Toledo, OH: Draft bill doesn’t single out ‘pit bulls’ as vicious breed

May 13, 2010 by stopbslcom Leave a Comment

Even though the changes proposed would remove breed-specific language from Toledo’s dog ordinance, Ohio state law automatically labels all “pit bulls” as “vicious.” That means any restrictions that Toledo places on “vicious” dogs, such as a limit of one vicious dog per household and mandatory spay/neuter, would also apply to “pit bulls.”

Ohio HB 79, if passed, would remove the “vicious” designation from “pit bulls,” thereby making Toledo’s proposed changes truly breed-neutral.

http://toledoblade.com/article/20100513/NEWS16/5130392/-1/NEWS10

Toledo dog law may target behavior

Draft bill doesn’t single out ‘pit bulls’ as vicious breed

By CARL RYAN
BLADE STAFF WRITER
Article published May 13, 2010

To discriminate or not to discriminate?

Such a question yesterday came before the citizens’ group drafting a new vicious dog law for Toledo.

In the end, the Lucas County Dog Warden Advisory Committee reaffirmed its earlier intention of not singling out the “pit bull” as a vicious breed in the draft ordinance, which remains a work in progress.

In doing so, the panel kept to its goal of defining a vicious dog according to its behavior, a move that makes the draft law a departure from the city ordinance and Ohio law, which state that “pit bulls” are inherently vicious regardless of behavior.

“The framework of the [draft] ordinance is behavior-based, not based on a specific breed,” committee chairman Steve Serchuk said.

The committee also approved provisions that would prohibit an unattended dog from being tethered for more than 15 minutes and limit the ownership or harboring of vicious dogs to one per household.

Other provisions approved yesterday would mandate spaying or neutering for licensed dogs running loose that are picked up a second time, for unlicensed dogs after a first offense, and for any vicious dog. An exception could be made for a dog deemed unfit for surgery by a veterinarian.

A vicious dog, for the purposes of the draft legislation, is one defined as such by state law or that has hurt or killed another dog. Because state law defines “pit bulls” as automatically vicious, the draft ordinance would require all of them in the city to be spayed or neutered.

The issue of breed specificity generated the most discussion at the meeting, which lasted more than 90 minutes.

Matthew Bombrys, a Toledo police lieutenant, said the draft ordinance should single out the “pit bull” as a dangerous breed. He said Toledo’s current ordinance has worked to reduce the severity of dog bites, if not their number.

Committee member Dale Emch, who described himself as undecided, said there was no denying that “pit bull” bites tended to be more serious than bites of other dogs.

But most of the rest of the 10-member panel rejected the idea of discriminating against “pit bulls” as inhumane and counterproductive.

Perhaps most impassioned was committee member Jean Keating, who told her colleagues empirical evidence shows that “pit bull”-specific legislation does not reduce the incidence of bites.

“Ninety-nine percent of these dogs will not do anything wrong in their lifetime,” she said. “Over the years we’ve had this [current Toledo ordinance], the number of bites hasn’t changed. …. Only when we start to deal with the reckless owners are we really going to tackle this problem.”

Rob Ludeman, a Toledo City Council member, said he too opposed breed-specific legislation. “I don’t think it’s fair to single out one particular breed and make it the enemy,” he said.

Deborah Johnson, staff veterinarian with the Toledo Humane Society, agreed that spayed and neutered “pit bulls” made good family pets.

Tara Kestner noted that “pit bulls” were prone to abuse by their owners. “The breed seems to be a magnet for abuse,” she said.

The committee also agreed to include a provision for declaring dog owners “reckless” and penalizing them. This part of the draft ordinance will be based on a reckless dog owner law in Omaha.

In other canine-related public business, Lucas County Dog Warden Julie Lyle has scheduled a news conference this morning to outline her plan to resume door-to-door license checks. She said the county commissioners had approved her plan.

Contact Carl Ryan at: carlryan@theblade.com or 419-724-6050.

Filed under Ohio, Proposal to Repeal Tagged with , , , , , , ,

Ohio HB 79 update: Groups, owners push for change in Ohio’s ‘vicious’ dog law

April 15, 2010 by stopbslcom 1 Comment

Previous alerts for HB 79: http://stopbsl.com/?s=%22hb+79%22

Thanks to everyone who spoke out at the meeting or communicated with the committee members. I believe the next step is a third hearing and/or a vote on the bill. Nothing is scheduled yet. Here’s a great recap of the hearing by HELP FIDO: http://helpfido.blogspot.com/2010/04/end-discrimination-ohio-house-bill-79.html

http://toledoblade.com/article/20100415/NEWS24/4150355/0/NEWS16

Groups, owners push for change in Ohio’s ‘vicious’ dog law

By JIM PROVANCE
BLADE COLUMBUS BUREAU CHIEF
Article published April 15, 2010

COLUMBUS – Dog owners and animal-rights groups yesterday urged lawmakers to rid Ohio of its distinction of being the only state that automatically brands dogs similar to ”pit bulls” as “vicious” by virtue of their existence.

But those currently and formerly charged with protecting the public from dangerous dogs countered the “pit bull” has lived up to its reputation as the type of dog most likely to bite in Ohio.

OHIO LAW

Defines a “vicious dog” as one that, without provocation, has done one of the following:

  • Killed or seriously injured a person.
  • Caused other injury to a person or has killed another dog.
  • Belongs to a breed “commonly known as a pit bull dog.”

Source: Ohio Revised Code

“Babies aren’t inherently vicious when they’re born,” Lucas County Commissioner Ben Konop told the Ohio House Agriculture and Natural Resources Committee. “Children are not inherently vicious. … Dogs become vicious through nurture or lack thereof. There are some vicious pit bulls, but it is not genetically inherent in the breed.”

The committee has before it a bill, sponsored by Rep. Barbara Sears (R., Monclova Township), that would drop the reference to a “breed that is commonly known as a pit bull dog” when defining what constitutes a “vicious dog” under Ohio’s 23-year-old law.

The bill, which has not been scheduled for a committee vote, would strike related language stating that 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.”

Ownership of a “vicious dog” triggers restraint, muzzling, and liability insurance requirements. Toledo’s ordinance also limits such dogs to one per household.

Both the state law and Toledo ordinance were unanimously upheld as constitutional by the Ohio Supreme Court in 2007.

The law does not define what constitutes a “pit bull,” fueling arguments that a “pit bull” is not a specific breed at all but rather an overly broad term based on a dog’s appearance. The Supreme Court, however, has rejected the argument that the term is too vague.

Tom Skeldon, the former Lucas County dog warden who retired after a public backlash over his pound’s high euthanasia rates, said the high court was not wrong.

“The job of dog warden is to protect the public from dogs,” he said. “The law passed in 1987 was passed because of fatalities in this state caused by ‘pit bulls.’ The number-one biter in Lucas County has been the ‘pit bull’ the last three years running.

“I would plead with you, please do not take the only tool that now exists for your police officers, sheriff’s deputies, and dog wardens to protect the public from vicious dogs away from us,” he said.

Although retired, Mr. Skeldon remains a member of the Ohio County Dog Wardens Association. The association’s past president asked him to testify on behalf of the association because of his knowledge on the issue, said the current president, Erie County Dog Warden Barb Knapp.

A spokesman for Gov. Ted Strickland said last night he has not had a chance to review the bill and does not have a position on it yet.

Rep. Dennis Murray (D., Sandusky), a committee member, admitted to what he said might be his prejudice against the ”pit bull.” “There’s something that is hot-headed about these dogs, that if they are abused or raised in the wrong environment, they’re the ones that are more likely to explode,” he said.

But he questioned whether state law should legislate against them and whether the state may have caused more harm by stigmatizing the dogs, making them more desirable to some elements of society. “That has probably caused a proliferation of ownership of these animals,” he said. “I think most members of the public have no clue what these requirements are for these dogs and probably don’t follow the rules that are probably well-intentioned to provide for public safety. But the unintentional result is we’ve stigmatized and probably caused more injuries in the long term.”

Dr. Shawn Webster, a veterinarian from southwest Ohio, had tried unsuccessfully over several years while a state representative to remove the ”pit bull” language.

“In spite of the folklore about pit bulls’ jaw strength and aggressiveness, it has been my experience during my 37-year veterinary career that if owned responsibly, ‘pit bulls’ pose no more danger than any other breed of dog,” he said. “I have many patients in my small animal practice that are considered by statute to be pit bulls, and they are excellent family pets.”

Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.

Filed under Ohio, Proposal to Repeal Tagged with , , , , , , ,

Lucas County, OH: Candidates assail ‘pit bull’ policy

April 15, 2010 by stopbslcom Leave a Comment

http://toledoblade.com/article/20100415/NEWS09/100419858/0/NEWS24

Candidates assail ‘pit bull’ policy

Commissioner hopefuls say breed should get a shot at adoption

By TOM TROY
BLADE POLITICS WRITER
Article published April 15, 2010

Candidates running for the vacant seat on the Lucas County Board of Commissioners agreed yesterday the county should move on from its long-standing policy of automatically assigning “pit bull” dogs to be killed.

Ben Krompak, one of six Democrats running in the May 4 primary for the seat that is soon to be vacated by Commissioner Ben Konop, was the first to weigh in.

He said the county should abandon its policy of refusing to offer for adoption all dogs identified as “pit bulls,” and said it was unfortunate that the current county administration had to be “dragged kicking and screaming to more modern and humane practices.”

Mr. Krompak, who lives in East Toledo, said, “it’s past time to change the practices of executing and refusing to adopt out dogs based not on their behavior but on their breed.”

He also said County Administrator Peter Ujvagi should not have ordered the new county dog warden, Julie Lyle, to carry out the scheduled killings of dogs.

“He sees himself as enforcing county policy. That’s not an administrative action that I think he should have taken,” Mr. Krompak said.

Ms. Lyle attempted to suspend the killing of “pit bull” dogs on Tuesday in her first week in the job but was ordered by Mr. Ujvagi to stick to the county’s past practice for the next 30 days.

In addition to six Democrats on the ballot there are three Republican candidates. The top Democratic and Republican vote-getters will face off in the November general election for the seat now held by Mr. Konop, who is not seeking re-election.

Contacted by The Blade, most said Ms. Lyle should have been allowed to establish her own office policies and also that “pit bulls” should have the same shot at adoption as other dogs.

Mike Zychowicz, a Democrat, of Sylvania Township said he did not agree with the current policy on “pit bulls” and said Ms. Lyle should be allowed to suspend killing of “pit bull” dogs if she wants to study the possibilities of putting “pit bulls” up for adoption.

“That’s an idea worth studying. I certainly believe there should be a balance between being kind to animals and also protecting the public,” Mr. Zychowicz said. “I think she’s the expert. Her opinion means more to me than Peter Ujvagi’s, at this point.”

Andy Glenn, a Democrat, of Springfield Township said dog adoption and euthanasia policies should be based on a dog’s behavior, not its breed.

“Mr. Ujvagi was way out of line in instructing the new dog warden to continue with the old policies for 30 days,” Mr. Glenn said.

He said there should be “no tolerance” for a vicious dog, and there should be stepped up consequences for owners of dogs that do harm.

“Absolutely I think the policy should be changed, and it should be based on the behavior of the animal or the wellness of the animal as to whether it should be adopted or put down,” Mr. Glenn said.

Lucas County Commissioner Pete Gerken defended the policy, saying the county has criteria for offering dogs for adoption, including that they not be a breed deemed under state law to be vicious, as “pit bulls” are. He said the county could face legal liability if a dog that is labeled vicious injures someone.

He also said the Toledo Area Humane Society does not accept “pit bulls” under its contract with the county, and that the county doesn’t have the resources to board dogs that can’t be adopted.

“I don’t have an infrastructure to house vicious dogs long term,” Mr. Gerken said.

“Pit bull” is a generic descriptive term that may refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, American pit bull terrier, and other mixed breeds as determined by the dog warden.

Mr. Krompak said he didn’t have an estimate of the cost of dropping the policy of euthanizing all “pit bulls,” but said he believed there would be plenty of homes available to such dogs.

“We need to be looking for solutions rather than excuses,” he said.

State Rep. Barbara Sears (R., Monclova Township) is the author of a bill to remove “pit bulls” from the definition of vicious dogs. She said yesterday dog wardens should enforce penalties against individual aggressive dogs, “not by persecuting one particular breed.”

She commended Ms. Lyle for “temporarily freezing the indiscriminate euthanasia of pit bulls and exploring more humane dog pound policies.”

“For too long, temperate dogs have been unfairly targeted simply based on their breed, while vicious dogs of other breeds continue to roam our neighborhoods,” Ms. Sears said in a statement provided to The Blade.

Carol Contrada of Sylvania Township, a Democrat running for county commissioner, said killing all pit bulls based on the assumption that all animals in that breed are vicious is not a sound policy.

“I believe the new dog warden should have the opportunity to implement a trial policy that she feels is appropriate based on her experience and her position. And if that means she wants to suspend scheduled euthanasia then she should be able to do that,” Ms. Contrada said.

Tim Porter of Sylvania Township, a Democrat, said, “I’m a dog lover and there’s no breed that’s more vicious than another breed.

“It’s something I’d have to discuss with the other commissioners but I’m not in favor of putting down every pit bull that’s an adult,” Mr. Porter said.

Dan Steingraber of Oregon, a Republican, said Ms. Lyle has been “thrown under the bus” in her first week on the job and should have been allowed to suspend the dog killing.

Mr. Steingraber, who said his hobby is training and “trialing” Springer spaniels, said consigning all adult “pit bulls” to the canine execution chamber is not valid. But he said the county also has to take state law and its liability into consideration.

“The problem is some of the policies are given by state law so she doesn’t have a choice but to follow state law,” Mr. Steingraber said. “If we don’t agree with the law then we need to change it.”

Democrat Earl Murry of Maumee also disagreed with a blanket anti-“pit bull” policy. He was not so sure Ms. Lyle has the discretion to suspend policies that are backed by a majority of the commissioners.

He said Ms. Lyle should meet with the commissioners and find out how much authority she has in her office.

“I think she took the job believing she was going to be in charge,” Mr. Murry said, but he said that if she reports to Mr. Ujvagi, it’s fair to assume that he’s acting with the approval of at least two of the three commissioners, and so she should follow Mr. Ujvagi’s direction.

George Sarantou, a Republican, said the county should do a much better job of promoting adoption of dogs.

“I think to single out a breed and say all pit bulls are vicious is absolutely wrong,” Mr. Sarantou said. He said the new dog warden and the county’s Dog Warden Advisory Committee should be allowed to do their evaluation and come up with recommendations for improving the rate of adoption.

Art Jones, a Democrat, of South Toledo said Ms. Lyle was hired to oversee animal control issues and should be given the latitude to do so.

“If she wants to hold off on [euthanizing dogs], let her, and Mr. Ujvagi should not be stepping in, because he was there when they hired her,” Mr. Jones said.

“We should not be euthanizing dogs right now until the new dog warden has got her feet wet to see what’s going on.”

Mr. Krompak also called for a $5 dog license fee for people who have a financial hardship, instead of the regular $25 fee. He said the lower fee would encourage dog owners to get a license and increase the number of dog licenses.

Mr. Gerken said he would not support the reduced fee because it is set to support the operations of the warden’s office.

Contact Tom Troy at:tomtroy@theblade.comor 419-724-6058.

Filed under Community Initiatives, Ohio, Results of BSL Tagged with , , , , , ,

Toledo, OH: Toledo works to create new vicious dog ordinance

March 10, 2010 by stopbslcom 4 Comments

http://www.wtol.com/Global/story.asp?S=12117042

Toledo works to create new viscous dog ordinance

Updated: Mar 10, 2010 6:22 PM CST
Rob Wiercinski
Posted by Nick Dutton

TOLEDO, OH (WTOL) – The Lucas County Dog Warden Advisory Committee and Toledo City Council Public Safety Committee met Wednesday to discuss changing Toledo’s vicious dog ordinance.

Toledo City Council’s Rob Ludeman favors changing the existing law, which limits pit bull ownership to one adult dog per household and mandates pit bulls be leashed and muzzled when in public.

“We need to better define vicious dog and then be aggressive on responsible dog ownership,” said Ludeman.

The Dog Warden Advisory Committee invited an Illinois-based animal society to help craft the new ordinance.

Senior Legislative Attorney for Best Friends Animal Society’s Ledy Vankavge argued Toledo’s breed specific law should be replaced.

“The problem is it doesn’t protect public safety,” said Vankavge. It’s never (been) shown to work anywhere to reduce bites.”

Vankavge told the committee a new law targeting reckless dog owners and promoting spay and neutering would be much more effective.

Additionally, Ludeman thinks amending municipal code to ban convicted felons from owning a dog unless they have been spayed or neutered makes sense.

The goal of the Dog Warden Advisory Committee is to deliver a new proposal to the mayor’s office over the next 60 days.

Steve Serchuk, Chairman of the Dog Warden Advisory Committee, says the group hopes to have new dangerous dog legislation implemented by summer or fall.

However, any changes would have to be approved by Toledo City Council.

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Toledo, OH: Citizens panel to study Toledo’s dog ordinance

February 19, 2010 by stopbslcom Leave a Comment

Past news for Toledo: http://stopbsl.com/?s=toledo

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100218/NEWS16/100219603/0/news04

Citizens panel to study Toledo’s dog ordinance

Committee to seek options if appeal of ‘pit bull’ law is lost

By JC REINDL
BLADE STAFF WRITER
Article published February 18, 2010

The city of Toledo’s contested vicious-dogs law will be getting a review by a citizen-led committee.

Members of the Lucas County Dog Warden Advisory Committee voted unanimously yesterday to accept a request by Mayor Mike Bell that they examine and suggest changes to the controversial law, which puts additional restrictions on “pit bulls” and “pit-bull”- mixed dogs in the city.

An opinion last month by Toledo Municipal Court Judge Michael Goulding found the law’s restrictions in conflict with home-rule doctrine, as its requirements go above and beyond state law.

The city since has instructed the county dog warden to stop enforcing the vicious-dogs law while city attorneys appeal the judge’s ruling for its interpretation of home-rule doctrine.

Steve Serchuk, chairman of the dog warden advisory committee, said after yesterday’s vote that members will start researching best practices to help guide their review and possible revision.

Steve Herwat, Toledo’s deputy mayor of operations, asked the committee to review the law, even though he said the city is confident it will win in its appeal. The “fallback” option is to have to pass a new local ordinance that would parrot the state law on vicious dogs.

“Certainly we believe the city of Toledo needs to have a vicious-dog law on its books,” Mr. Herwat said.

The vicious-dogs law restricts city residents to just one “pit bull” or “pit bull” mix and requires that owners have their animal leashed and muzzled when off their property. Violation is a misdemeanor offense.

Judge Goulding noted in his opinion that while Ohio law singles out “pit bulls” as inherently vicious, it does not set muzzling or ownership number restrictions as does the city law, or lump certain mixed-breed dogs with “pit bulls.”

A “pit bull” is a generic description term for a dog trained to fight and may refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, and American pit bull terrier.

In other matters yesterday, the committee heard from Acting Lucas County Dog Warden Bonnie Mitchell that dog adoptions from the pound have been strong for months, thanks to the daily photos and listings published in The Blade.

Ms. Mitchell said that few dogs have appeared on the petfinder.com Web site because dogs are quickly finding new owners after having their photos in the newspaper.

“I’m getting all the dogs adopted basically through The Blade,” Ms. Mitchell said.

Filed under Court Cases, Ohio Tagged with , , , , , , ,

Toledo, OH: Toledo leaders appeal judge’s ruling on vicious-dogs law

February 2, 2010 by stopbslcom 1 Comment

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100201/NEWS02/100209976

Toledo leaders appeal judge’s ruling on vicious-dogs law

By IGNAZIO MESSINA
BLADE STAFF WRITER
Article published February 01, 2010

The city of Toledo’s controversial vicious-dog law is back in court again.

City officials yesterday filed an appeal in the 6th District Court of Appeals over a Toledo Municipal Court judge’s recent ruling that said parts of the vicious-dogs law and “pit bull” ownership restrictions were unconstitutional.

“We are appealing it, not necessarily on the basis of the dog law itself,” Deputy Mayor of Operations Steve Herwat said yesterday. “It’s more of a larger concern that anytime our home-rule power is challenged, we believe we need to stand up for the city’s rights to appeal.”

The Lucas County Dog Warden’s office stopped enforcing the law and the restrictions on so-called “pit bulls” after Judge Michael Goulding, in a Jan. 20 opinion, found that the city’s ownership restrictions were in conflict with home-rule doctrine as the requirements go above and beyond state law.

Judge Goulding’s ruling involved the case of a Toledo man, Hugh Smith, who was charged last fall with 13 violations of the city’s dog laws.

Judge Goulding dismissed all but three charges related to the owner’s failure to immunize for rabies.

City Law Director Adam Loukx said the city would fight to preserve its home-rule authority.

“The Ohio Constitution grants the city extensive power of home-rule and within those powers are the right to make reasonable laws that address local issues in matters local concern,” Mr. Loukx said. “We believe of the city’s code regarding vicious dogs was a valid exercise of home rule.”

Mr. Herwat said the Bell administration would ask the Lucas County Dog Warden Advisory Committee, formed a year ago to review the practices of former Dog Warden Tom Skeldon, to examine the city’s law.

The 11-member group last month rejected a request from Toledo Councilman Joe McNamara to do just that, but it could undertake the task this time, committee chairman Steve Serchuk said.

What I personally want to see is a dangerous dog ordinance that deals with all dangerous dogs and how they need to be kept when off someone’s property, and what are the penalties against owners whose dogs either bite another dog, person, or damage property,” Mr. Serchuk said.

The city is also considering a new citizen-led committee to rewrite the now-contested law. It could set up a committee or form a subcommittee of the county’s existing dog warden advisory committee.

Toledo City Council is scheduled to vote today on the establishment of a Toledo Dog Policy Advisory Task Force.

Ohio law singles out “pit bulls” as inherently vicious, but it does not set muzzling or ownership number restrictions, or lump certain mixed-breed dogs with “pit bulls.”

The city’s law limits city residents to owning just one “pit bull” or “pit bull” mix and requires that owners keep their animal leashed and muzzled when it’s away from home. A violation is a misdemeanor offense.

Dog warden deputies have ventured onto the properties of Toledoans to seize dogs that look like “pit bulls,” and have taken those dogs that appear to violate the city ordinance.

Such enforcement action has stopped, said Lucas County Administrator Michael Beazley.

The city of Toledo has a contract with the county dog warden to enforce its local laws. Last year, the contract was for up to $146,882.

The contract calls for the city to pay the dog warden’s office $100 for every citation issued against a “pit bull” or “pit bull” mix.

Toledo City Council President Wilma Brown said she is in favor of the Bell administration appealing the judge’s ruling so the city can control the “pit bull” population.

“I am so worried about our service people who are out there,” Ms. Brown said. “Even if a ‘pit bull’ might be gentle, they still have that violence inbred.”

Contact Ignazio Messina at: imessina@theblade.com or 419-724-6171.

Filed under Court Cases, Ohio Tagged with , , , , , , ,

Toledo, OH: Dog warden office stops enforcing city ‘pit bull’ rule

January 29, 2010 by stopbslcom Leave a Comment

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100128/NEWS16/100129670

Dog warden office stops enforcing city ‘pit bull’ rule

Don’t target animals, deputies told

By JC REINDL
BLADE STAFF WRITER
Article published January 28, 2010

The Lucas County Dog Warden’s office has stopped enforcing the city of Toledo’s controversial vicious-dogs law and “pit bull” restrictions following a judge’s ruling last week that parts of the law are unconstitutional.

County and city officials asked late last week that Acting Dog Warden Bonnie Mitchell stop her deputies from targeting “pit bulls” and “pit bull” mixes, as they were doing to carry out the law, County Administrator Mike Beazley said Thursday.

“We’ve directed them to not enforce Toledo’s law,” he said.

The law limits city residents to owning just one “pit bull” or “pit bull” mix dog and requires that owners keep their animal leashed and muzzled when it’s away from home. A violation is a misdemeanor offense.

Dog warden deputies have previously ventured onto Toledoans’ properties to seize dogs that look like “pit bulls,” and have taken those dogs that appear to be in violation.

Such enforcement action has now stopped, Mr. Beazley said.

Toledo Municipal Court Judge Michael Goulding in a Jan. 20 opinion found the city’s ownership restrictions in conflict with home-rule doctrine, as the requirements go above and beyond state law.

Although Ohio law singles out “pit bulls” as inherently vicious, it doesn’t set muzzling or ownership number restrictions, or lump certain mixed dog breeds with “pit bulls.”

Still, the dog warden’s office will continue its long-standing policies against adopting out “pit bulls” or “pit bull” mixed dogs despite the court ruling, Mr. Beazley said. The county euthanizes all “pit bulls” and “pit bull” mixes unless the dogs’ owners retrieve them.

Adam Loukx, acting law director for the city, did not return messages yesterday on whether the city plans to appeal last week’s court decision.

“Pit bull” is a generic descriptive term for a dog trained to fight and can refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, and American pit bull terrier.

Toledo may soon have a citizen-led committee to rewrite the now-contested law. Two options are being discussed: setting up an entirely new committee or forming a subcommittee of the county’s existing Dog Warden Advisory Committee.

City council is scheduled to vote Tuesday on the former option, the establishment of a Toledo Dog Policy Advisory Task Force.

Jean Keating, co-founder of the Ohio Coalition of Dog Advocates, strongly urged officials to go the new task force route, noting how several animal experts, including Ledy VanKavage, have volunteered to join such a group and help rewrite Toledo’s dog laws.

Ms. VanKavage is senior legislative analyst for Best Friends Animal Society, the group that rescued, rehabilitated, and adopted out the approximately 50 “pit bulls” of National Football League player Michael Vick. According to Ms. Keating, Ms. VanKavage has indicated her willingness to fly to Toledo for the meetings at no cost to the city.

“There are people who are very knowledgeable about these issues who would like to serve on this task force,” said Ms. Keating, who counts herself among the eager. “We need to create a task force and we absolutely need to look at that ordinance and revamp it.”

Judge Goulding’s ruling involved the case of a Toledo man, Hugh Smith, who was charged last fall with 13 violations of the city’s dog laws. The judge dismissed all but three charges related to the owner’s failure to immunize for rabies.

The city of Toledo has a contract with the county dog warden to enforce its local laws. Last year the contract was for up to $146,882. The contract calls for the city to pay the dog warden’s office $100 for every citation issued against a “pit bull” or “pit bull” mix dog.

Contact JC Reindl at: jreindl@theblade.com or 419-724-6065.

Filed under Court Cases, Ohio, Results of BSL Tagged with , , , , , , , ,

Toledo, OH: Judge says Toledo’s “pit bull” law flawed

January 22, 2010 by stopbslcom Leave a Comment

http://toledoblade.com/apps/pbcs.dll/article?AID=/20100121/NEWS16/1210344/0/SRMAIN

Judge says Toledo’s ‘pit bull’ law flawed

Some aspects cited as unconstitutional

By JC REINDL

BLADE STAFF WRITER

Article published January 21, 2010

A Toledo Municipal Court judge’s ruling yesterday found numerous aspects of the city’s “vicious dogs” law unconstitutional, countering a ban on owning more than one “pit bull” and excluding “pit bull” mixed breeds as inherently vicious.

The ruling by Judge Michael Goulding involved the case of a Toledo man, Hugh Smith, who was charged with 13 violations of the city’s dog laws in October.

That month, the Lucas County Dog Warden’s Office seized what it deemed to be three “pit bull” dogs from Mr. Smith’s home after one of them got into a fracas with another dog as Mr. Smith was taking his three for a walk.

The warden initially refused to give back Mr. Smith’s dogs and cited him for having unmuzzled, uninsured, and improperly confined “pit bulls” as well as two too many “pit bulls.”

The city’s vicious dogs ordinance restricts residents to owning only one “pit bull” and requires that owners keep the animal leashed and muzzled when it’s away from home. Under Ohio law, dogs of a breed “commonly known as a pit bull” are deemed inherently vicious.

Yet Mr. Smith’s attorneys claimed that his dogs were in fact cane corsos – not “pit bulls” – and argued that the city’s vicious dog ordinance was unconstitutional anyway.

Judge Goulding yesterday dismissed 10 of the charges against Mr. Smith, asserting that the city’s muzzle requirement and one-only limit for “pit bulls” are unconstitutional as they conflict with home-rule doctrine.

“While the state statute does not specifically permit ownership of more than one dog ‘commonly known as a pit bull,’ it does not specifically prohibit it either,” the judge wrote.

He added that the challenges in this case are different than those in the Tellings case in which the Ohio Supreme Court in 2007 upheld the city and state laws singling out “pit bulls” as inherently vicious.

Judge Goulding also wrote that a provision of the city law lumping “pit bull mixed breed” dogs with “pit bulls” is unconstitutional. That judgment could have wide implications in the county, as the dog warden’s office refuses to adopt out adult “pit bull” mixes as well as “pit bulls.”

Those dogs are then killed by lethal injection.

Mr. Smith’s attorneys, husband-wife duo Daniel and Kristi Haude of Cleveland, took the case pro bono and did not challenge the other three charges against Mr. Smith for failing to immunize against rabies.

Mrs. Haude praised Judge Goulding’s decision for striking down a law that “leaves the door open for dog wardens to arbitrarily classify any dog as a ‘pit bull.’”

“The problem with [the law] is that innocent dog owners are faced with criminal charges, and their dogs are taken away before they have a chance to prove their dogs are not vicious or are not ‘pit bulls,’•” said Mrs. Haude, a co-founder with Lucas County resident Jean Keating of the Ohio Coalition of Dog Advocates.

Adam Loukx, acting law director for the city, said yesterday that city prosecutors have yet to decide whether to appeal Judge Goulding’s decision.

“As is always the case when a judge strikes down an ordinance or part of the code, we’re disappointed,” Mr. Loukx said. “We’ll be reviewing his reasoning very closely to see if it was justified.”

“Pit bull” is a generic descriptive term for a dog trained to fight and can refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, American pit bull terrier, and other mixed breeds determined to be “pit bulls” by Lucas County’s dog warden.

More than 55 percent of the 1,951 dogs euthanized last year at the pound were called “pit bulls” or “pit bull” mixes. The city of Toledo has a contract with the county dog warden to enforce its local laws.

The contract was for up to $146,882 last year.

Three Toledo City councilmen recently announced an effort to establish a committee that would examine the city’s laws and policies related to dogs.

Councilman Joe McNamara, who first proposed the re-examination, said yesterday that the judge’s opinion “underscores the need for us to re-examine the city’s policies concerning the regulation of dangerous dogs.”

“I do think Judge Goulding was correct when he wrote that ‘a more uniform, practical, and humane method of regulating dogs, which both preserves the safety of the public and focuses on the dangers and misdeeds of irresponsible dog owners, would seem preferable to the status quo,’” Mr. McNamara said.

Ms. Keating said the dog warden eventually released all three of Mr. Smith’s dogs. Mr. Smith took one home and boarded the other two with a friend as he waited for the judge to decide his case.

“What we formed this group to do is to help people like Hugh,” Ms. Keating said yesterday. “Otherwise, those dogs would have been dead.”

Lucas County is accepting job applications for a new dog warden to replace the long-serving and controversial Tom Skeldon, set to formally leave office Jan. 31. Mr. Skeldon announced his early retirement late last year after weeks of mounting criticism that he euthanized too many dogs, among other complaints.

On Tuesday, county commissioners voted to reverse a policy that previously prohibited unclaimed “pit bull” puppies from leaving the pound. Such puppies can now be transferred to the Toledo Area Humane Society for adoption.

Contact JC Reindl at: jreindl@theblade.com or 419-724-6065.

Filed under Court Cases, Ohio, Results of BSL Tagged with , , , , , , , , , ,

Toledo, OH: City council president wants review of BSL

December 31, 2009 by stopbslcom Leave a Comment

http://toledoblade.com/apps/pbcs.dll/article?AID=/20091230/NEWS16/912300335

McNamara: Revisit ‘vicious dog’ law

Toledo City Council President says city code wrongly targets ‘pit bulls’

By JC REINDL
BLADE STAFF WRITER
Article published December 30, 2009

Toledo City Councilman Joe McNamara has asked a committee charged with oversight of the Lucas County Dog Warden to examine and evaluate the city’s own law for “vicious dogs,” which he feels inappropriately singles out “pit bulls” and overlooks bad behavior of other dogs.

The city ordinance, like state law, deems “pit bull”-type dogs as inherently vicious and subject to stringent ownership requirements. But unlike the controversial state law, Toledo’s doesn’t consider behavior in defining viciousness for other types of dogs.

“One of the issues that I have with the code is that not all dangerous dogs are ‘pit bulls,’•” Mr. McNamara, the council president, said yesterday at a news conference in Government Center. “You could have a dangerous dog that’s a rottweiler or something else, and I don’t think that the code gives a very good definition of a dangerous dog.”

“Pit bull” is a generic descriptive term for a dog trained to fight and may refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, American pit bull terrier, and other mix breeds determined to be “pit bulls” by Lucas County Dog Warden Tom Skeldon.

The city’s vicious dogs law restricts people to owning only one “pit bull,” and requires that they keep the animal leashed and muzzled when it’s away from home. Violators can be charged with a first-degree misdemeanor.

Lucas County’s Dog Warden Advisory Committee was formed by county commissioners last year to review the policies and practices of the dog warden’s office. While the dog warden position serves the county, the job includes enforcement of city of Toledo dog laws. Mr. Skeldon is to officially retire Jan. 31.

Mr. McNamara asked members of the dog warden committee in a letter Monday to review the city’s vicious dog ordinance and give recommendations. He said he would like to see the “vicious dog” definition extended to include not only “pit bulls” but other dogs that exhibit dangerous behavior.

He would also like to see the law’s requirement that seized “pit bulls” be spayed or neutered at their owners’ expense before they’re returned to their owners be applied to all unlicensed dogs in the city, regardless of breed.

“I am concerned that the law is not a best practice for the regulation of dangerous dogs,” the councilman wrote.

The Ohio Supreme Court in 2007 upheld the constitutionality of Ohio’s vicious-dog law as well as Toledo’s companion ordinance.

State Rep. Barbara Sears (R., Sylvania), who has proposed a bill that would pull references to “pit bulls” from the state’s definition of vicious dogs, said yesterday that she applauds Mr. McNamara’s effort to re-examine the local law. “What Councilman McNamara is doing will really help the cause,” he said.

Lucas County Commissioner Ben Konop, an outspoken critic of many current dog warden practices and policies, said he supports the councilman’s request to have the county-formed oversight commission review a city law. “I commend Joe for joining me in an effort to modernize the operation of the dog warden’s office,” he said.

Steve Serchuk, chairman of the dog warden advisory committee, did not return messages seeking comment yesterday.

Filed under Ohio, Proposal to Repeal, Results of BSL Tagged with , , , , ,

Lucas County, OH: Adoptions halted for ‘pit bull’ pups

December 23, 2009 by stopbslcom 1 Comment

One step forward, two steps back; Lucas County is determined to kill “pit bulls,” even if it means holding alleged “pit bull” puppies in county kennels until they are old enough to be killed.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20091222/NEWS16/912220379/0/BUSINESS01

Adoptions halted for ‘pit bull’ pups

Pet group blasts commissioners

By IGNAZIO MESSINA
BLADE STAFF WRITER
Article published December 22, 2009

The leader of the Toledo-area rescue group Planned Pethood Inc. was thrilled last month when Lucas County Dog Warden Tom Skeldon was prohibited from killing puppies, but Monday her happiness turned to outrage.

The Lucas County board of commissioners unanimously extended from Dec. 31 to March 1 a moratorium preventing the dog warden from killing dogs up to 3 months old, but “pit bull” puppies will not get the same protection.

“I would like to see the dog pound operate like other dog pounds around Ohio, and for it to be less restrictive and more open to the adoption of all animals, regardless of breed,” said Nikki Morey, Planned Pethood executive director.

The moratorium was first enacted by commissioners on Nov. 24.

Commission President Pete Gerken yesterday proposed that legislation include a measure prohibiting the adoption of “pit bull” puppies.

The commissioners then voted 2-1 to approve Mr. Gerken’s amendment to the moratorium extension. Commissioner Ben Konop cast the no vote.

“I think we have a long-standing policy against adopting out ‘pit bulls,’” Mr. Gerken said. “We are not going to euthanize ‘pit bull’ puppies, but we are going to control those dogs at the pound.”

Mr. Konop argued that the amendment would allow for the warden to keep “pit bull” puppies at the pound until they are older than 3 months and then have those dogs euthanized.

“They are going to keep the puppies until they are determined to be 3 months and 1 day old, and then [they] can be killed,” he said. “Nothing in the Ohio Revised Code prevents the dog warden office from adopting out ‘pit bull’ puppies or any ‘pit bulls.’”

Jean Keating, co-founder of the Ohio Coalition of Dog Advocates, said the amendment Mr. Gerken made and that Commissioner Tina Skeldon Wozniak supported is a loophole to delay the euthanasia of dogs deemed to be “pit bulls.”

“We were definitely making steps in the right direction,” Ms. Keating said. “Vicious dogs are made vicious by people. Pete Gerken has no qualifications in his background about what dogs live and what dogs die.”

Toledo City Council President Joe McNamara took issue with the county commissioners’ vote yesterday.

“No 3-month-old puppy is a threat to public safety,” Mr. McNamara said. “The decision by the Lucas County Commissioners to exclude so-called ‘pit bull’ breeds from their extended moratorium is disappointing and should be reconsidered.”

Mr. Skeldon has had a long-standing policy against adopting or transferring out any “pit bulls” from the pound. Mr. Skeldon is to leave office at year’s end and retire on Jan. 31.

Mr. Konop yesterday referred to a “pit bull” puppy that on Dec. 14 avoided death at the pound after transfer to a rescue group.

The milk-chocolate brown puppy, a female that has since been named Liberty, arrived at the pound on Nov. 25 after Toledo police found her “confined in a fecal-covered portable kennel” while they were serving a warrant at 721 Spring St. in North Toledo.

The puppy was placed in the pound’s isolation area because kennel workers believed she was sick and feared that she could be blind because her eyes were cloudy. Under traditional circumstances, the puppy could have soon been euthanized.

But the puppy made it through and was placed into the care of Planned Pethood because of the moratorium against puppy killing at the pound.

The dog is now living with a foster family.

Once a “pit bull” dog reaches 3 months of age, there are no restrictions against Mr. Skeldon’s practice of killing all adult “pit bulls” regardless of behavior.

A “pit bull” is a generic descriptive term for a dog trained to fight and may refer to multiple breeds, including the American Staffordshire terrier, Staffordshire bull terrier, American pit bull terrier, and other mixed breeds that Mr. Skeldon can determine to be “pit bulls.” Ohio law considers “pit bulls” inherently vicious.

In November, the commissioners adopted the recommendation of the Dog Warden’s Citizen Advisory Committee to end puppy euthanasia through the end of 2009. The only exception would be puppies that are ill, as determined by a veterinarian.

The advisory committee specifically included “pit bulls” in the moratorium for two reasons – because no 3-month-old puppy of any breed would be a threat to people and because it is too difficult to determine that such a young dog is a “pit bull.”

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Filed under BSL Passed, Ohio Tagged with , , , , ,

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