(a) Whoever violates division (b)(4) of Section 505.21 of this chapter because of a failure to comply with division (b)(1) of that section is guilty of a minor misdemeanor.
(b) Whoever violates division (b)(4) of Section 505.21 of this chapter because of a failure to comply with division (b)(2) or (b)(3) of that section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(d) Whoever violates Section 505.13 of this chapter is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(e) Any owner, keeper or harborer of a dog more than three months of age or owner of a dog kennel that fails to file the application for registration required by Section 505.52 and 505.56 of this chapter or to pay the applicable fees 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.
(f) (1) Whoever violates division (b) of Section 505.22 of this chapter or commits a violation of division (c) of Section 505.22 of this chapter 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.
(2) In addition to the penalties prescribed in division (f)(1) of this section, if the offender is guilty of a violation of division (b) of Section 505.22 of this chapter or a violation of division (c) of Section 505.22 of this chapter that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, 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.
(g) (1) Whoever commits a violation of division (c) of Section 505.22 of this chapter 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 (c) of Section 505.22 of this chapter involving any dog, upon an order of the municipal court, the offender shall be required to register the involved dog as a dangerous dog.
(2) In addition to the penalties prescribed in division (g)(1) of this section, if a violation of division (c) of Section 505.22 of this chapter involves a nuisance dog, the municipal court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(h) Whoever commits a violation of division (c) of Section 505.22 of this chapter that involves a dangerous dog or a violation of division (d) of that section 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 division (e) of Section 505.22 of this chapter. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Animal Warden, or the Greater Akron Humane Society at the owner's expense. With respect to a violation of division (c) of Section 505.22 of this chapter 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 Animal Warden, the dog shall be confined or restrained in accordance with division (d) of Section 505.22 of this chapter or at the County’s Animal Control Facility at the owner's expense.
(i) (1) Whoever commits a violation of division (c) of Section 505.22 of this chapter that involves a vicious dog is guilty of one of the following:
A. A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Additionally, upon an order of the court, the vicious dog shall be humanely destroyed by a licensed veterinarian, the Animal Warden, or the Greater Akron Humane Society at the owner's expense.
B. A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Animal Warden, or the Greater Akron Humane Society at the owner’s expense.
(2) If the court does not order the vicious dog to be destroyed under division (i)(1)B. of this section, the court shall issue an order that specifies that division (b)(3) of Section 505.21 and divisions (d) to (i) of Section 505.22 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 that Section 955.54 of the Ohio Revised Code, which sets forth dog-related prohibitions, requirements and exemptions concerning certain offenders, applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under division (e)(1) of Section 505.22 of this chapter in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars ($100,000). Until the court makes a final determination and during the pendency of any appeal of a violation of division (c) of Section 505.22 of this chapter and at the discretion of the Animal Warden, the dog shall be confined or restrained in accordance with the provisions described in division (d) of Section 505.22 of this chapter or at the County’s Animal Control Facility at the owner's expense.
(j) Whoever violates division (e)(2) of Section 505.22 of this chapter is guilty of a misdemeanor of the fourth degree.
(k) Whoever violates division (f)(1), (2), or (3) of Section 505.22 of this chapter 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 Animal Warden, or the Greater Akron Human 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 505.22 of this chapter and at the discretion of the Animal Warden, the dog shall be confined or restrained in accordance with the provisions of division (d) of Section 505.22 of this chapter or at the County Animal Control Facility at the owner's expense.
(l) Whoever violates division (e)(1), (3), or (4) of Section 505.22 of this chapter is guilty of a minor misdemeanor.
(m) Whoever violates division (i)(4) of Section 505.22 of this chapter is guilty of a minor misdemeanor.
(n) Whoever violates division (a) or (b) of Section 505.24 of this chapter is guilty of a minor misdemeanor.
(o) (1) If a dog is confined at the County Animal Control Facility pursuant to division (h), (i), or (k) of this section, the Animal Warden shall give written notice of the confinement to the owner of the dog. If the Animal Warden is unable to give the notice to the owner of the dog, the Animal Warden shall post the notice on the door of the residence of the owner of the dog or in another conspicuous place on the premises at which the dog was seized. The notice shall include a statement that a security in the amount of one hundred dollars ($100.00) is due to the Animal Warden within ten days to secure payment of all reasonable expenses, including medical care and boarding of the dog for sixty days, expected to be incurred by the County Animal Control Facility caring for the dog pending the determination. The Animal Warden may draw from the security any actual costs incurred in caring for the dog.
(2) If the person ordered to post security under division (o)(1) of this section does not do so within ten days of the confinement of the animal, the dog is forfeited, and the Animal Warden may determine the disposition of the dog unless the court issues an order that specifies otherwise.
(3) Not more than ten days after the court makes a final determination under division (h), (i), or (k) of this section, the Animal Warden shall provide the owner of the dog with the actual cost of the confinement of the dog. If the Animal Warden finds that the security provided under division (n)(1) of this section is less than the actual cost of confinement of the dog, the owner shall remit the difference between the security provided and the actual cost to the county dog warden within thirty days after the court's determination. If the Animal Warden finds that the security provided under division (o)(1) of this section is greater than that actual cost, the Animal Warden shall remit the difference between the security provided and the actual cost to the owner within thirty days after the court's determination.
(q) As used in this section, "nuisance dog," "dangerous dog," and "vicious dog" have the same meanings as in Section 505.21 of this chapter.
(Ord. 2012-285. Adopted 8-27-12.)