Shaker Heights, Ohio

Pit Bull Restrictions above and beyond State law

 705.07 VICIOUS DOGS.
     (a)     No owner, keeper or harborer of a vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter:
 

		(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, or other locked enclosure which has a top, or a locked fenced yard where the dog is secured by a chain-link leash with a minimum tensile strength of three hundred (300) pounds, and additionally, post a sign conspicuously upon the premises giving notice of a vicious dog.

		(2)     While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash having a minimum tensile strength of three hundred (300) pounds, and that is not more than four feet in length and additionally do at least one of the following:

		A.     Keep that dog in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top;

		B.     Have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog, and that such dog is muzzled at all times while off the premises, except when being examined or treated by a veterinarian.

 
     (b)     No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the State of Ohio providing coverage in each occurrence, subject to a limit, exclusive of interests and costs, of not less than fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person, or damage or injury to any domestic animal or property, caused by the vicious dog.
 
     (c)     Upon the request of a law enforcement agent, or the Director of Public Service or his designate, every owner, keeper or harborer of a vicious dog shall produce the evidence of insurance required pursuant to this section.
 
     (d)     In the event a law enforcement agent, or the Director of Public Works or his designate, has probable cause to believe that a vicious dog is being kept or harbored in violation of subsections (a)(1), (b), (f) or (g) hereof, they may petition the Municipal Court to order the seizure and impoundment of such dog pending trial.  In the event that a law enforcement agent or the Director of Public Works, or his designate, has probable cause to believe that a vicious dog is being kept or harbored in violation of subsection (a)(2) hereof, they may seize and impound the vicious dog pending trial.
 
     (e)     Any locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, as described in this section, shall not be constructed or maintained without first obtaining approval from the City, where such approval is required pursuant to the City's Zoning or Building Codes.
 
     (f)     No person shall own, keep or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.
 
     (g)     No person shall possess with intent to sell, or offer for sale, breed, or purchase or transfer or attempt to purchase or transfer within the City any vicious dog.
 
     (h)     It shall be prima-facie evidence that a dog is vicious, as defined in Section 705.01(d), if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered vicious, based upon the following:
 

		(1)     One or more verified incidents reported to the City that the dog has, without provocation, attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or

		(2)     One or more verified incidents reported to the City that the dog has, without provocation, killed another domestic animal.

 
     (i)     A determination by the Animal Warden that a dog is vicious may be appealed to the Director of Public Works within ten days after receipt of written notice thereof.  Upon appeal, the Director of Public Works shall provide to the dog's owner, keeper or harborer the opportunity to appear before him and present evidence, if any, relative to the appeal.  The owner, keeper or harborer of the dog shall be notified in writing of the Director's decision regarding the appeal, which decision shall be final.
(Ord. 87-99.  Enacted 4-25-88.)