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

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The Director of Public Safety will schedule the hearing and notify the party re- questing the hearing in writing of the time, date, and location of the hearing. (b) The objection hearing shall be conducted as follows: (1) Parties may appear pro se or be represented by an attorney. (2) Parties may present their position, arguments, and contentions, including by making statements, presenting evidence, and offering witnesses on their be- half, on any relevant issue. (3) Parties may refute evidence and testimony offered in opposition to their position, arguments, and contentions, including by making statements, present- ing evidence, and offering witnesses on their behalf, on any relevant issue. (4) Parties shall be entitled to the right of cross - examination. (5) The hearing shall be quasi-judicial in nature and all testimony shall be un- der oath. (6) Any party shall be entitled to transcribe the proceeding at his own cost. (7) After considering all substantial, reliable and probative evidence accepted for review, the Director of Public Safety shall affirm, deny, or affirm with condi- tions the determination. (8) Within five business days of such hearing, the Director of Public Safety shall issue a written decision making a factual finding as to the determination and shall serve the decision upon all parties. The decision of the Director of Public Safety is a final order. 506.09 DANGEROUS AND VICIOUS DOG OWNERSHIP RESTRICTIONS. (a) No person shall own, keep, maintain, allow, harbor, or permit more than one dangerous or vicious dog at any one residence that has aggressively bitten and killed a dog or aggressively bitten and caused serious injury or death to a person. (b) The provisions as set forth in section 955.54 of the Revised Code shall ap- ply inside the City, with the exception of division (A)(2) of that section, which shall be construed to include vicious dogs in addition to dangerous dogs. No person shall fail to abide by the provisions of section 955.54 of the Revised Code as modified by this section of the Code. (c)(1) Whoever violates subsection (a) of this section is guilty of a second de- gree misdemeanor. (2) Whoever violates subsection (b) of this section is guilty of a first degree misdemeanor. 506.10 EXEMPTIONS. The following shall be exempted from the provisions of this chapter: (a) Any dog which is lawfully engaged in hunting or training for the purpose of hunting while accompanied by a licensed hunter. However, such dogs at all other times and in all other respects shall be subject to the ordinance or resolu- tion permitted by this section, unless actually in the field and engaged in hunting or in legitimate training for such purpose; (b) A service animal, as defined by the Americans with Disabilities Act and the regulations promulgated pursuant thereto, that has caused injury or serious injury to any person or has killed a person or a domestic animal while the ser- vice animal is actually being used to assist a person in the performance of that animal's trained duties; and (c) A police dog that has caused injury or serious injury to any person or has killed a person or a domestic animal while the police dog is actually being used to assist one or more law enforcement officers in the performance of their offi- cial duties. 506.98 STRICT LIABILITY. 18