(a) The following definitions shall apply to this section:
(1) “Dangerous dog” is defined as a dog that, without provocation, 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 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 or other locked enclosure which has a top.
(2) “Dangerous dog” is further defined as a dog which has, whether or not the dog is on or 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, killed or caused serious injury to any person or to another animal.
(3) The definition of a “dangerous dog” for the purposes of this section does not include a “police dog” that has been trained or may be used to assist one or more law enforcement officers in the performance of their official duties.
(b) Upon complaint or information, the Director of Public Service and Safety, the Chief of Police, or other designee, included but not limited to the Code Enforcement Officer of the City, may designate a dog as a “dangerous dog”.
(c) Upon determination that a dog is a “dangerous dog”, the appropriate official shall notify in writing the owner, keeper or harborer of such animal of such designation. Such written notification shall be made by any of the following methods:
(1) By leaving such written notice with a responsible person at the residence where the “dangerous dog” is located.
(2) By mailing such written notice by certificated mail, return receipt requested, to the owner of the residence where the “dangerous dog” is kept provided it is an owner occupied residence.
(3) By mailing such written notice to the occupant of said residence as identified on the City utility records as the person occupying such residence. In such event, the owner or landlord of the property where the dog is being kept shall be given a duplicate copy of such notice.
(d) Upon receiving notice as provided in subsection (c) above, the person receiving such notice shall have right to appeal such designation to the Auglaize County Municipal Court pursuant to the provisions of Section 955.222 of the Ohio Revised Code. Such appeal shall be made within fourteen (14) days of the receipt of said notice.
(e) The owner, keeper or harborer of a dog designated as a “dangerous dog” pursuant to subsection (b) above shall not fail to do all of the following:
(1) While the dog is on the premises of the owner, keeper or harborer, such dog shall be kept securely confined at all times in a building, in a locked pen which has a top or in a locked fenced yard which has a top or other locked enclosure which has a top.
(2) While the “dangerous dog” is off the premises of the owner, keeper or harborer, such person shall keep the “dangerous dog” on a leash or tether which is not more than six (6) feet in length and have such dog controlled by a person who is at least eighteen (18) years of age. Further, the “dangerous dog” shall be muzzled when off the premises of the owner, keeper or harborer.
(3) The owner, keeper or harborer of a dog which is designated as a “dangerous dog” shall not keep any other dog at said residence.
(4) No person who owns, keeps or harbors a “dangerous dog” shall breed said dog.
(f) An owner, keeper or harborer of a “dangerous dog” as designated in subsection (b) above, who violates subsection (e) above, shall be guilty of a misdemeanor of the third degree. For a second offense of subsection (e) above within a period of one (1) year, the violator shall be guilty of a misdemeanor of the second degree.
(g) If the dog designated as a “dangerous dog” as designated in subsection (b) above causes physical injury to another person or animal, the owner, keeper or harborer of such dog shall be deemed guilty of a misdemeanor of the first degree and the animal may be ordered to be humanely destroyed by a licensed veterinarian, the dog warden, or the Humane Society. (Ord. 2015-06. Passed 4-27-15.)