(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, 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 or domesticated animal, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined.
B. “Dangerous dog” 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 one or more law enforcement officers in the performance of their official duties.
(Ord. 1957. Passed 3-22-04.)
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means 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. (ORC 955.11)
(4) A. “Vicious dog” means a dog that, without provocation and subject to subsection (a)(4)(B) hereof, meets any of the following:
1. Has killed or caused serious injury to any person or domesticated animal;
2. Has caused injury, other than killing, or serious injury to any person or domesticated animal;
B. “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or domesticated animal or that has caused injury, other than killing or serious injury, to any person or domesticated animal while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury ti any person or domesticated animal while such person or domesticated animal was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(Ord. 1957. Passed 3-22-04.)
C. "Pit bull terrier" as used herein includes, but is not limited to, any American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
(5) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog 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 dog as a means of carrying out such activity.
(ORC 955.11)
(6) The term “domesticated animal” includes tamed mammals including those commonly kept as pets and as livestock.
(7) “Seriously injures” or “serious injury” shall have essentially the same meaning as “serious physical harm” under Ohio R.C. Section 2901.01.
(b) Except when a dangerous or vicious dog is lawfully engaged in hunting and is accompanied by the owner, keeper, harborer or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fence yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
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 stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person or domesticated animal;
C. Muzzle that dog.
(Ord. 1957. Passed 3-22-04.)
(c) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (ORC 955.22)
(d) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(2) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
(3) A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Prosecution shall be made under Ohio R.C. 2929.11. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(4) A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense if the dog kills another animal or causes any physical harm to a person other than serious injury. Prosecution for misdemeanor shall be under this section and the penalty shall be as provided in Section 501.99. Prosecution for the felony shall be under Ohio R.C. 955.22(D) and the penalty shall be provided in Ohio R.C. 2929.11. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(5) A misdemeanor of the fourth degree if the dog causes serious injury to another animal. The penalty shall be as provided in Section 501.99.
(f) Prior conviction of a dangerous dog shall be prima facie evidence that the animal is a dangerous dog for subsequent violations. Prior conviction as a vicious dog shall be prima facie evidence that the animal is a vicious dog for subsequent violations.
(g) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (Ord. 1957. Passed 3-22-04.)