01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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manently remove the dog from being kept or harbored in the City, or requiring humane euthanasia of the dog by a licensed veterinarian. (3) Whoever violates this section when the violation involves a vicious dog is guilty of a misdemeanor of the second degree on the first offense, a misdemean- or of the first degree on the second offense or any subsequent offense. Notwithstanding the foregoing penalties, if the dog aggressively bites a do- mestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedi- ence training within a specified period of time and provide written proof thereof to the chief. The court may further impose reasonable terms, conditions and re- strictions deemed necessary to protect the public health, safety and welfare. Notwithstanding the foregoing penalties, if the dog (rills domestic animal or causes serious injury to a human as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. The court may impose reasonable terms, conditions and restrictions deemed neces- sary to protect the public health, safety and welfare, including humane euthana- sia of the dog by a licensed veterinarian. Notwithstanding the foregoing penalties, it is a felony to be prosecuted under appropriate state law if the dog kills a person as a result of a violation of section 955.22(C) of the Revised Code. The penalties in this section shall not apply whenever the conduct proscribed in this section constitutes a felony under sec- tion 955.99 of the Revised Code. 506.04 POTENTIAL NUISANCE DOG CLASSIFICATION AND HEARING. (a) Classification of a dog as a potential nuisance dog shall be based upon specific behaviors exhibited by the dog. References to "designated dog" or "classified dog" in this section shall mean a dog classified as a potential nui- sance dog. References to "chief' in this chapter shall mean the chief of the Divi- sion of Police or his or her designee. References to "Director of Public Safety" in this chapter shall mean the Director of Public Safety or his or her designee. (b) The chief shall have authority to classify a dog as a potential nuisance dog. This classification may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as de- termined by the chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness may be required to sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog's behavior. Forms for providing witness testimony shall be made available in the Division of Police. (c) Upon a dog's classification by the chief as a potential nuisance dog, the chief shall give the dog's owner, keeper or harborer written notice by certified mail, residence service or personal service. The notice shall state: (1) The description of the dog; (2) The level of classification; (3) The facts upon which the classification is based; (4) The availability of a hearing to object to the classification; (5) The restrictions placed on the dog as a result of the classification; (6) The penalties for violation of the restrictions; and (7) The availability of declassification procedures. (d) Upon receipt of notice of the dog's classification as a potential nuisance dog pursuant to subsection (c) of this section, the owner or keeper shall comply with the restrictions as specified in Section 506.04. (e) Notwithstanding subsections (b) through (d) of this section, the chief shall have discretionary authority to refrain from classifying a dog as a potential nui- sance dog, even if the dog has engaged in the behaviors specified in Section 14