A BILL To amend sections 955.11 and 955.221 of the Revised Code to remove pit bulls from the definition of vicious dog in state law and to authorize the adoption of local ordinances or resolutions that define dangerous dog and vicious dog more broadly than state law defines those terms. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.11 and 955.221 of the Revised Code be amended to read as follows: Sec. 955.11. (A) As used in this section:
(1)(a) Dangerous dog means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) Dangerous dog does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) Menacing fashion means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) Police dog means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4)(a) Vicious dog means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following: (i) Has killed or caused serious injury to any person; (ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog. (iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.
(b) Vicious dog does not include either of the following: (i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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; (ii) 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. (5) Without provocation means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.