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Avon Lake, OH: City tweaks vicious dog laws (BSL)
Posted on June 4, 2009 by stopbslcom
Avon Lake's proposed ordinance does not provide due process for "pit bull" owners, and redefines "pit bull" as "any dog that has the predominate appearance and characteristics of a straffordshire [sic] bull terrier, American pit bull terrier or an American straffordshire [sic] terrier."

Next city council meeting: June 8, 7:30 PM

City of Avon Lake contact info:
150 Avon Belden Road, Avon Lake, Ohio 44012
[email protected]
Phone: 440-933-6141
Fax: 440-930-4107

City tweaks vicious dog law - Cleveland.com

City tweaks vicious dog law
Thursday, June 04, 2009
By Alison Meaney [email protected]
The Sun

AVON LAKE The vicious dogs issue is back on the drawing board with City Council expected to make a final decision before it recesses for the summer.

Officials are in the process of updating ordinances that would provide due process to owners of vicious dogs, excluding pit bulls, to appeal to the courts before any action is taken on their animals.

"A lot of the changes are in compliance with state law, but we made it a little bit tighter," Mayor K.C. Zuber said.

According to Law Director Bill Kerner, the rules are being reassessed to adhere with an Ohio Supreme Court decision which granted due process to owners of vicious dogs, excluding pit bulls.

"What John Reulbach and the safety committee are trying to do is create an appeal section trying to provide due process that the court found was lacking in the state statute," Kerner explained.

A vicious dog is one that has caused serious harm to any person or has killed another dog. After a police officer investigates an attack, the owner of the dangerous dog would be notified of the decision and would have a week to appeal to the ruling.

Kerner said council took the time to "beef up" dog ordinances, in addition to giving more rights to owners of pets deemed vicious, excluding pit bulls.

"They made some of the penalties greater and they talked about building stronger, approved fences," he said.

Additions to the ordinances will combat confusion about the variety of breeds resembling pit bulls by expanding the definition of a pit to any dog that has the predominate appearance and characteristics of a straffordshire bull terrier, American pit bull terrier or an American straffordshire terrier.

Under the new ordinance, owners of vicious dogs would have to register their dogs with the police station once every year, providing photographs, proof the dog is spayed or neutered, and that it has all its shots.

They would also have to provide police with proof the dog is covered by at least $100,000 worth of liability issuance as well as a sworn affidavit stating they haven't already claimed an animal-related incident on their homeowners insurance policy.

Additional provisions state that owners would have to display a sign at the owner's cost warning of the dangerous dog on the property.

They would have to secure their dog with a substantial chain and a 5-foot fence submerged 2 feet in the ground or a locked chain link fence with a top.

Every time the dog comes off the property, it must be restrained with a muzzle and a leash no longer than six feet.

To deter repeat offenders, any violation of these new rules would net vicious dog owners a first degree misdemeanor, which ,according to police Lt. Vince Molnar, could result in a maximum fine of $1,000.

Ward 4 Councilman Dave Kos and Ward 2 Councilwoman Jennifer Fenderbosch are calling for another provision in the ordinance that would send a vicious dog and its owner to a veterinarian-directed dog training class to address the dog owner's behavior.

"The dog is a product of its owner," Kos said. "The behavior of a dog owner must change so you don't have repeat behavior that led to an attack in the first place."

Readings of the proposed ordinances will take place at City Council meetings on Monday and on June 22 and July 13.
 

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Avon Lake, OH: City tweaks vicious dog laws (BSL)
Posted on June 4, 2009 by stopbslcom
Avon Lake's proposed ordinance does not provide due process for "pit bull" owners, and redefines "pit bull" as "any dog that has the predominate appearance and characteristics of a straffordshire [sic] bull terrier, American pit bull terrier or an American straffordshire [sic] terrier."

Next city council meeting: June 8, 7:30 PM

City of Avon Lake contact info:
150 Avon Belden Road, Avon Lake, Ohio 44012
[email protected]
Phone: 440-933-6141
Fax: 440-930-4107

City tweaks vicious dog law - Cleveland.com

City tweaks vicious dog law
Thursday, June 04, 2009
By Alison Meaney [email protected]
The Sun

AVON LAKE The vicious dogs issue is back on the drawing board with City Council expected to make a final decision before it recesses for the summer.

Officials are in the process of updating ordinances that would provide due process to owners of vicious dogs, excluding pit bulls, to appeal to the courts before any action is taken on their animals.

"A lot of the changes are in compliance with state law, but we made it a little bit tighter," Mayor K.C. Zuber said.

According to Law Director Bill Kerner, the rules are being reassessed to adhere with an Ohio Supreme Court decision which granted due process to owners of vicious dogs, excluding pit bulls.

"What John Reulbach and the safety committee are trying to do is create an appeal section trying to provide due process that the court found was lacking in the state statute," Kerner explained.

A vicious dog is one that has caused serious harm to any person or has killed another dog. After a police officer investigates an attack, the owner of the dangerous dog would be notified of the decision and would have a week to appeal to the ruling.

Kerner said council took the time to "beef up" dog ordinances, in addition to giving more rights to owners of pets deemed vicious, excluding pit bulls.

"They made some of the penalties greater and they talked about building stronger, approved fences," he said.

Additions to the ordinances will combat confusion about the variety of breeds resembling pit bulls by expanding the definition of a pit to any dog that has the predominate appearance and characteristics of a straffordshire bull terrier, American pit bull terrier or an American straffordshire terrier.

Under the new ordinance, owners of vicious dogs would have to register their dogs with the police station once every year, providing photographs, proof the dog is spayed or neutered, and that it has all its shots.

They would also have to provide police with proof the dog is covered by at least $100,000 worth of liability issuance as well as a sworn affidavit stating they haven't already claimed an animal-related incident on their homeowners insurance policy.

Additional provisions state that owners would have to display a sign at the owner's cost warning of the dangerous dog on the property.

They would have to secure their dog with a substantial chain and a 5-foot fence submerged 2 feet in the ground or a locked chain link fence with a top.

Every time the dog comes off the property, it must be restrained with a muzzle and a leash no longer than six feet.

To deter repeat offenders, any violation of these new rules would net vicious dog owners a first degree misdemeanor, which ,according to police Lt. Vince Molnar, could result in a maximum fine of $1,000.

Ward 4 Councilman Dave Kos and Ward 2 Councilwoman Jennifer Fenderbosch are calling for another provision in the ordinance that would send a vicious dog and its owner to a veterinarian-directed dog training class to address the dog owner's behavior.

"The dog is a product of its owner," Kos said. "The behavior of a dog owner must change so you don't have repeat behavior that led to an attack in the first place."

Readings of the proposed ordinances will take place at City Council meetings on Monday and on June 22 and July 13.
How can you exclude someone from due process? Is that even Constitutional? Are there any lawyers on here that can chime in? As mentioned in another post and once again here is this not Arbitrary and Capricious (legally unfair)?
 

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wow seems like owning a pit bull is more important then drugs and crime. And that is a very good question, how can they take due process away just because of the type of dog you own? Seems like a discrimanation thing to me. I say everyone that owns a pit bull in Ohio starts a giant law suit against the state for discrimination
 
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