Dangerous Dog/Vicious Dog Definitions & Penalties

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Nuisance Dog Definition: does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties; has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.

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Dangerous Dog Definition: “Dangerous dog” means a dog that, without provocation, has done any of the following:

• Caused injury, other than killing or serious injury, to any person;

• Killed another dog;

• Been the subject of a third or subsequent violation of division (C) of section 955.22 of the Revised Code

• Dangerous dogs does NOT include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.

 

Vicious Dog Definition: “Vicious dog” means a dog that, without provocation has killed or caused serious injury to any person.

 

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Penalties:

Dangerous Dog At Large Violation: Misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on any subsequent offense.

Improperly Confining and Restraining a Dangerous Dog: Misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on any subsequent offense

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On both offenses the court may Additionally, 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 (E) of section 955.22 of the Revised 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 at the owner’s expense.

Registration and Failure to Notify: O.R.C 955.22 (E)

1. E) No person who has been convicted of or pleaded guilty to three or more violations of division (C) of this section involving the same dog and no owner, keeper, or harborer of a dangerous dog shall fail to do the following: 

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(1) Obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section;

(2) Obtain a dangerous dog registration certificate from the county auditor pursuant to division (I) of this section, affix a tag that identifies the dog as a dangerous dog to the dog’s collar, and ensure that the dog wears the collar and tag at all times;

(3) Notify the local dog warden immediately if any of the following occurs:

(a) The dog is loose or unconfined.

(b) The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.

(c) The dog attacks another animal while the dog is off the property of the owner of the dog.

(4) If the dog is sold, given to another person, or dies, notify the county auditor within ten days of the sale, transfer, or death.

Penalties:

• Whoever violates division (E)(1), (3), or (4) of section 955.22 of the Revised Code is guilty of a minor misdemeanor.

• Whoever violates division (E)(2) of section 955.22 of the Revised Code is guilty of a misdemeanor of the fourth degree.

 

(F)(1) Whoever commits a violation of division (C) of section 955.22 of the Revised Code that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of division (C) of section 955.22 of the Revised Code involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.