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(4) Any physical harm that involves acute pain of a duration that results in
<br />substantial suffering or any degree of prolonged or intractable pain.
<br />(f) "Vicious dog" means a dog that, without provocation, has killed or caused
<br />serious injury to any person. "Vicious dog" does not include either of the fol-
<br />lowing:
<br />(1) A police dog that has killed or caused serious injury to any person while
<br />the police dog is being used to assist one or more law enforcement officers in
<br />the performance of their official duties;
<br />(2) A dog that has killed or caused serious injury to any person while a person
<br />was committing or attempting to commit a trespass or other criminal offense on
<br />the property of the owner, keeper, or harborer of the dog.
<br />(g) "Without provocation" means that a dog was not teased by a person or an-
<br />imal, tormented by a person or animal, or abused by a person, or that the dog
<br />was not coming to the aid or the defense of a person who was not engaged in il-
<br />legal or criminal activity and who was not using the dog as a means of carrying
<br />out such activity.
<br />(h) "Potential nuisance dog" means a dog that, without provocation, while off
<br />the premises of its owner, keeper, or harborer, including within common areas
<br />of multiple -unit properties, either aggressively bites any domestic animal or dis-
<br />plays threatening or aggressive behavior toward or otherwise threatens or en-
<br />dangers the safety of any animal; or, while on the premises of its owner, keeper
<br />or harborer, displays threatening or aggressive behavior toward or otherwise
<br />threatens or endangers the safety of any domestic animal or person.
<br />506.02 NUISANCE, DANGEROUS AND VICIOUS DOG CLASSIFICATION
<br />AND HEARING.
<br />(a) If an animal control officer or peace officer has reasonable cause to believe
<br />that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vi-
<br />cious dog, the person shall notify the owner, keeper, or harborer of that dog, by
<br />certified mail or in person, of both of the following:
<br />(1) That the person has designated the dog a nuisance dog, dangerous dog, or
<br />vicious dog, as applicable;
<br />(2) That the owner, keeper, or harborer of the dog may request a hearing re-
<br />garding the designation in accordance with this section. The notice shall include
<br />instructions for filing a request for a hearing in the county in which the dog's
<br />owner, keeper, or harborer resides.
<br />(b) If the owner, keeper, or harborer of the dog disagrees with the designation
<br />of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the
<br />owner, keeper, or harborer, not later than ten days after receiving notification of
<br />the designation, may request a hearing regarding the determination. The request
<br />for a hearing shall be in writing and shall be filed with the municipal coot that
<br />has territorial jurisdiction over the residence of the dog's owner, keeper, or har-
<br />borer. At the hearing, the person who designated the dog as a nuisance dog,
<br />dangerous dog, or vicious dog has the burden of proving, by clear and convinc-
<br />ing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog.
<br />The owner, keeper, or harborer of the dog or the person who designated the
<br />dog as a nuisance dog, dangerous dog, or vicious dog may appeal the coma's fi-
<br />nal determination as in any other case filed in that court.
<br />(c) A coot, upon motion of an owner, keeper, or harborer or an attorney rep-
<br />resenting the owner, keeper, or harborer, may order that the dog designated as a
<br />nuisance dog, dangerous dog, or vicious dog be held in the possession of the
<br />owner, keeper, or harborer until the court makes a final determination under this
<br />section or during the pendency of an appeal, as applicable. Until the court makes
<br />a final determination and during the pendency of any appeal, the dog shall be
<br />confined or restrained in accordance with the provisions of division (D) of sec-
<br />tion 955.22 of the Revised Code that apply to dangerous dogs regardless of
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