| As used in this section:
| (1) |
| A. |
"Dangerous dog" means a dog that,
without provocation, and subject to subsection (a)(1)B. hereof, 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 that dog 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 not physically
restrained or confined in a locked pen which has a top, locked
fenced yard or other locked enclosure which has a top.
|
| B. |
"Dangerous dog" 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 dog is being used
to assist one or more law enforcement officers in the performance of
their official duties.
|
|
| (2) |
"Menacing fashion" means that a dog
would cause any person being chased or approached to reasonably believe
that the dog 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
in the performance of their official duties.
|
| (4) |
| A. |
"Vicious dog" means a dog that,
without provocation and subject to subsection (a)(4)B. hereof, meets
any of the following:
| 1. |
Has killed or caused serious
injury to any persons;
|
| 2. |
Has caused injury, other than
killing or serious injury to any person, or has killed another
dog;
|
| 3. |
Is a pit bull terrier, the
ownership, keeping or harboring of such a dog shall be
prima-facie evidence of the ownership, keeping or harboring of a
vicious dog.
|
|
| B. |
"Vicious dog" does not include
either of the following:
| 1. |
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;
|
| 2. |
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. |
"Pit bull terrier" as used herein
includes any American Pit Bull Terrier, any Bull Terrier, any
Staffordshire Bull Terrier or American Staffordshire Terrier breed
of dog, or any mixed breed of dog which contains as an element of
its breeding the breed of American Pit Bull Terrier, Bull Terrier,
Staffordshire Bull Terrier or American Staffordshire Terrier as to
be identifiable as partially of the breed of American Pit Bull
Terrier, Bull Terrier, Staffordshire Bull Terrier or American
Staffordshire Terrier.
|
|
| (5) |
"Without provocation" means that a dog
was not teased, tormented or abused by a person, or that the dog 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 dog as a means of
carrying out such activity.
(ORC 955.11)
|
| (6) |
A pit bull terrier, as defined in
subsection (a)(4)C. is conclusively presumed to be a vicious dog,
wherever the term "vicious dog" is used throughout this section.
(Ord. 91-031. Passed 7-17-91.)
|
|
| (b) |
Except when a dangerous or
vicious dog is lawfully engaged in hunting or training for the purpose of
hunting and is accompanied by the owner, keeper, harborer, or handler of the
dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail
to do either of the following:
| (1) |
While that dog is on the premises of
the owner, keeper or harborer, securely confine it at all times in a
building, in a locked pen that has a top, locked fenced yard or other
locked enclosure that has a top, except that a dangerous dog may, in the
alternative, be tied with a leash or tether so that the dog is
adequately restrained;
|
| (2) |
While that dog is off the premises of
the owner, keeper or harborer, keep that dog on a chain-link leash or
tether that is not more than six feet in length and additionally do at
least one of the following:
| A. |
Keep that dog in a locked pen that
has a top, locked fenced yard or other locked enclosure that has a
top;
|
| B. |
Have the leash or tether controlled
by a person who is of suitable age and discretion or securely
attach, tie or affix the leash or tether to the ground or stationary
object or fixture so that the dog is adequately restrained and
station such a person in close enough proximity to that dog so as to
prevent it from causing injury to any person;
|
| C. |
Muzzle that dog.
|
|
|
| (c) |
| (1) |
No owner, keeper or harborer of a
vicious dog 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 one hundred thousand dollars ($100,000) because of
damage or bodily injury to or death of a person caused by the vicious
dog.
|
| (2) |
No person in the Village of Sunbury,
Ohio shall own, possess, or control a pit bull terrier as defined in
subsection (a)(4)C. hereof within the Municipal limits of the Village of
Sunbury, Ohio.
|
| (3) |
This subsection (c) hereof is a
necessary control to eliminate the risk of attack by pit bulls, as
defined herein, on persons in the Village of Sunbury, Ohio, which breed
of dog has become a threat to the health, safety, and welfare of the
public in all areas of the Village; and the lack of knowledge of the
propensity of a pit bull terrier to be dangerous or vicious or the lack
of intent to injure is eliminated as a defense to any attack upon any
person by a pit bull terrier.
(Ord. 91-031. Passed 7-17-91.)
|
|
| (d) |
If a violation of subsection
(b) hereof involves a dangerous dog, whoever violates that subsection 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 offender to personally supervise the dangerous dog
that he owns, keeps or harbors, to cause that dog to complete dog obedience
training, or to do both, and the court may order the offender to obtain
liability insurance pursuant to subsection (c) hereof. The court, in the
alternative, may order the dangerous dog to be humanely destroyed by a
licensed veterinarian, the Dog Warden or the humane society.
|
| (e) |
If a violation of subsection
(b) hereof involves a vicious dog, whoever violates that subsection is
guilty of one of the following:
| (1) |
A misdemeanor of the first degree on a
first offense. Additionally, the court may order the vicious dog to be
humanely destroyed by a licensed veterinarian, the Dog Warden or the
humane society.
|
| (2) |
A misdemeanor of the first degree if
the dog causes injury other than killing or serious injury, to any
person.
|
|
| (f) |
Whoever violates subsection (c)
hereof is guilty of a misdemeanor of the first degree.
(ORC 955.99) |