618.16 DANGEROUS AND VICIOUS ANIMALS.

(a) As used in this section:

(1) "Dangerous animal" means any animal, other than a police dog, that:

A. Without provocation, chases or approaches in a menacing fashion

any person while on or off the premises of the owner or any

domestic animal which is the property of another while off the

premises of the owner; or

B. Without provocation, bites, attempts to bite or causes physical

harm to any person while on or off the premises of the owner or

any domestic animal which is the property of another while off

the premises of the owner.

(2) "Menacing fashion" means approaching or chasing a person or any

domestic animal which is the property of another in a manner which

would cause a reasonable person to believe that the animal will cause

serious physical harm to such person or other animal.

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

maintaining or having the care, custody or control of an animal.

(4) "Police dog" means a dog that has been trained, and is being used to

assist a law enforcement officer in the performance of his official duties.

(5) "Vicious animal" means:

A. Any animal, other than a police dog, that without provocation

kills or causes serious physical harm to any person or kills any

domestic animal which is the property of another; or

B. Any animal, whether wild or domestic, which by virtue of its

species, physical attributes, temperament and/or other

characteristics presents a substantial risk of serious physical harm

to persons; or

C. Any dog which belongs to, or has the appearance and

characteristics of being predominantly of the breeds of dogs

known as Staffordshire Bull Terrier, American Pit Bull Terrier,

American Staffordshire Terrier, Pit Bull Terrier and any other

breed of dog commonly known as Pit Bulls, Pit Bull Dogs or Pit

Bull Terriers or a combination of those breeds.

(6) "Without provocation" means that:

A. The animal is not defending itself against any person who is

torturing, beating or otherwise physically abusing such animal;

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618.16 GENERAL OFFENSES CODE 36

B. The animal is not defending itself against another animal which

has attacked or approached it in a menacing fashion;

C. The animal is not coming to the aid of a person who is being

physically harmed or threatened with physical harm by a person

or other animal or who is being approached by another animal in

a menacing fashion; or

D. The animal is not chasing, approaching or causing or attempting

to cause physical harm to any person who has entered upon the

premises of another with the intent of committing a crime.

(7) Terms not defined herein but defined in Ohio R.C. Chapter 2901 shall

have the meanings set forth therein.

(b) No person shall knowingly, recklessly or negligently possess, keep, maintain,

harbor or have care, custody or control of a vicious animal within the City.

(c) No owner of a dangerous animal shall fail, while such animal is on the premises

of the owner, to keep such animal securely confined in a locked pen which has a top or keep

such animal tied to a chain-link leash or tether within a locked fenced yard so that such animal

is at all times a distance of at least six feet from the fence or keep such animal in an area inside

a building on the premises of the owner which shall be secured so that the animal cannot

approach in a menacing fashion any person entering upon the premises of the owner for any

purpose, other than the commission of a crime; provided that this subsection shall not apply to

the use of a dog while it is lawfully and actually engaged in hunting or legitimate training for

the purpose of hunting while accompanied by a licensed hunter.

(d) No owner of a dangerous animal shall take or lead such animal off the premises

of the owner unless the animal wears a muzzle, which is designed and worn in a manner to

prevent the animal from causing physical harm to any person or other animal, and such animal

is securely attached to a chain-link leash or tether of not more than six feet in length, which

leash or tether is controlled by a person of such age, size and discretion that he is capable of

preventing the animal from approaching any person or other animal in a menacing fashion;

provided that this subsection shall not apply to the use of a dog while it is lawfully and actually

engaged in hunting or legitimate training for the purpose of hunting while accompanied by a

licensed hunter.

(e) No owner of a vicious or dangerous animal shall permit such animal to run at

large as prohibited by Section 618.01.

(f) No owner of an animal, knowing such animal to be a dangerous animal or with

reckless disregard of the dangerous character of such animal, shall fail to display publicly on

the property where such animal is maintained or harbored a sign which notifies the public of

the presence of a dangerous animal thereon. Such sign shall state in lettering at least two

inches in height "beware of dangerous animal" or a similar statement providing reasonable

notice to the public of the presence of such animal.

(g) No owner of a vicious or dangerous animal shall fail to report to the City any

incident by which any vicious or dangerous animal has caused physical harm to any person

within twenty-four hours of such incident.

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36A Animals 618.17

(h) No owner of a vicious or dangerous animal shall fail to report to the City the

theft or loss of a vicious or dangerous animal within twelve hours of the discovery of such theft

or loss.

(i) No owner of a vicious or dangerous animal shall refuse to permit the inspection

by the City of any such animal or the property where it is maintained, kept or harbored to

ensure compliance with this section or conceal any such animal from an agent of the City

attempting such inspection.

(j) Whoever violates subsection (b), (c), (d), (e), (g), (h) or (i) is guilty of a

misdemeanor of the first degree. Whoever violates subsection (f) is guilty of a misdemeanor of

the third degree on a first offense and a misdemeanor of the second degree on each subsequent

offense. Additionally, the court may order any vicious animal to be humanely destroyed by a

licensed veterinarian, the County Dog Warden or the County Humane Society.

(k) In addition to any criminal penalties which may be imposed against the owner

under this section, an Animal Warden, police officer or other person authorized by the Mayor

or the Chief of Police may seize and impound a vicious animal found within the City or a

dangerous animal that is not being kept, harbored or maintained as required by this section

pending the disposition of charges against the owner, if known, or for observation if the owner

is not known. Such animal shall not be released without the approval of the Mayor or the

Chief of Police, on such conditions as may be reasonably imposed by them to ensure

compliance with this section, and after the payment of all costs and charges incurred by the

City for the impounding and maintenance of such dog or animal. However, if any dangerous

or vicious dog or animal, found at large cannot be safely seized for impounding, the police

may use whatever force is necessary, including killing the animal, to protect the public safety

and ensure the public peace and safety. Any animal which is seized or impounded but not

redeemed may be disposed of as