Nuisance, Dangerous and Vicious Dog

Definitions

Nuisance, dangerous and vicious dogs are defined by the State of Ohio (Section 955.11 of the Ohio Revised Code).

  • Nuisance Dog: a dog that, without provocation, has chased or approached a person in a menacing fashion or in an apparent attitude of attack, or has attempted to bite or otherwise endanger any person. 
  • Dangerous Dog: a dog that, without provocation, has caused injury to a person or has seriously injured or killed a dog.
  • Vicious Dog: a dog that, without provocation, has killed or seriously injured a person.

Process for Classifying a Nuisance, Dangerous and Vicious Dog

Only the Police Chief can classify a dog as dangerous, vicious or a nuisance by conducting a thorough investigation. Following any dog attack or incident that causes injury or death of a person or domestic animal, an investigation will take place that includes:

  • Observing the dog’s behavior. 
  • Obtaining testimony from witnesses of the incident and of the dog’s behavior. 
  •  Gathering history of the dog (upbringing, where it came from, etc.). 
  • Determining the owner’s ability to control the dog. 
  • Ascertaining other relevant evidence as determined by the Police Chief.
  • If there is concern for public safety, the Avon Lake Police Department may seize the dog following such an incident. Seized dogs will be impounded until released by a court.
  • A determination will be made. If the owner disagrees with determination, a hearing may be requested and will go to the Avon Lake Municipal Court.

Owner Responsibilities for a Classified NUISANCE DOG

  • Post a sign that reads “Nuisance Dog.”
  • While the dog is ON the owner’s property, the classified dog must: 
    • Be securely confined indoors. 
    • If outdoors, be under the direct supervision of a person of sufficient size and strength to control the dog; AND, 
          > Be securely confined in a locked pen with a secured top; OR,
          > Be securely confined in a locked fenced yard, at least six feet in height; OR,
          > Be kept restrained by a non-retractable leash or tether no longer than six feet in length securely attached to the ground or a fixed or stationary object.
  • While the dog is OFF the owner’s property, the classified dog must: 
    • Be restrained by a non-retractable leash, no longer than six feet in length. 
    • Be controlled by a person of sufficient size and strength to control the dog.
    • Be muzzled.
    • Wear a neon yellow leash, collar, harness, vest, or other garment that is visible from at least 15 feet away.
  • Provide the Police Department a color photo of the designated dog.
  • Maintain a policy of liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than ten thousand dollars ($10,000.00) because of damage or bodily injury to or death of a person or animal caused by the dog.

Owner Responsibilities for a Classified DANGEROUS or VICIOUS Dog

  • Post a sign that reads “Dangerous Dog” or “Vicious Dog.” 
  • Be under the direct supervision of a person at least 18 years of age and of sufficient size and strength to control the dog.
  • Be securely confined at all times by being: 
    • In a locked pen with a secured top; OR, 
    • In a locked fenced yard, with a fence at least six feet in height AND restrained by a leash no longer than ten feet in length securely attached to the ground or a fixed or stationary object; OR, 
    • In another locked enclosure with a secured top.
  • While the dog is OFF the owner’s property, the classified dog must: 
    • Be controlled by a person at least 18 years of age, AND of sufficient size and strength to control the dog; AND, 
    • Be muzzled; AND, 
    • Be restrained by a chain-link leash no longer than six feet in length; AND, 
    • Wear a neon yellow leash, collar, harness, vest, or other garment that is visible from at least 15 feet away.
  • Complete dog obedience or behavior modification training.
  • Provide the Police Department a color photo of the designated dog.
  • Maintain a policy of liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) for a dangerous or vicious dog because of damage or bodily injury to or death of a person or animal caused by the dog.