(A) No person 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.
(B) No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained.
(C) No person owning or harboring or having the care 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 $100,000 dollars because of damage or bodily injury to or death of a person caused by the vicious dog.
(D) 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 division (A) hereof. Such pen or structure must have secure sides. If the structure does not have a secure top, the sides shall extend to a height of 6 feet above ground. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than 1 foot. The fence must be made of adequate material to restrain the dog.
(2) A VICIOUS DOG as the term is used in this section means:
(a) Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
(b) Any dog which attacks a human being or another domestic animal one or more times without provocation; or
(c) Any PIT BULL TERRIER, which shall be herein defined as any Staffordshire Bull Terrier breed of dogs or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier by a qualified veterinarian duly licensed as such by the State of Ohio.
(E) Divisions(a) and (b) above are necessary controls on the unrestrained activity of vicious animals which threaten the safety of streets, parks, sidewalks, yards and all areas of the city; and lack of intent is not a defense to a violation thereof.
(F) The city shall have the authority to determine if a dog qualifies as a vicious dog. The city shall give the dog owner written notice of such determination by regular mail or personal service. The notice shall include the reasons for the determination as a vicious dog. If the owner denies that the dog is a vicious dog, the owner may appeal the city's decision to a hearing officer by filing with a written request for a hearing with the Police Department within ten days of the date that the notice was mailed to the owner by regular mail or from when the owner was personally served with the notice.
(G) The hearing officer shall hold a hearing within a reasonable period of time on any appeal from the city's determination that a dog is a vicious dog. The owner, the city or its agent, and any other persons having relevant evidence concerning the determination shall be allowed to present testimony. After the closing of the hearing, the hearing officer shall issue an order containing his or her determination, which shall be final.
(H) Once the owner has received notice of the city's determination, the owner shall comply with the restrictions specified in this chapter until such time as the city's determination is reversed on appeal. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this chapter, for which a fine can be imposed pursuant to division 90.15(I) of this section.
(I) (1) Whoever violates this section shall be fined not more than $1,000, or imprisoned for not more than 60 days, or both.
(2) When any person is found guilty of a second offense of this section, such person may be imprisoned for not more than 60 days, and shall be fined $1,000, which fine shall be mandatory, and shall not be suspended or remitted.
(3) Additionally, the court may order the offender to obtain liability insurance pursuant to division (C) of this section.
(4) 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 domestic animals. Any person found guilty of violating § 90.15 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal 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. 4-1984, passed 1-4-84; Am. Ord. 31-2003, passed 7-16-03; Am. Ord. 33-2005, passed 7-20-05)