(a) For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them respectively:
(1) “Animal” means any and all types of animals, both domesticated and wild, male and female, except a human being.
(2) “At-large” means off the premises of the owner.
(3) “Dog” means any member of the canine species, male or female.
(4) “Health Officer” means the Health Commissioner of the Montgomery County Combined General Health District, or his or her duly authorized representative.
(5) “Owner” means any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of an animal.
(6) “Unsecured” means not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.
(7) “Vicious animal” means:
A. Any animal, other than a dog, that bites, or causes physical harm to a human being, animal or feline on one or more occasions; or
B. Any animal, other than a dog, that has a propensity to bite or cause physical harm to a human being, animal, or feline on one or more occasions.
(Ord. 752. Passed 2-24-86.)
(8) “Vicious dog” means:
A. Any dog that, while off the premises of the owner, bites or causes physical harm to a human being, animal, or feline, on one or more occasions; or
B. Any dog that has a propensity to bite or cause physical harm to a human being, animal or feline, on one or more occasions.
1. “Vicious dog” does not include either of the following:
a. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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 any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner of the dog.
(Ord. 1389. Passed 4-24-06.)
(b) No person shall keep, possess, harbor, maintain or have care, custody or control of a vicious animal within the City.
(c) No person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog shall suffer or permit such dog to:
(1) Be at large within the City unless securely attached upon a leash not more than six feet in length held in the hand of a person in a manner which continuously control the dog;
(2) Be unsecured while on the premises of the owner;
(3) Snap at or attempt to bite or attempt to cause physical harm to any other person, animal or feline, while the dog is off the premises of the owner, or while on premises not exclusively controlled by the owner;
(4) Cause physical harm to the property of another while the dog is off the premises of the owner, or while on premises not exclusively controlled by the owner;
(5) Bite or otherwise cause physical harm to any other person, animal or feline. (Ord. 752. Passed 2-24-86.)
(d) No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a vicious dog within the City, except as provided herein:
(1) While that dog is on the premises of the owner, securely confine it all times in a building, in a locked pen which has a concrete base securely attached or anchored to the concrete perimeter with a depth of six inches which has a top on it in a locked, fenced yard or other locked enclosure which has a top.
(2) While that dog is off the premises of the owner, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do all of the following:
A. Have the leash or tether controlled by a person who is of suitable age, physical capability and discretion or securely attach, tie or affix the leash or tether to the ground or 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.
B. Muzzle that dog.
C. No owner of a vicious dog shall keep, own, possess, harbor, maintain, have the care, custody or control of such a dog within the municipal limits of the City of Union when such dog has been banned from the City.
D. No owner of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (ORC 955.22)
(3) Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a vicious dog including but not limited to a pit bull over three months of age shall:
A. Register the dog with the City Police Department on an annual basis between January 2 and January 20 and within four (4) days of newly obtaining the dog or within four (4) days of moving into the City of Union and at the time of registration provide two (2) color photos of the dog and pay an annual registration fee of thirty dollars ($30.00) to cover the City’s administrative expenses. The dog must be re-registered between January 2 and January 20 of each year.
B. Identify the dog by having the dog tattooed at the owner’s expense with a code number provided by the Police Department and provide one color photo of the dog showing the tattoo number after the animal has been tattooed, or if the dog has been tattooed, provide the Police Department with the code number and the photo as provided herein.
C. At the time of registration provide proof of:
1. Liability insurance as required by subsection (d) hereof;
2. Such dog registration as may be required by the State of Ohio and Montgomery County;
3. A valid rabies vaccination certificate.
D. Post on the premises, in a conspicuous place where the dog is kept at least one City-issued warning sign available, upon payment of a fee to the City of twenty-five dollars ($25.00). The sign shall be visible and capable of being read from the public highway or street.
E. Notify the City within 24 hours if the vicious dog has died or has been sold, donated or otherwise transferred, and provide the City with the name, address, and telephone number of the person or entity to which the dog has been transferred.
F. Keep the dog secured at all times by one of the following means:
1. Keep the dog inside the owner’s home;
2. Keep the dog in a locked enclosure which has a top, and has a concrete base with the fencing securely attached or anchored to the concrete perimeter to a depth of six inches;
3. Keep the dog muzzled and 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 a suitable age, physical capability and discretion and is outside with the dog.
G. Ensure that the dog is not unconfined on the premises of another or at large with the City.
(Ord. 1389. Passed 4-24-06.)
(e) It shall be an affirmative defense to a violation of this section that the dog was:
(1) Securely confined in an automobile or cage which was adequately ventilated while off the premises of the owner;
(2) Being used for lawful hunting purposes;
(3) Being exhibited at a public dog show, zoo, museum, or public institution;
(4) Engaged in any activity expressly approved by the laws of the State;
(f) Unless lawfully operating a kennel, or otherwise permitted by law, no person shall keep, own, possess, harbor, maintain, have the care, custody, or control of more than two (2) vicious dogs over three months of age within the Municipal limits of the City of Union. (Ord. 1389. Passed 4-24-06.)
(g) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.
(h) Lack of intent or knowledge is not a defense to a violation of this section.
(i) Any person who violates:
(1) Subsections (b), (c)(1), (c)(2), (c)(3), (d) or (k) hereof shall be guilty of a minor misdemeanor;
(2) Subsections (c)(4) or (c)(5) hereof shall be guilty of a misdemeanor of the fourth degree; (Ord. 752. Passed 2-24-86.)
(3) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree, punishable by a fine not to exceed one thousand dollars ($1,000) and six months in jail. Additionally the court may order the vicious dog to be permanently removed from the municipal limits of the City or humanely destroyed by a licensed veterinarian of the Montgomery County Animal Shelter. (Ord. 1389. Passed 4-24-06.)
(4) Any fine imposed pursuant to this subsection may be suspended upon proof that the animal involved has been humanely destroyed by the Montgomery County Animal Shelter, Humane Society or a veterinarian.
(j) Each calendar day that any violation of this section is repeated or continued shall constitute a separate offense.
(k) Every owner who removes a vicious animal from the City pursuant to this section shall notify the Health Officer and the City Manager of the City of the location of such animal within thirty days of such removal.
(Ord. 752. Passed 2-24-86.)