(a)     (1)     “Dangerous dog” has the same meaning as set forth in Ohio R.C. 955.11.

          (2)     “Vicious dog” has the same meaning as set forth in Ohio R.C. 955.11 and shall include in addition any breed of dog that is commonly known as a “pit bull dog”.  This includes any Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier breed of dog, or mixed breed of dog which contains as an element of its breeding, the breed of Staffordshire Bull Terrier, American Pit Bull Terrier or American Staffordshire Terrier as to be identifiable as particularly of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.

          (3)     “Injury” means any tear or breaking of an individual’s flesh as a result of a hostile contact by a dog.

     (b)     Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a vicious dog shall:

          (1)     Register the dog with the Police Department annually, between January 2 and January 20, and within 30 days when a vicious dog is obtained;

               (Ord. 2001-24.  Passed 6-18-01.)

          (2)     At the time of registration, provide an Accord Certificate of Liability Insurance or similar form naming the City as the certificate holder in the amount set forth in Section 505.01(f);
(Ord. 2002-11.  Passed 9-23-02.)

          (3)     Notify the Police Department within seventy-two hours if the dangerous or vicious dog has died or has been sold or donated, and provide the Police Department with the name, address and telephone number of the new owner; and

          (4)     Pay an annual registration fee of twenty-five dollars ($25.00) to cover the administrative expenses associated herewith.

          (5)     Have their dog spayed or neutered.

          (6)     Upon moving into the City of Wauseon register their dog within thirty days and have the dog spayed or neutered within thirty days.

     (c)     No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is properly in leash.

     (d)     No owner, keeper or harborer of any dog shall fail at any time to do the following:

          (1)     Keep the dog either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, secure enclosure or supervision so as to prevent escape, or

          (2)     Have the dog under the reasonable control of some person.

     (e)     No owner, keeper or harborer of a dangerous or vicious dog shall fail to do any of the following:

          (1)     While the 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, locked fenced yard, or other locked enclosure which 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 the dog is off the premises of the owner, keeper or harborer, keep it on a chain link leash or tether that is no more than six feet in length and, in addition, do at least one of the following:

               A.     Keep the dog in a locked pen which has a top, locked fenced yard, or other locked enclosure which 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 a stationary object or fixture in such a manner that the dog is restrained and station the individual aforesaid in such proximity to that dog so as to prevent the dog from causing injury to any person;

               C.     Muzzle the dog. 
(Ord. 2001-24.  Passed 6-18-01.)

     (f)     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 three hundred thousand dollars ($300,000)  because of damage or bodily injury to or death of a person caused by a vicious dog. 
(Ord. 2002-11.  Passed 9-23-00.)

     (g)     Whoever violates subsection (c) or (d) hereof shall be guilty of a minor misdemeanor and may be fined not more than one hundred dollars ($100.00) for each offense.

     (h)     Whoever violates subsection (b) hereof shall be guilty of a misdemeanor of the third degree and may be fined not more than five hundred dollars ($500.00) and may be incarcerated for a period of time not to exceed sixty days.

     (i)     Whoever violates subsection (e) or (f) hereof shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) and may be incarcerated for a period of up to six months.

     (j)     In the event an owner, keeper or harborer of any dangerous or vicious dog has violated any of the requirements set forth in subsection (e) hereof and provided further that such vicious dog has caused serious injury or death to any individual, the Court shall order, in addition to any other penalties, that the dog be removed from the City of Wauseon within ten days of the date of conviction, or three days after completion of any quarantine period ordered by any agency, whichever is greater, and that the dog be humanely destroyed by a licensed veterinarian, the county dog warden or the county humane society at the owner, keeper or harborer’s expense.

     (k)     The Court shall order, in addition to any other penalties set forth herein, the owner, keeper or harborer of any dog who, while off premises, causes injury (other than serious injury or death) to any individual, to enroll such dog in a dog obedience training school within seven days of conviction of any offense under this section.  If the owner, keeper or harborer fails to enroll such dog in a dog obedience training school within the prescribed time limit or fails to complete the dog obedience training within any time limit set by the Court, the dog shall be humanely destroyed by a licensed veterinarian, the county dog warden or the county humane society at the owner, keeper or harborer’s expense.

     (l)     Whoever fails to comply with any provision of Section 505.01(b) is guilty of a misdemeanor of the third degree.  Each and every day during such period of noncompliance with this section shall be deemed a separate offense.  (Ord. 2001-24.  Passed 6-18-01.)

     (m)     The Chief of Police is hereby directed to prepare a registration form consistent with the provisions of Section 505.01 et seq. 
(Ord. 2002-11.  Passed 9-23-02.)

     (a)     No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a dog within the City when such dog has been banned by order of a court of competent jurisdiction from any municipality, county, township or other political subdivision.

     (b)     Compliance with the requirements of this chapter is not a defense to a violation of this section.

     (c)     No person shall own, keep, possess, harbor, maintain or have the care, custody or control of more than one vicious dog within the City of Wauseon.

     (d)     Whoever violates this section is guilty of a misdemeanor of the first degree.

(Ord. 2001-24.  Passed 6-18-01.)