(a) Wherefore, Chapter 618: Animals of the Codified Ordinances of the Village of Timberlake is hereby amended and shall read as follows:
618.01 DETERMINATION OF DANGEROUS OR VICIOUS ANIMALS
(a) Upon notice of complaint received by the Police Department of the presence of an allegedly dangerous or vicious animal within the Village, the Police Department shall promptly investigate such matter and inspect or cause an inspection to be made of the premises on which it is alleged that such animal is kept.
(b) "Dangerous animal":
(1) Means an animal that, without provocation, and subject to subsection (b)(2) hereof has done any of the following:
A. Caused injury, other than killing or serious injury to, any person;
B. Killed another domestic animal;
C. Been the subject of a third or subsequent violation of Section 618.05 (a).
(2) "Dangerous animal" 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 duties.
(c) "Vicious animal":
(1) Means an animal that, without provocation and subject to subsection (c)(2) hereof, has killed or caused serious injury to any person.
(2) "Vicious animal" does not include either of the following:
A. 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;
B. A dog that has killed or caused serious injury to another 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.
(d) Police dogs are exempt from these provisions for all actions occurring in the course of their duties.
618.02 RESTRAINT OF DANGEROUS OR VICIOUS ANIMALS.
(a) No owner of a dangerous or vicious animal shall fail to do one of the following:
(1) Keep the animal inside the owner's home;
(2) Keep the animal in a locked enclosure at least five feet by ten feet which has a secure top and sides. If the enclosure has no bottom securely attached to the sides, the sides must be embedded into the ground no less than two feet or it must have a concrete base with the fencing securely attached or anchored to the concrete perimeter to a depth of six inches;
(3) Keep the animal muzzled on a chain-link leash that is not more than six feet in length which is held in the hand of a person who is of suitable age, size and discretion to control the animal and who is outside with the animal.
(b) No owner, keeper or harborer of a dangerous animal shall fail to do the following:
(1) Obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous animal 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 in an amount described in division (H)(2) of Section 955.99 of the Ohio Revised Code;
(2) Obtain a dangerous animal registration certificate from the County Auditor pursuant to Ohio Revised Code 955.22(1), affix a tag that identifies the animal as a dangerous animal to the animal's collar, and ensure that the animal wears the collar and tag at all times;
(3) Notify the local Dog Warden immediately if any of the following occurs:
A. The animal is loose or unconfined;
B. The animal bites a person, unless the animal is on the property of the owner of the animal, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property;
C. The animal attacks another animal while the animal is off the property of the owner of the animal.
(4) If the animal is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer or death.
(c) It is an affirmative defense to a charge of violation of this section that the animal was otherwise kept in a manner in compliance with this Chapter, and that the animal was lawfully engaged in hunting or in training for the purpose of hunting and accompanied by the owner.
(d) Whoever violates this 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 dangerous or vicious animal to be humanely destroyed by a licensed veterinarian, the Dog Warden or the human society at the owner's expense.
618.03 SERIOUS PHYSICAL HARM BY DANGEROUS OR VICIOUS ANIMALS.
(a) No person, being the owner or having the care, custody or control of any dangerous or vicious animal within the Village, whether hunting, training or otherwise, shall allow such animal to cause serious physical harm to any person, except in defense of such owner's person or property.
(b) Lack of intent on the part of such person to allow such animal to injure another, or the lack of knowledge of the violent propensities of such animal, is not a defense to a violation of this Section.
(c) Whoever violates this Section is guilty of a misdemeanor of the first degree.
618.04 JUDICIAL DESIGNATION OF ANIMALS AS NUISANCE, DANGEROUS, OR VICIOUS ANIMALS.
(a) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of an animal shall conduct any hearing concerning the designation of the animal as a nuisance animal, dangerous animal, or vicious animal.
(b) If a person who is authorized to enforce this chapter has reasonable cause to believe that an animal in the person's jurisdiction is a nuisance animal, dangerous animal or vicious animal the person shall notify the owner, keeper, or harborer of that animal, by certified mail or in person, of both of the following:
(1) That the person has designated the animal a nuisance animal, dangerous animal, or vicious animal, as applicable;
(2) That the owner, keeper, or harborer of the animal may request a hearing regarding the designation in accordance with this Section. The notice shall include instructions for filing a request for a hearing in the county in which the animal's owner, keeper or harborer resides.
(c) If the owner, keeper, or harborer of the animal disagrees with the designation of the animal as a nuisance animal, dangerous animal, or vicious animal, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the animal's owner, keeper, or harborer. At the hearing, the person who designated the animal as a nuisance animal, dangerous animal, or vicious animal has the burden of proving, by clear and convincing evidence, that the animal is a nuisance animal, dangerous animal, or vicious animal.
(d) The owner, keeper, or harborer of the animal or the person who designated the animal as a nuisance animal, dangerous animal, or vicious animal may appeal the court's final determination as in any other case filed in that court.
(e) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper or harborer, may order that the animal designated as a nuisance animal, dangerous animal, or vicious animal be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this Section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the animal shall be confined or restrained in accordance with Section 618.02(A) hereof that applies to a dangerous animal regardless of whether the animal has been designated as a vicious animal or a nuisance animal rather than a dangerous animal. The owner, keeper or harborer of the animal shall not be required to comply with any other requirements established in the Village of Timberlake Ordinances that concern a nuisance animal, dangerous animal, or vicious animal, as applicable, until the court makes a final determination and during the pendency of any appeal.
(f) If an animal is finally determined under this Section, or an appeal as described in this Section, to be a vicious animal, Section 618.02 hereof shall apply with respect to the owner, keeper, harborer. As part of the order, the court shall require the owner, keeper, or harborer to obtain liability insurance pursuant to Ohio Revised Code 955.99(H)(2).
As used in this Section, "nuisance dog," "dangerous dog" and "vicious dog" have the same meanings as in Section 618.01 hereof.
618.05 ANIMALS NOT UNDER CONTROL
(a) No owner, keeper, or harborer of any dog or animal, other than felis catus, shall fail at any time to do either of the following:
(1) Keep the animal 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 animal under reasonable control of some person.
(b) The running at large of any such animal in or upon any of the places mentioned in this Section is prima-facie evidence that it is running at large in violation of this Section.
(c) Whoever violates this Section that involves an animal that is not a dangerous animal or vicious animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offence.
(d) Whoever violates this Section that involves a nuisance animal is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense involving the same animal. Upon a person being convicted or of pleading guilty to a third violation of this Section, involving the same animal, the court shall require the offender to register the involved animal as a dangerous animal.
(e) Whoever commits a violation of this Section that involves a dangerous dog, 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 dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(f) Whoever commits a violation of this Section that involves a vicious dog is guilty of one of the following:
(1) A felony of the fourth degree, if the dog kills a person, and shall be prosecuted under appropriate State law. 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 a person. Additionally, the court may order the vicious dog 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 third degree if the dog causes physical injury to a 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.
(4) A misdemeanor of the fourth degree in all other instances on a first offense and of a misdemeanor of the third degree on each subsequent offense. 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.
(g) Any police officer or Animal Warden is authorized to enter private property to capture any animal running at large.
(b) The following Sections of Chapter 618 shall be renumbered as follows:
A. 618.06 Abandoning animals
B. 618.07 Killing or injuring animals
C. 618.08 Poisoning animals
D. 618.09 Cruelty to animals; cruelty to companion animals
E. 618.10 Coloring rabbits and baby poultry; sale or display of poultry
F. 618.11 Barking or howling dogs
G. 618.12 Registration of dogs required
H. 618.13 Hindering capture of unregistered dog
I. 618.14 Dogs required to wear tags
J. 618.15 Unlawful tags
K. 618.16 Rabies quarantine
L. 618.17 Hunting prohibited
M. 618.18 Impounding and disposition; records
Cross-reference:
Assaulting police dog or horse or assistance dog, see § 642.12
Definitions generally, see § 606.01
Driving animals upon roadway, see §§ 404.05, 412.05
Offensive odors from places where animals are kept or fed, see § 660.04
(c) 618.20 REPORTING ESCAPE is hereby renamed as REPORTING ESCAPE OF WILD OR EXOTIC ANIMALS.
(a) The owner or keeper of any wild or exotic animal that escapes from custody or control within one hour after the discovery or the time the escape reasonably should have been discovered shall report the escape to a law enforcement officer of the Village.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 2012-19. Passed 10-16-12.)