505.14 NUISANCE, DANGEROUS AND VICIOUS DOG DEFINITIONS.
The Ohio Revised Code has placed specific requirements and or regulations regarding the definitions of, and the harboring of “nuisance” “dangerous” and/or “vicious” animals. Harborers of such animals within the Municipality shall do so in accordance with the Ohio Revised Code. Further definitions of dangerous and vicious dogs within the City of Whitehall as they pertain to actionable offenses, not specific to breed, are as follows:
As used in this chapter:
(a) (1) "Dangerous dog" means a dog that, without provocation and subject to subsection (a)(2) hereof, has caused injury, other than killing or seriously injury, to any person or killed another dog, or been the subject of a third or subsequent violation of Section 955.22(c) of the Ohio Revised Code.
(2) "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, or any cat, other dog, livestock, poultry, other domestic animal or other animal, that is the property of another person, while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(3) “Nuisance dog” means any dog that without provocation has approached a person in a menacing fashion or in apparent attitude of attack while off of the property of the owner, keeper or harborer.
(b) "Menacing fashion" means that a dog would cause any person being chased or approached to believe that the dog will cause physical injury to that person.
(c) "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.
(d) (1) “Vicious dog" means a dog that, without provocation, and subject to subsection (d)(2) hereof, has done either of the following:
A. Killed or caused serious injury to any person while on or off the property of the owner, keeper or harborer.
(2) "Vicious dog" does not include either of the following:
A. 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, or has killed any cat, other dog, livestock, poultry, other domestic animal or other animal, that is the property of another person, while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; or
B. A 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, or has killed any cat, other dog, livestock, poultry, other domestic animal or other animal, that is the property of another 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.
C. A dog that has killed or caused serious injury to another animal (domesticated or not) while such animal was trespassing on the property of the owner, keeper or harborer of the dog.
D. A dog that has killed or caused serious injury to another animal at large, not under the control of its owner/harborer, on public property.
(e) “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 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. 48-2013. Passed 8-20-13.)