YOUNGSTOWN — The dog that killed Jazzy, a Chihuahua, and bit the dog’s owner in her front yard on Alameda Avenue on Youngstown’s North Side Aug. 27 has been deemed dangerous in Youngstown Municipal Court.

At the end of a hearing Wednesday, Youngstown Municipal Court Magistrate Meghan Brundege ruled that the dog owned by Tim Mezakowski is deemed dangerous, which means additional requirements would be placed on the dog, including having to be confined to a special type of enclosure for the dog when it is outside.

But Mezakowski told the magistrate he will surrender the dog to the Mahoning County Dog Warden’s Office. He said he hoped the dog could be relocated to a farm.

During the hearing, testimony was given by Jazzy’s owner and by Dianne Fry, Mahoning County chief dog warden. Mezakowski also was permitted to respond to the facts given by the witnesses.

Jazzy’s owner said she had suffered nerve damage in her thumb from the dog bites. She said Mezakowski’s dog bit her when she tried to protect her dog from Mezakowski’s dog when they were headed back into the house after a walk in the front yard.

The magistrate determined that Mezakowski’s dog met the definition of a dangerous dog under Ohio law because it “without provocation” caused injury other than killing or causing serious injury to a person and killed another dog. Only one of those is required for the dangerous dog designation, and this dog met both of them, the magistrate said.

“There is evidence that was presented that Nala (Mezakowski’s dog) did bite Jazzy’s owner,” the magistrate said during the hearing. “And I think there is no question that Jazzy died as a result of what happened. And there was no evidence that there was provocation” by Jazzy, she said.

Mezakowski explained that the day of the incident, he was in bed three days with COVID-19 and did not see the incident. He said he and his wife have seven children. The incident happened when his wife went outside with the dog, then went inside for a short time to get a drink of water. The dog was not restrained, and the attack did not happen on his property, Mezakowski acknowledged.

He said all of his neighbors know his dog, socialize with it and pet it. A visitor from a county agency came to the house not long ago, and the dog “”didn’t even budge, didn’t even look at her, just laid there,” Mezakowski said.

After the magistrate declared the dog dangerous, Mezakowski said he would not be able to meet the requirements for a dangerous dog because he would not be able to keep the dog the way the rules require.

He said he would surrender the dog to the Mahoning County Dog Warden’s Office. He asked what would happen to it.

“Because she is dangerous and has shown this prey drive, we would probably put her down,” Fry said. “It wouldn’t be right for us to put her back out into the community. It’s done very humanely.”

Mezakowski then asked if he can “work with you guys on getting another dog for my kids that maybe wouldn’t be deemed dangerous, something that I could come down with the kids and find something that’s going to be a proper fit because it’s too hard for me to have a dog on a leash all the time with the kids.”

Fry said she would “certainly work with you and find another dog for your kids.”

The last thing Mezakowski asked was whether the dog warden’s office would try to find a farm where his dog could live.

“I could bring her down to you. You guys would all love her,” Mezakowski’ said of the magistrate and others in the courtroom.

A call to Fry on Thursday was not returned.

erunyan@vindy.com