Bay Village Dog Laws: Dog Attack Public Meeting Tonight

 

The City of Bay Village will hold a Public Meeting tonight, Monday, Aug. 29, at 7:30 p.m, to discuss concerns surrounding the attack of a small dog and its owner on Pellet Drive last week that resulted in the death of the victim’s dog and injuries to the dog’s owner. The meeting will take place at Bay Lodge at 7:30 p.m. Bay Lodge is located at 492 Bradley Road.Bay Village Logo

Ward 4 Councilman Thomas Henderson has posted an invitation to the community to attend:

‘Residents in and near the Pellett/Clarewood/Powell neighborhood are invited to a meeting on Monday, August 29, at 7:30pm in Bay Lodge at 492 Bradley Road to discuss the recent dog attack incident. Police Chief Mark Spaetzel, City Council President Paul Koomar and I will be in attendance. Everyone in the neighborhood is invited; anyone who would like to attend is welcome. The purpose of the meeting will be to have an open dialogue between the residents who live in neighborhood, the Police Department and City Council. Information will be shared; questions and concerns will be addressed; ideas for the future can be discussed. For those of you who may have heard about a meeting on Clarewood Drive, this is the same meeting. The location has been changed.’

For those interested in learning more about Bay Village animal ordinances, here is a link to the Bay Village Codified Ordinances relevant to dog ownership and control:

http://whdrane.conwaygreene.com/whdrane01/gateway.dll?f=templates&fn=default.htm&vid=whdrane:OHBayvillage

505.19  DANGEROUS AND VICIOUS DOGS .

  As used in this chapter, certain terms are defined as follows:

  (a)    “Dangerous dog ” means a dog that caused injury other than killing or serious injury to any person, or kills another dog , cat or other domestic animal while off the premises of the owner. Dangerous dog does not include a police dog that has caused injury other than killing or serious injury to any person or has killed another dog , cat or other domestic animal while the police dog is being used to assist law enforcement officers in the performance of his official duties.

  (b)    “Menacing fashion,” means that a dog could cause any person being chased or approached to reasonably believe that the dog could cause physical injury to that person.

  (c)    “Owner” means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of a dog or the parents or guardian of a minor owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog .

  (d)    “Police dog ” means a dog that has been trained, and may be used, to assist law enforcement officers in the performance of their duties.

  (e)    “Serious injury” means any of the following:

     (1)    Any physical harm that carries a substantial risk of death;

     (2)    Any physical harm that involves a permanent incapacity, whether partial or total or a temporary substantial incapacity;

     (3)    Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;

     (4)    Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain;

  (f)    “Vicious dog ” (as defined in ORC 955.11 (A) (4)(46) means a dog that, without provocation:

     (1)    Has killed or caused serious injury to any person;

     (2)    “Vicious Dog ” does not include either of the following:

  1.   A police dog that has killed or caused 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 .

  (g)   “Provocation” means that any dog was teased, tormented or abused by a person or that the dog was coming to the aid or defense of a person who was not engaged in illegal activity, and whose person or property was in imminent danger of physical harm.

     (Ord. 12-41.  Passed 5-21-12.)

 

505.28  IMPOUNDMENT: DESTRUCTION OF DOGS .

  (a)   When any person, being the owner or having custody or control of any dog charged with a violation of this chapter, the court may, upon motion of any party or it’s own motion, order the seizure and impoundment of thedog pending trial.

  (b)   In the event that a Law Enforcement Officer or the Animal Control Officer has probable cause to believe that a dangerous or vicious dog is running at large, he/she may seize and impound the dog without seeking prior court order.

  (c)   Nothing in this section shall be construed to prevent a Law Enforcement Officer or Animal Control Officer from seizing or destroying any animal which presents an immediate risk of physical harm to any person or property.

  (d)   Any dog that attacks and injures any person, another dog or cat, shall be humanely destroyed when, in the courts judgment, such dog represents a continuing threat of serious harm to persons or other such animals.  The Chief of Police may petition the court of competent jurisdiction for an order to humanely destroy any dog impounded pursuant to this chapter which represents a threat of harm to any person caring for such animal.  The court shall order any dog that kills or causes serious physical harm to any person, other than a person committing a criminal trespass or other crime of violence upon the premises of the owner of such dog , humanely destroyed.  (Ord. 03-07.  Passed 4-7-03.)

 

505.20  DETERMINATION OF DANGEROUS AND VICIOUS DOGS .

  (a)    Whenever a complaint is made to the Police Department or the Animal Control Officer, of the presence of a dangerous or vicious dog within the city, the Chief of Police or designee shall promptly inspect or cause an inspection of the premises on which it is alleged that such animal is being kept.

  (b)    The Chief of Police or designee shall determine that a dog is dangerous pursuant to this chapter upon proof by a preponderance of the evidence of any of the following:

     (1)    Without provocation, the dog has caused injury other than killing or serious injury to any person.

     (2)    Without provocation, the dog has killed another dog , cat or other domestic animal.

  (c)    The Chief of Police shall determine that a dog is vicious pursuant to this chapter upon proof by a preponderance of the evidence that:

     (1)    Without provocation; the dog has killed or caused serious injury to any person.

  (d)    If the Chief determines that a dangerous/vicious dog is being kept within the City, the Chief shall determine the individual, firm or corporation who from the records in the Auditors office of Cuyahoga County, appears to be the owner of the dog , or if such information is not available, the titled owner of the property upon which the dog is kept, and shall, within five days, cause written notice to be served on such owner. Notice shall be served by certified mail with a return receipt requested. If service of such written notice is unable to be perfected, then the Chief of Police shall cause a copy of the aforesaid notice to be served by ordinary mail which shall be deemed complete upon mailing, and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there is no individual in possession of the premises, he shall cause a copy of the notice to be posted on premises.

  (e)    The notice required by this section (c) hereof shall state, in brief, the findings with respect made to the dangerous or vicious nature of the dog . The notice shall further state that the owner must comply with the requirements of this chapter within thirty days after service of the notice.

  (f)    Police dogs are exempt from these provisions for all actions occurring in the course of their duties.

(Ord. 12-41.  Passed 5-21-12.)

 

 505.27  PHYSICAL HARM BY DANGEROUS OR VICIOUS DOGS .

  (a)   No person, being the owner or having the care, custody or control of any dangerous or vicious dog within the City, shall allow such a dog to cause physical harm to any person, except in defense of such owner’s person or property, or to cause physical harm to another dog , cat, or other domestic animal.

  (b)   Lack of intent on the part of such person to allow such dog to injure another, or the lack of knowledge of the violent propensities of such dog , is not defense to a violation of this section.

  (c)   Whoever violates this section is guilty of a misdemeanor of the second degree.

(Ord. 03-07.  Passed 4-7-03.)

 

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