(A) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS ANIMAL.
(1) An animal that, without provocation, and subject to division (2) below, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while that animal is off the premises of its owner, keeper or harborer or some other responsible person, or is on the premises of its owner, keeper or harborer and not physically restrained or confined in a building, locked pen, a locked fenced yard, or other locked enclosure.
(2) A
DANGEROUS ANIMAL does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
MENACING FASHION. An animal that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
POLICE DOG. 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.
VICIOUS ANIMAL.
(1) An animal that, without provocation and subject to division (2) of this definition, meets any of the following criteria:
(a) Has killed or caused physical injury to any person;
(b) Has killed another animal owned by or belonging to that person;
(2) VICIOUS ANIMAL does not include either of the following:
(a) A police dog that has killed or caused serious injury to any person or animal while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(b) An animal 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 in the occupied dwelling of the owner, keeper or harborer of the animal.
WITHOUT PROVOCATION. An animal acts WITHOUT PROVOCATION when it was not teased, tormented, or abused by a person or other animal, or that animal 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 animal as a means of carrying out such activity.
(B) Restriction of dangerous animals. No owner, keeper, or harborer of a dangerous animal within the village shall fail to do either of the following:
(1) While that animal is on the premises of the owner, keeper, or harborer, securely confine it at all times in a building, a locked pen, a locked fenced yard, or other locked enclosure, except that a dangerous animal may, in the alternative, be tied with a leash or tether so that the animal is adequately restrained.
(2) While that animal is off the premises of the owner, keeper, or harborer, keep it on a leash or tether that is not more than 6 feet in length and additionally do at least one of the following:
(a) Keep that animal confined in a building, a locked pen, a locked fenced yard, or other locked enclosure;
(b) 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 animal is adequately restrained and station a person in close enough proximity to that animal so as to prevent it from causing injury to any person; or
(c) Muzzle that animal.
(C) Restriction of vicious animals. No person shall possess, harbor or keep a vicious animal within the village. If an animal, which becomes a vicious animal, is not immediately removed from the village, the court shall order the vicious animal to be removed from the village or to be humanely destroyed by a licensed veterinarian, a county animal control officer, or the humane society.
(D) Restriction of prohibited animals. No person shall possess, harbor, transport, buy or sell, except for educational or experimental use by schools, any of the following animals in the village:
(1) Poisonous insects, amphibians, reptiles or fish, including those whose poison has been removed or neutralized;
(2) Man-eating fish;
(3) Any animal or a species feral by nature in its usual state, except for hamsters, gerbils, guinea pigs, chinchillas, domestic rabbits, white mice and white rats, nonpoisonous reptiles and amphibians, which are caged.
(E) Penalties.
(1) Whoever violates division (B) of this section is guilty of a minor misdemeanor, and shall be fined not more than $100. Additionally, the court may order the offender to personally supervise the dangerous animal that he or she owns, keeps or harbors, to cause that animal to complete obedience training, or to do both, and the court may order the offender to obtain liability insurance with an insurer authorized to write liability insurance in Ohio providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $50,000 because of damage or bodily injury to or death of a person caused by the dangerous animal.
(2) Whoever violates division (C) of this section and any person who owns, harbors, or keeps a dangerous animal, which becomes a vicious animal, in the village is guilty of a misdemeanor of the first degree, and shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court, but which shall not exceed an imprisonment of 6 months or a fine of $1,000, or both.
(3) Whoever violates division (D) of this section is guilty of a minor misdemeanor, and shall be fined not more than $100, and the prohibited animal shall be removed from the village immediately, or humanely destroyed by a licensed veterinarian, a county animal control officer or the humane society.
(Ord. 614, passed 1-18-1988)