(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection 618.17(a)(1)B. of this section, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
3. Been the subject of a third or subsequent violation of division (C) of Section 955.22 of the Ohio Revised Code [Section 618.18(b) of this Chapter].
B. “Dangerous dog” does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(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.
(Ord. 2012-078. Passed 6-4-12.)
(3) A. Subject to subsection (a)(3)B hereof, "nuisance dog" means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person, or has bitten or caused serious physical harm to another dog or cat.
B. "Nuisance dog" does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
(Ord. 2012-194. Passed 11-19-12.)
(4) “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.
(5) "Serious injury" means any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
C. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
D. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(6) A. “Vicious dog” means a dog that, without provocation and subject to subsection 618.17(a)(6)B., has killed or caused serious injury to any person.
B. “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused 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.
(7) “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.
(b) Designation as Nuisance Dog, Dangerous Dog or Vicious Dog; Court Hearing and Appeal.
(1) The Berea Municipal Court or Cuyahoga County Common Pleas Court having territorial jurisdiction over the residence of the owner, keeper, or harborer of a dog shall conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog.
(2) If the City's Animal Control Officer has reasonable cause to believe that a dog in the City's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the Animal Control Officer shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
A. That the Animal Control Officer has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
B. That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in Cuyahoga County in which the dog's owner, keeper, or harborer resides.
(3) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the Berea Municipal Court or Common Pleas Court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog. The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court.
(4) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of division (D) of Section 955.22 of the Ohio Revised Code [Section 618.18(c) of this Chapter] that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog. The owner, keeper, or harborer of the dog shall not be required to comply with any other requirements established in the Ohio Revised Code or the City's Codified Ordinances that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal.
(5) If a dog is finally determined under this section, or on appeal as described in this section, to be a vicious dog, division (D) of Section 955.11 [Section 618.17(f) of this Chapter] and divisions (D) to (I) of Section 955.22 of the Ohio Revised Code [Sections 618.18(c)-(g) of this Chapter] apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog, and Section 955.54 of the Ohio Revised Code applies with respect to the dog as if it were a dangerous dog, and the court shall issue an order that specifies that those provisions apply with respect to the dog and the owner, keeper, or harborer in that manner. As part of the order, the court shall require the owner, keeper, or harborer to obtain the liability insurance required under division (E)(1) of Section 955.22 of the Ohio Revised Code in an amount described in division (H)(2) of Section 955.99 of the Ohio Revised Code.
(6) As used in this section, "nuisance dog," "dangerous dog," and "vicious dog" have the same meanings as in Section 618.17(a) of this Chapter.
(c) (Intentionally omitted)
(d) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the Cuyahoga County Fiscal Officer. A transfer of ownership shall be recorded by the Cuyahoga County Fiscal Officer upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee as required by the Cuyahoga County Fiscal Officer.
(e) Prior to the transfer of ownership or possession of any dog, upon the buyer’s or other transferee’s request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(f) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog, the seller or other transferor shall give to the buyer or other transferee, the Cuyahoga County Board of Health, and the Cuyahoga County and City of Strongsville dog wardens, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions which shall be specifically stated on the form as follows:
“Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred.”
“Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred.”
“Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred.”
The dog warden shall furnish the form to the seller at no cost.
(g) No seller or other transferor of a dog shall fail to comply with the applicable requirements of subsections 618.17(d) to (f).
(Ord. 2012-078. Passed 6-4-12.)