ORDINANCE NO. -1998 amending and/or supplementing Title 9, Chapter 92,, Section 92.25 "Control of Dogs" and 92.99 "Penalty" to add Canary Dogs and American Bulldogs to the list of breeds subjects to special regulations, to add dogs the cause seriousohysical harm to the definition of "Vicious Dog", and to provide the microship identification for dogs banned from the City and subsequent destruction if these dogs are found within the City; and declaring an emergency.

BE IT ENACTED by the Council of the City of Akron:

Section 1. That Title 9 "General Regulation", Chapter 92 "Animals", Section 92.25 "Control of Dogs" and 92.99 "Penalty" of the Code of Ordinances of the City of Akron. 1985 be and is hereby amended and/or supplemented to read as follow:

92.25 CONTROL OF DOGS.

(A) For the purpose of this section, the following words and phrases shall have following meanings ascribed to them

"AMERICAN BULLDOG": ANY AMERICAN BULLDOG OR OLD COUNTRY BULLDOG, OR ANY MIXED BREED OF DOG WHICH CONTAINS, AS AN ELEMENT OF ITS BREEDING, THE BREED OF AMERICAN BULLDOG OR OLD COUNTRY BULLDOG AS TO BE IDENTIFIABLE AS PARTIALLY OF THE BREED OF AMERICAN BULLDOG OR OLD COUNTRY BULLDOG.

(1) "AT LARGE" Off the premises of the owner.

"CANARY DOG" ANY CANARY DOG OR PERRO DE PRESA CANARIO OR ANY MIXED BREED OF DOG WHICH CONTAINS, AS AN ELEMENT OF ITS BREEDING, THE BREED OF CANARY DOG OR PERRO DE PRESA CANARIO AS TO BE IDENTIFIABLE AS PARTIALLY OF THE BREED CANARY DOG OR PERRO DE PRESA CANARIO.

(2) "MUZZLE" A leather, wire, or device that when fitted over an animal's snout prevents biting and eating.

(3) "OWNERS" Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of an animal.

(4) "PIT BULL TERRIER" Any Staffordshire bull terrier, American pit bull terrier or American staffordshire terrier breed of dog, or any mixed breed of dog shich contains, as an element of its breeding, the breed of Staffordshire bull terrier, American pit bull terrier or American staffordshire terrier as to be identifiable as partially of the breed of Staffordshire bull terrier or American staffordshire terrier.

(5) "UNSECURED" Not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.

(6) "VICIOUS DOG" Any Dog
(A) THAT, REGARDLESS OF LOCATION, CAUSE SERIOUS PHYSICAL HARM TO ANY PERSON,
UNLESS THE DOG WAS:
(1) BEING TEASED, TORMENTED OR ABUSED BY A PERSON, OR
(2) 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;

(B) that, while of the premises of the owner, bites or caused physical harm to a human being, domestic animal, or feline, on one or more occasions, or any dog.
(C) that, while on the premises of the owner or premises under control of the owner, bites or otherwise causes physical harm to mail carriers, utility workers, City of Akron employes, delivery persons or any police or emergency persons on one or more occasions.
(D) FOR THE PURPOSE OF THIS SECTION, "SERIOUS PHYSICAL HARM TO PERSONS" HAS THE SAME MEANING AS PROVIDED IN SECTION 130.02 OF THE CODE.

(B) Any person owning, keeping, possessing, harboring, maintaining, or having care, custody, or control of a dog shall be strictly liable if such dog is found to:

(1) Be at large within the city unless securely attached upon a leash held in the hand of a person in a manner which continuously controls the dog.

(2) Snap at ot attempt to bite to cause physical harm to any other person, domestic animal, or feline, While the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.

(3) Cause physical harm to the propery of another while the dog is off the premises of the owner, or while on premises which are not exclusively cantrolled by the owner.

(4) Bite or otherwise cause physical harm to any other person, domestic animal, or feline, While the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.

(5) Bite or otherwise cause physical harm to mail carriers, utility workers, City of Akron employes, delivery persons or any police or emergency persons while the dog is on the premises of the owner or the premises under control of the owner.

(6) CAUSE SERIOUS PHYSICAL HARM TO ANY PERSON, UNLESS THE DOG WAS:
(a) BEING TEASED, TORMENTED OR ABUSED BY A PERSON, OR
(b) 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;

(C) Defenses.

(1) It shall be an affirmative defense to a violation of 92.25 (B) that the dog eas:

(a) Securley confined in a automible or cage which was adequately ventilated

(b) Being used for lawful hunting purposes

(c) Being exhibited as a public dog show, zoo, museum, or public institution.

(d) Engaged in any activity expressly approved by the laws of the state.

(2) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or a member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.

(D) No person shall own, keep, posses, harbor, maintain, have the care, sutody, or control of a visous dog within the city WHEN SUCH DOG HAS BEEN BANNED FROM THE CITY.

(E) any person owning, keeping,possessing, harboring, maintaining, or having care, custody, or control of a pitt bull, CANARY DOG OR AMERICAN BULLDOG shall:

(1) Identify the dog by having the wear, at all times, a pit bull collar available upon payment of a fee, from customer service;

(2) Post on the premises, in a conspicuous place where the dog is kept, at least one city-issued warning sign available, upon payment of a fee, from customer service/ The sign shall be visible and capable of being read from public highway or street;

(3) Identify the dog by having the dog tattooed with a code number provided by customer service;

(4) Notify the customer service and the animal control officer within 24 hours if the pit bull, CANARY DOG OR AMERICAN BULLDOG has died or has been sold or donated, and provide the customer service with the name, address, and telephone number of the new owner;

(5) Keep the dog secured at all times by one of the following means:

(a) Keep the dog inside the owner's home

(b) keep the dog in a locked enclosure which has a top, and a concrete base with the fence securely attached or anchored to the concrete perimeter to a depth of six inches;

(c) Keep the dog muzzled and on a chain-link leash that is not more than six feet in lenght which is held in the hand of a person who is of suitable age and discretion and is outside with the dog.

(6) Pay a fee and annually, between January 2 and January 20, and whenever a dog is a newly obtained register the dog with the customer service division; at the time of registration provide proof of liabilty insurance with an insurer authorized to write liabilty insurance in the state providing coverage in each occurrence, subject to limit, exclusive of interest and costs, of not less than $50,000 because of damage or bodily injury to or death of a person caused by the vicious dog and shall proveide a certificate of insurance to customer service at the time the collar required by 92.25(E)(1) is obtained;

(7) Ensure that the dog does not go unconfined on the premises of another or be at large within the city;

(8) Annually license the dog, if the dog is more than three months of age, with the County Auditos. Failure of any dog at any time to wear a valid license tag shall be prima facie evidence of lack of license.

(9) Vaccinate the dog against rabies by a licensed veterinarian at least once ever three years; a tag indicating that said dog has been vaccinated against rabies must be worn by the dog at all times. Failure of any dog at any time to wear the rabies vaccinatine tag issued by the licensed veterinarian who administraed the vaccine shall be prima facie evidence of the dog's lack of vaccination against rabies.

(10) Provide two color photos of the dog to customer service at the time the collar required by 92.25(E)(1) is obtained. Provide one color photo if the dog showing the tattoo number after the animal has been tattooed.

(F) In orer to prevent annoyance or injuries to the public herath, safety, repose or comfort, division 92.25(B)<(D)< and (E) are strict liability offenses.

92.99 PENALTY.

(A) Whoever violates ant provision of 92.02,92.06,92.08,92.09,92.10,92.13,92.14,92.18 through 92.22,92.28 or 92.29 shall be gulity of a minor misdemeanor.

(B) Whoever violates any provision of 92.03 is guilty of a misdemeanor of the first degree.

(C) Whoever violates any provision of 92.05 is guilty of a misdemeanor of the second degree.

(D) Whoever violates any provision of 92.01, 92.11, or 92.25(B)(1) is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.

(E) Whoever violates any provision of 92.17,92.23, or 92.28 is guilty of a misdemeanor of the third degree.

(F) Whoever violates any provision of 92.04,92.07,92.12 or 92.25(B)(3) is guilty of a misdemeanor of the fouth degree.

(G) Whoever violates any provision of 92.24,92.25(B)(4), or 92.25(D) is guilty of a misdemeanor of the firth degree. Whoever if found guilty of a second offense of violation 92.24, 92.25(B)(3), 92.25(B)(4) or 92.25(D) shall be guilty of a misdemeanor of the first degree and shall be fined $1,000, which fine shall be mandatory and shall not be suspended or remitted, and may be imprisoned for a term not to exceed six months.

(H) Whoever violates any provision of 92.25(B)(2) or 92.25(B)(5) is guilty of a misdemeanor of the fourth degree. Whoever is found guilty of a second offense of violating 92.25(B)(2) or 92.25(B)(5) is guilty of a misdemeanor of the third degree. Whoever is found guilty of a third offense of viloating 95.25(B)(2) or 92.25(B)(5) is guilty of a misdemeanor of the second degree. Whoever id found guilty of a fouth offense of violating 92.25(B)(2) or 92.25(B)(5) is guilty of a misdemeanor of the first degree. Whoever is found guilty of a fifth offense of violating 92.25(B)(2) or 92.25(B)(5) is guilty of a misdemeanor of the first degree and shall be fined $1,000, which fine shall be mandatory and shall not be suspended or remitted, and may be imprisoned for a term not to exceed six months.

(I) Any person owning, keeping, possessing, harboring,maintaining,or having the care, custody, ot control of a pit bill, AMERICAN BULLDOG OR CANARY DOG who is convicted of or who pleads guilty to any violation under 92.25(E)(1) through (10) shall be subject to a mandatory nonsuspendable fine of $500 and said dog shall be banned from the City of Akron.

(J) Any person foung guility of violating the provisions of this chapter shall pay all expenses, including shelter, food, and veterinary expenses necessitated by the seizure of any dog for the protection of the public.

(K) UPON A FINDING THAT A DOG IS "VICIOUS" AS DEFINED IN SECTIONS 92.25 OF THIS CODE OR upon a conviction of 92.25(B)(4) or 92.25(D) OF THIS CODE, the Court may order that the dog be humanely destroyed OR BANNED FROM THE CITY.

(L) ANY DOG BANNED FROM THE CITY BY COURT ORDER MAY BY THE CITY, AT ITS OWNER'S EXPENSE, BE SO IDENTIFIED BY MEANS OF TATTOO AND/OR A MICROCHIP IMPLANT. ANY DOG IDENTIFIED BY SUCH TATTOO OT MICROCHIP IMPLANT AND FOUND WITHIN THE CITY SHALL BE SEIZED AND UPON COURT ORDER HUMAELY DESTOYED.

(M) Whoever violates 92.27 is guilty of a misdemeanor of the first degree.

Section 2. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare for the reason that immediately amending and/or supplementin this section of the Akron Code will allow the City to more effectively protect the citizens from aggressive breeds of dogs, and provide this ordinance received the sffirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approved by the Mayor; oterwise, it shall take effect and be in force at the earliest time allowed by law.