Delaware, Ohio

Pit Bull Restrictions beyond that of State law

505.012 DANGEROUS AND VICIOUS ANIMALS.

(a) As used in this section:

(1) "Dangerous animal" means an animal 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, or has bitten another animal, while the former animal 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 is on the premises of its owner, keeper or harborer and not physically restrained or confined in a building, locked pen, locked fenced yard or other locked enclosure sufficient to prevent it from escaping. "Dangerous animal" 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 animal is being used to assist one or more law enforcement officers or the Community Service Officer in the performance of their official duties.

(2) "Menacing fashion" means that an animal would cause any person being chased or approached to reasonably believe that the animal 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 or the Community Service Officer in the performance of their official duties.

(4) "Vicious animal" means an animal that, without provocation, meets any of the following:

A. Has killed or caused serious injury to any person;

B. Has caused injury, other than killing or serious injury, to any person, or has killed another domestic animal;

(5) "Vicious animal" does not include either of the following:

A. 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 or the Community Service Officer in the performance of their official duties;

B. An animal that has killed or caused serious injury 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 animal.

(6) "Without provocation" means that the animal was not teased, tormented or abused by a person, or that the animal 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 animal as a means of carrying out such activity.

(ORC 955.11)

(b) No owner, keeper or harborer of a dangerous animal shall fail to do the following:

(1) While that animal is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen, locked fenced yard or other locked enclosure sufficient to prevent it from escaping, except that it may, in the alternative, be tied with a leash or tether so that it is adequately restrained;

(2) While that animal is on the premises of another, keep a muzzle on the animal and do one of the following:

A. Keep the animal in a building, locked fenced yard or other locked enclosure sufficient to prevent it from escaping, or

B. Keep the animal on a chain link leash or tether of such length to restrain it from leaving the premises, or

C. Keep the animal on a chain link leash or tether that is not more than six feet in length, which is controlled by a person who is of suitable age and discretion.

(3) While the animal is being led on any sidewalk, street or public place, keep it on a chain link leash or tether that is not more than six feet in length, which is controlled by a person who is of suitable age and discretion, and keep a muzzle on the animal.

(c) No owner, keeper or harborer of a dangerous animal shall fail to post signs at least eight inches by eleven inches in size, that are visible from all entrances to the area where the dangerous animal will be kept, which shall contain the following language: "Beware of Dangerous Animal". The signs shall be constructed or covered in such a manner as to resist deterioration and ensure their legibility.

(d) No owner, keeper or harborer of a dangerous animal 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 fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person caused by the dangerous animal.

(ORC 955.22)

(e) No person shall sell, permanently transfer or change the location of a dangerous animal without first notifying in writing any person who will become the owner, keeper, or harborer of such animal that the animal is dangerous, and also notifying the Animal Control Officer in writing of the pending sale, transfer or change of location of that animal. Such notification to the Animal Control Officer shall include the name, address and phone number of the person who will be the owner, keeper or harborer of that animal and the location where it will be kept.

(f) No owner, keeper or harborer of a dangerous animal shall allow it to run at large.

(g) No person shall possess, harbor or keep a vicious animal within the City.

(h) No person shall possess, harbor or keep an animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging the animal to attack human beings or domestic animals.

(i) Whoever violates subsection (b), (c) or (e) 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 dangerous animal to be removed from the City or be humanely destroyed by a licensed veterinarian, the Dog Warden, the Humane Society, a law enforcement officer or the Community Service Officer.

(j) Whoever violates subsection (g) is guilty of a misdemeanor of the first degree. Additionally, the Court shall order the vicious animal to be removed from the City or to be humanely destroyed by a licensed veterinarian, the Dog Warden, the Humane Society, a law enforcement officer or the Community Service Officer.

(k) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree.

(ORC 955.99)

(l) Whoever violates subsections (f) and (h) is guilty of a misdemeanor of the first degree. Additionally, the Court may order the animal to be removed from the City or be humanely destroyed by a licensed veterinarian, the Dog Warden, a law enforcement officer or the Community Service Officer.

(m) Strict liability is intended to be imposed for a violation of this section.

(Ord. 88-23. Passed 3-28-88.)