Lima, Ohio

Pit Bull Ordinance beyond that of State Law

**Pay special attention to confinement, a fence may not be suitable

*Only allowed to have one pit bull

618.125 HARBORING VICIOUS DOGS.
(a) As used in this section:
(1) "Vicious dog" means:
A. Any dog with a propensity, tendency or disposition to attack,
cause injury to or otherwise endanger the safety of humans or
other domestic animals; or
2003 Replacement
79 Animals 618.125
B. Any dog which attacks a human being or other domestic animal
one or more times with or without provocation; or
C. Any dog which 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.
(2) "Unconfined" shall include the following:
A. When such dog is indoors, "unconfined" shall mean not securely
restrained in such a manner that will allow the dog to come into
physical contact with anyone lawfully in such premises, unless the
person lawfully in such premises has specifically consented to
such dog being unrestrained while in his or her presence.
B. When such dog is outdoors, "unconfined" shall mean not confined
in a securely enclosed and locked pen or structure upon the
premises of the person owning, harboring or having the care,
custody or control of the dog. Such pen or structure must have
secure sides and a secure top. If the pen or structure has no
bottom secured to the sides, the sides must be embedded, into the
ground not less than one foot.
(b) No person owning, harboring or having the care, custody or control of a vicious
dog shall permit such dog to go unconfined on the premises where such dog is located.
(c) No person owning, harboring or having the care, custody or control of a vicious
dog shall permit such dog to go beyond the premises of such person unless such dog is securely
leashed and muzzled or otherwise securely restrained and muzzled.
(d) No person shall own or harbor any dog for the purpose of dog fighting, nor shall
any person train, torment, badger, bait or use any dog for the purpose of causing or
encouraging such dog to make unprovoked attacks upon human beings or domestic animals.
(e) No person under the age of 18 years of age shall own, harbor or have the care,
custody or control of a vicious dog.
(f) No person shall possess with intent to sell, or offer for sale, or breed, or buy or
attempt to buy, within the City, any vicious dog.
(g) This section is necessary control on the unrestrained activities of vicious animals
which threaten the safety and pleasantness of the use of streets, parks, sidewalks, yards and all
other areas of the City. Neither ignorance of this section nor the absence of intent to violate the
same are valid defenses to a prosecution for violation thereof.
2003 Replacement
618.13 GENERAL OFFENSES 80
(h) Any vicious dog which attacks a human being or another domestic animal may
be ordered destroyed when, in the judgment of the court, such vicious dog represents a
continuing threat of serious harm to human beings or other domestic animals.
(i) Any animal warden, police officer or other person authorized by the Mayor or
Police Chief may impound an animal which has bitten or attacked a person or other animal
without sufficient provocation. If, within ten days after such impounding, the owner fails to pay
the cost of impounding and to make suitable arrangements for the immediate and permanent
removal of such animal from the City, such animal may be destroyed unless it is deemed
advisable to keep it under observation for a longer period of time, in which case the owner shall
be given additional time within which to pay such cost and to dispose of the animal.
(j) In addition to the penalty provided for in division (k) of this section, whoever
violates any of the provisions of this section shall pay all expenses, including shelter, food,
veterinary expenses for identification or certification of the breed of the animal, boarding and
veterinary expenses necessitated by the seizure of the dog for the protection of the public, and
such other expenses as may be requested for the destruction of any such dog.
(k) Whoever violates any of the provisions of this section is guilty of a misdemeanor
of the third degree for a first offense. For a second offense, such person is guilty of a
misdemeanor of the second degree. For a third offense, such person is guilty of a misdemeanor
of the first degree. If any violation of this section, regardless of the number of prior violations,
results in any type of physical harm to a person or domestic animal, the offender shall be guilty
of a misdemeanor of the first degree.
(Ord. 31-95. Passed 3-27-95; Ord. 206-98. Passed 12-21-98.)

618.16 LIMITATIONS UPON ANIMALS WITHIN CITY LIMITS.
(a) No person shall keep or harbor any farm animals, wild animals and/or fowl
within the corporate limits of the City unless such person is the owner, or has the legal right to
possession, of a minimum of two acres of land on which said animals and/or fowl are kept or
harbored.
(b) Any person keeping or harboring such an animal(s), as defined in division (d) of
this section, shall have 15 days after receipt of notice of violation to remove said animal(s) from
the property, or the City will remove said animal(s) at the expense of the person owning,
keeping or harboring such animal(s).
2003 Replacement
618.17 GENERAL OFFENSES 82
(c) No person shall keep or harbor more than one pit bull dog at his or her residence.
(d) No person shall feed any farm animals, wild animals and/or fowl within the
corporate limits of the City, unless permitted to keep or harbor such animals under the
exception in division (a) of this section.
(e) As used in this section:
(1) "Farm animals" means cows, bulls, goats, swine, sheep, donkeys, cattle,
llamas, emus and all other equidae, bovidae and suidae.
(2) "Fowl" means chickens, ducks, geese, roosters, pheasants, turkeys,
peacocks, guinea hens and all other wild or domestic fowls.
(3) "Wild animals" means bears, deer, wolves, foxes, skunks, raccoons,
monkeys, apes and any other animal that by its nature is not
domesticated.
(f) Whoever violates this section is guilty of a minor misdemeanor. A separate
offense shall be deemed committed each day during or on which