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ORDINANCE No. 2023 — 04 (As Amended) Page 7 (e) Whoever violates section (a) resulting from an instance under (b)(5) of this section shall be considered a dangerous dog and is guilty of a misdemeanor of the first degree. (f) Whoever violates section (a) resulting from an instance under (b)(6) of this section shall be considered a vicious dog and is guilty of a misdemeanor of the first degrees if a serious injury results and felony of the fourth degree if a dog, without provocation kills any person and shall be prosecuted under appropriate State law. (O.R.C. 955.99(1-1)(1)(a)). (g) In addition to the penalties provided herein, and any other rights provided by law, in any civil action to recover damages against the owner of any dog who has violated section (b)(5) or (6) above, the injured party may recover three times the amount of the actual economic damages, as economic loss may be defined in Ohio R.C. 2315.18(A)(2). 505.09 AT LARGE. (a) No person being the owner of or having charge of any dog or any other animal shall permit such animal to run at large or to run upon the premises of another without the permission of such other person. (b) No person being the owner of or having charge of any dog shall permit such dog to go beyond the premises of such owner at any time when the dog is in heat, unless such dog is properly restrained by a leash, cord, chain or similar device. The owner of any dog in heat shall at all times keep such dog either confined upon the premises of the owner or under reasonable control of some person. (c) An at large animal in or upon any of the places mentioned in this section is prima facie evidence that it is an at large animal in violation of this section. (d) Whoever violates any provision of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense and shall be fined, in accordance with Section 501.99. (e) If a violation of any provision of this section hereof involves a nuisance dog, upon a third violation involving the same dog, the court shall require the offender to register the dog as a dangerous dog and be subject to a fine in accordance with Section 501.99. (f) Notwithstanding the forgoing penalties, if an animal or person is seriously injured by a dog or other animal 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 owner to personally supervise the animal, to complete dog or other obedience training within a specified period of time, and require the owner to comply with any applicable provisions of Section 505.10(a) and Section 505.11. (g) In addition to the penalties provided herein, in any civil action to recover damages against the owner of any dog who has violated section (f) above, the injured party may recover three times the amount of the actual economic damages, as economic loss may be defined in Ohio R.C. 2315.18(A)(2). 505.10 DANGEROUS AND VICIOUS DOGS. (a) No owner of a dangerous or vicious dog shall fail to do either of the following 4874-8943-1395,v.1 Formatted: Line spacing: Exactly 9 pt