(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Dangerous dog."
A. A dog that, without provocation, and subject to division (a)(1)B. of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has bitten or attempted to bite or has otherwise endangered any person, or domestic 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 in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top.
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 bitten or attempted to bite or otherwise endangered any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
(2) "Menacing fashion." A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog." A dog that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
(4) "Vicious dog."
A. A dog that, without provocation and subject to division (a)(4)B. of this definition, meets any of the following requirements:
1. Has killed or caused serious physical harm to any person; or
2. Has killed or caused serious physical harm to any domestic animal.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused serious physical harm to any person while the police dog is being used to assist law enforcement officers in the performance of their official duties; or
2. A dog that has killed or caused serious physical harm to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(5) "Without provocation." A dog acts "without provocation" when it was not teased, tormented, or abused by a person, or it 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.
(b) Determination of Dangerous and Vicious Dogs.
(1) Whenever a complaint is made to the Police Department or the Animal Control Officer, of the presence of a dangerous or vicious dog within the City, the Chief of Police or designee shall promptly inspect or cause an inspection of the premises on which it is alleged that such animal is being kept or whenever a complaint is received of a dangerous or vicious dog at the park the Chief of Police or designee shall promptly attempt to identify the owner of said dog.
(2) The Chief of Police or designee shall determine that a dog is dangerous pursuant to this section upon proof by a preponderance of the evidence of any of the following, subject to division (a)(1)B.:
A. Without provocation, the dog has chased or approached any person or domestic animal in either a menacing fashion or in an apparent attitude to attack.
B. Without provocation, the dog has bitten or attempted to bite any person or domestic animal.
C. Without provocation, the dog has bitten or otherwise endangered any person or domestic animal.
(3) The Chief of Police or designee shall determine that a dog is vicious pursuant to this section upon proof by a preponderance of the evidence of any of the following, subject to (a)(4)B.:
A. Without provocation, the dog has killed or caused serious physical harm to any person.
B. Without provocation, the dog has killed or caused serious physical harm to any domestic animal.
(4) If the Chief or designee determines that a dangerous/vicious dog is being kept within the City, or an incident involving a dangerous or vicious dog occurred at the dog park, the Chief shall determine the individual, firm or corporation who, from the records in the Auditor's office of Cuyahoga County, or through police reports, 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 ten business days, cause written notice to be served on such owner. Notice shall be served by certified mail with a return receipt requested. If service of such written notice is unable to be perfected, then the Chief of Police 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.
(5) The notice required by division (b)(4) of this section shall state, in brief, the findings with respect made 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 30 days after service of the notice.
(6) Police dogs are exempt from these provisions of all actions occurring in the course of their duties.
(c) Animals Running at Large.
(1) No person who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, cats, dogs, geese or other fowl or animals shall permit them to run at large upon any public way or upon unenclosed land, with the exception of persons participating in a trap, neuter and return program ("TNR").
(2) No owner, keeper, or harborer of any dog, cat or other domestic animal 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, cat or other domestic animal is properly in leash.
(3) No owner, keeper, or harborer of any dog shall fail at any time to 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 or under the reasonable control of some person.
(4) It shall be unlawful for any person to permit a dog under their responsibility to disturb, harass, or interfere with any dog park visitor or visitor's property.
(5) It shall be unlawful for any person to permit a dog in heat, under their responsibility, in the dog park.
(6) The running at large of any such animal in or upon any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.
(d) Compliance upon Dangerous or Vicious Dog Designation.
(1) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do all of the following:
A. While on the owner's property, the owner must securely confine the dangerous and vicious dog indoors or within a securely enclosed and locked pen, structure, or fence suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure or fence must be a minimum of six feet in height and must have secure sides. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet deep. The enclosure also must be humane and provide the dog adequate protection, as otherwise provided in this chapter, from the elements.
B. While that dog is off the premises of the owner, keeper, or harborer, the dog shall be kept 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:
1. Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure which has a top;
2. 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 a stationary object or fixture so that the dog is adequately restrained and station a person in close enough proximity to that dog so as to prevent it from causing injury to any person; and/or
3. Muzzle that dog. The muzzle must be made in a manner that will not cause injury to the dog or impair its vision or respiration but must prevent it from biting any person or animal.
C. The owner must display, in a conspicuous manner, a sign on the owner's premises warning that a dangerous or vicious dog is on the premises by stating in capital letters:
"WARNING - DANGEROUS ANIMAL - KEEP AWAY"
The sign must be visible and legible from the public right-of-way and from 50 feet away from the special enclosure required pursuant to division (d)(1)A. of this section.
D. The owner, at the owner's expense, shall have an identifying microchip installed under the dog's skin by a licensed veterinarian.
E. The dog shall be spayed or neutered, at the owner's expense, by a licensed veterinarian.
F. The owner and the dog must complete a course of animal obedience training.
G. The owner shall provide two color photographs of the dog annually.
(2) 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 ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.
(3) No owner, keeper, or harborer of a dangerous or vicious dog shall permit that dog access to any municipal park or community garden.
(e) Penalties.
(1) Whoever violates division (c)(1) of this section is guilty of a misdemeanor of the fourth degree and the animal shall be spayed or neutered at the owner's expense by a licensed veterinarian if the Court finds that it habitually runs at large upon any public way or upon unenclosed land.
(2) Whoever violates any of the provisions of divisions (c)(2) or (3) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) on a first offense and the animal shall be spayed or neutered at the owner's expense by a licensed veterinarian. For each subsequent offense, such person shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than 30 days.
(3) In addition to the penalties prescribed in division (c)(2) above, if the offender is guilty of a violation of division (c)(2) or (3) of this section, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(4) Whoever violates division (c)(4) or (5) of this section is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the first degree on each subsequent offense and the animal shall be banned from the dog park.
(5) If a violation of division (d)(1) of this section involves a dangerous dog, whoever violates that division (d)(1) is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the first 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 division (d)(2) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society, or relinquished to an animal sanctuary agreeable and equipped to accept a dangerous dog.
(6) If a violation of division (d)(1) of this section involves a vicious dog, whoever violates that division (d)(1) is guilty of one of the following:
A. A felony of the fourth degree on a first or subsequent offense if the dog kills or causes serious physical harm to a person. Prosecution shall be made under Ohio R.C. 955.22(D) and the penalty shall be as provided in 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, or relinquished to an animal sanctuary agreeable and equipped to accept a dangerous dog.
B. 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 or causes serious physical harm to any domestic animal. Prosecution for the 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 as 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, or relinquished to an animal sanctuary agreeable and equipped to accept a dangerous dog.
C. A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to any person, dog or cat. The penalty shall be as provided in Section 501.99.
(7) Whoever violates division (d)(2) of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 501.99.
(Ord. 49-02. Passed 1-27-03; Ord. 59-05. Passed 12-27-05; Ord. 23-09. Passed 5-11-09; Ord. 25-15. Passed 11-9-15.)