(a) As used in this section, “dangerous dog” has the same meanings as set forth in Section 618.17.
(b) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do the following:
(1) 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.
(2) Keep the dog under the reasonable control of some person.
(c) Except when a dangerous dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fence yard, or other locked enclosure that has a top;
(2) While that dog is off the premises of the owner, keeper, or harborer, keep that dog muzzled and 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:
A. Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top; and/or
B. 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 such a person in close enough proximity to that dog so as to prevent it from causing injury to any person.
(d) No person who has been convicted of or pleaded guilty to three or more violations of subsection (c) hereof involving the same dog and no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
(1) Obtain liability insurance with an insurer authorized to write liability insurance in this State and in proper form, providing coverage for each occurrence, because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court; and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section;
(2) Obtain a dangerous dog registration certificate from the county fiscal officer pursuant to this section, affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
(3) Notify the City's animal control officer 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 of the dog.
(4) If the dog is sold, given to another person, or dies, notify the county fiscal officer within ten days of the sale, transfer, or death.
(e) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous dog;
(2) Possess a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under subsection 618.18(f) that the person’s dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(f) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a dangerous dog. The written wavier form shall include all of the following:
(1) The veterinarian’s license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner’s dog is not a dangerous dog;
(5) A statement that subsection 618.18(e) prohibits any person from doing any of the following:
A. Debarking or surgically silencing a dog that the person knows or has reason to believe is a dangerous dog;
B. Possessing a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attesting on a waiver form provided by the veterinarian under subsection 618.18(f) that the person’s dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(g) It is an affirmative defense to a charge of a violation of subsection 618.18(e) that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with subsection 618.18(f) and that attests that the dog is not a dangerous dog.
(h) The owner of a dangerous dog shall present the required County dangerous dog registration certificate upon request of the City’s animal control officer. Whoever violates this subsection is guilty of a minor misdemeanor.
(i) Whoever violates subsection 618.18(b) that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
Whoever violates Subsection 618.18(b) that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of division (b) of Section 618.18 involving the same dog, the Court shall require the offender to register the involved dog as a dangerous dog.
In addition to the penalties prescribed in subsection 618.18(i) above, if the offender is guilty of a violation of subsection 618.18(b), 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.
(j) If a violation of subsection 618.18(b) or (c) involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third 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 subsection 618.18(d). 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 at the owner's expense. A separate offense shall be deemed committed each day during or on which a violation of subsection 618.18(c) occurs or continues. With respect to a violation of division (b) of Section 618.18 that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division, and at the discretion of the City's animal control officer, the dog shall be confined or restrained in accordance with division (c) of Section 618.18, or at the County dog pound at the owner's expense.
(k) If a violation of subsection 618.18(b) involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A felony of the fourth degree if the dog kills a person. 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 at the owner's expense.
(2) A misdemeanor of the first degree if the dog causes serious injury to any person. 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 at the owner's expense.
(3) A misdemeanor of the first degree for all other offenses.
A separate offense shall be deemed committed each day during or on which a violation of subsection 618.18(b) occurs or continues.
Until the court makes a final determination and during the pendency of any appeal of a violation of Section 618.18(b) of this Chapter or Ohio Revised Code 955.22(C), and at the discretion of the dog warden or animal control officer, the dog shall be confined or restrained in accordance with division (c) of Section 618.18, or at the County dog pound at the owner's expense.
(l) Whoever violates subsection (d)(2) of Section 618.18 of this Chapter or Ohio Revised Code Section 955.22(E)(2) is guilty of a misdemeanor of the fourth degree. Whoever violates subsections (d)(1), (3) or (4) of Section 618.18 of this Chapter [divisions (E)(1), (3), or (4) of Section 955.22 of the Ohio Revised Code] is guilty of a minor misdemeanor.
(m) Whoever violates subsection 618.18(e)(1), (2), or (3) is guilty of a felony of the fourth degree. Additionally, the court shall order that the vicious dog involved in the violation be humanely destroyed by a licensed veterinarian, the County dog warden, or the County humane society. Until the Court makes a final determination and during the pendency of any appeal of a violation of division (F)(1), (2) or (3) of Section 955.22 of the Ohio Revised Code [or Sections 618.18(e)(1), (2), or (3) of this Chapter] and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions of division (D) of Section 955.22 of the Ohio Revised Code [division (c) of Section 618.18 of this Chapter] or at the County dog pound at the owner's expense.
(n) (1) No person who is convicted of or pleads guilty to a felony offense of violence committed on or after the effective date of this section or a felony violation of any provision of Chapter 959, 2923, or 2925 of the Ohio Revised Code or any parallel or equivalent offense of these Codified Ordinances committed on or after the effective date of this section shall knowingly own, possess, have custody of, or reside in a residence with either of the following for a period of three years commencing either upon the date of release of the person from any period of incarceration imposed for the offense or violation or, if the person is not incarcerated for the offense or violation, upon the date of the person's final release from the other sanctions imposed for the offense or violation:
A. An unspayed or unneutered dog older than twelve weeks of age.
B. Any dog that has been determined to be a dangerous dog under Chapter 955 of the Ohio Revised Code.
(2) A person described in division (n)(1) of this section shall microchip for permanent identification any dog owned, possessed by, or in the custody of the person.
(3) A. Division (n)(1) of this section does not apply to any person who is confined in a correctional institution of the department of rehabilitation and correction.
B. Division (n)(1) of this section does not apply to any person with respect to any dog that the person owned, possessed, had custody of, or resided in a residence with prior to the effective date of this section.
(4) Whoever violates divisions (1) or (2) of this subsection 618.18(n) [divisions (A) or (B) of Ohio Revised Code Section 955.54] is guilty of a misdemeanor of the first degree.
(Ord. 2012-078. Passed 6-4-12.)