505.02 DOGS AND OTHER ANIMALS RUNNING AT LARGE.
   (a)   No person being the owner or having charge of any animal as defined in Section 505.01 shall permit such animal to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. The owner or person having charge of every animal shall at all times keep such animal either confined upon the premises of the owner or keeper, or on a leash held by and under reasonable control of some person. Feral cats that are ear-tipped are exempt from this section.
   (b)   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, whether wearing a registration tag or not, shall fail at any time to do either of the following:
      (1)   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;
      (2)   At all times when the dog is off the premises of the owner, keeper or harborer, keep the dog on a leash held by and under reasonable control of some person;
      (3)   No owner, keeper, or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat unless the dog is properly in leash.
         (O.R.C. §955.22(B)(C))
   (c)   Testimony that an animal was not on the property of its owner, keeper or harborer, or was not held under reasonable control on a leash by a person accompanying such animal when found, is prima-facie evidence that it is running at large in violation of this section.
   (d)   Whoever violates subsections (a) or (b) above is guilty of a misdemeanor of the third degree.
   (e)   Notwithstanding the above, a violation of subsections (a) or (b) hereof shall be a misdemeanor of the second degree when such animal is found to have attacked or bitten another person either while at large, or when leashed and not on the property of its owner, keeper or harborer. If such animal is found to have attacked or bitten another domestic animal while at large, or while leashed but not under control as described in subsection (b)(2) hereof, the owner, keeper or harborer shall be subject to the penalty mentioned in subsection (d).
   (f)   Each subsequent violation of subsection (e) hereof within a period of three (3) years shall be a misdemeanor of the first degree in the event a human being is attacked or bitten and a misdemeanor of the second degree in the event a domestic animal is attacked or bitten.
   (g)   Police dogs are exempt from these provisions for all actions occurring in the course of their duties.
(Ord. 11-025. Passed 3-14-11.)