(a) No person, corporation or entity owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person, corporation or other entity.
(b) No person, corporation or entity owning or harboring or having the care of a vicious dog shall suffer or permit such dog to be beyond the premises of such person, corporation or other entity unless such dog is securely leashed and muzzled.
(c) Definitions.
(1) A vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. If such pen or structure does not have a top, the sides shall extend to a height of six feet above ground. If the pen or structure has no bottom secured to the side, the sides must be embedded in the ground no less than two feet. The fence must be made of adequate material to restrain the dog.
(2) A "vicious dog" means a dog that, without provocation, meets any of the following:
A. Has killed or caused injury to any person;
B. Has killed another domestic animal.
C. Belongs to a breed of dogs known as a "Pit Bull Terrier" or "American Pit Bull Terrier" and/or commonly referred to as a "Pit Bull" dog. The ownership, keeping, or harboring of such a breed shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.
(3) "Vicious dog" does not include either:
A. A police dog that has killed or caused injury or serious injury to any person while that police dog is being used to assist a law enforcement officer in the performance of his official duties;
B. A dog that has killed or caused injury or serious injury to any person while a person was committing or attempting to commit a criminal trespass or other crime of violence on the property of the owner of the dog.
(4) "Provocation" means that a dog was teased, tormented or abused by a person, or that the dog was coming to the aid or defense of a person, or that the dog was coming to the aid or defense of a person who was not engaged illegal activity, and whose person or property was in imminent danger of physical harm.
(5) "Police dog" means a dog that has been trained, and may be used, to assist a law enforcement office in the performance of his official duties.
(6) "Owner" means any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog or the parents or guardian of a minor owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog.
(d) Subsections (a) and (b) hereof are necessary controls on the unrestrained activity of vicious dogs which threaten the safety of the streets, parks, sidewalks, yards and all areas of the City; and lack of knowledge or lack of interest is not a defense to a violation thereof.
(e) Inspection Upon Complaint of Vicious Dog. Whenever the Police Department is made aware of the presence of a dangerous or vicious dog within the City, the Animal Control Officer; or, in the event of an absence or vacancy in the position of Animal Control Officer, the Chief of Police, shall promptly inspect or cause an inspection to be made of the premises on which it is alleged that such animal is being kept.
(f) Determination of Vicious Dog. The Animal Control Officer, or the Chief of Police as set forth at paragraph (e) of this section, 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;
(2) Without provocation, the dog has killed any domestic animal;
(3) Belongs to a breed of dog known as a "Pit Bull Terrier" or "American Pit Bull Terrier" and commonly referred to as a "Pit Bull" dog.
(g) If the person authorized to make the determination as set forth at paragraphs (e) and (f) of this section has reasonable cause to believe that a dog in the City of Sheffield Lake is a vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
(1) That the person has designated the dog as a vicious dog;
(2) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the Lorain Municipal Court.
(h) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a vicious dog, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the Lorain Municipal Court. At the hearing, the person who designated the dog as a vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a vicious dog.
(i) If a dog is finally determined under this section to be a vicious dog, the provisions of this section regarding the confinement of vicious dogs, as well as Section 505.19 regarding Registration and Insurance for Vicious Dogs shall apply.
(j) Notification and Seizure of Vicious Dog. If the Animal Control Officer, or the Chief of Police as set forth at paragraph (e) of this section, determines that a vicious dog is unconfined within the City, he or she shall immediately seize the animal and shall confine the animal at the City Kennel, or some other suitable place of confinement at his or her discretion.
(k) Penalty. Whoever violates subsections (a) and/or (b) hereof shall be guilty of failure to confine a vicious dog a misdemeanor of the first degree. In addition, any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in the Court's judgment, such vicious dog represents a continuing threat of serious harm to human beings or other animals. Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animals or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(Ord. 64-17. Passed 10-10-17.)