(A) Whenever a dog has bitten, attempted to bite, broken the skin or otherwise injured any person(s) or other animal(s) without provocation, any law enforcement officer, animal control officer or dog warden shall investigate the dog’s alleged behavior, and if said law enforcement officer, animal control officer or dog warden finds such dog has done any of the acts alleged, said law enforcement officer, animal control officer or dog warden is authorized to declare the dog a vicious dog. If the law enforcement officer, animal control officer or dog warden declares the dog a vicious dog said law enforcement officer, animal control officer or dog warden shall deliver in writing to the owner or custodian of such dog written notice of such declaration and the law enforcement officer, animal control officer or dog warden may take the dog into custody and impound the dog until all of the following are satisfied:
(1) The owner of the dog shall erect a totally enclosed dog run of metal post and chain link fence construction. Said dog run shall be maintained in a sturdy state that prevents the escape of the vicious dog. Any person who fails to maintain the dog run in a sturdy state of repair shall be guilty of failure to maintain a vicious dog run, a misdemeanor of the fourth degree.
(2) The owner shall post and keep posted in conspicuous view upon the premises where such dog is kept under restraint a notice in letters not less than two inches in height which shall contain the words: “Beware of Vicious Dog”. Any person who fails to maintain a “Beware of Vicious Dog” sign or who fails to maintain the conspicuous posting of said sign shall be guilty of failure to maintain a vicious dog posting, a minor misdemeanor.
(3) Proof of insurance or ability to respond in damages to and including the amount of $100,000 worth of coverage for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by providing a certificate of insurance issued by a solvent corporation holding certificate of authority to do insurance business in the State of Ohio, or a bond from a responsible and solvent corporation authorized to issue bonds under the laws of the State of Ohio. So long as the vicious dog is impounded by the owner, said certificate of insurance or bond shall be subject to periodic inspection upon demand. Any person who fails to maintain a certificate of insurance or bond shall be guilty of failure to maintain a vicious dog certificate of insurance or bond, a misdemeanor of the fourth degree.
(4) The dog shall be spayed or neutered. Any person who fails to spay or neuter a vicious dog shall be guilty of failure to spay or neuter a vicious dog, a misdemeanor of the fourth degree.
(B) In the event that such owner of a dog that is declared to be vicious fails to meet any requirements of this section within a reasonable time, such dog may be destroyed. REASONABLE TIME shall be construed to mean, for the purposes of this section, at least three days, but not more than seven days.
(C) The owner of any dog declared vicious may appeal said declaration to the Municipal Court. In the event that the Municipal Court upholds the declaration of the dog as vicious, the Municipal Court may order, but is not limited to the following:
(1) That requirements be imposed in keeping with the provisions of this section.
(2) That the dog be destroyed.
(3) That the cost of boarding the dog during its impoundment be paid by the owner of the vicious dog.
(Ord. 59-2004, passed 12-6-04; Am. Ord. 17-2014, passed 7-23-14)