Massillon, Ohio
Pit Bull Restrictions beyond that of State Law
additional confinement issues and illegal to sell or breed
505.17 SALE OF PIT BULL TERRIERS.
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(a) No person shall possess with intent to sell, sell, or offer for sale, or buy or attempt to buy, within the City any pit bull terrier as defined in Section 505.16(c)(2)C. |
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(b) Whoever violates this section shall be fined not more than one thousand dollars ($1,000), or imprisoned for not more than sixty days, or both. |
(Ord. 12-1987. Passed 2-16-87.)
505.16 VICIOUS DOGS.
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(a) For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them. |
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(1) A vicious dog as the term is used herein means: |
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A. Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals. |
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B. Any dog that attacks a human being or domestic animal more than one time without provocation. |
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C. Any Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier breed of dog or any mixed breed of dog that contains as an element of breeding, the breed of Staffordshire bull terrier, American pit bull terrier or American Staffordshire terrier. |
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(2) Owner: Any adult (18 and older) that owns, keeps, possesses, maintains, or has care of, custody of, or control of an animal. |
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(3) Muzzle: A leather, wire, or device when fitted over the dog’s snout, prevents biting and eating. |
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(4) At large: Off the premises of the owner. |
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(5) Legal confinement: |
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A. Inside a residence. |
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B. Restrained by means of a collar, a chain type leash no longer than six feet and held by a person no younger than 18 years of age. Muzzles must be worn any time dog is off owner’s premises. |
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C. Outside in an approved structure. Structure must be locked at all times. Structure must have a roof or top that is attached to the sides of the pen. Height requirement of six feet. Structure must have an attached floor with sides embedded no less than twelve inches into the ground. Structure material must be good quality chain link or material equal in strength. No wood structures permitted. |
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(b) Legal requirements for vicious dogs:
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(1) Annually, between January 2nd and January 31st., and whenever a new dog is obtained the owner must register such dogs with the Animal Control Officer. |
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(2) Identifying the dog as registered by having such dog wear at all times a green flourescent collar along with its regular collar. Collars are available through the Animal Control Officer. The City requires a fee for the collar. |
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(3) Owners of vicious dogs will allow property inspections by Animal Control to assure confinement requirements are met. Color photo of dog required and to be submitted by owner or to obtain by Animal Control. |
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(4) Owners of vicious dogs are required to have all dogs over seven months spayed or neutered. |
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(5) Owners of vicious dogs are required to carry one hundred thousand dollars ($100,000.00) liability insurance per dog. |
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(6) Owners of vicious dogs are required within twenty-four hours to obtain a complete transfer of dog certificate if the dog is moved to another location. |
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(7) Owners of vicious dogs are required to report immediately to Police or Animal Control if such dogs are stolen or escape. |
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(8) Owners of vicious dogs, by virtue of the dog’s nature are strictly and wholly financially liable for any damages while off the premises and on the premises if not exclusively controlled by the owner. |
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(c) Penalty.
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(1) Whoever violates any provision of 505.16(b)(2), (6) or (7) is guilty of a minor misdemeanor for the first offense. For each subsequent offense such person is guilty of a misdemeanor of the fourth degree. |
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(2) Whoever violates any provision of 505.16(b)(1), (3) and (4) is guilty of a misdemeanor of the fourth degree. For each subsequent offense such person is guilty of a misdemeanor of the third degree and shall be subject to a mandatory non-suspendable fine of five hundred dollars ($500.00). |
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(3) Whoever violates any provision of 505.16(b)(5) is guilty of a misdemeanor of the first degree. For each subsequent offense such person shall be subject to a mandatory non-suspendable fine of one thousand dollars ($1,000). |
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(4) Whoever violates any provision of 505.16(a)(5)C. is guilty of a misdemeanor of the first degree. For any subsequent offense the owner forfeits the dog in question and shall also be subject to mandatory non- suspendable fine of one thousand dollars ($1,000). |
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(5) Whoever violates 505.16(a), (5)B., is guilty of a minor misdemeanor. Any vicious dog in the custody of any person under the age of eighteen (18) shall be subject to immediate seizure with such minor’s parent or guardian being guilty of a misdemeanor of the first degree and mandatory forfeiture of the animal. |
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(Ord. 210-2002. Passed 11-18-02.)