Chapter 604 — Vicious Dogs
Complete to June 30, 2007
For the purpose of this chapter, the following
definitions shall apply, unless the context shall indicate another
or different meaning or intent:
(a) "Animal warden" means the chief dog warden of
the City of Cleveland or his duly authorized representatives.
(b) "Dangerous Dog" means a dog that, without
provocation, 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, keeper, or harborer and not under the reasonable control
of its owner, keeper, harborer, 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,
or any dog which, on three separate occasions within a twelve (12)
month period has been impounded by the City Animal Warden for being
unrestrained or uncontrolled off its owner's, keeper's, or
harborer's premises.
(c) "Domestic Animal" means a tamed animal.
(d) "Impounded" means taken into the custody of
the public pound in the City of Cleveland.
(e) "Law Enforcement Officer" has the same
meaning as division (k) of Section 601.01 of these Codified
Ordinances.
(f) "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.
(g) "Owner" means any person, firm, corporation,
organization, or department possessing, harboring, keeping, having
an interest in, or having control or custody of an animal.
(h) "Person" means a natural person or any legal
entity, including but not limited to, a corporation, firm,
partnership, or trust.
(i) "Police dog" means a dog that has been
trained, certified and/or approved by the state and may be used, to
assist one or more law enforcement officers in the performance of
their official duties.
(j) "Serious injury" means any physical injury
that results in broken bones or lacerations requiring multiple
sutures or cosmetic surgery.
(k) "Vicious dog" means a dog that, without
provocation, meets any of the following:
(1) Has killed or caused serious injury to any
person;
(2) Has caused injury, other than killing or
serious injury, to any person, or has killed or caused serious
injury to any domestic animal;
(3) Belongs to a breed that is commonly known as
a "pit bull" dog, the ownership, keeping, or harboring of such a
breed of dog shall be prima facie evidence of the ownership,
keeping, or harboring of a vicious dog.
(4) Is owned, kept or harbored primarily or in
part for the purpose of dog fighting or any dog trained for dog
fighting.
(l) "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.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted
10-20-99 CR)
(a) The provisions of this chapter shall not
include a police dog.
(b) Notwithstanding the definition of a vicious
dog in Section 604.01, no dog may be declared vicious if:
(1) An injury or damage is sustained by a person
who, at the time such injury or damage was sustained, was committing
a willful trespass or other tort upon premises occupied by the owner
or keeper of the dog, or was teasing, tormenting, abusing or
assaulting the dog or was committing or attempting to commit a
crime;
(2) An injury or damage was sustained by a
domestic animal which at the time such injury or damage was
sustained was teasing, tormenting, abusing or assaulting the dog or
was trespassing upon premises occupied by the owner or keeper of the
dog; or
(3) The dog was protecting or defending a human
being within the immediate vicinity of the dog from an unjustified
attack or assault.
(4) The dog is:
A. within the confines or on the property of the
Cleveland Convention Center as defined in Section 133.12 or other
premises classified as assembly use structures under Group A-3 of
the Ohio Basic Building Code; and
B. under the control and supervision of an owner
who has entered the dog in a show or exhibition in the premises
described in division (b)(4)A. of this section.
(c) The owner, keeper or harborer of a vicious or
dangerous dog is not liable in damages for any injury, death or loss
to person or property caused by such dog, if such injury, death or
loss was caused to the person or property of an individual who, at
the time, was committing or attempting to commit a trespass or other
criminal offense on the property of the owner, keeper or harborer or
was committing or attempting to commit a criminal offense against
any person, or was teasing, tormenting, or abusing the dog or the
owner, keeper or harborer's property.
(d) Dogs conforming to division (k)(3) of Section
604.01 that are not in violation of divisions (k)(1) or (k)(2) of
Section 604.01, that have successfully completed any of the
following title certificates, awarded from any of the authorized
agencies, shall be exempt from this section.
(1) The owner of the dog shall provide a copy of
the certificate to the Dog Warden, who shall keep the certificate on
file. The certificate must contain the name of the individual dog,
the name of the owner, and a date noting when the title certificate
was successfully completed.
(2) The owner shall submit a photograph of the
dog to the Dog Warden, who shall keep the photograph on file.
(3) The owner, keeper or harborer shall have the
dog tattooed or microchipped to secure positive identification, and
shall submit to the Dog Warden the microchip implantation number or
tattoo number assigned to the dog. The Dog Warden shall keep the
documentation on file.
(4) The owner shall submit proof of a valid
County License tag to the Dog Warden at time of application for
exemption status.
(e) Acceptable Title certificates are:
(1) Companion Dog;
(2) Canine Good Citizen;
(3) Temperament Test.
(f) Authorized agencies are any member or
sanctioned Kennel, Obedience, or Specialty club that is authorized
to hold conformation or obedience shows under the official
guidelines as set forth by the American Kennel Club, United Kennel
Club, or Canadian Kennel Club, or the American Temperament Test
Society.
(g) The Dog Warden, upon receiving all
documentation pertinent to the exemption status, shall issue such
dog an exemption tag. The exemption tag fee is Ten Dollars ($10.00).
(h) The owner of an exempted dog shall securely
fasten the exemption tag to a substantial collar worn by such dog at
all times. A valid County license tag shall also be affixed to such
collar at all times. Such collar and tags may only be removed if
said dog is:
(1) Actively engaged in lawful hunting, or
(2) The dog is competing in a dog show or other
event where event rules prohibit the dog from wearing a collar
and/or tags, or
(3) The dog is confined as defined in division
(a) of Section 604.03.
(i) The fee charged for replacement of a lost
exemption tag shall be Five Dollars ($5.00).
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted
10-20-99 CR)
No owner, keeper or harborer of a dangerous or
vicious dog shall fail to do either of the following, except when
the dog is legally engaged in training for the purpose of hunting,
herding, agility or dog competition events, accompanied by the
owner, keeper, harborer, or a handler:
(a) While the dog is on the premises of the
owner, keeper, harborer or handler, it must be securely confined
indoors, or in a locked pen which has a top, the dimensions of which
should be at least five feet by ten feet, and must have secure sides
and a secure top. If such structure should have no bottom secured to
the sides, the sides must be imbedded into the ground no less than
two feet. Such structure must be suitable to prevent the entry of
young children and designed to prevent the dog from escaping, or in
a locked fenced yard which fence is at least six feet high. Any
enclosure must provide protection from the elements for the dog.
(b) While the dog is off the premises of the
owner, keeper or harborer, keep it on a substantial collar and leash
or tether not exceeding six feet in length and additionally shall do
the following:
(1) Keep the dog in a locked pen which has a top,
locked fenced yard of at least six (6) feet high, or other locked
enclosure which has a top; or
(2) Have the leash or tether controlled by a
person who is at least eighteen (18) years of age 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 person in close enough proximity to the
dog so as to prevent it from causing injury to any person; and
(3) Muzzle the dog. The muzzle must be made in a
manner that will not cause injury to the dog or interfere with its
vision or respiration but must prevent it from biting any person or
animal.
(c) No owner, keeper or harborer of the dog shall
permit the unmuzzled dog at anytime to be on a public street,
highway, park, building, or other public place.
(d) A dog declared to be dangerous or vicious by
violating division (b) of Section 604.01 or divisions (k)(1) or
(k)(2) of Section 604.01 shall, at the expense of such owner,
keeper, or harborer, be tattooed or microchipped to secure positive
identification.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted
10-20-99 CR)
(a) All owners, keepers or harborers of vicious
dogs shall obtain a policy of 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
($100,000.00) because of damage or bodily injury to or death of a
person caused by the vicious dog. All owners, keepers or harborers
of vicious dogs shall provide a copy of the policy for liability
insurance to the Animal Warden on a yearly basis.
(b) All persons who presently own, keep or harbor
a vicious dog must obtain a policy of liability insurance within
thirty (30) days of the effective date of this section.
(c) Upon request of the Dog Warden, the owner of
a vicious dog shall produce proof of liability insurance forthwith.
Failure to furnish proof of liability insurance may result in the
impounding of the dog by the Dog Warden until such proof is
furnished.
(d) All owners, keepers or harborers of vicious
or dangerous dogs shall have posted and displayed at each possible
entrance onto the premises where the vicious or dangerous dog is
kept a conspicuous sign, clearly legible, and easily readable by the
public warning that there is a vicious or dangerous dog on the
premises. Such sign shall be at least eight (8) inches by ten (10)
inches in rectangular dimensions and shall contain only the words
"VICIOUS DOG" or "DANGEROUS DOG" in lettering not less than two (2)
inches in height. Such sign should also include a visual symbol for
any children or people who cannot read words.
(e)(1) The owner of a vicious or dangerous dog
shall notify the animal warden within twenty-four (24) hours if the
vicious or dangerous dog is on the loose, is unconfined, has
attacked another animal, has attacked any person, has died, or
transfer of ownership or possession of the dog has occurred.
(2) If there has been a transfer of possession or
ownership of a dangerous or vicious dog, within ten (10) days after
such transfer of ownership or possession, the seller, transferor,
owner, keeper or harborer shall provide a completed copy of a
written form to the animal warden on which the seller, transferor,
owner, keeper or harborer shall furnish the following information:
A. The name and address of the buyer or other
transferee of the dog:
B. The age, sex, color, breed, and registration
number of the dog.
C. In addition, the seller, transferrer, owner,
keeper or harborer shall answer the following questions which shall
be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack
or bite a person? If yes, describe the incident(s) in which the
behavior occurred."
"Has the dog ever bitten a person? If yes,
describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a
person or other animal? If yes, describe the incident(s) in which
the behavior occurred."
The animal warden shall furnish the form to the
seller or transferor at no cost.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted
10-20-99 CR)
(a) The animal warden is hereby empowered to make
whatever inquiry is deemed necessary to ensure compliance with the
provisions of this section, and to seize and impound any vicious or
dangerous dog whose owner, keeper or harborer fails to comply with
the provisions hereof. In the event that the owner of the dog
refuses to surrender the animal to the animal warden, the animal
warden may request a law enforcement officer to obtain a search or
arrest warrant to seize the dog.
(b) In the event that a law enforcement officer
has probable cause to believe that a vicious or dangerous dog is
being harbored, housed or cared for in violation of this section,
the law enforcement officer may petition a court of competent
jurisdiction to order the seizure and impoundment of the dog pending
trial.
(c) In the event that the owner of the vicious or
dangerous dog is a minor, the parent or guardian of such minor shall
be liable for all injuries and property damage sustained by any
person or domestic animal caused by an unprovoked attack by said
vicious or dangerous dog.
(d) For purposes of division (a) of Section
604.03, testimony that a vicious or dangerous dog was unconfined on
the premises of its owner, or that a vicious or dangerous dog was
beyond the premises of its owner and was not secured in accordance
with division (b) of Section 604.03, shall be prima facie evidence
that such owner suffered or permitted such dog to go unconfined on
the premises of such owner or suffered or permitted such dog to go
beyond the premises of such owner when not securely leashed
according to Section 604.03.
(Ord. No. 304-A-89. Passed 6-19-89, eff. 6-28-89; Reprinted
8-2-89 CR)
(a) If a violation of division (a), (b) or (c) of
Section 604.03 involved a dangerous dog, whoever violates that
Section is guilty of a misdemeanor of the second degree on a first
offense and of a misdemeanor of the first degree on each subsequent
offense and shall be fined one thousand dollars ($1,000.00) which
fine shall be mandatory, and shall not be suspended or remitted.
Additionally, the Court may order the offender: (i) to personally
supervise the dangerous dog that he owns, keeps or harbors, (ii) to
cause that dog to complete dog obedience training, (iii) to attend a
class on responsible pet ownership and dog behavior, or (iv) to do
all three. The Court, in the alternative, may order the dangerous
dog to be humanely destroyed by a licensed veterinarian, the County
Dog Warden, or the County Humane Society. For repeat offenders of
animal control laws under Sections 603.02 and 603.04, the Court may
require the owner to attend a class on responsible pet ownership and
dog behavior.
(b) If a violation of division (a), (b) or (c) of
Section 604.03 involved a vicious dog, whoever violates that section
may be found guilty of a misdemeanor of the first degree on a first
offense. When any person is found guilty of a misdemeanor of the
first degree such person shall be fined one thousand dollars
($1,000.00) which fine shall be mandatory, and shall not be
suspended or remitted. The Court may order the dog to be spayed or
neutered at the owner's, keeper's or harborer's expense.
Additionally, the Court may order the vicious dog to be humanely
destroyed by a licensed veterinarian, the County Dog Warden, or the
County Humane Society.
(c) Any owner who does not obtain the liability
insurance coverage required in accordance with divisions (a) or (b)
of Section 604.04 shall be found guilty of a misdemeanor of the
first degree.
(d) Any owner that is found to be in violation of
division (d) of Section 604.03 shall be found guilty of a
misdemeanor of the first degree.
(e) Any owner that is found to be in violation of
division (d) of Section 604.02 shall be found guilty of a
misdemeanor of the first degree.
(f) Any owner that is found to be in violation of
division (h) of Section 604.02 shall be found guilty of a
misdemeanor of the first degree.
(g) Any owner found to own, keep, or harbor a dog
wearing a fictitious, altered, or invalid exemption tag shall be
found guilty of a misdemeanor of the first degree.
(h) Any exempted dog conforming to division
(k)(3) of Section 604.01 that is found to be in violation of
divisions (k)(1) or (k)(2) of Section 604.01 shall forfeit its
exemption status permanently.
(i) Any owner who is found guilty of violating
divisions (c) or (d) of Section 604.04 shall be found guilty of a
misdemeanor of the first degree and shall be fined one hundred
dollars ($100.00) on each subsequent offense which fine shall be
mandatory and shall not be suspended or remitted.
(j) Any owner found guilty of violating this
chapter shall pay all expenses, including shelter, food, veterinary
expenses for identification or certification of the breed of the
animal or boarding and veterinary expenses necessitated by the
seizure of the vicious or dangerous dog for the protection of the
public, and such other expenses as may be required for the
destruction of any such dog.
(k) An amount equal to the amount of fines and
penalties imposed pursuant to this section shall annually be
contributed to and used for the benefit of the Division of Dog
Pound.
(l) This Section shall not apply whenever the
conduct proscribed in this chapter constitutes a felony under RC
955.99.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted
10-20-99 CR)
|