(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection (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 indoors or otherwise in a locked area described within subsection (b)(1) hereof.
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) A. “Vicious dog” means a dog that, subject to subsection (a)(4)B. hereof, meets any of the following:
1. Has, without provocation, killed or caused serious injury to any person;
2. Has, without provocation, caused injury, other than killing or serious injury, to any person;
3. Has, without provocation, killed, maimed, or caused serious injury to, another dog or other domestic animal;
4. Is owned, kept or harbored, primarily or in part, for the purpose of dog fighting;
5. Has been trained for dog fighting;
6. Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.
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;
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.
(b) 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 indoors or in a locked pen, locked dog run area, locked fenced yard, or other locked enclosure. Any such locked pen, locked dog run area, locked fenced yard or other enclosure must have sides six feet high or a top, and must have its sides imbedded into the ground no less than one foot should there be no bottom secured to the sides. In the alternative, however, a dangerous dog may 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 securely confined or restrained in accordance with subsection (b)(1) hereof.
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.
(c) With respect to each such vicious dog, no owner, keeper or harborer of a vicious dog(s) shall fail to obtain and maintain 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(s). Such person shall produce evidence of such insurance upon the request of a person authorized to enforce this section.
(d) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a vicious dog;
(2) Possess a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under subsection (e) hereof that the person’s dog is not a vicious dog or otherwise provide false information on that written waiver form.
(e) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog. The written waiver form shall include all of the following:
(1) The veterinarian’s license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner’s dog is not a vicious dog;
(5) A statement that Ohio R.C. 955.22(F) and this section prohibit any person from doing any of the following:
A. Debarking or surgically silencing a dog that the person knows or has reason to believe is a vicious dog;
B. Possessing a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attesting on a waiver form provided by the veterinarian under Ohio R.C. 955.22(G) and this section that the persons’ dog is not a vicious dog or otherwise provide false information on that written waiver form.
(f) It is an affirmative defense to a charge of violation of subsection (d) hereof that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with subsection (e) hereof and that attests that the dog is not a vicious dog.
(g) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals.
(h) No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy within the City any vicious dog.
(i) Every person who owns, keeps or harbors within the City a vicious dog more than three months of age, shall file, on or after the first day of the preceding December but before the thirty-first day of January of each year, with the Warren City Health Department, an application for registration of a vicious dog for the following year, beginning with the thirty-first day of January of that year. The application shall state the age, sex, color, character of hair, whether short or long, and breed, if known, of the dog and the name, address and telephone number of the owner of the dog. A registration fee of forty-five dollars ($45.00) for each dog shall accompany the application.
The Warren City Health Department shall issue to every person making application for the registration of a vicious dog and paying the required fee therefor a certificate of registration and a collar of distinction for each dog so registered, and a placard identifying the premises upon which the vicious dog is kept or harbored as such a place. Each year the collar shall be a color distinctive from that of the previous year. If a collar or placard is lost, a duplicate shall be furnished by the Warren City Health Department upon proof of loss and the payment of a fee equal to the then actual cost to the Department of each duplicate tag or placard issued.
After the thirty-first day of January of any year, every person, immediately upon becoming the owner, keeper or harborer within the City of a vicious dog more than three months of age or brought from outside of the City during any year, shall file like application, with fee, as required above for registration for the current year. Certificates of registration, registration tags and placards shall be valid only during the calendar year in which they are issued, and during the first thirty-one days of the following calendar year.
No owner of a vicious dog shall fail to require the dog to wear, at all times, a valid collar issued in connection with a certificate of registration. No owner of a vicious dog shall fail to prominently display the placard upon the premises where the vicious dog is kept or harbored.
Any registration provided for within this subsection (i) hereof shall be, and is, in addition to any other registration provided for by law or ordinance.
Notwithstanding anything to the contrary in this section, however, any person making application for registration per this subsection (i) hereof who has been convicted at any time during the five years preceding such application of a violation of any ordinance, statute, law, rule or regulation relative to dangerous or vicious dogs, shall not be qualified for, and shall not be granted, any registration provided for per this subsection (i) hereof. Thus, no such person shall own, keep or harbor within the City a vicious dog required to be registered per this subsection (i) hereof.
(j) In the event that the Animal Warden, Dog Catcher or other law enforcement agent has probable cause to believe that a vicious dog is being harbored or cared for in violation of subsections (b)(1), (c), (d), (e), (g), (h) and (i) hereof, the Animal Warden, Dog Catcher, or other law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial. In the event that the Animal Warden, Dog Catcher or other law enforcement agent has probable cause to believe that a vicious dog is being harbored or housed in violation of subsection (b)(2) hereof, the Animal Warden, Dog Catcher or other law enforcement agent may seize and impound the vicious dog pending trial.
(k) Penalty.
(1) Whoever violates this section is guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section is guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000) which fine is mandatory and shall not be suspended or remitted.
(2) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the court’s judgment such dangerous or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.
(3) Whoever violates this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public for no longer than thirty days, and such other expenses as may be required for the destruction of any such dog.
(l) Notwithstanding anything to the contrary in this section, if a person who is authorized to enforce this section has reasonable cause to believe that this section is being violated, that person shall, before filing any charges for violation of this section and before pursuing any other remedies or relief available for violation of this section, notify the owner, keeper or harborer of the dog in question, by certified mail or in writing in person, of both of the following:
(1) That the person has designated such dog as a dangerous dog or a vicious dog, as applicable, and that a charge(s) will be filed for violation of this section.
(2) That the owner, keeper or harborer of such dog may request a hearing relative to such designation in accordance with this section. The notice shall include instructions for filing such a request for a hearing.
If the owner, keeper or harborer of the dog refutes its designation as a dangerous or vicious dog, as applicable, the owner, keeper or harborer, not later than ten days after receiving the notice of the designation of a dangerous or vicious dog, may request a hearing before the Warren City Board of Health regarding said determination. For purposes of this section, the Warren City Board of Health (hereinafter in this section referred to as “the Board”) shall conduct any hearing regarding the designation of a dangerous or vicious dog. The request for a hearing shall be in writing and shall be filed with the Board at the office of the Deputy Health Commissioner. If such a request is timely filed with the Board, the Board, not later than five days after the filing of the request with it, shall set the date and time for a hearing on the request and shall give notification of the same, by certified mail or in writing in person, to the owner, keeper or harborer of the dog and the person who designated the dog as dangerous or vicious. The date of the hearing shall be not more than thirty days after the request is filed with the Board.
At a hearing conducted by the Board, the owner, keeper or harborer of the dog, and the person who designated the dog as dangerous or vicious, may bring witnesses and submit information to support or refute the dog’s designation. Before, during or after the hearing, the Board may employ, for resource purposes, the services of a person or persons experienced and knowledgeable concerning canines and canine behavior. After the hearing, the Board shall make a final determination on whether the dog is a dangerous or vicious dog, as applicable. The Board shall then give notification of its determination, by certified mail, to the owner, keeper or harborer of the dog and the person who designated the dog as dangerous or vicious.
The owner, keeper or harborer of the dog, or the person who designated the dog as dangerous or vicious, may appeal the Board’s determination to an appropriate court in accordance with law.
The Board, upon written motion of an owner, keeper, harborer or an attorney at law representing one of same, may order that the dog in question be held in the possession of the owner, keeper or harborer until the Board makes its final determination per this section. Until the Board makes a final determination, and during the pendency of the matter before the Board, the dog shall be confined or restrained in accordance with the provisions of subsection (b) hereof regardless of whether the dog has been designated as a vicious dog rather than a dangerous dog. The owner, keeper or harborer of the dog shall neither be prosecuted for any violation of this section nor be required to comply with any other requirements established within this section that concern a dangerous dog or a vicious dog, as applicable, until the Board makes a final determination and during the pendency of the matter before the Board.
(Ord. 11964/06. Passed 5-24-06.)