Chillicothe, Ohio

Pit Bull Restrictions beyond that of State law

505.17 CONFINEMENT OR RESTRAINT OF DOG; LIABILITY INSURANCE.

(a) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog is in heat, unless the dog is properly in leash.

(b) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer or a handler of the dog, no owner, keeper or harborer of any dog shall fail at any time to do either of the following:

(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;

(2) Keep the dog attached to a leash and under reasonable control of some person.

(c) No owner, keeper or harborer of a dog, who has been convicted of or pleaded guilty to a violation of subsection (a) or (b) hereof and sentenced pursuant to subsection (e)(2) or (e)(3) hereof, shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or a handler:

(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen which has a top, a yard, that is enclosed by a locked fence not less than six feet in height, or some other locked enclosure which has a top;

(2) While that dog is off the premises of the owner, keeper, or harborer, do at least one of the following:

A. Keep that dog in a locked pen which as a top, a yard that is enclosed by a locked fence not less than six feet in height, or some other locked enclosure which has a top;

B. Muzzle the dog and keep the dog on a chain-link leash that is not more than six feet in length and that is controlled by a person who is of suitable age and discretion. In no case shall the person controlling the leash be younger than fourteen years of age.

(d) No owner, keeper or harborer of a dog, who has been convicted of or pleaded guilty to a violation of subsection (a) or (b) hereof and sentenced pursuant to subsection (e)(3) hereof, 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 dollars ($100,000) because of damage or bodily injury to or death of a person caused by a dog.

(e) (1) Except as otherwise provided in subsection (e)(2) or (3) hereof, whoever violates subsection (a), (b), or (c) of this section is guilty of a minor misdemeanor on a first offense and a misdemeanor of a fourth degree for each subsequent offense. In addition, the court may order the offender to personally supervise the dog that he owns, keeps, or harbors, to cause the dog to complete dog obedience training or to do both.

(2) Except as otherwise provided in subsection (e)(3) hereof, a violation of subsection (a), (b) or (c) of this section is a misdemeanor of the fourth degree if at the time of the offense any of the following applies:

A. The dog, without provocation, bites or causes physical harm to any person who is not the owner, keeper, or harborer of that dog;

B. The dog, without provocation, bites any companion animal;

C. The dog approaches in a menacing fashion, any person who is not the owner, keeper, or harborer of that dog.

(3) A violation of subsection (a), (b) or (c) hereof is a misdemeanor of the first degree if the dog kills or causes serious physical injury to any person. Additionally, the court shall order the dog to be humanely destroyed by a licensed veterinarian, the County dog warden or the County humane society. The court may also order the offender to pay restitution for damages as a result of the violation.

(4) A violation of subsection (d) hereof is a misdemeanor of the second degree.

(5) In addition to the penalties prescribed in subsection (e)(2) of this section, the court may order the offender to comply with any of the following:

A. To personally supervise the dog that he owns, keeps, or harbors;

B. To cause the dog to complete dog obedience training;

C. To pay restitution for damages as a result of the violation;

D. 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 dollars ($100,000) because of damage or bodily injury to or death of a person caused by a dog.

(f) It is an affirmative defense to a charge of violation of subsection (a) or (b) hereof that the dog is a police dog and the police dog was being used to assist one or more law enforcement officers in the performance of their official duties.

(g) It is an affirmative defense to a charge of violation of subsection (a) or (b) hereof that the dog did bite, kill or cause physical harm or serious physical harm 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 dog.

(Ord. 13-06. Passed 2-13-06.)