(A) (1) Whoever violates division (E) of section 1706.011 of the Municipal Code because of a failure to comply with division (B) of that section is guilty of a minor misdemeanor.
(2) Whoever violates division (E) of section 1706.011 of the Municipal Code because of a failure to comply with division (C) or (D) 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.
(C) Whoever violates section 1706.06 of the Municipal Code is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(D) (1) Whoever violates section 1706.02 of the Municipal Code that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog shall be fined not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars or more than two hundred fifty dollars and may be imprisoned for not more than thirty days.
(2) In addition to the penalties prescribed in division (E)(1) of this section, if the offender is guilty of a violation of division (B) of section 1706.02 of the Municipal Code or a violation of division (C) of section 1706.02 of the Municipal Code 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.
(E) (1) Whoever commits a violation of division (C) of section 1706.02 of the Municipal Code 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 1706.02 of this Chapter involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
(2) In addition to the penalties prescribed in division (F)(1) of this section, if a violation of division (C) of section 1706.02 of this Chapter involves a nuisance dog, the 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.
(F) Whoever commits a violation of division (C) of section 1706.02 of the Municipal Code 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 1706.02 of the Municipal Code. The court, in the alternative, 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. With respect to a violation of division (C) of section 1706.02 of the Municipal Code 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 dog warden, the dog shall be confined or restrained in accordance with division (D) of section 1706.02 of the Municipal Code or at the county dog pound at the owner's expense.
(G) (1) Whoever commits a violation of division (C) of section 1706.02 of the Municipal Code that involves a vicious dog is guilty of a misdemeanor of the first degree 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 county dog warden, the county humane society at the owner's expense. If the dog kills a person, the owner shall be charged under State law.
(2) If the court does not order the vicious dog to be destroyed under division (F) of this section, the court shall issue an order that specifies that division (D) of section 1706.02 and divisions (D) to (E) of section 1706.02 of the Municipal Code apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog 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 1706.02 of the Municipal Code in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars. Until the court makes a final determination and during the pendency of any appeal of a violation of division (C) of section 1706.02 of the Municipal Code and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the Municipal Code or at the county dog pound at the owner's expense.
(H) Whoever violates division (E)(2) of section 1706.02 of the Municipal Code is guilty of a misdemeanor of the fourth degree.
(I) Whoever violates division (E)(1), (3), or (4) of section 1706.02 of the Municipal Code is guilty of a minor misdemeanor.
(J) Whoever violates division (A) or (B) of section 1706.07 of the Municipal Code is guilty of a misdemeanor of the first degree.
(K) (1) If a dog is confined at the county dog pound pursuant to this section, the county dog warden shall give written notice of the confinement to the owner of the dog. If the county dog warden is unable to give the notice to the owner of the dog, the county dog 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 is due to the county dog 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 dog pound in caring for the dog pending the determination. The county dog 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 (K)(1) of this section does not do so within ten days of the confinement of the animal, the dog is forfeited, and the county dog 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 (F), (G), or (H) of this section, the county dog warden shall provide the owner of the dog with the actual cost of the confinement of the dog. If the county dog warden finds that the security provided under division (K)(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 county dog warden finds that the security provided under division (K)(1) of this section is greater than that actual cost, the county dog warden shall remit the difference between the security provided and the actual cost to the owner within thirty days after the court's determination.
(L) As used in this section, "nuisance dog," "dangerous dog," and "vicious dog" have the same meanings as in section 1706.011 of the Municipal Code.
(Ord. 234-13. Passed 5-14-13.)