Nuisance/Dangerous/Vicious
Nuisance/Dangerous/Vicious
Below you will find the definitions of a Nuisance Dog, Dangerous Dog, and Vicious Dog according to the Ohio Revised Code.
Nuisance Dog
955.01 (C) "Nuisance dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a nuisance dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous nuisance dog act.
955.22 (3) "Nuisance dog act" means one of the following actions committed by a dog without provocation and while off the premises of its owner, keeper, or harborer, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) Chasing or approaching a person in either a menacing fashion or an apparent attitude of attack;
(b) Attempting to bite or otherwise endanger any person in either a menacing fashion or an apparent attitude of attack;
(c) Causing injury to any person without making physical contact in either a menacing fashion or an apparent attitude of attack;
(d) Chasing, threatening, harassing, or injuring another dog or livestock in either a menacing fashion or an apparent attitude of attack;
(e) Having been the subject of a third or subsequent violation of section 955.21 of the Revised Code.
Dangerous Dog
955.01 (B) "Dangerous dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a dangerous dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous dangerous dog act.
955.22 (2) "Dangerous dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) Causing injury by physical contact, other than killing or serious injury, to any person in either a menacing fashion or an apparent attitude of attack;
(b) Causing serious injury to any person without making physical contact in either a menacing fashion or an apparent attitude of attack;
(c) The killing of another dog;
(d) Causing serious injury to another dog that results in euthanasia of the dog by a person authorized to perform euthanasia under Ohio law.
Vicious Dog
955.01 (A) "Vicious dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a vicious dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous vicious dog act.
(1) "Vicious dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) The killing of any person;
(b) Causing serious injury to any person by physical contact;
(c) Engaging in a dangerous dog act after the dog has been designated as a dangerous dog under section 955.23 of the Revised Code.
Other Definitions
"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.
"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.
"Injury" means any physical harm to a person, another dog, or livestock, as applicable, but does not include physical harm resulting from a situation where the dog behaves in a playful, nonaggressive, or age-appropriate manner.
"Serious injury" means any of the following:
- (a) Any physical harm that carries a substantial risk of death;
- (b) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
- (c) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
- (d) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
- "Serious injury" does not include physical harm resulting from a situation where the dog behaves in a playful, nonaggressive, or age-appropriate manner.
"Without provocation" means either of the following
- 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.
- That a dog was not attacked by another dog or livestock. (Livestock does not include poultry)
"Dog kennel" or "kennel" means an establishment that keeps, houses, and maintains adult dogs, as defined in section 956.01 of the Revised Code, for the purpose of breeding the dogs for a fee or other consideration received through a sale, exchange, or lease and that is not a high volume breeder licensed under Chapter 956. of the Revised Code.
Confinement Requirements
No owner, keeper, or harborer of a vicious or dangerous dog shall fail to do any of the following:
- While that dog is outdoors, but on the premises of the owner, keeper, or harborer, securely confine the dog at all times in a locked pen that has a top, locked fenced yard with fencing that is sufficiently constructed to prevent escape, or other locked enclosure that has a top;
- While that dog is inside a residential dwelling or other building on the premises of the owner, keeper, or harborer, and there is an invitee inside the dwelling or building, securely confine the dog at all times inside the dwelling or building so that there is no reasonable probability that the dog comes into contact with the invitee;
- 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:
- Keep that dog in a locked pen that has a top, locked fenced yard with fencing that is sufficiently constructed to prevent escape, or other locked enclosure that has a top;
- 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;
- Muzzle that dog.
Additionally, no owner, keeper, or harborer of a vicious or dangerous dog shall fail to do any of the following:
- Obtain liability insurance in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars, 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 vicious or dangerous dog;
- 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;
- Notify the local dog warden immediately if any of the following occurs:
- The dog is loose or unconfined.
- 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.
- The dog attacks another animal while the dog is off the property of the owner of the dog.
- If the dog is sold, given to another person, or dies, notify the county auditor and the dog warden within ten days of the sale, transfer, or death;
- Prior to any training or veterinary care provided to the dog by a trainer or licensed veterinarian, disclose to the trainer or licensed veterinarian, as applicable, that the dog is a vicious or dangerous dog.
- The dog’s owner must get a special Dangerous/Vicious Dog registration certificate and tags each year, and the dog must wear the tags at all times.
Nuisance Dogs must be properly confined and controlled at all times, which may include by using leash, tether, adequate fence, supervision, or secure enclosure. Other restrictions may be applied at the court’s discretion, and may vary by county or city.
