(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 chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top.
B. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger, any person 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, meets any of the following requirements:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(Ord. 2022-71. Passed 12-12-2022.)
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.
(ORC 955.11(A))
(b) No person who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, dogs, geese or other fowl or animals shall permit them to run at large upon any public way or upon unenclosed land. (ORC 951.02)
(c) 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. (ORC 955.22(B))
(d) (1) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained when it is upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape, or under reasonable control of some person, except when the dog is lawfully engaged in hunting and accompanied by the owner, keeper or harborer or a handler. (ORC 955.22(C))
(2) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained when it is off the premises of the owner, keeper or harborer by a leash, tether, or secure enclosure to prevent escape, except when the dog is lawfully engaged in hunting and accompanied by the owner, keeper or harborer or a handler. (Ord. 2020-30. Passed 11-16-20.)
(e) 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 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, 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 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; and/or
C. Muzzle that dog. (ORC 955.22(D))
(f) 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, 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(E))
(g) 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. (ORC 951.02)
(h) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(ORC 951.99)
(i) Whoever violates any of the provisions of subsection (c) or (d) hereof shall be guilty of a minor misdemeanor and fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for a first offense. For each subsequent offense, such person shall be guilty of a misdemeanor of the fourth degree and fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
(Ord. 2020-30. Passed 11-16-20.)
(j) In addition to the penalties prescribed in subsection (i) hereof, if the offender is guilty of a violation of subsection (c) or (d) hereof, the court may order the offender to personally supervise the dog that the owner owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
(k) If a violation of subsection (e) hereof involves a dangerous dog, whoever violates that subsection 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 and shall be subject to the penalty provided in Section 698.02. 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 subsection (f) 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. (ORC 955.99(F))
(l) If a violation of subsection (e) hereof involves a vicious dog, whoever violates that subsection 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 Ohio R.C. 955.22(D) 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 and the penalty shall be as provided in Section 698.02. Prosecution for the felony shall be under Ohio R.C. 955.22(D) 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. The penalty shall be as provided in Section 698.02.
(ORC 955.99(G))
(m) Whoever violates subsection (f) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(ORC 955.99(H))