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90-01 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 ~. Ordinance No. 90-01 Passed _ . 20 AN ORDINANCE ADOPTING SECTIONS 91.28 THROUGH 91.29 AND AMENDING SECTION 91.99 OF THE DUBLIN CODIFIED ORDINANCES REGARDING DANGEROUS AND VICIOUS DOGS, AND DECLARING AN EMERGENCY WHEREAS, Council desires to enact legislation regarding the possession of dangerous and vicious dogs; and WHEREAS, Council desires to enact legislation 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, THERETORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~'' of the elected members concurring as follows: Section 1. That Sections 91.28 through 91.29 of the Dublin Codified Ordinances regulating the dangerous and vicious dogs, be created as follows: 91.28 DEFINITIONS; TRANSFER OF OWNERSHIP CERTIFICATE; FORM STATING DOG'S PRIOR BEHAVIOR (A) As used in this section: (1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, 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 maybe 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 division (A)(4)(b) of this section, meets any of the following: (i) Has killed or caused serious injury to any person; RECORD OF ORDINANCES Dayton Legal Blank, Inc. OCn] NO. JVV4J Ordinance No. 9n-n 1 Passed Pa$~J2-- (ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog. (iii) 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 beprima-facie evidence of the ownership, keeping, or harboring of a vicious dog. (b) "Vicious dog" does not include either of the following: (i) 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; (ii) 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) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate maybe obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents. (C) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog. (D) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information: dog. (1) The name and address of the buyer or other transferee of the dog; (2) The age, sex, color, breed, and current registration number of the (3) The seller shall answer the following questions which shall be specifically stated on the form as follows: "Has the dog ever chased or attempted to attack or bite a person? RECORD OF ORDINANCES Davton Leeal Blank, Inc. Form No. 30043 Ordinance No. 90-01 Passed Pa~~- If yes, describe the incident(s) in which the behavior occurred." "Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred." "Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred." The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost. (E) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B), (C), or (D) of this section. 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, 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 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. (C) 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 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; RECORD OF ORDINANCES Davton Lesal B1ank,Inc. 1-orm 1vo..suuw~ Ordinance No. 90-01 Passed Pa~4 (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 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: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 9n-O1 Passed Pag~~_ (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. (J) Whoever violates division (C) of section 91.29 of the Dublin Code is guilty of a misdemeanor of the first degree. (K) 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 tie day ofd, 001. G~ Presiding Officer ATTEST: Clerk of Council 1 fiereby certify that copies of this Ordinance/Resolution were posted ~n the City of Dublin in oaordance wits Section 731.25 of the Ohio Revised Coci~: :~ ~,~ lerk of Council, Dublin. Ohio