Ordinance 051-17RECORD OF ORDINANCES
Damn Legal Blank. Inc.
Form No. 30043
Ordinance No. 51-17 Passed , 20
AN ORDINANCE AMENDING SECTIONS 91.28, 91.29, AND 91.99
OF THE DUBLIN CODE OF ORDINANCES TO REMOVE PIT BULLS
FROM THE DEFINITION OF " VIXIOUS DOG, °® TO CHANGE THE
DEFINITIONS OF A "DANGEROUS DOG" AND A " "VICIOUS DOG,"
TO REQUIRE THE OWNER OF A DANGEROUS DOG TO OBTAIN A
DANGEROUS DOG REGISTRATION CERTIFICATE, AND TO
CHANGE THE PENALTIES 7_54VOLVING OWNERSHIP OF
NUISANCE, DANGEROUS, AND VICIOUS DOGS.
WHEREAS, in 2002, the City of Dublin ("City' } enacted Sections 91.28, 91.29, and 91.99
of the Dublin Code of Ordinances ( "Dublin Code ") governing the keeping, confinement,
and transfer of dangerous and vicious dogs within the City; and
WHEREAS, in 2012, the Ohio General Assembly amended Ohio law regarding the
keeping, confinement, and transfer of dangerous and vicious dogs; and
WHEREAS, the City desires to amend the relevant sections of the Dublin Code to be
consistent with State law.
NOW 7EREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The Council of the City of Dublin hereby amends Chapter 91 of the Dublin
Code as follows:
§ 91.28 DEFINITIONS; TRANSFER OF OWNERSHIP CERTIFICATE; FORM
STATING DOG'S PRIOR BEHAVIOR.
(A) As used in this section:
DANGEROUS DOG,
(1) A dog that, without provocation, and subject to division (2) of this definition,
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(a) Caused injury, other than killing or serious injury, to any person;
(b) Killed another doq;
(c) Been the subject of a third or subsequent violation of division (C)
of Section 955.22 of the Ohio Revised Code.
(2) Does not include a police dog that has
aused injury, other than killing or serious injury, to any
person or has killed another dog while the police dog is being used to assist one or
more law enforcement officers in the performance of their official duties.
MENACING FASHION, A dog that would cause any person being chased or
approached to reasonably believe that the dog will cause physical injury to that person.
NUISANCE DOG,
(1) A dog that without provocation and while off the premises of its
owner, keeper, or harborer has chased or approached a person in either a
Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 2 of 9 , 20
menacing fashion or an apparent attitude of attack or has attempted to bite or
otherwise endanger any person.
2) "Nuisance doa" does not include a police doa that while beina used
to assist one or more law enforcement officers in the performance of official
duties has chased or approached a person in either a menacing fashion or an
apparent attitude of attack or has attempted to bite or otherwise endanaer anv
person.
POLICE DOG, 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.
SERIOUS INJUR Y.
(1) Means any of the follovring_
(a) Any physical harm that carriers a substantial risk of death
(b) Any physical harm that involves a permanent incapaciM
whether partial or total, or a temporary, substantial incapacity,
(c) Any physical harm that involves a ,permanent disfigurement or
a temporary, serious disfigurement;
(d) Any physical harm that involves acute paov� of a duration that
results in substantial suffering or any degree of prolonged intractable pain.
VICIOUS DOG,
(1) A dog that, without provocation and subject to division (2) of this definition,
{- a- �— F+�-ts has killed or caused serious injury to any person
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(2) Does not include either of the following:
(a) A police dog that has killed or caused serious injury to any person e-r
while the police
dog is being used to assist one or more law enforcement officers in the performance of
their official duties;
(b) 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.
WITHOUT PROVOCATION, 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.
(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the
buyer a transfer of ownership certificate that shall be signed by the seller. The certificate
RECORD OF PROCEEDINGS
Minutes of
BARRETT BROTHERS - DAYTON, OHIO
Held 51 -17
Page 3 of 9
Meeting
shall contain the registration number of the dog, the name of the seller, and a brief
description of the dog. Blank forms of the certificate may be obtained from the county
auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a
transfer of ownership certificate that is signed by the former owner of a dog and that is
accompanied by a fee of $§ five dollars.
(C) Prior to the transfer of ownership or possession of any dog, upon the buyer's
or other transferee's request, the seller or other transferor of the dog shall give to the
person a written notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or possession of any dog, if the
seller or other transferor of the dog has knowledge that the dog is a dangerous
dog, he the seller or other transferor shall give to the buyer or other transferee, the
board of health for the district in which the buyer or other transferee resides, and the dog
warden of the county in which the buyer or other transferee resides, a completed copy of
a written form on which the seller shall furnish the following information:
(a) The name and address of the buyer or other transferee of the dog;
(b) The age, sex, color, breed, and current registration number of the dog.
(c) The seller shall answer the following questions which shall be specifically
stated on the form as follows:
(1) Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior occurred.
(2) Has the dog ever bitten a person? If yes, describe the incident(s)
in which the behavior occurred.
(3) Has the dog ever seriously injured or killed a person? If yes,
describe the incident(s) in which the behavior occurred.
(4) The dog warden of the county in which the seller resides shall
furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to comply with the applicable
requirements of divisions (B), (C) or (D) of this section.
§ 91.29 CONFINEME1\11 " OF DOGS; DANGEROUS ; DEBARKED
OR SURGICALLY SILENCED VICIOUS DOGS.
(A) As used in this section, "dangerous dog" ua,mal " ' - has the same
meaning as in § 91.28.
(B) No owner, keeper, or harborer of any female dog shall permit it to go
beyond the premises of the owner, keeper, or harborer at any time the dog is
in heat unless the dog_ is properly on leash. ,
(C) Except when a dog is lawfully engaged in hunting and accompanied by
the owner, keeper, harborer, or handler of the dog, no owner, keeper, or
harborer of any dog shall fail at any time to do either of the followi119:
(1) Keep the dog physically confined or restrained upon the premises of
the owner, keeper, or harborer by a leash, tether, adequate fence, supervision,
or secure enclosure to prevent escape;
(2) Keen the dog uFider the reasonable control of some person.
Form 6101
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. 51-17 Passed Page 4 of 9 . 20
(2) Keep the dog under the reasonable control of some person.
{-8-} Except when a
dog is lawfully engaged in hunting or
training for the purpose of hunting and is accompanied by the owner, keeper, harborer,
or handler of the dog, no owner, keeper, or harborer of a dangerous dog shall fail to do
either of the following
(1) While that dog is on the premises of the owner, keeper, or harborer, securely
confine it at all times in a locked pen that has a top, a locked fenced yard }" ^ ^�^ �} o%er-IiI thnt
or other locked enclosure that has a top,
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(2) While that dog is off the premises of the owner, keeper, or harborer, keep
that dog on a chain -link leash or tether that is not more than six feet in length and
additionally do at least one of the following
(a) Keep that dog in a locked pen that has a top, locked fenced yard
or other locked enclosure that has a top;
(b) Have the leash or tether controlled by a person who is of suitable age
and discretion or securely attach, tie, or affix the leash or tether to the ground or a
stationary object or fixture so that the dog is adequately restrained and station such a
person in close enough proximity to that dog so as to prevent it from causing injury to
any person;
(c) Muzzle that dog.
(E ) No person who has been convicted of or pleaded guilty to three or more
violations of division (C) of this section involving the same dog and no owner,
keeper, or harborer of a dangerous dog shall fail to do the followi"nq:
(1) Obtain liability insurance with an insurer authorized to write liability
insurance in this state providing coverage in each occurrence because of
damage or bodily injury to or death of a person caused by the dangerous dog
if so ordered by a court and provide proof of that liability insurance upon
request to any law enforcement officer, county dog warden, or public health
official charged with enforcing this sectioni
(2) Obtain a dangerous dog registration certificate from the county
auditor pursuant to division (I) of this section, affix a tag that identifies the
dog as a dangerous dog to the dog's collar, and ensure that the dog wears the
collar and tag at all times;
(3) Notify the local dog warden immediately if any of the following
(a) The dog is loose or unconfined.
(b) The dog bites a person, unless the dog is on the property of the
owner of the dog, and the person who is bitten is unlawfuiiy trespassing or
committing a criminal act within the boundaries of that property.
(c) The dog attacks another animal while the dog is off the prop�rty
of the owner of the dog.
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(E ) No person who has been convicted of or pleaded guilty to three or more
violations of division (C) of this section involving the same dog and no owner,
keeper, or harborer of a dangerous dog shall fail to do the followi"nq:
(1) Obtain liability insurance with an insurer authorized to write liability
insurance in this state providing coverage in each occurrence because of
damage or bodily injury to or death of a person caused by the dangerous dog
if so ordered by a court and provide proof of that liability insurance upon
request to any law enforcement officer, county dog warden, or public health
official charged with enforcing this sectioni
(2) Obtain a dangerous dog registration certificate from the county
auditor pursuant to division (I) of this section, affix a tag that identifies the
dog as a dangerous dog to the dog's collar, and ensure that the dog wears the
collar and tag at all times;
(3) Notify the local dog warden immediately if any of the following
(a) The dog is loose or unconfined.
(b) The dog bites a person, unless the dog is on the property of the
owner of the dog, and the person who is bitten is unlawfuiiy trespassing or
committing a criminal act within the boundaries of that property.
(c) The dog attacks another animal while the dog is off the prop�rty
of the owner of the dog.
Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 5 of 9 20
(4) If the dog is sold, given to another person, or dies, notify the county
auditor within ten days of the sale, transfer, or death.
No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to
believe is a dangerous ti.-ietts dog;
(2) Possess a dangerous dog if the person knows or has reason to
believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under division
(E) ,(� of this section that the person's dog is not a dangerous s dog or otherwise
provide false information on that written waiver form.
(E) Before a veterinarian debarks or surgically silences a dog, the veterinarian may
give the owner of the dog a written waiver form that attests that the dog is not a
dangerous V +Eietfs dog. The written waiver form shall include all of the following:
(1) The veterinarian's license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well
as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner's dog is not
a dangerous vieieu.s dog;
(5) A statement that § 91.298 -} prohibits any person from doing any of the
following:
(a) Debarking or surgically silencing a dog that the person knows or has
reason to believe is a dangerous vicieus, dog;
(b) Possessing a dangerous dog if the person knows or has reason
to believe that the dog has been debarked or surgically silenced;
(c) Falsely attesting on a waiver form provided by the veterinarian under
division (G) of this section that the p'erson's dog is not a dangerous
dog or otherwise provide false information on that written waiver form.
{F} It is an affirmative defense to a charge of a violation of division �B}�F,� of
this section that the veterinarian who is charged with the violation obtained, prior to
debarking or surgically silencing the dog, a written waiver form that complies with division
(E) ,� of this section and that attests that the dog is not a dangerous tcietrs dog.
(I) (1) The county auditor shall issue a dangerous dog registration
certificate to a person who is the owner of a dog, who is eighteen years of age
or older, and who provides the following to the county auditor:
(a) A fee of fifty dollars;
(b) The person's address, phone number, and other appropriate
means for the local dog warden or county auditor to contact the person;
(c) With respect to the person and the dog for which the registration
is sought, all of the followin :
(i) Either satisfactory evidence of the dog's current rabies
vaccination or a statement from a licensed veterinarian that a rabies
vaccination is medically contraindicated for the dog;
Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Passed Page 6 of 9
Form No. 30043
20
(ii) Either satisfactory evidence of the fact that the dog has been
neutered or spayed or a statement from a licensed veterinarian that neutering
or spaying of the dog is medically contraindicated;
(iii) Satisfactory evidence of the fact that the person has posted
and will continue to post clearly visible signs at the person's residence warning_
both minors and adults of the presence of a dangerous dog on the property;
(iv) Satisfactory evidence of the fact that the dog has been
permanently identified by means of a microchip and the dog's microchip
number.
(2) Upon the issuance of a dangerous dog registration certificate to the
owner of a dog, the county auditor shall provide the owner with a uniformly
designed tag that identifies the animal as a dangerous dog. The owner shall
renew the certificate annually for the same fee and in the same manner as the
initial certificate was obtained. If a certificate holder relocates to a new county,
the certificate holder shall follow the procedure in division (I)3)(b) of this
section and, upon the expiration of the certificate issued in the original county,
shall renew the certificate in the new county.
(3) (a) If the owner of a dangerous dog for whom a registration
certificate has previously been obtained relocates to a new address within the
same county, the owner shall provide notice of the new address to the county
auditor within ten days of relocating to the new address.
(b) If the owner of a dangerous dog for whom a registration
certificate has previously been obtained relocates to a new address within
another county, the owner shall do both of the following within ten days of
relocating to the new address:
(i) Provide written notice of the new address and a copy of the
original dangerous dog registration certificate to the county auditor of the new
co u n . •
(ii) Provide written notice of, the new address to the county
auditor of the county where the owner previously resided.
(4) The owner of a dangerous dog shall present the dangerous dog_
registration certificate upon being reguested to do so by any law enforcement
officer, dog warden, or public health official charged with enforcing this
section.
(5) The fees collected pursuant to this division shall be deposited in the
dog and kennel fund of the county.
§ 91.99 PENALTY.
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Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 7 of 9 • 20
(I) Whoever violates division (E) of section 91.28 because of a failure to
comply with division (B) of that section is guilty of a minor misdemeanor.
,Q) Whoever violates division (E) of section 91.28 because because of a
failure to comply with division (C) or D) of that section is guilty of a minor
misdemeanor on a first offense and of a misdemeanor of the fourth degree on
each subsequent offense.
(K) (1) Whoever violates division (B) of section 91.29, or commits a
violation of division (C) of section 91.29 that involves a dog that is not a
nuisance dog,, dangerous dog, or vicious dog shall be fined not less than
twenty -five dollars or more than one hundred dollars on a first offense, and on
each subsequent offense shall be fined not less than seventy -five dollars or
more than two hundred fifty dollars and may be imprisoned for not more than
thirty days.
2) In addition to the penalties prescribed in division (K)(1) of this
section, if the offender is guilty of a violation of division (B) of section 91.29 or
a violation of division (C) of section 91.29 that involves a dog that is not a
nuisance dog, dangerous dog, or vicious dog, the court may order the offender
to personally supervise the dog that the offender owns, keeps, or harbors, to
cause that dog to complete dog obedience training, or to do both.
L) (1) Whoever commits a violation of division (C) of section 91.29 that
involves a nuisance dog_ is guilty of a minor misdemeanor on the first offense
and of a misdemeanor of the fourth degree on each subsequent offense
involving the same dog_. Upon a person being convicted of or pleading guilty to
a third violation of division (C) of section 91.29 involving the same dog, the
court shall require the offender to register the involved dog as a dangerous
do .
2) In addition to the penalties prescribed in division (L)(1) of this
section, if a violation of division (C) of section 91.29 involves a nuisance dog,
the court may order the offender to personally supervise the nuisance dog that
the offender owns, keeps, or harbors, to cause that dog to complete dog
obedience training, or to do both.
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(I) Whoever violates division (E) of section 91.28 because of a failure to
comply with division (B) of that section is guilty of a minor misdemeanor.
,Q) Whoever violates division (E) of section 91.28 because because of a
failure to comply with division (C) or D) of that section is guilty of a minor
misdemeanor on a first offense and of a misdemeanor of the fourth degree on
each subsequent offense.
(K) (1) Whoever violates division (B) of section 91.29, or commits a
violation of division (C) of section 91.29 that involves a dog that is not a
nuisance dog,, dangerous dog, or vicious dog shall be fined not less than
twenty -five dollars or more than one hundred dollars on a first offense, and on
each subsequent offense shall be fined not less than seventy -five dollars or
more than two hundred fifty dollars and may be imprisoned for not more than
thirty days.
2) In addition to the penalties prescribed in division (K)(1) of this
section, if the offender is guilty of a violation of division (B) of section 91.29 or
a violation of division (C) of section 91.29 that involves a dog that is not a
nuisance dog, dangerous dog, or vicious dog, the court may order the offender
to personally supervise the dog that the offender owns, keeps, or harbors, to
cause that dog to complete dog obedience training, or to do both.
L) (1) Whoever commits a violation of division (C) of section 91.29 that
involves a nuisance dog_ is guilty of a minor misdemeanor on the first offense
and of a misdemeanor of the fourth degree on each subsequent offense
involving the same dog_. Upon a person being convicted of or pleading guilty to
a third violation of division (C) of section 91.29 involving the same dog, the
court shall require the offender to register the involved dog as a dangerous
do .
2) In addition to the penalties prescribed in division (L)(1) of this
section, if a violation of division (C) of section 91.29 involves a nuisance dog,
the court may order the offender to personally supervise the nuisance dog that
the offender owns, keeps, or harbors, to cause that dog to complete dog
obedience training, or to do both.
Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Form No. 30043
Passed Page 8 of 9 .20
(M) Whoever commits a violation of division (C) of section 91.29 that
involves a dangerous dog or a violation of division (D) of that section is guilty
of a misdemeanor of the fourth degree on a first offense and of a misdemeanor
of the third degree on each subsequent offense. Additionally, the court max
order the offender to personally supervise the dangerous dog that the offender
owns, keeps, or harbors, to cause that dog to complete dog obedience training,
or to do both, and the court may order the offender to obtain liability insurance
pursuant to division (E) of section 91.29. The court, in the alternative, may
order the dangerous dog to be humanely destroyed by a licensed veterinarian,
the county dog warden, or the county humane society at the owner's expense.
With respect to a violation of division (C) of section 91.29 that involves a
dangerous dog, until the court makes a final determination and during the
pendency of any appeal of a violation of that division and at the discretion of
the dog warden, the dog shall be confined or restrained in accordance with
division (D) of section 91.29 or at the county dog pound at the owner's
expense.
(N)(1) Whoever commits a violation of division (C) of section 91.29 that
involves a vicious dog_ is auilty of one of the following:.
(a) A felony of the fourth degree if the dog kills a person. Additionally,
the court shall order that the vicious dog be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane society at the
owner's expense.
(b) A misdemeanor of the first degree if the dog causes serious injury
to a person. Additionally, the court may order the vicious dog to be humanely
destroyed by a licensed veterinarian, the county dog warden, or the county
humane society at the owner's expense.
(2) If the court does not order the vicious dog to be destroyed under
division (H)(1)(b) of this section, the court shall issue an order that specifies
that division (D) of section 91.28 and divisions (D) to I) of section 91.29 applx
with respect to the dog and the owner, keeper, or harborer of the dog as if the
dog were a dangerous dog and that section 955.54 of the Revised Code applies
with respect to the dog as if it were a dangerous dog. As part of the order, the
court shall order the offender to obtain the liability insurance required under
division (E)(1) of section 91.29 in an amount, exclusive of interest and costs,
that equals or exceeds one hundred thousand dollars. Until the court makes a
final determination and during the pendency of any appeal of a violation of
division (C) of section 91.29 and at the discretion of the dog warden, the dog
shall be confined or restrained in accordance with the provisions described in
division (D) of section 91.29 or at the county dog.pound at the owner's
expense.
(0) Whoever violates division (E)(2) of section 91.29 is guilty of a
misdemeanor of the fourth deg ree.
(P)Whoever violates division (F)(1), (2 ), or 3) of section 91.29 is guilty of
a felony of the fourth degree. Additionally, the court shall order that the dog
involved in the violation be humanely destroyed by a licensed veterinarian, the
county dog warden, or the county humane society. Until the court makes a final
determination and during the pendency of any appeal of a violation of division
(F)(1), (2 ),, or 3) of section 91.29 and at the discretion of the dog warden, the
dog shall be confined or restrained in accordance with the provisions of division
(D) of section 91.29 or at the county dog pound at the owner's expense.
(Q) Whoever violates division (E)(1), (3), or (4) of section 91.29 is guilty of
a minor misdemeanor.
Dayton Legal Blank, Inc.
Ordinance No. 51 -17
RECORD OF ORDINANCES
Passed Page 9 of 9
Form No. 30043
.20
(R) Whoever violates division (I)(4) of section 91.29 is guilty of a minor
misdemeanor.
(S)(1) If a dog is confined at the county dog pound pursuant to division (M),
(N),, or P) of this section, the county dog warden shall give written notice of
the confinement to the owner of the dog. If the county dog warden is unable
to give the notice to the owner of the dog, the county dog warden shall post
the notice on the door of the residence of the owner of the dog or in another
conspicuous place on the premises at which the dog was seized. The notice
shall include a statement that a security in the amount of one hundred dollars
is due to the county dog warden within ten days to secure ,payment of all
reasonable expenses, including medical care and boarding of the dog for sixty
days, expected to be incurred by the county dog pound in caring for the dog_
pending the determination. The county dog warden may draw from the security
any actual costs incurred in caring for the dog.
(2) If the person ordered to post security under division (S_)(1) of this
section does not do so within ten days of the confinement of the animal, the
dog is forfeited, and the county dog warden may determine the disposition of
the dog unless the court issues an order that specifies otherwise.
(3) Not more than ten days after the court makes a final determination
under division (M), (N), or (P) of this section, the county dog warden shall
provide the owner of the dog with the actual cost of the confinement of the
dog. If the county dog warden finds that the security provided under division
(S),(1) of this section is less than the actual cost of confinement of the dog_,
the owner shall remit the difference between the security provided and the
actual cost to the county dog warden within thirty days after the court's
determination. If the county dog warden finds that the security provided
under division (S)(1) of this section is greater than that actual cost, the
county dog warden shall remit the difference between the security provided
and the actual cost to the owner within thirty days after the court's
determination.
(T) As used in this section, "nuisance dog," "dangerous dog," and "vicious
dog" have the same meanings as in section 91.28.
SectioD,.2, This ordin$ce shall take effect on the earliest date permitted by law.
Pass this of , 2017.
yor - Pre ding 6fficer
ATTEST:
r-
Clerk of Council
V1
To: Dublin City Council
Dana L. McDaniel, City Manager x:yV FY
Anne C. Clarke, Clerk of Council
From Jennifer D. Readler, Law Director
Stephen I Smith, Assistant Law Director
Date: August 10, 2017
Re -, Chapter 91: Dangerous and Vicious Animals
On June 16, 2017 the City of Dublin received correspondence from the ASPCA regarding the City's
Ordinances on dangerous and vicious animals, specifically pit bulls. The ASPCA has asked that
the City amend its ordinances to be compliant with Ohio law and recent court decisions.
In 2002, the City held hearings on potential regulations regarding dangerous and vicious animals.
At the time, the City decided to enact local restrictions that mirrored state law which included
defining all pit bulls as vicious regardless of their behavior and/or conduct. As part of this
legislation, all pit bull owners were required to file proof of insurance with the Division of Police.
It should be noted that since 2002, only 3 pit bull owners have complied with this requirement,
In 2009, the Ohio Supreme Court gave municipalities wide latitude in addressing dog issues. In
Youngstown v. Taylor, the Court stated that "[L]egislatures have broad police power to regulatt
all dogs so as to protect the public against the nuisance posed by a vicious dog."' 123 Ohio St.3d
132, 2009-Ohio-4184, 914 N.E.2d 1026f $ 9 (2009). As part of this case, they discussed pit bull
specific regulations:
Memo re. Ordinance 51-17 — Amendment to Vicious Dog Legislation
August 10, 2017
Page 2
Ironically, in the Youngstown and Toledo cases the Supreme Court never considered and/or
addressed Home Rule in its majority opinions.
In 2012, Ohio law changed and pit bulls were no longer classified as vicious by nature. Instead,
Ohio law created three categories for problematic dogs: nuisance, dangerous and vicious. To fall
into any of these categories a dog would have to exhibit certain behavior and/or conduct such as
chasing, attempting to bite., biting, injuring (another animal or human) or killing a human.