(a) Definitions. As used in this chapter, certain terms are defined as follows:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to division (1)B. of this section, has:
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 505.22 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 a law enforcement officer in the performance of his 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.
(3) A. Subject to division (a)(3)B. this of section, “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.
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.
(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 division (a)(6)B. of this section, has killed or caused injury to any person.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused injury to any person while the police dog is being used to assist a law enforcement officer in the performance of his official duties;
2. A dog that has caused injury or serious injury to any person while a person was committing or attempting to commit a criminal trespass or 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) Transfer of Ownership Certificate. Upon the transfer of ownership of any dog, the seller or other transferor of the dog shall give the buyer a transfer of ownership certificate that shall:
(1) Be signed by the seller, contain the registration number of the dog pursuant to Section 505.22 of these Codified Ordinances, the name of the seller, the name and address of the buyer and a brief description of the dog, including age, sex, color, breed, etc.
(2) Upon the buyer’s or other transferee’s request, contain written notice relative to the behavior and propensities of the dog.
(3) If the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, contain the following information:
A. The name and address of the buyer or other transferee of the dog;
B. The age, sex, color, breed, and current registration number of the dog; and
C. The answers to the following questions printed on the certificate:
1. "Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
2. "Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
3. "Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
Blank forms of the certificate may be obtained from the County Fiscal Officer. A transfer of ownership shall be recorded by the 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 of five dollars ($5.00). Where the dog is a dangerous or vicious dog, the Fiscal Officer shall send a copy of the certificate to Summit Public Health.
(4) No seller or other transferor of a dog shall fail to comply with the applicable requirements of division (b)(1) to (3) of this section.
(Ord. 88-360. Adopted 7-7-88; Ord. 2012-285. Adopted 8-27-12.)