(A) As used in this section, "dangerous dog" has the same meaning as in section 1706.011 of the Toledo Municipal Code.
(B) No owner, keeper, or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog is in heat unless the dog is properly in leash.
(C) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:
(1) Keep the dog 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 dog under the reasonable control of some person.
(D) Except when a dangerous dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
(2) While that dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
(a) Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
(b) Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
(c) Muzzle that dog.
(E) No person who has been convicted of or pleaded guilty to three or more violations of division (C) of this section involving the same dog and no owner, keeper, or harborer of a dangerous dog 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 dog 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;
(2) Obtain a dangerous dog registration certificate from the county auditor pursuant to division (I) of this section, affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
(3) Notify the local dog warden immediately if any of the following occurs:
(a) The dog is loose or unconfined.
(b) The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
(c) The dog attacks another animal while the dog is off the property of the owner of the dog.
(4) If the dog is sold, given to another person, or dies, notify the county auditor within ten days of the sale, transfer, or death.
(F) The following conduct shall be considered to constitute a public nuisance:
(1) Permitting any dog to be running at large. In the event a dog is captured running at large, upon conviction the Court may order the dog(s) spayed or neutered at owner's expense. Additionally, if an unlicensed dog is captured more than once while running at large, the dog may be spayed or neutered, at the owner's expense as a condition of return to the owner and/or keeper. Notwithstanding the foregoing if any owner, keeper or harborer can provide written documentation from a licensed veterinarian that the dog has a condition which would make spaying or neutering dangerous to the dog's health, said condition may be waived;
(2) Permitting a dog to trespass upon property of another;
(3) Failing to comply with requirements of this Chapter or Ohio Revised Code Chapter 955 that apply to the keeping of a dog which has been determined to pose a threat to the public safety;
(4) Permitting a dog in season (estrus) to be accessible to a male dog not in the person's ownership except for intentional breeding purposes;
(5) Permitting any dog unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, or other like sounds which may be heard beyond the boundary of the owner, keeper or harborer's property under conditions wherein the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of fifteen (15) minutes, or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes. It shall be an affirmative defense under this subsection that the animal was intentionally provoked by a party other than the owner to make such noise.
(6) Leaving a dog unattended for more than 24 consecutive hours; or to otherwise abandon.
(7) Depriving a dog of proper facilities or care. Proper shelter must provide protection from the weather and be maintained in a condition to protect the animal from injury;
(8) Physically mistreating any dog either by abuse, neglect, mistreatment or failure to provide necessary sustenance;
(9) Permitting any dog to leave the confines of any quarantine area prescribed in accordance with Revised Code Section 955.26;
(10) Permitting any dog to be tethered while unattended for more than thirty (30) minutes. Each dog shall be tethered separately. No dog shall be tethered outdoors in excess of thirty (30) minutes at any one time unless the dog's owner, keeper or harborer is present in the yard where the dog is tethered. The tether shall be at least five times the length of the dog's body as measured from the tip of the nose to the base of the tail, terminates at each end with a swivel snap, weighs no more than one-eighth of the dog's weight, is free of tangles, prevents strangulation or injury and prevents the dog from being within ten (10) feet from the edge of any public street, alley, sidewalk or other right of way. No dog shall be tethered for any length of time while the owner, keeper or harborer is not present on the premises.
(11) Permitting any dog to be tethered within 500 feet of a school within one hour before commencement of the school day or within one hour of the end of the school day or other times in which children would reasonably be expected to be traveling to and from the school.
(12) Confining a dog in a motor vehicle under any conditions that may endanger the well being of the dog.
(13) Utilizing a dog as a weapon in the commission of any crime, including the use of a dog to intentionally harass, menace or intimidate any person.
(14) Permitting a dog, without provocation, to bite or otherwise inflict serious injury to a person or companion animal.
(G) The Toledo Area Humane Society shall have full and concurrent enforcement authority as to Sections 1706.02(F)(6), (7), (8), (10) and (12).
(Ord. 234-13. Passed 5-14-13.)