Dangerous & Vicious Dog Ord

Dangerous & Vicious Dogs

505.21
(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, 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.
(ORC 955.11)
(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. Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal or feline, while the dog is off
the premises of the owner, or while on premises which are not exclusively controlled by the owner;
4. Cause physical harm to the property of another while the dog is off the premises of the owner, or while on premises which are not
exclusively controlled by the owner;
5. Bite or otherwise cause physical harm to any person, domestic animal, or feline, while the dog is off the premises of the owner,
or while on premises which are not exclusively controlled by the dog owner;
6. Bite or otherwise cause physical harm to mail carriers, utility workers, City of Bedford employees, delivery persons, or any
police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner;
7. 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.
(Ord. 7932-07. Passed 5-21-07.)

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, but is not limited to, 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)
(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;
(ORC 955.22)
A. Dog pens, kennels or yard fencing intended to enclose or retain dangerous or vicious dogs shall be a minimum of 6-feet in height and
shall be constructed as follows:
1. Corner or terminal posts shall be schedule 40 galvanized steel, 2 inches in diameter, buried to a depth of 36-inches and
backfilled with wet-poured concrete.
2. Line posts shall be schedule 40 galvanized steel, 2 inches in diameter, buried to a depth of 36 inches and backfilled with
wet-poured concrete.
3. The fence shall be equipped with top and bottom rails that are constructed of 1 inches diameter schedule 40 galvanized steel.
4. The fence fabric shall be chain link constructed of the minimum of 9-gauge, galvanized steel core wire installed on the side of
the posts facing the dangerous animal. The fabric shall be tied to the posts and the steel frame at a maximum spacing of 12-inches with galvanized steel tie
wires.
5. Roofs required by subsection (b)(1) hereof shall be constructed of fabric as described in A-4 supported by the line post
material installed horizontally at the maximum spacing of 6-feet on center.
B. Gates for the enclosure of the dangerous or vicious animal shall be constructed as follows:
1. Gates shall be constructed of schedule 40 galvanized steel in the minimum diameter of 1 inches.
2. Gate fabric and ties shall be as described in item A-4.
3. Gates shall be equipped with two (2) lockable latching devices placed at the top and at the bottom of the gate frame.
4. Gates shall be installed the maximum of 1-inch above the ground.
(Ord. 7992-07. Passed 12-3-07.)
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog muzzled and 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:
(Ord. 7932-07. Passed 5-21-07.)
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) 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)
(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 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 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)