(a) As used in this section:
(1) “Dangerous dog” is defined as follows:
A. “Dangerous dog” means a dog that, without provocation, and subject to paragraph (a)(1)B. hereof, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
3. Been the subject of a third or subsequent violation of division (C) of R.C. § 955.22.
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.
(2) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) “Police dog” means 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.
(4) “Vicious dog” is defined as follows:
A. “Vicious dog” means a dog that, without provocation, and subject to paragraph (a)(4)B. hereof, 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 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; or
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.
(5) “Without provocation” means that a dog was not teased, tormented or abused by a person, or that the dog 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.
(Ord. 2024-80. Passed 10-21-2024.)
(b) Except when a dangerous or vicious 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 or vicious dog shall fail to do either of the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(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 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.
(c) No owner, keeper or harborer 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, exclusively of interest and costs, of not less than one hundred thousand dollars, ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.
(Ord. 2001-50. Passed 6-18-2001.)
(d) If a violation of division (b) hereof involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the first degree. The court may order the offender to personally supervise the dangerous dog that he or she 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 (c) hereof. 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.
(Ord. 2001-50. Passed 6-18-2001; Ord. 2001-69. Passed 9-4-2001; Ord. 2024-80. Passed 10-21-2024.)
(e) If a violation of division (b) hereof involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Prosecution shall be made under R.C. Chapter 955 and the penalty shall be as provided in Ohio R. C. 2929.11. 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.
(2) A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense. Prosecution for the misdemeanor shall be under this section. Prosecution for the felony shall be under R.C. Chapter 955 and the penalty shall be as provided in Ohio R.C. 2929.11. 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.
(3) A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to any person.
(f) Whoever violates division (c) hereof is guilty of a misdemeanor of the first degree.
(1982 Code, § 505.25) (Ord. 2001-50. Passed 6-18-2001; Ord. 2024-80. Passed 10-21-2024.)