(a) Whenever a complaint is made to the Chief of Police or designee or the Animal Control Officer of the presence of a dangerous or vicious dog within the City, the Chief of Police or designee or the Animal Control Officer shall promptly inspect or cause an inspection to be made of the premises on which it is alleged that such animal is being kept.
(b) The Chief of Police or designee or the Animal Control Officer shall determine that a dog is dangerous pursuant to this chapter upon proof by a preponderance of the evidence of any of the following:
(1) Without provocation, the dog has chased or approached any person or domestic animal in either a menacing fashion or in an apparent attitude of attack;
(2) Without provocation, the dog has attempted to bite any person; or
(3) Without provocation, the dog has bitten or otherwise endangered any animal, or companion animal as defined in Ohio R.C. 959.131.
(c) The Chief of Police or designee or the Animal Control Officer shall determine that a dog is vicious pursuant to this chapter upon proof by a preponderance of the evidence of any of the following:
(1) Without provocation, the dog has killed or caused physical harm to any person; or
(2) Without provocation, the dog has killed any animal, or companion animal as defined in Ohio R.C. 959.131.
(d) If the Chief of Police or designee or the Animal Control Officer determines that a dangerous or vicious dog is being kept within the City, the Chief of Police or designee or the Animal Control Officer shall then determine the individual, firm or corporation who from the records in the Auditor’s office of Erie County, appears to be the owner of the dog, or if such information is not available, the titled owner of the property upon which the dog is kept, and shall, within five days of the determination, cause a written notice to be served on such owner. Notice shall be served by certified mail with a return receipt requested or by personal service. If service of such written notice is unable to be perfected, then the Chief of Police or designee or the Animal Control Officer shall cause a copy of the aforesaid notice to be served by ordinary mail which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there is no individual in possession of the premises, he shall cause a copy of the notice to be posted on the premises.
(e) The notice required by subsection (d) hereof shall state, in brief, the findings with respect to the dangerous or vicious nature of the dog. The notice shall further state that the owner must comply with the requirements of this chapter within thirty days after service of the notice and the owner’s right to appeal under Section 505.21.
(f) Police dogs are exempt from these provisions for all actions occurring in the course of their duties. (Ord. 07-098. Passed 12-10-07.)