(a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog when either:
(1) The police dog is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.
(2) The police dog is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is a police dog.
(b) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog;
(2) Throw an object or substance at a police dog;
(3) Interfere with or obstruct a police dog, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog, in a manner that does any of the following:
A. Inhibits or restricts the law enforcement officer's control of the police dog;
B. Deprives the law enforcement officer of control of the police dog;
C. Releases the police dog from its area of control;
D. Enters the area of control of the police dog without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the police dog to assist a law enforcement officer.
(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog.
(c) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog when either:
(1) The dog is assisting or serving a blind, deaf, hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
(2) The dog is not assisting or serving a blind, deaf, hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.
(d) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike an assistance dog;
(2) Throw an object or substance at an assistance dog;
(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
A. Inhibits or restricts the assisted or served person's control of the dog;
B. Deprives the assisted or served person of control of the dog;
C. Releases the dog from its area of control;
D. Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the dog to assist the assisted or served person.
(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf, hearing impaired, or mobility impaired person or that the person knows is an assistance dog.
(e) Penalty:
(1) Whoever violates this section is guilty of a misdemeanor in the first degree. If the violation results in the death of the police or assistance dog then such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 2921.321(F))
(2) In addition to any other sanction or penalty imposed for the offense under this section, Ohio R.C. 2929, et seq., or any other provision of the Revised Code or this Chapter, whoever violates subsection (a), (b), (c), or (d) hereof is responsible for the payment of all of the following:
A. Any veterinary bill or bill for medication incurred as a result of the violation by the Municipality regarding a violation of subsection (a) or (b) hereof or by the blind, deaf, hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of subsection (c) or (d) hereof;
B. The cost of any damaged equipment that results from the violation;
C. If the violation did not result in the death of the police dog or the assistance dog that was the subject of the violation and if, as a result of that dog being the subject of the violation, the dog needs further training or retraining to be able to continue in the capacity of a police dog or an assistance dog, the cost of any further training or retraining of that dog by a law enforcement officer or by the blind, deaf, hearing impaired, or mobility impaired person assisted or served by the assistance dog;
D. If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or the assistance dog that was the subject of the violation to the extent that the dog needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog and of any further training of a new police dog or a new assistance dog by a law enforcement officer or by the blind, deaf, hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog that was the subject of the violation.
(Ord. 115-2017. Passed 11-15-17.)
(f) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. 4741, et seq.
(g) This section only applies to an offender who knows or should know at the time of the violation that the police dog or assistance dog that is the subject of a violation under this section is a police dog or an assistance dog.
(h) Definitions. As used in this section:
(1) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(2) "Police dog" means a dog that has been trained, and may be used, to assist the City's Division of Police or any other law enforcement officers in the performance of their official duties.
(3) "Serious physical harm" means any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;
C. Any physical harm that causes acute pain of a duration that results in substantial suffering.
C. Any physical harm that causes acute pain of a duration that results in substantial suffering.
"Serious physical harm," as used in this section, does not have the same meaning as used in Section 505.071.
(4) "Assistance dog," "blind," and "mobility impaired person" have the same meanings as in Ohio R.C. 955.011."
(Ord. 68-2016. Passed 8-23-16.)