(a) Definition of Dangerous Dog. As used in this section, "dangerous dog" means:
(1) Any dog with a, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, or killed another dog; or
(2) Any dog which attacks a human being or domestic animal without provocation; or
(3) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
(4) No dog shall be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it.
(b) Definition of Vicious Dog. As used in this section, "vicious dog" means a dog that, without provocation meets any of the following:
(1) Has killed or caused serious injury to any person;
(2) Has caused injury other than killing or serious injury to any person.
(c) Dangerous Dog, or Vicious Dog does not include either of the following:
(1) A police dog that has killed or cause serious injury to any person or that has caused injury, other than killing or serious injury, to any person 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 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.
(d) Serious Injury. "Serious injury" means any of the following:
(1) Any physical harm that carries a substantial risk of death;
(2) Any physical harm that involves a permanent incapacity, whether partial or total, or temporary, substantial incapacity;
(3) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
(4) Any physical harm that involves acute pain of duration that results in substantial suffering or any degree of prolonged or intractable pain.
(e) Confinement Requirement. No person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such a dog to go unconfined on the premises of such person. A dangerous dog or 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 a dog run area upon the premises of the person. Such pen or dog run area shall also have sides six feet high and a secure top. If the pen or structure has no bottom secured to the sides, or if a dog is a type which burrows, the sides shall be imbedded into the ground no less than one foot.
(f) Off Premises. No person owning or harboring or having the care of a dangerous dog or vicious dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length. Said restraint shall be under the direct control of a person who is of suitable age and discretion or shall be securely attached, tied or affixed to the ground or a stationary object or fixture so that the dog is adequately retrained and such person shall be stationed closed enough proximity as to prevent the dog from causing injury to any person.
(g) Prohibition of Fighting or Attack Dogs. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.
(h) Debarking or Surgically Silencing Dogs. No person shall debark or surgically silence a dog that the person knows or has a reason to believe is a dangerous or vicious dog or possess a dangerous or vicious dog if the person knows or has a reason to believe that dog has been debarked or surgically silenced.
(i) Prohibition of Selling, Breeding or Buying Dangerous Dog. No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the City any dangerous or vicious dog.
(j) Possession of Dogs by Felons. No person who is convicted of or pleads guilty to a felony offense violation, shall knowingly own, posses, have custody of, or reside in a residence with any dog determined to be a dangerous or vicious dog.
(k) Notice of Dangerous Dog or Vicious Dog Determination. If the Community Service Officer determines that a dangerous dog or vicious dog is being kept within the City, the Community Service Officer shall then determine the individual, firm or corporation who from the records in Auditor's office of Summit County, 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 five (5) days, cause a 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, the Community Service Officer shall cause a copy of the aforesaid notice 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.
The notice shall state the findings with respect to the dangerous or vicious nature of the dog. The notice shall further state that the owner must comply with the requirements of this section within thirty (30) days after service of the notice.
(Ord. 2014-103. Passed 9-11-14.)
(l) Appeal of Dangerous Dog or Vicious Dog Determination. The owner of a dog who has been served with a notice pursuant to paragraph (h) of this Section may, within Seven (7) days after receipt of such notice, make a written demand to the Director of Public Safety for a hearing on the question of whether the dog is dangerous or vicious as defined in paragraph (a) of this Section.
If the event immediately precipitating the Community Service Officer's designation of a dangerous or vicious dog resulted in physical injury to another person, other than the dangerous or vicious dog owner, or physical injury to another animal owned by someone other than the owner of the dangerous or vicious dog, the Director of Public Safety shall send notice of the request for appeal to the victim or owner of the victim animal at his or her last known address by way of regular U.S. mail within Three (3) days of receiving the written request for appeal from the dangerous or vicious dog owner. Said notice shall state that the victim has a right to be present and a right to be heard at the scheduled hearing. Said notice shall also state that in the event the victim is unable to attend the hearing at the scheduled date and time, the victim may submit a written statement to be read and considered as part of the record at the scheduled hearing.
Every effort should be made to hold a hearing no later than Ten (10) days following receipt of written demand to the Director of Public Safety or the date the notice of appeal was mailed to the victim, whichever is later. At least Three (3) days notice of the hearing shall be given to the individual who made the written demand for hearing and the victim(s) of the event precipitating the dangerous or vicious dog designation.
(Ord. 2018-102. Passed 8-9-18.)
(m) Permit Requirements. In the event a dog has been determined dangerous or vicious, the Community Service Officer shall issue a special permit for the keeping or maintenance of a dangerous animal if after inspection and investigation by the Community Service Officer, it is found that.
(1) The animal is at all times kept or maintained in a safe manner, that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life, domestic animals, or the property of others.
(2) Adequate safeguards are made to prevent unauthorized access to such animal by members of the public.
(3) The health or well-being of this animal is not in any way endangered by the manner of keeping or confinement.
(4) The quarters in which such animal is kept are adequately constructed that they may be kept in a clean and sanitary condition.
(5) The applicant for such permit must obtain liability insurance in this state providing coverage per occurrence in the amount of one hundred thousand dollars ($100,000) for bodily injury to, or death of, any person, domestic animal, or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Stow Community Service Officer a certificate of insurance from an insurance company authorized to do business in the State stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages. Such certificate of insurance shall provide that no cancellation of the insurance will be made unless ten days notice is given to the Stow Community Service Officer.
(6) Every year, the Stow Community Service Officer shall renew such permit only upon an inspection of the subject premises and a finding that all criteria are met. Should the Community Service Officer determine during any such inspection that any of the conditions therein specified are being violated, he shall refuse to renew any such permit, or he shall revoke any such permit in the event that such violation is not corrected within such period of time as he directs and the Community Service Officer shall petition a court of competent jurisdiction for the removal of such dangerous dog.
(7) A separate permit is required for the keeping of each dangerous or vicious dog both through the City of Stow and by filing the appropriate paperwork with the County of Summit.
(8) An owner of a dangerous or vicious dog must affix a tag that identifies the dog as dangerous or vicious to the dog's collar, and ensure that the dog wears the collar and tag at all times. Designation tags may be obtained through the Summit County Fiscal Officer's office.
(9) An owner of a dangerous or vicious dog must have a clearly, visible, posted sign at the person's residence warning both minors and adults of the presence of a dangerous or vicious dog on the property.
(10) An owner, keeper, or harborer of a dangerous or vicious dog must notify the local dog warden immediately if any of the following occurs:
A. The dog is loose or unconfined;
B. The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property;
C. The dog attacks another animal while the dog is off the property of the owner, keeper or harborer of the dog;
D. The dog is sold, given to another person, or dies; notify the county auditor within ten (10) days of sale, transfer, or death.
(n) Seizure or Impoundment of Dangerous Dog or Vicious Dog. In the event that a law enforcement agent has probable cause to believe that a dangerous dog or vicious dog is being harbored, cared for, or housed in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog or vicious dog pending trial.
(o) Penalty.
(1) Whoever violates any section herein, shall be guilty of a fourth degree misdemeanor, on the first offense.
(2) Whoever is found guilty of violating any section herein, involving the same dog designated as dangerous, shall be found guilty of a third degree misdemeanor on a subsequent offense.
(3) Whoever is found guilty of violating any section herein, involving the same dog designated as vicious, shall be found guilty of a first degree misdemeanor on a subsequent offense.
(4) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment, such dangerous dog or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.
(5) Whoever violates any provision of this section shall pay all expenses, including shelter, food 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 such dog.
(Ord. 2014-103. Passed 9-11-14.)