Classification of nuisance dangerous, and vicious dogs
Effective May 22, 2012, the state of Ohio no longer defines a "breed of dog commonly known as a pit bull" as a vicious dog. However, any dog may be designated as vicious, dangerous or a nuisance based on its actions. Any law enforcement officer, dog warden or animal control officer may make this designation.
Nuisance Dog
Ohio Revised Code Section 955.11
Any dog that without provocation has approached a person in a menacing fashion or in an apparent attitude of attack while off the owner, keeper, or harborer's property.
Without provocation means that the dog was not teased, tormented or abused by a person; or that the dog was not 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 of carrying out such activity.
Menacing fashion means that the dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to the person.
The penalty for failing to properly confine a Nuisance Dog is a minor misdemeanor, and carries a fine of up to $150. Subsequent offenses are a fourth degree misdemeanor and carry a fine of up to $250 and 30 days imprisonment. If the same dog has been convicted of three or more Nuisance violations, the designation is elevated to Dangerous Dog.
Dangerous Dog
Ohio Revised Code Section 955.11
Any dog that without provocation has subject to division (A)(1)(b) of section 955.11 done any of the following while on or off the owner, keeper or harborer's property.
- Caused injury to a person, other than killing or seriously injuring a person
- Killed another dog
- Been the subject of a third or subsequent violation of 955.22C
The penalty for failing to properly confine and control a Dangerous Dog is a fourth degree misdemeanor, and carries a fine of up to $250 and 30 days imprisonment. Subsequent offenses are considered a third degree misdemeanor and carry a fine of up to $500 and 60 days imprisonment.
Vicious Dog
Ohio Revised Code Section 955.11
Any dog that has seriously injured or killed a person while on or off the owner, keeper or harborer's property.
- Police dogs that kill or seriously injure a person while being used to assist law enforcement officers in the performance of their duties are excluded.
- A dog that kills or seriously injures a person while that person is committing or attempting to commit a trespass or other criminal offense on the property of the owner, harboror or keeper of the dog is excluded.
The penalty for failing to properly confine and control a Vicious Dog is a first degree misdemeanor, and carries a fine of up to $1,000 and 180 days imprisonment. If a person is killed, the charge is a fourth degree felony with a maximum fine of $5,000 and 18 months imprisonment.
Serious injury means any of the following:
- Any physical harm that carries a substantial risk of death.
- Any physical harm that involves a permanent incapacity, either partial or total; or a temporary substantial incapacity.
- Any physical harm that involves a permanent disfigurement, or a temporary serious disfigurment.
- Any physical harm that involves acute pain of a duration that results in substantial suffering, or any degree of prolonged or intractable pain.
Requirements for dangerous or vicious dogs
Confining dangerous dogs
Ohio Revised Code Section 955.22C, D
Dogs that are considered dangerous or vicious must be confined on the owner's property by means of a locked fenced yard, a locked dog pen that has a top, or some other locked enclosure that has a top (such as a house).
The penalty for a violation of this section is a fourth degree misdemeanor on a first offense with a $250 maximum fine and 30 days imprisonment. Each subsequent offense is a third degree misdemeanor with a fine of up to $500 and 60 days imprisonment.
Registering and Insuring Dangerous Dogs
Ohio Revised Code Section 955.22E(1)(2)
In addition to properly confining your dog, you are also required to obtain a dangerous dog tag from the county auditor's office within 30 days of the final designation, and to display it on your dog's collar at all times. The dangerous dog tag is an additional $50 annual fee, payable to the county auditor in addition to the standard annual dog license. Contact the Franklin County Auditor's Office at 525-3260 for additional requirements to register a dangerous dog.
The penalty for failure to display a dangerous dog tag is a fourth degree misdemeanor on a first offense with a $250 maximum fine and 30 days imprisonment.
Owners of dogs that are designated as vicious must maintain at least $100,000 of liability insurance coverage on these animals. Owners of dangerous dogs may also be required to maintain at least $100,000 of liability insurance coverage if ordered to do so by the court.
The penalty for failure to insure a dangerous dog tag is a minor misdemeanor with a $150 maximum fine.
If you have any questions regarding these laws, or would like to report someone who is in violation of these laws, please contact a Field Supervisor at the Department of Animal Care & Control at (614) 525-3400.