(a) “Annoyance dog” means a dog that has been the subject of a second or subsequent violation of subsection (j) or (k) hereof.
(b) “Dangerous dog” means a dog that, without provocation, has done any of the following:
(1) Caused injury, other than killing or serious injury to any person;
(2) Killed another dog;
(3) While off the premises of its owner, keeper or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
(4) Been the subject of a subsequent violation of any section of 505.01
after being deemed a vicious dog.
(5) “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.
(c) “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.
(d) “Injury” means any tear or breaking of an individual’s flesh as a result of a hostile contact by a dog.
(e) “Serious injury” means any of the following;
(1) Any physical harm that carries a substantial risk of death;
(2) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
(3) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
(4) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(f) “Vicious dog” means a dog that, without provocation, has done any of the following;
(1) Has caused serious injury to any person.
(2) Has killed a person.
(3) “Vicious dog” does not include either of the following:
A. A police dog that has killed or caused 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, keeper or harborer of the dog.
(g) “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.
(h) Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of an annoyance, dangerous or vicious dog shall:
(1) Register the dog with the Police Department annually, between January 2 and January 20, and within 30 days when the dog is obtained;
(2) Provide proof of current registration of the dog with the County Auditor.
(3) Provide proof of current rabies vaccination records.
(4) Notify the Police Department within seventy-two hours if the dog has died or has been sold or donated, and provide the Police Department with the name, address, and telephone number of the new owner.
(i) Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dangerous or vicious dog shall also:
(1) At the time of registration, provide an Accord Certificate of Liability Insurance or similar form naming the City as the certificate holder in the amount not less than three hundred thousand dollars ($300,000).
(2) Pay an annual registration fee of twenty-five dollars ($25.00) to cover the administrative expenses associated herewith.
(3) Have their dog spayed or neutered.
(4) Upon moving into the City of Wauseon register their dog within thirty days and have the dog spayed or neutered within thirty days.
(j) 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.
(k) No owner, keeper or harborer of any dog shall fail at any time to do the following:
(1) Keep the dog either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, secure enclosure or supervision so as to prevent escape, or
(2) Have the dog under the reasonable control of some person.
(l) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do any 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 locked pen which has a top, locked fenced yard, or other locked enclosure which 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 the dog is off the premises of the owner, keeper or harborer, keep it on a chain link leash or tether that is no more than six feet in length and, in addition, do at least one of the following:
A. Keep the dog in a locked pen which has a top, locked fenced yard, or other locked enclosure which 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 in such a manner that the dog is restrained and station the individual aforesaid in such proximity to that dog so as to prevent the dog from causing injury to any person;
C. Muzzle the dog.
(m) Whoever violates subsection (h), (j) or (k) hereof shall be guilty of a minor misdemeanor and may be fined not more than one hundred dollars ($100.00) for each offense.
(n) Whoever violates subsection (i) hereof shall be guilty of a misdemeanor of the third degree and may be fined not more than five hundred dollars ($500.00) and may be incarcerated for a period of time not to exceed sixty days. Each and every day during such period of noncompliance with this section shall be deemed a separate offense.
(o) Whoever violates subsection (l) hereof shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars($500.00) nor more than one thousand dollars ($1,000) and may be incarcerated for a period of up to six months.
(p) In the event an owner, keeper or harborer of any dangerous or vicious dog has violated any of the requirements set forth in subsection (l) hereof and provided further that such vicious dog has caused serious injury or death to any individual, the Court shall order, in addition to any other penalties, that the dog be removed from the City of Wauseon within ten days of the date of conviction, or three days after completion of any quarantine period ordered by any agency, whichever is greater, and that the dog be humanely destroyed by a licensed veterinarian, the county dog warden or the county humane society at the owner, keeper or harborer’s expense.
(q) The Court shall order, in addition to any other penalties set forth herein, the owner, keeper or harborer of any dog, who, while off the premises, causes injury (other than serious injury or death) to any individual, to enroll such dog in a dog obedience training school within seven days of conviction of any offense under this section. If the owner, keeper or harborer fails to enroll such dog in a dog obedience training school within the prescribed time limit or fails to complete the dog obedience training within any time limit set by the Court, the dog shall be humanely destroyed by a licensed veterinarian, the county dog warden or the county humane society at the owner, keeper or harborer’s expense.
(r) The Chief of Police is hereby directed to prepare a registration form consistent with the provisions of Section 505.01
et seq.
(Ord. 2015-5. Passed 4-20-15.)