(a)     Definition of Dangerous Dog.  As used in this section, "dangerous dog" means:

          (1)     Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

          (2)     Any dog which attacks a human being or domestic animal without provocation; or

          (3)     Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or

          (4)     No dog shall be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it. 

     (b)     Definition of Vicious Dog.  As used in this section, "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 another dog;

          (3)     Belongs to a breed commonly known as a pit bull dog, or to a breed commonly known as the canary dog (Perro de Presa Canario).  The ownership, keeping, or harboring of these breeds of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog. 

          (4)     Vicious dog 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 in the performance of their official duties.

               B.     A dog 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 dog. 

     (c)     Confinement Requirement.  No person owning or harboring or having the care or custody of a dangerous dog or vicious dog shall suffer or permit such dog to go unconfined on the premises of such person.   A dangerous dog or vicious dog is "unconfined," as the term is used in this section, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of the person.  Such pen or dog run area shall also have sides six feet high and a secure top.  If the pen or structure has no bottom secured to the sides, or if a dog is a type which burrows, the sides shall be imbedded into the ground no less than one foot.

     (d)     Off Premises.  No person owning or harboring or having the care of a dangerous dog or vicious dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.  Said restraint shall be under the direct control of a person who is of suitable age and discretion or shall be securely attached, tied or affixed to the ground or a stationary object or fixture so that the dog is adequately restrained and such person shall be stationed in close enough proximity as to prevent the dog from causing injury to any person. 

     (e)     Prohibition of Fighting or Attack Dogs.  No person shall own 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 the dog to unprovoked attacks upon human beings or domestic animals. 

     (f)     Debarking or Surgically Silencing Dogs.  No person shall debark or surgically silence a dog that the person knows or has a reason to believe is a vicious dog or possess a vicious dog if the person knows or has a reason to believe that dog has been debarked or surgically silenced. 

     (g)     Prohibition of Selling, Breeding or Buying Dangerous Dog.  No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the City any dangerous dog.

     (h)     Notice of Dangerous Dog or Vicious Dog Determination.  If the Animal Control Officer determines that a dangerous dog or vicious dog is being kept within the City, the Animal Control Officer shall then determine the individual, firm or corporation who from the records in Auditor’s office of Summit County, appears to be the owner of the dog, or if such information is not available, the titled owner of the property upon which the dog is kept, and shall, within five (5) days, cause a written notice to be served on such owner.  Notice shall be served by certified mail with a return receipt requested. If service of such written notice is unable to be perfected, the Animal Control Officer shall cause a copy of the aforesaid notice be served by ordinary mail which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there is no individual in possession of the premises, he shall cause a copy of the notice to be posted on the premises.

     The notice shall state the findings with respect to the dangerous or vicious nature of the dog.  The notice shall further state that the owner must comply with the requirements of this section within Thirty (30) days after service of the notice.

     (i)     Appeal of Dangerous Dog or Vicious Dog Determination.  The owner of a dog who has been served with a notice pursuant to paragraph (h) of this Section may, within Seven (7) days after receipt of such notice, make a written demand to the Director of Public Safety for a hearing on the question of whether the dog is dangerous or vicious as defined in paragraph (a) of this Section.

     Every effort should be made to hold a hearing no later than Ten (10) days following receipt of written demand to the Director of Public Safety and at least Three (3) days notice of the hearing shall be given to the individual who made the written demand for hearing. 

     (j)     Permit Requirements.  In the event a dog has been determined dangerous or vicious, the Animal Control Officer shall issue a special permit for the keeping or maintenance of a dangerous animal if after inspection and investigation by the Animal Control Officer, it is found that: 

          (1)     The animal is at all times kept or maintained in a safe manner, that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life, domestic animals, or the property of others. 

          (2)     Adequate safeguards are made to prevent unauthorized access to such animal by members of the public. 

          (3)     The health or well being of this animal is not in any way endangered by the manner of keeping or confinement. 

          (4)      The quarters in which such animal is kept are adequately constructed that they may be kept in a clean and sanitary condition. 

          (5)     The applicant for such special permit proves his ability to respond in damages in a single limit amount of one hundred thousand dollars ($100,000) for bodily injury to, or death of, any person, domestic animal, or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal.  Proof of liability to respond in damages may be given by filing with the Stow Animal Control Officer a certificate of insurance from an insurance company authorized to do business in the State stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages.  Such certificate of insurance shall provide that no cancellation of the insurance will be made unless ten days notice is given to the Stow Animal Control Officer. 

          (6)     Every three months, the Stow Animal Control Officer shall renew such permit only upon an inspection of the subject premises and a finding that all criteria are met.  Should the Animal Control Officer determine during any such inspection that any of the conditions therein specified are being violated, he shall refuse to renew any such permit, or he shall revoke any such permit in the event that such violation is not corrected within such period of time as he directs and the Animal Control Officer shall petition a court of competent jurisdiction for the removal of such dangerous dog. 

          (7)     A separate permit is required for the keeping of each dangerous or vicious dog. 

     (k)     Seizure or Impoundment of Dangerous Dog or Vicious Dog.  In the event that a law enforcement agent has probable cause to believe that a dangerous dog or vicious dog is being harbored, cared for, or housed in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog or vicious dog pending trial.

     (l)     Penalty.

          (1)     Whoever violates this section shall be guilty of a misdemeanor of the first degree.  Whoever is found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted and may be imprisoned for a term not to exceed six months.

          (2)     Any dangerous dog or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment, such dangerous dog or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.

          (3)     Whoever violates any provision of this section shall pay all expenses, including shelter, food and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of such dog.

               (Ord. 2004-254.  Passed 11-11-04.)