(a) As used in this section:

(1) A. "Dangerous dog" means a dog that, without provocation, and subject

to subsection (a)(1)B hereof, 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 that dog is off the

premises of its owner, and not under the reasonable control of its

owner, or some other responsible person, or not physically restrained

or confined in a locked pen which has a top, locked fenced yard or

other locked enclosure which has a top.

B. "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

while the police dog is being used to assist one or more law

enforcement officers in the performance of their official duties.

505.14 GENERAL OFFENSES CODE 22

(2) "Menacing fashion" means that a dog would cause any person being chased

or approached to reasonably believe that the dog will cause physical injury to

that person.

(3) "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.

(4) A. "Vicious dog" means a dog that, without provocation and subject to

subsection (a)(4)B. hereof, meets any of the following:

1. Has killed or caused serious injury to any persons;

2. Has caused injury, other than killing or serious injury to any

person, or has attacked, injured or killed another dog or

domestic animal in a location other than the one in which the

dog is normally housed;

3. Is a pit bull terrier, canary dog or American bulldog over three

months of age.

B. "Vicious dog" does not include either of the following:

1. 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 while the police dog is being used to

assist one or more law enforcement officers in the

performance of their official duties;

2. A dog that has killed or caused serious injury to any person

while a person was committing or attempting to commit a

trespass or other criminal offence on the property of the

owner, of the dog.

C. "Pit bull terrier" as used herein includes, but is not limited to, any

American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull

Terrier or American Staffordshire Terrier breed of dog, or any mixed

breed of dog which contains as an element of its breeding the breed of

American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or

American Staffordshire Terrier as to be identifiable as practically of

the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire

Bull Terrier or American Staffordshire Terrier.

D. "American Bulldog" as used herein includes, but is not limited to, any

American bulldog or old country bulldog, or any mixed breed of dog

which contains, as an element of its breeding, the breed of American

bulldog or old country bulldog as to be identifiable as partially of the

breed of American Bulldog or old country bulldog.

E. "Canary Dog" as used herein includes, but is not limited to, any

canary dog or Perro de Presa Canario, or mixed breed of dog which

contains, as an element of its breeding, the breed of canary dog or

Perro de Presa Canario as to be identifiable as partially of the breed

canary dog or Perro de Presa Canario.

(5) "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 the 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.

23 Animals and Fowl 505.14

(6) "Owner" means any person owning, keeping, possessing, harboring,

maintaining or having the care, custody or control of a vicious or dangerous

dog and shall also include the parents or guardian of a minor owning,

keeping, possessing, harboring, maintaining or having the care, custody or

control of a vicious or dangerous dog.

A person shall not be considered an “Owner” for purposes of this section

unless one of the following applies:

A. The person has registered the Vicious Dog with the City pursuant to

subsection (e)(1); or

B. The person has been given notice from the Police Department that the

dog is classified as Dangerous or Vicious as defined in subsections

(a)(1) or (a)(4); and

1. The period for appealing the classification pursuant to

subsection (i) has lapsed; or

2. The classification is confirmed by the Director of Public

Safety upon appeal as set forth in subsection (i).

(7) “Notice” means delivering via hand delivery or by posting at the residence

where the dog(s) is located a copy of the statement from the Police

Department that the dog is classified as Dangerous or Vicious pursuant to

subsections (a)(1) and (a)(4). Once Notice is given by either of these two

methods the person has ten business days to either comply with the

requirements set forth in this section or appeal the classification to the

Director of Public Safety as set forth in subsection (i).

(b) No owner of a dangerous dog shall fail to comply with the following:

(1) While that dog is on the premises of the owner, securely confine it at all

times in a building, in a locked pen which has a top, locked fenced yard or

other locked enclosure which has a top, except that a dangerous dog may, in

the alternative, be tied with a leash or tether so that the dog is adequately

restrained;

(2) While that dog is off the premises of the owner, keep it on a chain-link leash

or tether that is not more than six feet in length and additionally do at least

one of the following:

A. Have the leash or tether controlled by a person who is of suitable age,

physical capability and discretion or securely attach, tie or affix the

leash or tether to the ground or 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;

B. Muzzle that dog.

(c) No owner of a vicious or dangerous dog shall keep, own, possess, harbor, maintain,

have the care, custody, or control of a such a dog within the municipal limits of the City of Clayton

when such dog has been banned from the City.

(d) No owner of a vicious dog or when so ordered by a Court 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 ($100,000.00) Dollars because of damage or bodily injury to or death of a person caused

by the dog. (Ref. ORC 955.22).

505.14 GENERAL OFFENSES CODE 24

(e) Any person owning, keeping, possessing, harboring, maintaining, or having the care,

custody, or control of a vicious dog including but not limited to a pit bull, canary dog or American

bulldog over three months of age shall:

(1) Register the dog with the City Police Department on an annual basis between

January 2 and January 20 and within fourteen (14) days of newly obtaining

the dog and at the time of registration provide two (2) color photos of the dog

and pay an annual registration fee of thirty ($30.00) dollars to cover the City's

administrative expenses.

(2) Identify the dog by having the dog tattooed at the Owner's expense with a  (changed to microchipping as of 1/2008)

code number provided by the Police Department and provide one color photo

of the dog showing the tattoo number after the animal has been tattooed, or if

the dog has been tattooed, provide the Police Department with the code

number and the photo as provided herein.

(3) At the time of registration provide proof of:

A. Liability insurance as required by subsection (d) hereof,

B. Such dog registration as may be required by the State of Ohio and

Montgomery County,

C. A valid rabies vaccination certificate.

(4) Post on the premises, in a conspicuous place where the dog is kept, at least

one city-issued warning sign available, upon payment of a fee to the City of

fifteen ($15.00) dollars. The sign shall be visible and capable of being read

from the public highway or street.

(5) Notify the City within 24 hours if the vicious dog has died or has been sold,

donated or otherwise transferred, and provide the City with the name,

address, and telephone number of the person or entity to which the dog has

been transferred.

(6) Keep the dog secured at all times by one of the following means:

A. Keep the dog inside the owner's home;

B. Keep the dog in a locked enclosure which has a top, and has a

concrete base with the fencing securely attached or anchored to the

concrete perimeter to a depth of six inches;

C. Keep the dog muzzled and on a chain-link leash that is not more than

six feet in length which is held in the hand of a person who is of

suitable age, physical capability and discretion and is outside with the

dog.

(7) Ensure that the dog is not unconfined on the premises of another or at large

within the City.

(f) Unless lawfully operating a kennel, or otherwise permitted by law, no person shall

keep, own, possess, harbor, maintain, have the care, custody, or control of more than three (3)

vicious dogs over three months of age within the municipal limits of the City of Clayton.

(g) 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 dog that he

owns, keeps, or harbors, to cause that dog to complete dog obedience training, or permanently

remove the dog from the municipal limits of the City and the court may order the offender to obtain

liability insurance pursuant to subsection (d) hereof. The court, in the alternative, may order the

dangerous dog to be humanely destroyed by a licensed veterinarian, or Montgomery County Animal

Shelter.