705.07 VICIOUS DOGS.

   (a)   No owner, keeper or harborer of a vicious dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a vicious dog is present on the premises, or shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter:

      (1)   While that dog is on the premises of the owner, keeper or harborer, keep the dog locked inside a structure on the property that provides adequate ventilation, or while the dog is outside keep it securely confined at all times in a locked pen or other locked enclosure which has a top.

      (2)   While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash having a minimum tensile strength of three hundred (300) pounds, and that is not more than four feet in length and additionally do at least one of the following:

         A.   Keep that dog in a locked pen or other locked enclosure which has a top;

         B.   Have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog, and keep the dog muzzled at all times while off the premises, except when being examined or treated by a veterinarian.

   (b)   No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the State of Ohio providing coverage in each occurrence, subject to a limit, exclusive of interests and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person, or damage or injury to any domestic animal or property, caused by the vicious dog.

   (c)   Upon the request of the Animal Warden or his or her designee, an owner, keeper or harborer of a vicious dog shall produce the evidence of insurance required pursuant to this section.

   (d)   In the event the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in violation of subsections (b), (f), (g) or (h) hereof, they may petition the Municipal Court to order the seizure and impoundment of such dog pending trial. In the event that the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in violation of subsection (a)(1) or (2) hereof, they may seize and impound the vicious dog with the right of the owner, keeper or harborer having the right to appeal such action as permitted in Section 705.17 of this Chapter.

   (e)   Any locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, as described in this section, shall not be constructed or maintained without first obtaining approval from the City, where such approval is required pursuant to the City's Zoning or Building Codes.

   (f)   No person shall own, keep or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.

   (g)   No person shall possess with intent to sell, or offer for sale, breed, or purchase or transfer or attempt to purchase or transfer within the City any vicious dog.

   (h)   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 vicious dog;

      (2)   Possess a vicious 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 division (g) of this section that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form.

         (Ord. 08-102. Enacted 11-24-08.)