Under Ohio law, a dog is regarded as the personal property of its owner. Ohio residents may keep or own any dog they choose so long as the owner complies with all statutory laws and local provisions regulating dogs. R.C. 955.11 establishes three special categories of "problematic" dogs: dangerous dogs, vicious dogs and nuisance dogs.
Dangerous Dogs, Vicious Dogs, and Nuisance Dogs
A “dangerous dog” is a dog that, without provocation, has (1) caused injury, other than killing or serious injury, to any person; (2) killed another dog; and (3) been the subject of a third or subsequent violation of the statute prohibiting the failure to keep the dog physically confined or restrained or under some person's reasonable control. R.C. 955.11(A)(1)(a). Ohio law does not consider a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties as a “dangerous dog.”
A “vicious dog” is a dog that, without provocation, has killed or caused serious injury to any person. R.C. 955.11(A)(6)(a). Ohio law exempts from the “vicious dog” classification both (1) a police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties; and (2) a dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog. R.C. 955.11(A)(6)(b).
A “nuisance dog” is a dog that, without provocation and while off the premises of its owner, keeper, or harborer, has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person. R.C. 955.11(A)(3)(a). However, the “nuisance dog” does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person. R.C. 955.11(A)(3)(b).
Designation of Dog as "Dangerous," "Vicious," or "Nuisance"
A law enforcement officer who has reasonable cause to believe that a dog in his or her jurisdiction is a nuisance dog, dangerous dog, or vicious dog, must notify the owner, keeper, or harborer of that dog, by certified mail or in person: (1) that the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable; and (2) that the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with the governing statute, which notice must include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides. R.C. 955.222(B).
If the owner, keeper, or harborer of the dog disagrees with the designation of the dog, they may, within ten days days after receiving notification of the designation, request a hearing regarding the determination. The request for a hearing must be in writing and must be filed with the municipal court or county court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. R.C. 955.222(C). The court will conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, at which time the office who designated the dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog. R.C. 955.222(A), (C).
The owner, keeper, or harborer of the dog, or the person who designated the dog, may appeal the court's final determination as in any other case filed in that court. R.C. 955.222(C).
If your dog has been designated as a "dangerous dog," "vicious dog," or "nuisance dog," or is going to be designated as such, contact an experienced Tyack Law Columbus criminal defense attorney by calling us at (614) 221-1342 or connecting with us online.
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the Tyack Law Firm Co., L.P.A., or the individual author, nor is it intended to be a substitute for legal counsel or representation on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, county, or other appropriate licensing jurisdiction.
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