(A) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(a) A dog that, without provocation, and subject to division (b) of this definition, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog; or
3. Been the subject of a third or subsequent violation of R.C. § 955.22(C) or any substantially equivalent municipal ordinance.
(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.
MENACING FASHION. Means a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
NUISANCE DOG.
(a) Subject to division (b) of this definition, 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.
POLICE DOG. 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.
SERIOUS INJURY. 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.
VICIOUS DOG.
(a) A dog that, without provocation and subject to division (b) of this definition, 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.
WITHOUT PROVOCATION. A dog acts without provocation when it was not teased, tormented, or abused by a person, or it 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.
(R.C. § 955.11(A))
(B) Harboring vicious dogs prohibited.
(1) No person shall own, keep or harbor any dog that exhibits a vicious or harmful disposition towards persons or property. It shall be prima facie evidence of such disposition if any dog has caused physical harm to any person or has damaged or destroyed the property of the person other than the owner. It shall also be prima facie evidence of such disposition if any dog has caused any person on two or more occasions to reasonably believe that such dog would cause physical harm to that person or to a member of that person's immediate family.
(2) For the purposes of this division (B),
HARBOR means to afford lodging to, to shelter, to give refuge to, to regularly exercise dominion and control, or to regularly feed such animal.
(3) Whoever violates this section if guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. It shall be the discretion of the court to grant any person who is found guilty of violating this section on the first offense a reasonable time, not to exceed 30 days from the date of conviction, to remove such animal from the village. Thereafter, each day that such animal is kept or harbored by such person shall constitute a separate offense. Such period of time for the removal of such animal from the village shall not prevent a person from violating this section and being charged as a second offender if such animal engages in further acts held to be prima facie evidence of a vicious or harmful disposition as set forth in division (B)(1) of this section.
(`96 General Offenses Code, § 505.14) (Ord. 14-1978, passed 7-11-78)