004-02 OrdinanceRECORD OF ORDINANCES
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Ordinance No ...................04-02................................ Passed .................................................................., .......................
YEAR
AN ORDINANCE AMENDING SECTIONS 91.29
AND 91.99 OF THE DUBLIN CODIFIED ORDINANCES
REGARDING DANGEROUS AND VICIOUS DOGS
WHEREAS, Council desires to amend the prior legislation regarding the possession of
dangerous and vicious dogs; and
WHEREAS, Council desires to enact more stringent requirements regarding the control
and registration of dangerous and vicious dogs; and
WHEREAS, Council desires to preserve and promote the health and safety of the City by
enacting stricter requirements for owning a dangerous or vicious dog; and
WHEREAS, Council desires to preserve and promote the health and safety of the City
and its residents by requiring liability insurance for any person who owns a vicious dog;
and
WHEREAS, Council believes that stricter requirements and enforcement of regulations
relating to the ownership of dangerous and vicious dogs will promote the health and safety
of the City and its residents:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~_ of the elected members concurring as follows:
Section 1. That Section 91.29 of the Dublin Codified Ordinances regulating the
dangerous and vicious dogs, be created as follows:
91.29 CONFINEMENT OF DOGS; DANGEROUS OR VICIOUS DOGS;
DEBARKED OR SURGICALLY SILENCED VICIOUS DOGS
(A) As used in this section, "dangerous dog" and "vicious dog" have the same
meanings as in Section 91.28 of the Dublin Code.
(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 locked pen that has a top, a locked
fenced yard with a fence at the maximum height allowed by law, or other
locked enclosure that has a top, except that a dangerous dog may, in the
alternative, be tied with a leash 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 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 with a fence at the maximum height allowed by law, or other
locked enclosure that has a top;
(b) Have the leash controlled by a person who is of suitable age
and discretion or securely attach, tie, or affix the leash 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.
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Ordinance No ....................................04-02................. Passed ...........................................................Page....................
(C) No owner, keeper, or harborer of a vicious dog shall fail to file with the
Dublin Division of Police proof of 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 because of damage or bodily injury to or death of a person caused
by the vicious dog.
(D) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason
to believe is a vicious dog;
(2) Possess a vicious dog if the person knows or has reason to believe that
the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under
division (E) of this section that the person's dog is not a vicious dog or
otherwise provide false information on that written waiver form.
(E) Before a veterinarian debarks or surgically silences a dog, the veterinarian may
give the owner of the dog a written waiver form that attests that the dog is not a
vicious dog. The written waiver form shall include all of the following:
(1) The veterinarian's license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as
well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner's dog is
not a vicious dog;
(5) A statement that division (D) of section 91.29 of the Dublin Code
prohibits any person from doing any of the following:
(a) Debarking or surgically silencing a dog that the person knows
or has reason to believe is a vicious dog;
(b) Possessing a vicious dog if the person knows or has reason to
believe that the dog has been debarked or surgically silenced;
(c) Falsely attesting on a waiver form provided by the veterinarian
under division (E) of section 91.29 of the Dublin Code that the
person's dog is not a vicious dog or otherwise provide false
information on that written waiver form.
(F) It is an affirmative defense to a charge of a violation of division (D) of this
section that the veterinarian who is charged with the violation obtained, prior to
debarking or surgically silencing the dog, a written waiver form that complies
with division (E) of this section and that attests that the dog is not a vicious dog.
Section 2. That Sections 91.99 of the Dublin Codified Ordinances be amended to
include the following:
91.99 PENALTY
(H) If a violation of division (B) of section 91.29 of the Dublin Code involves a
dangerous dog, whoever violates that division 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
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Ordinance No .....................................04-02................ Passed ...........................................................Page. 3...................
supervise the dangerous dog that the offender 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 division (C) of section
91.29 of the Dublin Code. 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 division (B) of section 91.29 of the Dublin Code involves a
vicious dog, whoever violates that division is guilty of one of the following:
(1) A felony of the fourth degree 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 of the
fourth degree on each subsequent offense. 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.
(3) A misdemeanor of the first degree if the dog causes injury, other than
killing or serious injury, to any person. Following a third offense, the
court shall order the vicious dog to be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane society.
(J) Any vicious animal, as defined by Dublin Code section 91.28, that has been the
subject of three or more violations of Dublin Code section 91.29 shall be banned
from the City of Dublin.
(K) Whoever violates division (C) of section 91.29 of the Dublin Code is guilty of
a misdemeanor of the first degree.
(L) Whoever violates division (D)(1), (2), or (3) of section 91.29 of the Dublin
Code is guilty of a felony of the fourth degree. 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.
Section 3. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare and to protect citizens
form dangerous and vicious animals. Therefore, this ordinance shall go into immediate
effect.
Passed this thepday of January, 2002.
Mayor - Presiding O icer
ATTEST:
~i~v
Clerk of Council
I hereby ct*r~i'sty r!;at conies of ii.is Ordititancei Resolution were posted i the
City of tlublin in accordance wztii Section 731.25 of the ahio Revised C de.
Qq~, Cte of Council, Dustin, Ohio