505.18 DANGEROUS DOGS.

   (a)   Definitions.

      (1)   "Dangerous dog" as used in this section and subsections means and includes:

         A.   Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

         B.   Any dog which attacks a human being or domestic animal without provocation; or

         C.   Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

         D.   No dog shall be deemed dangerous if it bites, attacks or menances a trespasser on the property of it's owner or harms or menaces anyone who has tormented or abused it.

      (2)   "Person" means any individual, firm, association or corporation.

      (3)   "Domestic animal" means any live vertebrate creature.

   (b)   Prohibitions.

      (1)   No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous 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 such person. Such pen or dog run area must also have secure sides 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 must be imbedded into the ground no less than one foot. Such pen or dog run area must be not closer than six feet from any property line.

      (2)   No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length. Such dog must be accompanied by an adult.

      (3)   No person shall own or harbor any dog for the purpose of fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals.

      (4)   No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any dangerous dog.

      (5)   In the event that the Summit County Animal Warden, or Deputy Warden has probable cause to believe that a dangerous dog is being harbored or cared for in violation of subsections (b)(1) to (4) hereof, the Animal Warden or Deputy Warden may make an investigation of such complaint and if a violation is present, the Animal Warden, or Deputy Warden, may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog, pending trial.

      (6)   In the event a dog has been determined dangerous by a court of competent jurisdiction, the Animal Warden, or Deputy Warden, shall issue a special permit for the keeping or maintenance of a dangerous animal if after inspection and investigation by the Animal Warden, or Deputy Warden, it is found that:

         A.   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.

         B.   Adequate safeguards are made to prevent unauthorized access to such animal by members of the public.

         C.   The health or well being of this animal is not in any way endangered by the manner of keeping or confinement.

         D.   The keeping of such animal does not constitute a nuisance and will not disturb the tranquility of the surrounding neighborhood.

         E.   The keeping of such animal will not create or cause offensive odors or constitute a danger to public health.

         F.   The quarters in which such animal is kept are adequately constructed that they may be kept in a clean and sanitary condition.

         G.   The applicant for such special permit proves his ability to respond in damages in a single limit 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 Summit County Animal Warden 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 Summit County Animal Warden.

         H.   The Summit County Animal Warden, in investigating any applicant for a permit under this section or in the enforcement of this section, is authorized to consult with and seek the advice of the local Police Department, Health Department, Humane Society or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous dogs.

         I.   Every three months, the Summit County Animal Warden shall renew such permit only upon an inspection of the subject premises and a finding that all criteria are met. Should the Animal Warden 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 Summit County Animal Warden shall petition a court of competent jurisdiction for the removal of such dangerous dog.

         J.   A separate permit is required for the keeping of each dangerous dog.

   (c)   Penalty.

      (1)   Whoever violates subsections (a) or (b) hereof shall be guilty of a misdemeanor of the first degree. Whoever is found guilty of second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted, and may be imprisoned for a term not to exceed six months.

      (2)   Any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment, such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals. The Summit County Animal Warden shall be authorized by the court to humanely euthanize such dog.

      (3)   Any person found guilty of violating this section shall pay all expenses including, but not limited to, the following:

         A.   Shelter, food, veterinary expenses necessitated by the seizure of any dog for the protection of the public.

         B.   Medical treatment for persons or domestic animals necessitated by injuries resulting from an attack by such dangerous dog.

         C.   Other expenses as may be required for the destruction of such dog.
(Ord. 161-1986. Passed 11-13-86.)