What Do These Designations Mean?
If complaints have been made about your dog’s behavior, a law enforcement officer may decide to designate it as a Nuisance Dog, Dangerous Dog, or Vicious Dog pursuant to state or local laws.
A designation subjects you and your dog to certain legal restrictions, requirements, and liabilities. Failure to comply with rules relating to your dog’s designation can often be charged as a criminal offense and may even lead to euthanasia of your dog.
Ohio’s “Nuisance Dog”:
The State of Ohio can designate a dog as a nuisance if the dog has been the subject of 3 or more violations of running at large committed or one of the following acts without provocation in either a menacing fashion or an apparent attitude of attack:
- Chased or approached a person
- Attempted to bite or otherwise endangered any person
- Caused injury to any person without making physical contact
- Chased, threatened, harassed, or injured another dog or livestock (except poultry)
Ohio’s “Dangerous Dog”:
The State of Ohio can designate a dog as dangerous if it has committed one of the following acts without provocation:
- Caused injury by physical contact, other than killing or serious injury, to any person in either a menacing fashion or an apparent attitude of attack
- Caused serious injury without making physical contact to any person in either a menacing fashion or an apparent attitude of attack
- Killed another dog
- Caused serious injury to another dog that results in euthanasia of the other dog
This designation may result in euthanasia of the dog.
Ohio’s “Vicious Dog”:
The State of Ohio can designate a dog as vicious if it has committed one of the following acts without provocation:
- Killed any person
- Caused serious injury to any person by physical contact
- Engaged in a dangerous dog act after the dog has been designated as a dangerous dog by a court
This designation may result in euthanasia of the dog.
Legal Restrictions for Dangerous and Vicious Dogs
Dangerous Dogs and Vicious Dogs are required to be in a locked cage, pen, or other enclosure at all times while at home. While off the premises of the owner, the dog must be on a six foot chain link leash and additionally either:
(1) have the leash controlled by a person who is of suitable age and discretion;
(2) have the leash securely attached to the ground or a stationary object or fixture so that the dog is adequately restrained and a person stationed in close enough proximity to that dog so as to prevent it from causing injury to any person; or
(3) wear a muzzle.
Other restrictions also apply including:
• If sold or transferred to a new owner, a full description of the dog, account of all past aggressive acts, and notice of its Dangerous/Vicious designation must be given to the new owner, as well as to the Dog Warden and Board of Health in the new owner’s district of residence.
• Dangerous and Vicious Dogs must be microchipped and spayed/neutered at the owner’s expense.
• Owners of Dangerous or Vicious Dogs are required to purchase special liability insurance.
• The dog’s owner must get a special Dangerous/Vicious Dog registration certificate and tag each year, which the dog must wear at all times.
• The local Dog Warden must be notified immediately any time a Dangerous or Vicious Dog is loose.
• The local Dog Warden must be notified immediately if your Dangerous or Vicious Dog dies or is transferred to a new owner.
Other restrictions may be applied at the court’s discretion, and may vary by county or city. In addition, owners, keepers, and harborers of dangerous and vicious dogs are subject to heightened criminal penalties for future conduct of the dog and violations of the keeping requirements.
Legal Restrictions for Nuisance Dogs
Nuisance Dogs must be properly confined and controlled at all times, which may include by using leash, tether, adequate fence, supervision, or secure enclosure. Other restrictions may be applied at the court’s discretion, and may vary by county or city.
Your Right to a Designation Hearing
Ohio law grants you the right to a designation appeal hearing if you disagree with the designation. You must notify the appropriate court in writing within 10 calendar days of receiving a designation notice or you may waive your right to the appeal hearing.
If you decide to exercise your right to a hearing, our attorneys can help protect you and your dog from the costs and restrictions of an unjust designation.
