(a) As used in this section:
(1) "Dangerous animal":
A. Means an animal that, without provocation, and subject to subsection (a)(1)B. hereof, has chased or approached in either a menacing fashion or in an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that animal is off the premises of its owner, keeper or harborer or some other responsible person, or is on the premises of its owner, keeper or harborer and not physically restrained or confined in a building, locked pen, locked fenced yard or other locked enclosure;
B. 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 while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that an animal would cause any person being chased or approached to reasonably believe that the animal will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and is used, to assist one or more law enforcement officers in the performance of their official duties.
(4) "Vicious animal":
A. Means an animal that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:
1. Has killed or caused physical injury to any person; or
2. Has killed another animal owned by or belonging to any person.
B. Does not include either of the following:
1. A police dog that has killed or caused injury to any person or animal while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; or
2. 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 in the occupied dwelling of the owner, keeper or harborer of the animal.
(5) "Without provocation" means that the animal was not teased, tormented or abused by a person or another animal, or that the animal 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 animal as a means of carrying out such activity.
(b) No owner, keeper or harborer of a dangerous animal shall fail to do either of the following:
(1) While that animal is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, locked pen, locked fenced yard or other locked enclosure except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the animal is adequately restrained; or
(2) While that animal is off the premises of the owner, keeper or harborer, keep it on a leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that animal confined in a building, locked pen, locked fenced yard or other locked enclosure;
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 stationary object or fixture so that the animal is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or
C. Muzzle that animal.
(c) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense.
Additionally, the court may order the offender to personally supervise the dangerous animal that he owns, keeps or harbors, to cause that animal to complete obedience training, or to do both, and the court may order the offender to obtain liability insurance with an insurer authorized to write liability insurance in Ohio 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 dangerous animal.
(d) No person shall possess, harbor or keep a vicious animal. If an animal, which becomes a vicious animal, is not immediately removed from the City, the court shall order the vicious animal to be removed from the City or to be humanely destroyed by a licensed veterinarian, the animal warden or the humane society.
(e) Any person who owns, harbors or keeps a dangerous animal, which becomes a vicious animal, shall be guilty of a misdemeanor of the first degree.
(Ord. 88-87. Passed 11-9-87.)