(a) As used in this section:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to subsection (B), has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
Been the subject of a third or subsequent violation of Section 505.17(b).
B. "Dangerous dog" does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) A. "Nuisance dog" means, subject to subsection (B), a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
B. "Nuisance dog" does not include a police dog that, while being used to assist one or more law enforcement officers in the performance of official duties, has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
(4) "Police dog" means a dog that has been trained and may be used to assist one or more law enforcement officers in the performance of their official duties.
(5) "Serious injury" means any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
C. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
D. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(6) A. "Vicious dog" means a dog that, without provocation and subject to subsection (B), has killed or caused serious injury to any person. "Vicious dog" does not include either of the following:
B. 1. A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
(7) "Without provocation." A dog acts "without provocation" when it was not teased, tormented or abused by a person, or it was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity. (Ord. 115-2017. Passed 11-15-17.)
(b) Dogs at Large.
(1) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:
A. Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;
B. Keep the dog under the reasonable control of some person.
(c) Dangerous Dogs Regulations. Except when a dangerous dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top.
(2) While the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following: keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top; have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or muzzle that dog.
(d) Prohibited Acts. No person who has been convicted of or pleaded guilty to three or more violations of Section 505.17(b) involving the same dog and no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
(1) Obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, County Dog Warden, or public health official charged with enforcing this section;
(2) Obtain a dangerous dog registration certificate from the County Auditor pursuant to Section 505.17(h), affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
(3) Notify the local Dog Warden immediately if any of the following occurs:
A. The dog is loose or unconfined.
B. The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
C. The dog attacks another animal while the dog is off the property of the owner of the dog.
(4) If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer, or death.
(e) Debarking. No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous dog;
(2) Possess a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under Section 505.17(f) that the person's dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(f) Veterinarian Waiver. Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a dangerous dog. The written waiver form shall include all of the following:
(1) The veterinarian's license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner's dog is not a dangerous dog;
(5) A statement that Ohio R.C. 955.22(F) prohibits any person from doing any of the following:
A. Debarking or surgically silencing a dog that the person knows or has reason to believe is a dangerous dog;
B. Possessing a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attesting on a waver form provided by the veterinarian under Ohio R.C. 955.22(G) that the person's dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(g) Defense to Debarking. It is an affirmative defense to a charge of a violation of Section 505.17(e) that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver that complies with Section 505.17(f) and that attests that the dog is not a dangerous dog.
(h) (1) Dangerous Dog Registration. The County Auditor shall issue a dangerous dog registration certificate to a person who is the owner of a dog, who is 18 years of age or older, and who provides the following to the County Auditor:
A. A fee of $50;
B. The person's address, phone number, and other appropriate means for the local Dog Warden or County Auditor to contact the person;
C. With respect to the person and the dog for which the registration is sought, all of the following:
(i) Either satisfactory evidence of the dog's current rabies vaccination or a statement from a licensed veterinarian that a rabies vaccination is medically contraindicated for the dog;
(ii) Either satisfactory evidence of the fact that the dog has been neutered or spayed or a statement from a licensed veterinarian that neutering or spaying of the dog is medically contraindicated;
(iii) Satisfactory evidence of the fact that the dog has been permanently identified by means of a microchip and the dog's microchip number.
(2) Upon the issuance of the dangerous dog registration certificate to the owner of a dog, the County Auditor shall provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall renew the certificate annually for the same fee and in the same manner as the initial certificate was obtained. If a certificate holder relocates to a new county, the certificate holder shall follow the procedure in Section 505.17(h)(3)B. and, upon the expiration of the certificate issued in he original county, shall renew the certificate in the new county.
(3) Obligations Upon Relocation.
A. If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within the same county, the owner shall provide notice of the new address to the County Auditor within ten days of relocating to the new address.
B. If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within another county, the owner shall do both of the following within ten days of relocating to the new address:
i. Provide written notice of the new address and a copy of the original dangerous dog registration certificate to the County Auditor of the new county;
ii. Provide written notice of the new address to the County Auditor of the county where the owner previously resided.
(4) The owner of a dangerous dog shall present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, or public health official charged with enforcing this section.
(i) Sales and Transfers.
(1) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the County Auditor. A transfer of ownership shall be recorded by the Auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of five dollars.
(2) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(3) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog, the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
A. The name and address of the buyer or other transferee of the dog;
B. The age, sex, color, breed, and current registration number of the dog. In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
i. "Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
ii. "Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
iii. "Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(4) No seller or other transferor of a dog shall fail to comply with the applicable requirements of Sections 505.17(i)(1) to (3).
(j) Penalties.
(3) A. Whoever violates Ohio R.C. 955.21, Ohio R.C. 955.22(B), or commits a violation of Section 505.17(b) that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog shall be fined not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars or more than two hundred fifty dollars and may be imprisoned for not more than thirty days.
B. In addition to the penalties prescribed in Section 505.17(j)(3)(A), if the offender is guilty of a violation of R.C. 955.22(B) or a violation of Section 505.17(b) that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(4) A. Whoever commits a violation of Section 505.17(b) that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of Section 505.17(b) involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
B. In addition to the penalties prescribed in Section 505.17(j)(4)A., if a violation of Section 505.17(b) involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
C. Whoever commits a violation of Section 505.17(b) that involves a dangerous dog or a violation of Section 505.17(c) is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to Section 505.17(d)(1). The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense. With respect to a violation of Section 505.17(b) that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with Section 505.17(c) or at the County Dog Pound at the owner's expense.
(5) A. Whoever commits a violation of Section 505.17(b) that involves a vicious dog is guilty of one of the following:
1. A felony of the fourth degree if the dog kills a person. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
2. A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
B. If the court does not order the vicious dog to be destroyed under Section 505.17(j)(5)A.2., the court shall issue an order that specifies that Section 505.17(c) and Sections 505.17(c) to (i) apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog and that Ohio R.C. 955.54 applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under Section 505.17(d)(1) in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars. Until the court makes a final determination and during the pendency of any appeal of a violation of Section 505.17(b) and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions described in Section 505.17(c) or at the County Dog Pound at the owner's expense.
(6) Whoever violates Ohio R.C. 955.01(A)(2) is guilty of a misdemeanor of the first degree.
(7) Whoever violates Section 505.17(d)(2) is guilty of a misdemeanor of the fourth degree.
(8) Whoever violates Sections 505.17(e) is guilty of a felony of the fourth degree. Additionally, the court shall order that the dog involved in the violation be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society. Until the court makes a final determination and during the pendency of any appeal of a violation of Section 505.17(e) and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with the provisions of Section 505.17(c) or at the County Dog Pound at the owner's expense.