(a) Definitions.
(1) A “vicious animal” as used in this section means any animal that, without provocation:
A. Has a propensity, tendency, or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals;
B. Attacks a human being or other domestic animal without provocation;
C. Has killed or caused serious injury to any person or other domesticated animal; or
D. Has caused property damage (as a direct result of an attack) and apprehension of imminent potential harm to any person or another domestic animal.
(2) Vicious animals as used in this section does not include either:
A. A Police Dog that has killed or caused injury to any person while the Police Dog is being used to assist any law enforcement officer in the lawful performance of their official duties;
B. An animal 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 animal;
(3) A vicious animal is “unconfined” if such animal is not restrained and limited by a secure enclosure (which does not include an electric fence or shock collar) such that the secure enclosure effectively prevents such animal from going beyond the premises of the person owning, harboring or having responsibility for the care of such animal.
(4) “Without provocation” means that an animal was not teased, tormented, or abused by a person, or that the animal 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 animal as a means of carrying out such activity.
(b) Regulations to Protect Against Injury or Damages from Vicious Animals.
(1) No person owning, harboring or having responsibility for the care of a vicious animal shall allow such animal to go unconfined on the premises of such person or elsewhere within the Woodsfield municipal corporation limits.
(2) No person owning, harboring or having responsibility for the care of a vicious animal shall allow such animal to go beyond the premises of such person unless such animal is muzzled and further secured with a leash no longer than three (3) feet, or otherwise securely restrained.
(3) Any person owning or harboring a vicious animal must carry and maintain (at all times) liability insurance to insure against damage or injury caused by such vicious animal. The policy amount shall be at least $100,000.00 per incident warranting claim.
(4) Subsections (b)(1), (2) and (3) are deemed necessary controls on the unrestrained activity of a vicious animal which threatens the safety of all areas of the municipality of Woodsfield, and lack of knowledge or lack of intent is not a defense to the violation of this section.
(c) Penalties.
(1) First offense.
A. Fine and/or Jail. Whoever violates any provision of this section as a first offense shall be fined not more than five thousand dollars ($5,000) and/or imprisoned for not more than sixty (60) days.
B. Opportunity for Control and Relocation. Upon determination of the Court pursuant to evidence (including evidence from the Animal Control Officer/Warden) that the animal causing injury or damage is deemed a vicious animal, and when such animal may be safely secured and then relocated, then such animal must thereafter be kept, continually and without exception, at a location outside of the Woodsfield municipal corporation limits.
C. Consequence of return and Protection of Public. Additionally, upon determination of the Court pursuant to evidence (including evidence from the Animal Control Officer/Warden) that the animal causing injury or damage is deemed a vicious animal, and upon any failure to keep such animal, (continually and without exception) at a location outside of the Woodsfield municipal corporation limits, any vicious animal returning to a location within the Woodsfield municipal corporation limits may be euthanized forthwith within the sound discretion of the Animal Control Officer/Warden or law enforcement.
(2) Subsequent Offense. When a person is found guilty of any provision of this section (after a prior conviction for any provision under this section), such person may be imprisoned for not more than one hundred eighty (180) days and/or fined not more than ten thousand dollars ($10,000.00).
(3) Containment of Risk of Further Harm. Notwithstanding the provision of subsection (c)(1) hereof, any vicious animal which attacks a human being or another domestic animal may be ordered euthanized when, in the Court’s reasonable judgment, such vicious animal represents a continuing risk of serious harm to human beings or another domestic animal.
(4) Responsibility for repayment of costs connected to containment and/or disposition of vicious animal. In addition, a person found guilty of violating this section shall pay (and the Court may tax as a portion of the Court costs) all expenses including (but not limited to) shelter, food, veterinary expenses for boarding or other costs necessitated by the seizure of any vicious animal for the protection of the public, and such other expenses as may be required for the disposition of such animal. (Ord. 1223-2017. Passed 12-18-17.)