505.15 KEEPING AND HARBORING DANGEROUS AND VICIOUS DOGS.

   (a)    No owner, keeper or harborer of a declared “dangerous dog” shall fail to do any 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 which has a top, or locked fenced yard six (6) feet in height in accordance with Section 1125.06 of the City of Whitehall Zoning Code. The confinement must conspicuously display a dangerous dog sign. The confinement must be secure and humane while in all instances confining the dog and preventing escape, protecting the public from unauthorized contact with the dog, preventing entry of young children, and protecting the dog from the elements.

      (2)   While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether with a fixed length that is not more than four feet in length (in accordance with Section 505.21 ) and additionally do at least one of the following:

         A.   Keep that dog in a locked pen, locked fenced yard or other locked enclosure six (6) feet in height in accordance with Section 1125.06 of the City of Whitehall Zoning Code.

         B.   Have the leash or tether controlled by a person who is at least eighteen (18) years of age and physically capable of controlling the dog or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture as a temporary measure, and station such person in close enough proximity so as to prevent the dog from causing injury to any person or any cat, other dog, livestock, poultry, other domestic animal or other animal that is the property of another person; or

         C.   Muzzle that dog in accordance with the specifications regarding muzzling in Section 505.21( d).

   (b)   No owner, keeper or harborer of a declared “vicious dog” shall fail to do any 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 which has a top, or locked fenced yard six (6) feet in height in accordance with Section 1125.06 of the City of Whitehall Zoning Code. The confinement must conspicuously display a vicious dog sign. The confinement must be secure and humane while in all instances confining the dog and preventing escape, protecting the public from unauthorized contact with the dog, preventing entry of young children, and protecting the dog from the elements.

      (2)   While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether with a fixed length that is not more than four feet in length (in accordance with Section 505.21 ) and additionally do at least one of the following:

         A.   Keep that dog in a locked pen, locked fenced yard six (6) feet in height in accordance with Section 1125.06 of the City of Whitehall Zoning Code or other locked enclosure.

         B.   Have the leash or tether controlled by a person who is at least eighteen (18) years of age and physically capable of controlling the dog or securely attached, tie or affix the leash or tether to the ground or stationary object or fixture as a temporary measure, and station such person in close enough proximity so as to prevent the dog from causing injury to any person or any cat, other dog, livestock, poultry, other domestic animal or other animal that is the property of another person; or

         C.   Muzzle that dog in accordance with the specifications regarding muzzling in Section 505.21 (d); and

         D.   When the dog is in a vehicle or is being transported in an open bed truck, or other conveyance, it shall be confined in a locked crate or cage which is constructed of material of sufficient strength to prevent escape and posted with a sign stating “Vicious Dog” by both symbol and words, Section 505.15 (b)(1), and constructed so that a child cannot penetrate the barricade with his hand.

      (3)   No owner, keeper or harborer of a declared “vicious dog”, as that term is defined in this section and as determined to be so in accordance with this section, 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.

      (4)   All dogs declared to be a “vicious dog” by the Dangerous and Vicious Dog Appeal Board under Section 505.15 (c), shall be identified by inserting a micro chip between the top of the dog’s shoulder blades at the wither, by a individual licensed to practice veterinary medicine in the State of Ohio. The micro chip shall include a number which will identify this specific dog apart from any other dog. The Whitehall Division of Police shall maintain a roster of dogs declared to be a “vicious dog”, which shall include the identifying number on the microchip.

      (5)   The owner, harborer, or keeper of a dog declared to be a “vicious dog”,after the process set forth in Section 505.15 (c) shall:

         A.   Provide to the Whitehall Police Department documentation from the veterinarian describing the information on the microchip.

         B.   Such information shall be submitted within thirty (30) days of the declaration under Section 505.15 (b) unless the owner, keeper or harborer files an appeal and obtains a stay of this requirement.

         C.   The owner, harborer or keeper of a dog declared to be a “vicious dog” shall provide identifying pictures of the vicious dog.

         D.   The owner, harborer or keeper of a dog declared to be a “vicious dog” shall cause the dog to be neutered or spayed (if not already) within thirty (30) days of notification of such declaration. The owner, harborer or keeper of the dog shall submit proof of the neutering or spaying to the Whitehall Police Department along with the information required in subsection (b)(5)A. through C. hereof.

         E.   The owner, keeper or harborer of a declared “vicious dog” shall notify the Whitehall Police Department if the dog has attacked a person.

         F.   Transfer of ownership. Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he shall give to the buyer or other transferee, the Board of Health for the district in which the buyer or other transferee resides, and the Dog Warden of the County in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:

            1.   The name and address of the buyer or other transferee of the dog;

            2.   The age, sex, color, breed, and current registration number of the dog;

      In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:

“Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred.”

“Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred.”

“Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred.”

The Dog Warden of the county in which the seller resides shall furnish the form to the seller at no cost.

      (6)   Landlord/property owner shared liability. For purposes of this section, the owner or the tenant of any residence may be considered the owner/keeper or harborer of any dangerous or vicious dog that resides at the premises.

         (Ord. 61-08. Passed 8-19-08.)

   (c)   Hearings and Determination.

      (1)   If the City becomes aware that a dog has been involved in an incident that could result in a determination that the dog is either a “dangerous dog” or a “vicious dog” it may conduct a hearing to make such a determination,

      (2)   If the City becomes aware that a dog is a “vicious dog” as declared by the Ohio Revised Code the owner may request a designation hearing.

      (3)   The owner, keeper or harborer of the dog shall be provided an opportunity to present any information in support of their position that the dog is not a “dangerous dog” or a “vicious dog” during the hearing.

         A.   Any dogs deemed “dangerous” or “vicious” by the results of the hearing must comply to all provisions under Section 505.15 (a)(1) and (a)(2).

         B.   The owner, keeper or harborer of any dogs deemed “dangerous” or “vicious” may be responsible for expenses incurred as a result of the hearing.

   (d)   Penalties.

      (1)   Penalties for violations of ORC 955 may be directed to Franklin County Court for determination or to the Codified Ordinances of the City of Whitehall.

      (2)   Any person who violates Section 505.15 (a) and (b) shall be guilty of a misdemeanor of the second degree on the first offense, and of a misdemeanor of the first degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous or vicious dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training or to do both, and the court will order the offender to obtain liability insurance pursuant to subsection (b) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, the County Humane Society, an animal control officer or a police officer certified in euthanasia. If the court finds that the “dangerous dog” has caused injury to a person or has killed another dog, without provocation, and subject to Section 505.15 (a)(1), or (a)(2), the court shall declare the dog to be a “dangerous dog” under the terms of this section. A “vicious dog” means any dog that has seriously injured or killed a person while on or off the property of the owner, keeper or harborer.

         (Ord. 48-2013. Passed 8-20-13.)