Nuisance, Dangerous and Vicious Dog

Known as the “Post-Bite” Ordinance, rules are in place to deal with nuisance, dangerous and vicious dogs. Below is a summary of this ordinance. For the full PDF text of this ordinance.

Definitions

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

Basic Definitions:
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; AND
      Be controlled by a person of sufficient size and strength to control the dog; AND
      Be muzzled; AND
      Wear a neon yellow leash, collar, harness, vest, or other garment that is visible from at least 15 feet away.

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; AND
      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.

If there are any questions about this ordinance, please contact Councilman David Kos by email: DKos@avonlake.org or call 440-930-7737.
 
This is only a summary, for the full PDF text of this ordinance.