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City of Oregon Dog Related Ordinances

 

Please contact the City of Oregon for any questions related to these ordinances.

 

505.01   Animals running at large.

505.02   Impounding and disposition; records.

505.03   Annual registration of dogs; tags required.

505.04   Abandoning animals.

505.05   Killing or injuring animals.

505.06   Poisoning animals.

505.07   Cruelty to animals generally.

505.071   Cruelty to companion animals.

505.08   Nuisance conditions prohibited.

505.09   Barking or howling dogs.

505.10   Animal bites; reports and quarantine.

505.11   Hunting, trapping prohibited; exception.

505.14   Report of escape of exotic or dangerous animal.

505.15   Rabies immunization required.

505.16   Confinement or restraint of a dog; liability insurance.

505.99   Penalty.

 

505.01  ANIMALS RUNNING AT LARGE.
   (a)   No person who is the owner or keeper of cats, horses, mules, cattle, sheep, goats, swine, geese, or other fowl or animals, shall permit them to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or cause such animals to be herded, kept, or detained for the purpose of grazing on premises other than those owned or lawfully occupied by the owner or keeper of such animals.
(Ord. 190-2001.  Passed 9-10-01.)
 
   (b)   The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
 
 
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 183-1999.  Passed 10-11-99.)
 
505.02  IMPOUNDING AND DISPOSITION; RECORDS.
   (a)   A police officer or animal warden may impound every animal or dog found in violation of Section 505.01.  If the dog is not wearing a valid registration tag and the owner is not otherwise reasonably determined, notice shall be posted in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.  If the dog is wearing a valid registration tag or the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the dog has been impounded and unless redeemed within fourteen days of the date of notice, it may thereafter be sold or destroyed according to law.  Any dog seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if it has none.
 
   (b)   A record of all dogs impounded, the disposition of the same, the owner’s name and address where known, and a statement of any costs assessed against the dog shall be kept by any poundkeeper.
 
505.03  ANNUAL REGISTRATION OF DOGS; TAGS REQUIRED.
   (a)   Except for guide dogs registered under Ohio R.C. 955.011 and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor.  Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
 
505.04  ABANDONING ANIMALS.
   (a)   No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. 
(ORC 959.01)
 
   (b)   Whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(ORC 959.99)
 
505.05  KILLING OR INJURING ANIMALS.
   (a)   No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another.  This section does not apply to a licensed veterinarian acting in an official capacity.
(ORC 959.02)
 
   (b)   Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.
(ORC 959.99(B))
 
505.06  POISONING ANIMALS.
   (a)   No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.  This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.03)
 
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 959.99)
 
505.07  CRUELTY TO ANIMALS GENERALLY.
   (a)   No person shall:
      (1)   Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
      (2)   Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer.  This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter.  For the purpose of this section, “shelter” means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth’s contour, tree development or vegetation;
      (3)   Carry or convey an animal in a cruel or inhuman manner;
      (4)   Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
      (5)   Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock to be so crowded as to overlie, crush, wound or kill each other.
 
   (b)    Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor.  This section does not prevent the dehorning of cattle.
(ORC 959.13)
 
   (c)     Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock.  If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner.  The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. 
(ORC 959.99)
 
505.071 CRUELTY TO COMPANION ANIMALS.
   (a)   As used in this section:
      (1)   “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept.  “Companion animal” does not include livestock or any wild animal.
      (2)   “Cruelty”, “torment” and “torture” have the same meanings as in Ohio R.C. 1717.01.
      (3)   “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
      (4)   “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
      (5)   “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
      (6)   “Federal animal welfare act” means the “Laboratory Animal Act of 1966″, Pub.  L.  No.  89-544, 80 Stat.  350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the “Animal Welfare Act of 1970″, Pub.  L.  No.  91-579, 84 Stat.  1560 (1970), the “Animal Welfare Act Amendments of 1976″, Pub. L.  No.  94-279, 90 Stat.  417 (1976), and the “Food Security Act of 1985″, Pub.  L.  No.  99-198, 99 Stat.  1354 (1985), and as it may be subsequently amended.
      (7)   “Dog kennel” means an animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel or a training kennel.
 
   (b)   No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.
 
   (c)   No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
      (1)   Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (2)   Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (3)   Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (4)   Needlessly kill the companion animal;
      (5)   Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment in any of those specified manners.
 
   (d)   No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
      (1)   Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (2)   Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable relief, against the companion animal;
      (3)   Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (4)   Needlessly kill the companion animal;
      (5)   Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment or confinement in any of those specified manners.
 
   (e)   Subsections (b), (c) and (d) of this section do not apply to any of the following:
      (1)   A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
      (2)   The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
      (3)   Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
      (4)   The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
      (5)   The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741.
         (ORC 959.131)
 
   (f)   (1)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree on a first offense.  On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
      (3)   Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree.
      (4)   A.   A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care.  The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
         B.   A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132.
      (5)   If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling.  The court shall order the offender to pay the costs of the evaluation or counseling.  (ORC 959.99)
 
505.08  NUISANCE CONDITIONS PROHIBITED.
   (a)   No owner shall allow or permit his dog to commit a nuisance on any public property or any improved private property other than that of the owner or person who has accepted custody of such dog, provided that the foregoing shall not apply to street gutters.
(Ord. 83-1968.  Passed 5-28-68.)
 
   (b)    Whoever violates this section is guilty of a minor misdemeanor.
 
505.09  BARKING OR HOWLING DOGS.
   (a)   No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality.  Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
 
505.10  ANIMAL BITES; REPORTS AND QUARANTINE.
   (a)    Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. Whenever it is reported to the Health Commissioner that any dog or cat has bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner.  The dog or cat shall be quarantined by its owner or by a harborer, or shall be quarantined in a pound or kennel.  In all cases, such quarantine shall be under the supervision of the Health Commissioner and shall be at the expense of the owner or harborer.  Quarantine shall continue until the Health Commissioner determines that the dog or cat is not afflicted with rabies.  The quarantine period hereby required shall not be less than ten days from the date on which the person was bitten.  If at any time during the quarantine, the Health Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be by a licensed doctor of veterinary medicine.  The veterinarian shall report to the Health Commissioner the conclusions reached as a result of the examinations.  The examination by a veterinarian shall be at the expense of the owner or harborer.  No dog or cat shall be released from the required quarantine unless and until it has been properly vaccinated against rabies.
   No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptoms or behavior suggestive of rabies.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
 
505.11 HUNTING, TRAPPING PROHIBITED; EXCEPTION.
   (a)    No person shall hunt or trap any wild bird or wild quadruped within the limits of the City except in such areas as designated in subsections (c), (f), and (g) hereof. For purposes of this section, “hunting” means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds whether such acts result in killing or wounding or not. For purposes of this section, “trapping” means securing or attempting to secure possession of a wild bird or wild quadruped by means of setting, placing, drawing, or using any device that is designed to close upon, hold fast, confine, or otherwise capture a wild bird or wild quadruped whether such means result in such capturing or not.
 
   (b)    Nothing herein shall preclude or prohibit the capture and/or the disposal of wild pigeons, starlings, dangerous animals or birds, pests or vermin that are a threat to persons or property and the subsequent destruction of the same by proper and humane methods, provided that such trapping, capture and destruction is accomplished in compliance with such rules and regulations of this section and the State of Ohio.
 
   (c)    Hunting is permitted in that portion of the City lying easterly of a line commencing at a point at the south City limits and South Coy Road, then in a northerly direction to Brown Road, then in an easterly direction to South Lallendorf Road, then in a northerly direction to Navarre Avenue, then, in an easterly direction to South Wynn Road, then in a northerly direction to Starr Avenue, then in a westerly direction to South and North Lallendorf Roads, then in a northerly direction to Cedar Point Road, then in an easterly direction to North Wynn Road, then in a northerly direction to Jacobs Road (Eagles Landing Drive) – Section 24 – and Grissel in the South Shore Park Area, then in an easterly direction to Lagundovie Road, then in a northerly direction to Bay Shore Road, then in an easterly direction to the easterly City limits, then south along the easterly City limit line to the south City limits, then west along the southerly City limit line to a point of beginning, in the City of Oregon, Lucas County, Ohio.
 
   (d)    It shall be unlawful for any person to discharge a firearm within four hundred (400) feet of any structure without the prior permission of the landowner or tenant, or to shoot from, on, across, or along a public road or highway.
 
   (e)    It shall be unlawful for any person to hunt or trap upon the lands of another without obtaining written permission from the landowner or the landowner’s authorized agent.
 
   (f)    Archery hunting is permitted, in addition to the area defined by subsection (c) hereof, on any single parcel of land in the City which is at least five (5) acres in area. For purposes of this section, “archery” means use of longbow, crossbow, recurve, or compound bow.
 
   (g)    Trapping will be permitted in the City of Oregon with the following restrictions:
      (1)    It shall be unlawful for any person to use a trap for the purpose of capturing wild birds or wild quadrupeds which may cause death or injury to persons, domestic or wild animals (live box traps and snare traps are permitted).
      (2)    It shall be unlawful for any person to set or use a trap to capture wild birds or wild quadrupeds unless such trap has attached thereto a durable waterproof tag bearing the name and mailing address of the user in English letters legible at all times, or which has the name and mailing address of the user stamped into such trap in English letters legible at all times.
      (3)    All traps must be checked at least every twenty-four (24) hours.
      (4)    It shall be unlawful for any person to possess such live-trapped animals longer than sixty-five (65) days from the time of capture.
 
   (h)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 111-1997. Passed 5-27-97.)
 
505.14  REPORT OF ESCAPE OF EXOTIC OR DANGEROUS ANIMAL.
   (a)   The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:
      (1)   A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and
      (2)   The Clerk of the Municipal Legislative Authority.
 
   (b)   If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with subsection (a) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
 
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree. 
(ORC 2927.21)
 
505.15  RABIES IMMUNIZATION REQUIRED.
   (a)    Any person who owns, keeps or harbors a dog or cat within the
City limits shall keep such dog or cat immunized or re-immunized against rabies, by a method listed in the U.S. Department of Health, Education and Welfare Center for Disease Control Animal Rabies Compendiums or any other method approved by the Health Commissioner, so that the dog or cat is continually protected against contracting rabies. Provided, however, dogs and cats need not be immunized before reaching the age of three months.
 
   (b)    Dogs or cats entering the City temporarily for dog or cat shows, exhibition and/or breeding purposes shall not be allowed out of the owner’s, keeper’s or handler’s control unless properly immunized, and all dogs or cats entering this jurisdiction for field trials or hunting purposes, or any other purpose shall be properly immunized.  All such immunized dogs and cats shall be accompanied by an immunization certificate supplied by the veterinarian who immunized the dog or cat.
 
   (c)    All veterinarians immunizing dogs or cats against rabies shall keep a record of such immunization or re-immunization and shall, at the time of such immunizing or re- immunizing give the owner, keeper or harborer of the animal a certificate of immunization which shall include a number identifying the individual record,  a complete description of the animal, the place where the animal is kept or harbored,  the name and address of the owner, keeper or harborer of the animal, date and type of immunization or re-immunization and such other pertinent information as needed along with the signature and typed name and address of the veterinarian.  The veterinarian shall forward a copy of the certificate to the Health Commissioner within thirty days of its issuance. The Health Commissioner shall then forward a copy thereof to the  Lucas County Dog Warden.
 
   (d)    The certificate described in subsection (c) hereof shall be made on multiple copy forms certified by the Health Commissioner.
 
   (e)    Nothing in this section shall be interpreted to mean that dogs or cats immunized or re-immunized shall be allowed to run at large in violation of  any rabies quarantine law, ordinance or regulation.
 
   (f)    All veterinarians who immunize or re-immunize a dog  against rabies shall provide a tag approved by the Health Commissioner, which shall have thereon permanently affixed the year of immunization or re-immunization and the number indicating the record prescribed in subsection (c) hereof.  Such tag shall be securely fastened to the collar and/or harness worn by the dog.
 
   (g)    No veterinarian or person who owns, keeps or harbors a dog or cat shall be required to provide or obtain a certificate for a rabies immunization or re-immunization administered before the date this section takes effect.  However, the provisions of this section shall be complied with at the time of re-immunization thereafter or the time the current immunization or re-immunization loses its effectiveness, whichever is earlier.
 
   (h)   Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day’s violation shall constitute a separate offense.
(Ord. 134-1997. Passed 7-28-97.)
 
505.16  CONFINEMENT OR RESTRAINT OF DOG; LIABILITY INSURANCE.
   (a)   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, 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 person;
            2.   Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
            3.   Belongs to a breed that is commonly known as a Pit Bull dog.  The ownership, keeping or harboring of such a breed of 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.
      (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.
 
   (b)   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.
 
   (c)   No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape, or under reasonable control of some person, except when the dog is lawfully engaged in hunting accompanied by the owner, keeper or harborer or handler.
 
   (d)   No owner, keeper or harborer of a dangerous or 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 the owner, keeper, harborer or a handler:
      (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, 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 that dog is off the premises of the owner, keeper or harborer, keep it 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 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 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.
 
   (e)   No person or organization or corporation shall own, keep, harbor or provide sustenance for more than one vicious dog, as defined in subsection (a)(4) hereof, or dog commonly known as a Pit Bull or Pit Bull mixed breed dog, regardless of age, in the City, with the exception of puppies commonly known as Pit Bull or Pit Bull mixed breed for which the owner has filed an ownership acknowledge form in person with the Dog Warden of Lucas County, prior to the puppies’ reaching seven days of age.  The ownership of those puppies must be transferred according to the Ohio R.C. 955.11 before they are three months of age.  Additionally, all vicious dogs, as described in the Ohio Revised Code, or dogs commonly known as Pit Bull or Pit Bull mixed breed dogs are required, when off the owners’ premises, to be securely confined as described in subsection (d)(2) hereof and muzzled.
 
   (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 one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. 
(ORC 955.22)
 
   (g)   (1)   Whoever violates subsections (b) or (c) hereof shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
      (2)   In addition to the penalties prescribed in subsection (g)(1) hereof, if the offender is guilty of a violation of subsection (b) or (c) hereof, the court may order the offender to personally supervise the dog that he owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
 
   (h)   If a violation of subsection (d) hereof involves a dangerous dog, whoever violates this 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 (f) hereof.  The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
 
   (i)   If a violation of subsection (d) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
      (1)   A felony of the fourth degree to be prosecuted under the appropriate state law on a first or subsequent offense if the dog kills or seriously injures a person.  Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
      (2)   A misdemeanor of the first degree on a first offense and a felony on each subsequent offense to be prosecuted under the appropriate state law.  Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
 
   (j)   Whoever violates subsections (e) or (f) hereof is guilty of a misdemeanor of the first degree. 
(Ord. 183-1999.  Passed 10-11-99.)
 
505.99  PENALTY.
   (EDITOR’S NOTE:  See Section 501.99 for penalties applicable to any misdemeanor classification.)