§ 701-50. Nuisance, Dangerous, and Vicious Dogs.
(A)
Designation as Nuisance, Dangerous, or Vicious.
(1)
If a police officer has reasonable cause to believe that a dog in the officer's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the police officer shall notify the owner, keeper, or harborer of that dog, within three days after that person is identified, by certified mail or in person, of both of the following:
(i)
That the police officer has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
(ii)
That the owner, keeper, or harborer of the dog may attend a hearing regarding the designation in accordance with this section, section 701-14-1, and section 701-14-2, which hearing will take place no less than seven days from mailing of the notice or personal service of notice.
(2)
In cases in which there is no criminal violation charged under section 701-23 of this chapter, the Office of Administrative Hearings shall make the final determination regarding a dog's designation as a nuisance, dangerous, or vicious dog. At the hearing, the city has the burden of proving, by clear and convincing evidence, that the dog is a nuisance, dangerous, or vicious dog.
(3)
The owner, keeper, or harborer of the dog or the officer who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the determination of the Office of Administrative Hearings as in any other case heard by that office.
(B)
Duty of Care of Owner After Designation of a Dog as Nuisance, Dangerous, or Vicious as Provided in Section 701-50(A). Except when a nuisance, dangerous, or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a nuisance, dangerous, or vicious dog shall fail to do any of the following:
(1)
While that dog is on the premises of the owner, keeper, or harborer, the dog shall be securely confined at all times in a locked pen that has a top or other locked enclosure that has a top, except that if the dog is a nuisance dog it may also be confined in a locked fenced yard without a top, and:
(i)
No nuisance, dangerous, or vicious dog shall be tethered or otherwise tied to any inanimate object, such as a tree, post, or building, outside of its enclosure as provided herein.
(ii)
Owners, keepers, or harborers, of nuisance, dangerous, or vicious dogs who maintain the animal outdoors, shall have a portion of their property fenced with a perimeter or area fence. The pen or kennel may not share common fencing with the area or perimeter fence.
(2)
All owners, keepers, or harborers of any nuisance dog, vicious dog, dangerous dog, or any dog which is used to guard any property, shall display in a prominent place on their premises and at each entrance and exit to the area where such dog is confined, a sign easily readable to the public using the words "Beware of Dog."
(3)
While the nuisance, dangerous, or vicious dog is off the premises of the owner, keeper, or harborer, that person shall keep that dog on a tether that is not more than six feet in length and additionally shall do at least one of the following:
(i)
Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
(ii)
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 so that the dog 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
(iii)
Muzzle that dog by sufficient means to prevent it from biting other persons or animals.
(4)
Educational Training; Sterilization. Within 31 days of a dog's final designation as a nuisance, dangerous, or vicious dog, the dog's owner, keeper, or harborer, shall, at that person's sole expense:
(i)
Take an educational training course provided by a local humane society or, with approval of the Office of Administrative Hearings, a similar course provided by another entity, which teaches the basic tenets of responsible dog ownership; and
(ii)
Spay or neuter the dog.
(C)
Additional Duty of Care—Dangerous or Vicious Dogs.
(1)
No person who has been convicted of or pleaded guilty to three or more violations of Ohio Revised Code Sections 955.10, 955.22, or 955.25, or who has violated Section 701-2 of this chapter three or more times involving the same dog and/or no owner of a dangerous or vicious dog shall fail to do the following:
(i)
Obtain liability insurance in an amount not less than $100,000.00 with an insurer authorized to write liability insurance in this state providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section;
(ii)
Obtain a dangerous dog registration certificate from the county auditor pursuant to Ohio Revised Code Section 955.22, affix a tag that identifies the dog as a dangerous or vicious dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
(iii)
Notify the local dog warden immediately if any of the following occurs:
a)
The dog is loose or unconfined.
b)
The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
c)
The dog attacks another animal while the dog is off the property of the owner of the dog.
(iv)
If the dog is sold, given to another person, or dies, notify the county auditor within ten days of the sale, transfer, or death.
(v)
While that dog is on the premises of the owner, keeper, or harborer, the dog shall be securely confined at all times in a locked pen that has a top or other locked enclosure that has a top, and:
(2)
It shall be unlawful for any person to own, harbor, or keep more than one dangerous or vicious dog.
(3)
The owner of a dangerous or vicious dog shall present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, or public health official charged with enforcing this section.
(D)
Penalties .
(1)
Whoever violates subsection (B) is subject to a Class E civil penalty.
(2)
Whoever violates subsection (C) is subject to a Class E civil penalty.
(3)
Additionally, for violations of subsections (B) or (C), the administrative hearing officer may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both. The administrative hearing officer, in the alternative, may order the dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
(Ordained by Ord. No. 062-2015, § 3, eff. April 4, 2015; Emer. Ord. No. 183-2015, § 1, eff. June 17, 2015)