2011-018 Ordinance - Laserfiche WebLink

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utility workers, City of North Olmsted employees, delivery persons, or any police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner. F. Cause serious physical harm to any person, unless the dog: 1. Was being teased, tormented or abused by a person, or 2. Was coming to the aid or defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means to carry out illegal or criminal activity; 3. Caused serious physical harm to any person while such person was committing or attempting to commit a criminal trespass or other criminal offense on the premises of the owner, keeper or harborer of the dog. (4) It shall be an affirmative defense to a violation of paragraph (i)(3) above that the animal was: A. Securely confined in an automobile or cage which was adequately ventilated; or B. Being exhibited at a public dog show, zoo, museum or public institution. (5) No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal within the City after such animal has been ordered by the Animal Warden or a court of competent jurisdiction to be banned from the City or destroyed. (6) No parent or other guardian shall permit or negligently suffer a minor under the age of seventeen (17) years to walk a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal, with a leash or otherwise, while off the premises of the person who keeps, possesses, harbors, maintains, or has .the care, custody or control of the said animal. (j) Penalties. A violation of any of the provisions of this section shall constitute a first degree misdemeanor. In addition to imprisonment and fines, any person convicted of a violation of a provision of paragraph (i)(3) above shall be ordered by the court to fully reimburse any victim who, as a direct and proximate result of the said violation, incurred medical or other out-of-pocket expenses on behalf of himself, any member of his family, or any family pet. In addition to the foregoing criminal penalties, the Director of Law, following a violation of any provision of this section and upon the written recommendation of the Animal Warden, is authorized to apply to a court of competent jurisdiction to obtain an order seizing such animal, banning such animal from the City, having such animal destroyed, or other appropriate order to protect the health and safety of residents of North Olmsted. BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS: 505.16 VICIOUS AND DANGEROUS ANIMALS. (a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section: