MEMORANDUM
TO:
Members of Council
FROM:
William M. Ondrey Gruber, Director of Law
CC:
Mayor Earl M. Leiken
Jeri E. Chaikin, Chief Administrative Officer
DATE:
November 6, 2015
RE:
Proposed Pit Bull Dog Ban and Other Dog/Animal Ordinance Amendments
SUMMARY
On October 26, 2015, Council placed legislation on first reading that would ban new pit bull dogs in the
City, declare that pit bull dogs currently in the City are considered “vicious dogs” whose owners must
comply with the vicious dog regulations, and make other changes to strengthen the City’s dog
regulations to protect the residents of the City. Council is asked to place the proposed legislation on
second reading on November 9th.
The Safety and Public Works Committee heard and discussed this proposal at their meetings on
September 4 and October 2, 2015. All seven members of the Committee at the October 2nd meeting
wanted to recommend to City Council that they adopt a ban on pit bull dogs. The Committee voted 5-2 to
recommend that Council approve a pit bull dog ban, while “grandfathering” pit bull dogs in the City at the
time the legislation is adopted, and declaring that pit bull dogs remaining in the City are considered
“vicious dogs” whose owners must comply with the City’s vicious dog regulations.
Also included, at the request of the Committee, is a requirement that all vicious dogs, including Pit Bull
Dogs that are grandfathered, must be registered with the City annually. The fee is $20 (the same price
charged for Dog Licenses by the County), and the fee is doubled to $40 if the dog is registered late in any
year.
A summary of the proposed ordinance amendments is presented below.
A copy of the proposed ordinance amendments is attached to this Memorandum. The proposed
additions to the current ordinances are shown as underlined text, and proposed deletions from current
law are shown as crossed out text.
DISCUSSION
Recent History of Pit Bull Regulation in Shaker Heights and Ohio
On November 24, 2008, City Council adopted changes to the City’s dog ordinances, including a
provision that created a presumption that a dog is considered a “vicious dog,” and subject to more
stringent regulation, if State law provides that there is a presumption that a dog is vicious if it belongs
CITY OF SHAKER HEIGHTS I LAW DEPARTMENT
3400 LEE ROAD I SHAKER HEIGHTS, OH 44120 I TEL 216.491.1440 I FAX 216.491.1447 I OHIO RELAY SERVICE 711 I WEB shakeronline.com
to a particular breed. (Ord. 08-102, enacted November 24, 2008.)
At that time, Ohio law provided that there was a presumption that a “pit bull dog” was a vicious dog,
but this provision was deleted by the Ohio General Assembly on May 22, 2012, in HB19. The effect of
this change meant that Shaker’s ordinances no longer considered pit bulls automatically vicious.
Regulation of Pit Bulls in Other Communities
Over 700 U.S. cities have adopted breed-specific laws since the mid-1980s, just after pit bulls (fighting
dogs) began leaking into the general population. (Estimated U.S. Cities, Counties and Military
Facilities with Breed-Specific Laws by DogsBite.org, 2015.) Twenty-nine (29) communities in Ohio
have banned pit bulls.
In Cuyahoga County, the following 6 cities have banned pit bull dogs:
Brook Park
Garfield Heights
Lakewood
Richmond Heights
Warrensville Heights
Parma
In the rest of Ohio, the following 23 communities have banned pit bulls:
Bexley
Canfield
Elmwood Place
Fairborn
Fairfield
Gallipolis
Lisbon
Mansfield
Massillon
Norwood
Plymouth
Put-In-Bay
Rome Township
Sharonville
Shelby
Village of Golf Manor Village of South Point Youngstown
Englewood
Girard
New Lexington
Reynoldsburg
Village of Amberley
Another 52 communities in Ohio declare pit bulls as being automatically vicious, and many of these
require registration and other measures by the owners of pit bulls. In Cuyahoga County, the following
10 communities declare pit bulls as automatically vicious:
Bedford Heights
Broadview Heights Brooklyn
Cleveland Heights
Euclid
Highland Heights
Middleburgh Heights
North Olmsted
Rocky River
Bratenahl
Legality of Breed-Specific (Pit Bull) bans and Regulations
Pit bull dog bans, while controversial, have been upheld by multiple courts around the country as both
constitutional and as rationally based on the government’s interest in protecting the health, welfare
and safety of their citizens.
In Ohio the courts, both state and federal, have upheld such bans as being within the Home Rule
powers of cities. (See for example, Tarquino v. Lakewood, 2011 WL 4458165 (N.D.Ohio) (US Dist.
Ct., ND Ohio ED).)
In 1991, the Ohio Supreme Court found the following about pit bulls:
“During the past ten years, there has been a dramatic rise in the number of fatalities and
severe maulings caused by pit bull dogs. Unlike dogs who bite or attack merely to protect
a person or his property and then retreat once the danger has passed, pit bulls besiege
their victims relentlessly, until severe injury or death results. In response, lawmakers in
states and cities across the country have enacted legislation regulating pit bull dog
ownership…[the] physical features [of pit bull dogs] include a short, squatty body with
developed chest, shoulders, and legs; a large, flat head; muscular neck and a protruding
jaw. The appearance of these dogs typifies strength and athleticism. They can climb trees,
they have extremely strong jaws and biting power, and they tend to clamp on to something
and not let go…”
2
State v. Anderson, 57 Ohio St. 3d 168 (1991).
The Ohio Supreme Court also found that evidence established in other cases has found that "the
pit bull is an exceptionally strong and athletic dog which requires extraordinary measures for
confinement (e.g., six-foot-high enclosed fences). Pit bulls have exceptionally strong bites and
have been known to destroy sheet metal panels by ripping them apart with their teeth…[it is] a
dog which possesses "massive canine jaws [which] can crush a victim with up to two thousand
pounds (2,000) of pressure per square inch—three times that of a German Shepherd or
Doberman Pinscher, making the Pit Bull's jaws the strongest of any animal, per pound…pit bull
possesses certain distinctive behavioral features which differentiate it from other dog
breeds…grasping strength…climbing and hanging ability…weight pulling ability...a history of
frenzy, which is the trait of unusual relentless ferocity or the extreme concentration on fighting
and attacking…a history of catching, fighting, and killing instinct…the ability to be extremely
destructive and aggressive…highly tolerant of pain…great biting strength…undying tenacity and
courage and they are highly unpredictable."
Pit Bull Statistics
Study: “Dog Attacks and Maimings in U.S. and Canada, 1982-2014” (based on media reports)
The study found that Pit Bulls and Pit Bull mixes made up:
69% of attacks causing bodily harm
75% of attacks against children
61% of attacks of adults
53% of fatalities
70% of maimings
The study concluded the following:
• Pit bulls and their close mixes make up only about 6% of the total U.S. dog population…but
they constitute 37% of the dog population in U.S. animal shelters at any given time.
• Pit bulls are noteworthy for attacking adults almost as frequently as children. This is a very
rare pattern. Children are normally at greatest risk from dog bite because they play with dogs
more often, have less experience in reading dog behavior, are more likely to engage in activity
that alarms or stimulates a dog, and are less able to defend themselves when a dog becomes
aggressive.
• Pit bulls have far less inhibition about attacking people who are larger than they are.
• They are also notorious for attacking seemingly without warning.
• An adult victim of a pit bull attack may have had little or no opportunity to read the warning
signals that would avert an attack from any other dog.
• In addressing the threats from pit bulls, the life-threatening or fatal attack was apparently often
the first known dangerous behavior by the animal in question. Children and elderly people
were almost always the victims.
• Temperament is not the issue illustrated by the above data, nor is it relevant. What this data
reveals is actuarial risk. If almost any other dog has a bad moment, someone may get bitten,
but will not be maimed for life or killed, and the actuarial risk is accordingly reasonable.
• If a pit bull has a bad moment often someone is maimed or killed––and that has now created
off-the-chart actuarial risk, for which the dogs as well as their victims are paying the price.
Source: Merritt Clifton, editor, ANIMALS 24-7, News for the Humane Community, POB 101,
Greenbank,
WA
98253,
Telephone:
360-678-1057,
Cell:
360-969-0450,
E-mail:
[email protected]; World Wide Web: www.Animals24-7.org
3
Additional Data:
•
Between July 2014 and July 2015, at least 143 pit bull incidents were reported in Cleveland.
(www.cleveland19.com/story/29557161/dominic-mancuso-editorial-pit-bull-dilemma)
•
In 2013 and 2014, pit bulls were responsible for 78% and 64%, respectively, of all dog bite
related fatalities in the United States. (scorchedearththepoliticsofpitb.blogspot.com)
•
From 2005 to 2014, while pit bull dogs represented perhaps 6% of all dogs in the United States,
they killed 203 Americans (about one citizen every 18 days), or 62% of the total number of dog
related deaths (326). The breed involved in the second most number of fatalities, Rottweilers,
killed 38 Americans. (dogs.bite.org)
•
Over the past 30 years (up to 2012), 71% of the pit bull fatalities have occurred in the past 10
years; 42% in the past four years; 24% in the past two years. 30-Year Summary: Dog Attack
Deaths and Maimings, U.S. & Canada September 1982 to December 26, 2011 by Merritt
Clifton, Animal People, 2012.
•
By 2017, pit bulls are projected to have mauled 305 Americans to death since 1998, the year
the CDC stopped tracking fatal dog attacks by breed. Fatalpitbullattacks.com, 2014, Nonprofits
Urge CDC to Resume Tracking Richer Data Set for Children and Adults Disfigured, Maimed
and Killed by Dogs, DogsBite.org, 2014.
•
In the 3-year period of 2006 to 2008, 18% of all fatal dog attacks occurred off owner property.
Pit bulls were responsible for 81% of these attacks. Report: U.S. Dog Bite Fatalities January
2006 to December 2008 by DogsBite.org, 2010
•
In the first eight months of 2011, nearly half of the persons killed by a pit bull were the dogs’
owners and primary caretakers. 2011 Dog Bite Fatalities by DogsBite.org, 2011
Recent Pit Bull Incidents:
•
On July 12, 2015, a woman in Shaker Heights was killed after being mauled by a pit bull dog.
It was reported by the New York Daily News (on nydailynews.com) that “A pit bull jumped on a
Cleveland grandma and mauled her to death in her relatives’ driveway on Sunday afternoon,
according to reports. The dog attacked Annie L. Williams, 71, in Shaker Heights at around 2
p.m. and bit into the screaming woman as neighbors attempted to get the pit bull off her, a
witness told the Northeast Ohio Media Group. A neighbor shot the dog as Williams’ blood
splattered in front of her horrified relatives at the Pennington Rd. home, said Darlene White,
who lives down the street. The dog then ran into a backyard, where responding officers from
the Shaker Heights Police Department shot it dead. Emergency personnel rushed Williams to
South Pointe Hospital after the ten-minute onslaught, but medical officials pronounced her
dead, WOIO-TV reported.”
•
Ms. Williams was the 5th person killed by a pit bull dog in Ohio since the State law was
changed in 2012. (blog.dogbite.org)
•
On June 11, 2015, in Cleveland Heights, a 49-year old woman was hospitalized for a week
and sent city officials "dramatic" photos of her injuries after being attacked by a pit bull dog.
•
On July 15, 2015, in Chardon, Ohio, a pit bull and a bull dog were involved in a fight that left
a Chardon infant with serious injuries. (Cleveland.com)
4
•
On August 10, 2015, a dog was attacked and killed by two pit bull terriers as it was walked by
its 81-year old owner in Avon Lake. The owner was injured by the dogs trying to protect his
dog. (newsnet5.com)
•
On May 23 and August 19, 2015, pit bulls or pit bull mixed dogs were reported to be involved
in biting or knocking down U.S. postal workers in Shaker Heights; on Lytle Road on May 23rd,
and on South Woodland Road on August 19th.
The postal workers report that the dog on Lytle has chased mail carriers five or six times. In
the incident in May, the pit bull ran from the house when the carrier was leaving a neighboring
property, the carrier’s bag of mail was knocked to the ground and spilled its contents, and the
carrier was bitten. The postal service stopped delivery at the address where the dog resides.
The City has issued a dangerous dog letter to the owner.
A female mail carrier said that she was walking on South Woodland in August when a pit bull
dog came out of a nearby house and knocked her to the ground. She sprayed the dog with
pepper spray. She reported it was the third time the dog had charged at her this year.
Residents in the area told Police that the dog has an invisible fence, but that it does not always
keep the dog on its property. The Post Office ceased mail delivery to the home where the dog
resides and neighboring properties on South Woodland, until the City intervened to reassure
the Post Office of action we were taking. The City has issued a dangerous dog letter to the
owner.
•
On October 5, 2015, a jogger was attacked on Scottsdale by a pit bull and injured.
•
On October 21, 2015, the City issued a vicious dog order due to a pit bull attacking and
injuring a child on Strathavon.
•
On October 24, 2015, a pit bull was at large and menacing a postal worker on Scottsdale.
•
Between 2013 and 2015, the City issued 8 Dangerous Dog orders, 4 involved pit bull dogs; 3
Vicious Dog Orders were issued, with 2 involving pit bull dogs.
Summary of Findings and Recommendation:
While dogs of other breeds can and have killed and injured people and pets, and many types of dogs
have been involved in dog bite incidents, the pit bull dog, statistically, far out ranks any other breed of
dog in the number and severity of dog attacks and deaths and injuries related to dogs. While certainly
the way a pit bull dog is raised and treated has a tremendous effect on how a pit bull dog may act, just
like for other dogs, the breed is unique in its ability to cause severe injury or even death to persons
and pets in a relatively short period of time.
In addition to the statistical analysis, the fact that this summer a pit bull dog caused a needless death
of an older woman in the City, without apparent provocation, has caused the Administration to review
the City’s dog ordinances, and the fact that the State has weakened its laws involving pit bull dogs in
recent years.
The main problem with current law, in the City and State is that it takes a severe incident of death to
another dog or injury to a person involving a pit bull dog to enable the City to declare a pit bull dog
vicious and place greater restrictions on the individual dog. This fact, and the City’s review of the dog
ordinances, has led to the proposal to ban pit bull dogs in the City, and to make other changes to
strengthen the City’s dog regulations to protect the residents of the City.
5
It should be noted that the City follows the requirements of the Americans with Disabilities Act (ADA)
with regard to service dogs, and has considered requests for a waiver of the City’s dog ordinances
with regard to service and therapy dogs on a case by case basis, including allowing appeals of orders
on the basis that a dog is a service or therapy dog. This practice would also apply to pit bull dogs that
would otherwise be banned from the City under the proposed ordinance amendments.
SUMMARY OF THE AMENDMENTS TO THE DOG ORDINANCES:
(NOTE: “housekeeping” changes that are not substantive are listed after this section)
705.01 DEFINITIONS.
(1)
Adds a definition of “Pit Bull Dog” (i.e. a Staffordshire Bull Terrier, American Pit Bull
Terrier, American Staffordshire Terrier, or an American Pit Bull, or a mixed breed
predominantly of one or more of such breeds based on appearance and
characteristics); allows determination by the animal warden, veterinarian, or zoologist.
(2)
Amends definition of "Vicious dog" to add “a dog that is a Pit Bull Dog.”
(3)
Deletes language that, if State law declares a dog prima facie a vicious dog if it
belongs to a particular breed, then the City also declares such dog a vicious dog.
705.03 NUISANCE CONDITIONS PROHIBITED; PIT BULL DOGS DECLARED NUISANCE.
705.04
(1)
Amends name of section to add “pit bull declared a nuisance.”
(2)
Adds a new subsection (d) which declares Pit Bull Dogs a nuisance. Note: any
nuisance is prohibited in the City.
(3)
Adds a provision that “grandfathers” Pit Bull Dogs that reside in the City on the
effective date of the section, but requires that the owner, keeper, or harbor comply with
the vicious dog requirements in Section 705.07.
(4)
Adds a provision that prohibits any person from possessing, keeping or harboring a Pit
Bull Dog in the City, unless it is “grandfathered,” AND the person who owns,
possesses, keeps or harbors the dog complies with the dog ordinance, including the
vicious dog section.
(5)
Exempts from the ban a veterinary clinic, duly licensed by the State of Ohio, which
keeps, possesses, controls or harbors a Pit Bull Dog for purposes of treatment at the
veterinary clinic.
ABATEMENT OF NUISANCE.
Amends this section to require that a Pit Bull Dog that is not grandfathered must be removed
from the City.
705.07 VICIOUS DOGS.
(1)
Adds new requirements for vicious dogs. The new requirements for vicious dogs are:
a.
must be registered with the City’s Public Works Department;
b.
must receive regular rabies vaccinations;
c.
must be spayed or neutered;
6
d.
must be implanted with a microchip or similar device approved by the City;
e.
owner must have $500,000 liability insurance policy; currently $100,000.
The other requirements remain the same as for a dangerous dog.
(2)
A separate provision describes what is required as to registration for vicious dogs,
including Pit Bull Dogs. Such dogs must be registered for the first time by March 31,
2016, and every year after by January 31st. The owner has to go to the Service Center,
use the Department’s form, and demonstrate compliance with the vicious dog
requirements. A Pit Bull owner must demonstrate that the resided in the City on the
effective date of the ordinance. The annual fee is $20, and a fee paid late is $40.
705.08 IMPOUNDING OF ANIMALS.
(1)
Adds to the authority of the Animal Warden to impound a Pit Bull Dog or vicious dog
not in compliance with the ordinance.
(2)
Adds to the authority of the Animal Warden to impound an animal on the owner’s
property in several circumstances (e.g. neglect, if the animal poses a danger to “any
person”).
705.09 QUARANTINE OF ANIMALS.
Adds new language allowing the Animal Warden to order, under certain circumstances, like
when a dog already declared vicious or dangerous, or a pit bull, bites someone, that the dog
be quarantined at a vet’s office or with the Animal Warden, rather than at the home of the dog
owner.
705.17 APPEALS.
Adds a right to appeal if a dog is impounded under the new authority in section 705.08 above.
705.99 PENALTY.
(1)
Clarifies the intent that violations of certain sections of the ordinance are strict liability
offenses for which the lack of knowledge or intent is not a required element.
(2)
Adds a provision that the court may order a pit bull to be removed from the City.
“HOUSEKEEPING” CHANGES TO MAKE CORRECTIONS AND CLARIFICATIONS:
705.02 DOG LICENSE; DOGS UNDER CONTROL OR RUNNING AT LARGE; LEASHES
REQUIRED IN CERTAIN CITY PARKS.
(1)
Corrects name of County Auditor to Fiscal Officer.
(2)
Makes minor language change in Section 705.02 (d).
(3)
Corrects language that makes a violation of the leash requirements for certain City
parks a minor misdemeanor. The current reference incorrectly makes animal at large a
minor misdemeanor.
7
705.03 NUISANCE CONDITIONS PROHIBITED; PIT BULL DOGS DECLARED NUISANCE.
(1)
Minor language change in Section 705.03 (a).
(2)
Moves portion of existing subsection (d) to subsection (c) regarding an animal that
digs, urinates or defecates on another’s property, which is declared a nuisance.
However, if the feces are immediately removed the nuisance is considered abated.
705.08 DANGEROUS DOGS.
Amends this section to clarify and simplify the language. No substantive change.
705.07 VICIOUS DOGS.
(1)
Clarifies and simplifies the language. Substantive changes are discussed above.
(2)
Deletes provision regarding waiver forms that are no longer used or accepted.
705.13 WILD, DANGEROUS AND UNDOMESTICATED ANIMALS PROHIBITED.
Clarifies the name of this section to apply to “wild, dangerous and undomesticated animals.”
This avoids confusion with the new pit bull ban.
705.99 PENALTY.
Clarifies the penalty section to add “where no other penalty is prescribed” since there is
another penalty set forth in a different section (i.e. a violation of leash law in parks is a minor
misdemeanor).
RECOMMENDATION
Council is asked to place the attached ordinance amendments on second reading. The amendments ban
new pit bull dogs in the City, declare that pit bull dogs currently in the City are vicious dogs whose owners
must comply with the City’s vicious dog regulations, and make changes to strengthen the City’s dog laws.
Attachment
councilmemos/11062015DogOrdAmendCOUNCIL
8
1st Reading 10-26-15
ORDINANCE NO. 15-87
BY: James Brady
Amending Sections 705.01, 705.02, 705.03, 705.04, 705.06, 705.07,
705.08, 705.09, 705.13, 705.17, and 705.99 of Part Seven, General Offenses
Code, of the Codified Ordinances of Shaker Heights concerning the regulation
of dogs and other animals.
WHEREAS, Sections 705.01, 705.02, 705.03, 705.06, 705.07, 705.08,
and 705.17 were most recently amended by Ordinance 08-102, enacted November
24, 2008; and
WHEREAS, Sections 705.04, 705.09, 705.13 and 705.99 were enacted
or most recently amended in their current form by Ordinance 087-99, enacted
April 25, 1988; and
WHEREAS, pit bull dogs, statistically, far out rank any other
breeds of dogs in the number and severity of dog attacks and deaths and
injuries related to dogs;
WHEREAS, pit bull dogs are unique among other dog breeds in
their ability to cause severe injury or even death to persons and pets in a
relatively short period of time; and
WHEREAS, in July 2015 a pit bull dog caused a needless death of
a grandmother visiting the City, without apparent provocation, which has
caused the Administration and Council to review the City’s dog ordinances;
WHEREAS, the State of Ohio has weakened its laws involving pit
bull dogs in recent years; and
WHEREAS, under the City’s and State’s current law, it requires a
severe incident of death to another dog or significant injury to a person
involving a pit bull dog to enable the City to declare a pit bull dog
vicious and place greater restrictions on the dog’s owner; and
WHEREAS, this Council has determined that the City’s dog
ordinances and other animal regulations should be amended and modified in
order strengthen their protections of residents of and visitors to the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Shaker Heights, State of Ohio:
Section 1.
Sections 705.01, 705.02, 705.03, 705.04, 705.06,
705.07, 705.08, 705.13, 705.17, and 705.99 of Part Seven, General Offenses
Code, of the Codified Ordinances of Shaker Heights as presently in effect are
hereby repealed.
Section 2.
Sections 705.01, 705.02, 705.03, 705.04, 705.06,
705.07, 705.08, 705.13, 705.17, and 705.99 of Part Seven, General Offenses
Code, of the Codified Ordinances of Shaker Heights as presently in effect are
hereby amended, to read as follows:
CHAPTER 705
Animals, Dogs and Bees
705.01 DEFINITIONS.
As used in this Chapter, certain terms are defined as follows:
(a) “Animal Warden” means the Director of Public Works and his or
her designee, who may be a City employee or a contractor hired to act as
Animal Warden on behalf of the City, and those employees of the City or its
contractor designated by the Director as Animal Wardens.
(b) "Dangerous dog" means a dog which, without provocation, has
chased or approached in either a menacing fashion or an apparent attitude
of attack or has attempted to bite or otherwise endanger any person, or
which presents a risk to the safety of any person, or which has caused
serious physical injury to another domestic animal.
(1) A "dangerous dog" shall not include the following:
A.
A police dog that is being used to assist one or more
law enforcement officers in the performance of their
duties.
B.
A dog which has caused injury to any person while
such 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.
(2) It shall be prima-facie evidence that a dog is dangerous
if its owner, keeper or harborer has been notified in
writing by the Animal Warden that the dog is considered
dangerous, based on the following:
A.
One or more verified incidents reported to the City
that the dog, without provocation, has chased or
approached in either a menacing fashion or an
apparent attitude of attack or has attempted to bite
or otherwise endanger any person, or has caused
serious physical injury to any domestic animal; or
B.
Because of improper training, neglect, prior history,
physical or other characteristics including height,
weight and breed, or other good and sufficient cause,
the dog presents a risk to the safety of any person.
(3) A determination by the Animal Warden that a dog is
dangerous may be appealed as set forth in Section 705.17
of this Chapter.
(c) "Menacing fashion" means that a dog would cause any person being
chased or approached to reasonably believe that the dog will cause physical
injury to that person.
(d) "Owner, keeper or harborer" means a person who owns, provides
shelter or cares for an animal, or otherwise has control of or is
responsible for such animal.
(e) “Pit Bull Dog” means a Staffordshire Bull Terrier, American Pit
Bull Terrier, American Staffordshire Terrier, or an American Pit Bull, or a
mixed breed predominantly of one or more of such breeds, or a dog whose
appearance and characteristics render it identifiable as partially of one
or more of such breeds as determined by a qualified animal control officer
or veterinarian, or a dog commonly known as a pit bull, pit bull dog or pit
bull terrier as determined by qualified animal control officer, zoologist
or veterinarian. It shall be prima-facie evidence that a dog is a Pit Bull
Dog if a qualified veterinarian, zoologist, or animal control officer makes
or provides a sworn statement that a particular dog exhibits distinguishing
physical characteristics of a pit bull dog.
(fe) "Police dog" means 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.
(gf) "Vicious dog" means a dog that, without provocation, has
attacked any person with such severity or has caused such physical harm so
as to cause a reasonable person to conclude that the dog presents a
substantial risk to the safety of any person, or has killed another
domestic animal, or a dog that is a Pit Bull Dog.
(1) A "vicious dog" shall not include the following:
A.
A police dog that is being used to assist one or more
law enforcement officers in the performance of their
duties.
B.
A dog that has caused injury to any person while such
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.
(2) It shall be prima-facie evidence that a dog is vicious, if
A. its owner, keeper or harborer has been notified in
writing by the Animal Warden that the dog is considered
vicious, based upon the following:
A.
1.
One or more verified incidents reported to the
City that the dog has, without provocation,
attacked any person with such severity or has
caused such physical harm so as to cause a
reasonable person to conclude that the dog
presents a substantial risk to the safety of
any person; or
B.
2.
One or more verified incidents reported to the
City that the dog has, without provocation,
killed another domestic animal; or.
B.
State law provides that it is prima facie evidence
that a dog is vicious if it belongs to a particular
breed. 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.
(3)
A determination by the Animal Warden that a dog is a Pit
Bull Dog, or that a dog is vicious , including that it is
prima facie evidence that a particular dog is vicious
under State law, may be appealed as set forth in Section
705.17 of this Chapter.
(hg) "Without provocation" means that a dog was:
(1) Not teased, tormented or abused by a person; or
(2) Not coming to the aid or the defense of a person, provided
that such person was not engaged in illegal or criminal
activity and was not using the dog as a means of carrying
out such activity; or
(3) In the case of another domestic animal, that the dog was
not attacked by such animal or that such animal was not
running at large.
705.02
DOG LICENSE; DOGS UNDER CONTROL OR RUNNING AT LARGE; LEASHES
REQUIRED IN CERTAIN CITY PARKS.
(a) Except as otherwise provided in the Ohio Revised Code, every
person who owns, keeps, or harbors a dog more than three months of age in
the City of Shaker Heights shall obtain and maintain a current dog license
issued by the Cuyahoga County Fiscal OfficerAuditor.. (ORC 955.01)
(b) Any person, being the owner, keeper or harborer of any dog, when
the dog is on the premises of its owner, keeper or harborer, shall keep the
dog physically confined or restrained upon the premises by a leash, tether,
adequate physical or buried electric dog fence, supervision, training
and/or secure enclosure to prevent escape.
(c) The entry of any dog upon any public or private property within
the limits of this City, other than the property of the owner, keeper or
harborer of such dog, shall constitute a running at large, unless such dog
is securely leashed or under such control by the owner, keeper or harborer
so as to prevent the dog from being or creating a nuisance. No person,
being the owner, keeper or harborer of any dog shall permit the dog to run
at large within the limits of this City.
(d) A vicious or dangerous dog shall at all times be restrained or
confined as required set forth inby this Cchapter.
(e) No person, being the owner, keeper or harborer of any dog, shall
permit the dog to enter Horseshoe Lake Park, Lower Lake Park or Southerly
Park, as defined in this section, unless the dog is securely leashed and
the leash is firmly held by the person with the dog. Horseshoe Lake Park
is that area of the City, beginning at the curb, east of Lee Road, north of
South Park Boulevard, west of Park Drive, including the driveway entrance
to the Park, and south of the City line. Lower Lake Park is that area of
the City, beginning at the curb, east of Coventry Road, north of South Park
Boulevard, west of North Woodland Road, and south of the City line.
Southerly Park is that area of the City, beginning at the curb, east of
West Park Boulevard, north of South Woodland Road, west of South Park
Boulevard, and south of Shaker Boulevard.
(f) Any violation of subsection (ec) of this section shall be a
minor misdemeanor. In addition to any other method of enforcement provided
in these Codified Ordinances, subsection (ec) of this section may be
enforced by the issuance of a citation pursuant to Rule 4.1 of the Ohio
Rules of Criminal Procedure.
(g) Notwithstanding the provisions of Section 121.10 of the Codified
Ordinances to the contrary, Dog Wardens, Special Police Officers, or other
employees of the City may be commissioned by the Mayor to issue citations,
sign complaints and/or issue summonses to enforce the provisions of this
section.
705.03
NUISANCE CONDITIONS PROHIBITED; PIT BULL DOGS DECLARED
NUISANCE.
(a) No person shall keep or harbor any animal in the City so as to
create offensive odors, excessive noise or unsanitary conditions which are
a menace to the health, comfort or safety of the public, or otherwise
permit the commission or existence of a nuisance as defined in this
sectionhereafter.
(b) Any animal is hereby declared to be committing a nuisance if it:
(1) Bites another person or domestic animal;
(2) Barks, howls or yelps in a menacing fashion as determined
by the nature and intensity of the menacing activity;
(3) Barks, howls or yelps frequently and habitually in such a
manner
that
the
barking,
howling
or
yelping
is
unreasonably loud or disturbing and of such character,
intensity and duration as to disturb the peace and quiet
of the neighborhood;
(4) In any other way or manner injures or disturbs the quiet
of the community as determined by the nature, duration and
intensity of the disturbance; or
(5) Disturbs or endangers the comfort, repose or health of
persons as determined by the nature, duration and
intensity of the disturbance or danger. It shall be
unlawful for any owner, keeper, or harborer of such animal
to harbor or permit it to commit such nuisance.
(c) Any animal which scratches, digs, urinates or defecates upon any
lawn, tree, shrub, plant, building or any other public or private property,
other than the property of the owner, keeper or harborer of such animal, is
hereby declared to be a nuisance. If the owner, keeper or harborer of such
animal immediately removes all feces deposited by such animal and disposes
of same in a sanitary manner, such nuisance shall be considered abated.
(d) Any Pit Bull Dog, as defined in Section 705.01, is hereby
declared to be a public nuisance, which represents a threat to the health,
safety and welfare of the public in all areas of the City, due to the
breed’s inherent characteristics of exceptional aggression, athleticism,
strength, viciousness, unpredictability and tenaciousness, such that such
dogs have the ability to rapidly and unpredictably inflict significant
damage upon their victims.
(1) Any person who owns, possesses, keeps or harbors a Pit
Bull Dog that resides in the City on the effective date of
this section shall comply with the requirements in Section
705.07 of this Chapter as to such pit bull dog.
(2) No person may possess, keep or harbor a Pit Bull Dog in
the City, unless the dog resides in the City on the
effective date of this section and the person who owns,
possesses, keeps or harbors such dog complies with this
Chapter, including, without limitation, Section 705.07.
This provision shall not apply to a veterinary clinic,
duly licensed by the State of Ohio, that keeps, possesses,
controls or harbors a Pit Bull Dog for purposes of
treatment at the veterinary clinic.
(d) No person being the owner, keeper or harborer of any animal
shall allow or permit such animal to commit a nuisance on any school
grounds, City park, or other public property, or upon any private property
other than that of the owner, keeper or harborer of such animal, without
the permission of the owner of such property. Where the owner, keeper or
harborer of such animal immediately removes all feces deposited by such
animal and disposes of same in a sanitary manner, such nuisance shall be
considered abated.
705.04 ABATEMENT OF NUISANCE.
No person, being the owner, keeper or harborer of any animal shall
continue to keep or harbor within this City any animal which is or creates
a nuisance as defined by Section 705.03, unless such animal is confined or
otherwise kept under strict control as to abate the nuisance, is removed
from the City if it is a Pit Bull Dog that was not residing in the City on
the effective date of Section 705.03 or is otherwise exempt from the
prohibition on Pit Bull Dogs, orand in the case of a dangerous or vicious
dog, is restrained and confined in accordance with the provisions of this
chapter.
705.06 DANGEROUS DOGS.
NoTheNo owner, keeper or harborer of a dangerous dog shall fail to do
the following:
(a) post a sign conspicuously on the property of the owner, keeper
(a) or harborer visible to any person approaching the property from
the street that states that a dangerous dog is present on the
premises;,; and
or shall fail to do either of the following, except when the dog
is lawfully engaged in hunting or training for the purpose of
hunting, accompanied by a licensed hunter:
(b)
keep it
(c)
(d)
keep the dog locked inside a structure that provides
adequate ventilation or, when the dog is outside, do one of the
followingkeep it:
(1) keep it securely confined in a locked pen or other locked
enclosure which has a top, or
(2) keep it on a chain-link leash having a minimum tensile
strength of three hundred
(300) pounds that either:
A. extends no closer than ten feet from the nearest
property boundary, or
B. that is not more than six feet in length and is
controlled by a person who is of suitable age and
discretion to adequately restrain the dog; or
(3) keep the dog muzzled.
While the dog is on the premises of the owner, keeper or
harborer, securely confine or restrain iton a chain-link leash
having a minimum tensile strength of three hundred (300) pounds
that extends no closer than ten feet from the nearest property
boundary;
While the dog is off the premises of the owner, keeper or
harborer, keep it on a chain-link leash with a minimum tensile
strength of three hundred (300) pounds that is not more than six
feet in length and additionally do at least one of the
following:
(1) Keep the dog in a locked pen that has a top, locked fenced
yard, or other locked enclosure that has a top; or
(2) 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; or
(3) Muzzle the dog.
705.07 VICIOUS DOGS.
(a) TheNo owner, keeper or harborer of a vicious dog shall fail to
do all of the following:
(1) obtain a County dog license as required in Section
705.02(a).
(2) register the dog with the City’s Public Works Department
in accordance with subsection (b) of this Section.
(3) post a sign conspicuously on the property of the owner,
keeper or harborer visible to any person approaching the
property from the street that states that a vicious dog is
present on the premises;
(4) have the dog receive regular rabies vaccinations;
(5) have the dog spayed or neutered;
(6) have the dog implanted with a microchip or similar device
approved by the Director of Public Works, for purposes of
identification;
(7) have liability insurance with an insurer authorized to
write liability insurance in the State of Ohio providing
coverage in each occurrence, subject to a limit, exclusive
of interests and costs, of not less than five hundred
thousand dollars ($500,000) because of damage or bodily
injury to or death of a person, or damage or injury to any
domestic animal or property, caused by the vicious dog;
(8)
keep the dog locked inside a structure that provides
adequate ventilation or, when the
dog is outside, keep it either:
A.
securely confined in a locked pen or other locked
enclosure which has a top, or
B.
muzzled and on a chain-link leash having a minimum
tensile strength of three hundred (300) pounds that:
(i) extends no closer than ten feet from the nearest
property boundary, or
(ii)is not more than four feet in length and is
controlled by a person who is of suitable age and
discretion to adequately restrain the dog.
, or shall fail to do either of the following, except when the dog is
lawfully engaged in hunting or training for the purpose of hunting,
accompanied by a licensed hunter:
(1) While that dog is on the premises of the owner, keeper or
harborer, keep the dog locked inside a structure on the
property that provides adequate ventilation, or while the
dog is outside keep it securely confined at all times in
a locked pen or other locked enclosure which has a top.
(2) While that dog is off the premises of the owner, keeper or
harborer, keep it on a chain-link leash having a minimum
tensile strength of three hundred (300) pounds, and that
is not more than four feet in length and additionally do
at least one of the following:
A.
Keep that dog in a locked pen or other locked
enclosure which has a top;
B.
Have the leash controlled by a person who is of
suitable age and discretion to adequately restrain the
dog, and keep the dog muzzled at all times while off the
premises, except when being examined or treated by a
veterinarian.
(b) No owner, keeper or harborer of a vicious dog shall fail to
obtain liability insurance with an insurer authorized to
write liability insurance in the State of Ohio providing
coverage in each occurrence, subject to a limit, exclusive
of interests and costs, of not less than one hundred
thousand dollars ($100,000) because of damage or bodily
injury to or death of a person, or damage or injury to any
domestic animal or property, caused by the vicious dog.
(c) Upon the request of the Animal Warden or his or her designee, an
owner, keeper or harborer of a vicious dog shall produce the evidence of
insurance required pursuant to this section.
(b) Every owner, keeper or harborer of a vicious dog, including any
Pit Bull Dog permitted to remain in the City pursuant to this Chapter, must
be registered with the City’s Public Works Department as follows:
(1) The dog must be registered for the first time by no later
than March 31, 2016. The owner, keeper or harborer of a
Pit Bull Dog must demonstrate that the dog resided in the
City on the Effective Date of this ordinance at the time
of the dog’s first registration under this ordinance.
(2) The dog must thereafter, for so long as the dog is kept in
the City, be registered annually by no later than January
31 of each year, beginning January 31, 2017.
(3) The dog must be registered at the City’s Service Center on
the form(s) provided by the Public Works Department, and
demonstrate compliance with subsection (a) of this
Section.
(4) The owner, keeper or harborer must pay an annual fee of
$20 to register the dog. If the dog is registered after
the date required in this subsection, then the owner,
keeper or harborer must pay a fee of $40 for registration
that year.
(cd) In the event the Animal Warden or his or her designee or a law
enforcement officer has probable cause to believe that a vicious dog is
being kept or harbored in violation of subsections (b), (f), (g) or (h)
hereof, they may petition the Municipal Court to order the seizure and
impoundment of such dog pending trial.
(c) In the event that the
Animal Warden or his or her designee or a law enforcement officer has
probable cause to believe that a vicious dog is being kept or harbored in
violation of subsections (a), (b), (e), (f) or (g) of this Section(1) or
(2) hereof, they may seize and impound the vicious dog with the owner,
keeper or harborer having the right to appeal such action as permitted in
Section 705.17 of this Chapter.
(de) Any locked pen which has a top, locked fenced yard, or other
locked enclosure which has a top, as described in this section, shall not
be constructed or maintained without first obtaining approval from the
City, where such approval is required pursuant to the City's Zoning or
Building Codes.
(ef) No person shall own, keep or harbor any dog for the purpose of
dog fighting, or train, torment, badger, bait or use any dog for the
purpose of causing or encouraging such dog to unprovoked attacks upon
humans or domestic animals.
(fg) No person shall possess with intent to sell, or offer for sale,
breed, or purchase or transfer or attempt to purchase or transfer within
the City any vicious dog.
(gh) 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 vicious dog;
(2) Possess a vicious 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 (g) of this section that the
person's dog is not a vicious dog or otherwise provide
false information on that written waiver form.
705.08 IMPOUNDING OF ANIMALS.
(a) In addition to other penalties applicable to violations of this
Cchapter, the Animal Warden
may impound any Pit Bull Dog found in the
City in violation of this Chapter, any vicious dog pursuant to Section
705.07(bcb), any dog found running at large, any animal which is abandoned,
neglected, mistreated or estray, and any dog more than three months of age
found not wearing a valid County license registrationtag.
(b) An animal may be seized on the premises of its owner, keeper, or
harborer and impounded only if (i) the Animal Warden has probable cause to
believe that the animal is abandoned, neglected, mistreated or estray or a
violation of 705.12 (Animal Cruelty) has occurred, (ii) the premises has
been declared to be abandoned by the City pursuant to Chapter 107 of the
Codified Ordinances, (iii) in the event of a natural disaster or other ,
emergency where probable cause is found that the life or health of the
animal or the any person is in immediate danger, or (iv) pursuant to a
search warrant or court order.
(b) Whenever any person files an affidavit with a court of competent
jurisdiction that there is a dog running at large or that a dog is kept or
harbored in the City without being registered as required by law, the
Animal Warden may seize and impound the dog.
(c) The Animal Warden shall give immediate notice by regular mail to
the owner, keeper, or harborer of an animal seized and impounded by the
Warden, if the owner, keeper, or harborer can be determined, that the
animal has been impounded and that, unless the animal is redeemed within
five days of the date of the notice, it may thereafter be placed into
adoption, sold, euthanized following humane procedures, or transferred to
another facility. If the owner, keeper, or harborer cannot be determined,
the Warden shall post a notice at the Department of Public Works describing
the animal and place where seized and advising the unknown owner that,
unless the animal is redeemed within five days, it may thereafter be placed
into adoption, sold, euthanized following humane procedures, or transferred
to another facility.
(d) Any domestic animal seized and impounded hereunder may be
redeemed by its owner, keeper or harborer at any time prior to the
applicable redemption period upon the payment of all lawful costs assessed
against the animal and upon providing, in the case of a dog, with a valid
registration tag if it has none. In the case of a vicious dog that has been
seized and impounded, or a dog that is impounded because it is abandoned,
neglected, mistreated or estray or due to a violation pursuant to the
provisions of Section 705.12 (Animal Cruelty),this chapter, in addition to
the requirements herein, the owner, keeper or harborer shall have a right
to appeal under Section 705.17, and otherwise such vicious dog shall not be
released until after trial or otherwise upon the approval of the City
Prosecutor or upon order of the Municipal Court.
(e) The City may assess against or charge the owner, keeper or
harborer of any domestic animal the actual costs relative to the seizure
and/or impoundment of such animal for its seizure, shelter, food, and any
veterinary care found necessary during impoundment. Such costs may include
the cost to have the animal spayed or neutered and vaccinated.
(f) The City may offer for adoption any animal not redeemed pursuant
to this Section.
705.09 QUARANTINE OF ANIMALS.
Whenever any animal has bitten or scratched any person, the owner,
keeper or harborer of such animal shall cause the animal to be quarantined
in conformance with Section 311.02 of the Health Code. Notwithstanding
Section 311.02, if the Animal Warden determines that, due to the particular
circumstances, including that the dog is a dangerous or vicious dog, that
the dog has been neglected, or that the owner, keeper or harborer may not
be able to maintain control over the animal, the Animal Warden may order
that any animal that has injured any person shall be quarantined under the
supervision of a veterinarian or the Animal Warden at the expense of the
owner, keeper or harborer.
705.13
PROHIBITED.
WILD,
DANGEROUS
AND
UNDOMESTICATED
CERTAIN
ANIMALS
PROHIBITED.
(a) No person shall own, harbor or keep a wild, dangerous or
undomesticated animal within the City.
(b) "Wild, dangerous or undomesticated animal" means an animal whose
natural habitat is the wilderness and which, when maintained in human
society, is usually confined to a zoological park or exotic animal farm and
which:
(1) Is a venomous snake or is a snake that is a constrictor;
or
(2)
(c)
Is an onmivorousomnivorous or carnivorous animal that
weighs more than twenty-five pounds and which is a
predator in its natural habitat; or
(3) Is an animal which, by reason of its size, strength, or
appetite, would, if unrestrained and free in the City,
cause peril to persons, household pets, buildings,
landscape or shrubbery; or
(4) Is an animal that makes noises with sufficient frequency
and volume as to constitute a nuisance to the community;
or
(5) Is an animal that emits offensive odors as to constitute a
nuisance to the community; or
(6) Includes, but is not limited to the following:
lion,
tiger, lynx, mountain lion, jaguar, cheetah, leopard,
panther, bear, wolverine, elk, moose, caribou, elephant,
giraffe, rhinoceros, hippopotamus, wolf, wild ox, boar,
crocodile, alligator, caiman or gavial.
This section shall not apply to the following:
(1) The keeping of such animals in bona fide educational or
medical institutions or museums where they are kept as
live specimens for the public view, or for the purpose of
instruction or study.
(2) The keeping of such animals for temporary exhibition to
the public of such animals by a circus, carnival or other
exhibit or show.
(3) The keeping of such animals in a bona fide veterinary
hospital for treatment.
(4) The keeping of a snake which is a constrictor by a bona
fide teacher or instructor temporarily during such times
when school is not in session.
705.17
APPEALS.
Any order or decision of the Animal Warden regarding an animal under
this Chapter, including a declaration or finding that a dog is a vicious or
dangerous dog due to its actions or its breed, or any notice issued under
Section 705.08, as set forth in this Chapter, may be appealed by the owner,
keeper or harborer to the Director of Public Works within ten days after
receipt of written notice thereof. Upon appeal, the Director of Public
Works shall provide to the dog's owner, keeper or harborer the opportunity
to appear before him and present evidence, if any, relative to the appeal.
The owner, keeper or harborer of the dog shall be notified in writing of
the Director's decision regarding the appeal. A decision by the Director
upon appeal may be appealed within thirty days after the date of the
Director’s decision to the City’s Board of Appeals pursuant to Chapter 132
of the Codified Ordinances.
705.99 PENALTY.
(a) Whoever violates any provision of this chapter where no other
penalty is prescribed shall be guilty of a misdemeanor of the first degree.
(b) Any violation of Section 705.02 (a), (b), (c), (d) or (e),
705.03 (d), 705.06, 705.07, and 705.13, shall be considered a strict
liability offense for which the lack of knowledge or intent is not a
required element.
(c) Upon conviction for a violation of any provision of this
Cchapter, the Municipal Court may order the owner, keeper or harborer of
any animal which is determined by the Court to be a Pit Bull Dog, or a
vicious, or a perennial and continued nuisance, or which constitutes a
serious threat to the health or safety of the public, to forthwith remove
such animal from the City, or the Court may order the Chief of Police to
cause the animal to be impounded and destroyed, or otherwise disposed of as
the Court shall determine.
(dc) Any person found guilty of violating any provision of this
chapter shall pay all expenses, including shelter, food and necessary
veterinary expenses incurred by the City as a result of its seizing and
impounding of any animal, and such other expenses as may be required for
the destruction of any such animal.
Section 3.
This ordinance shall take effect from and after
the earliest time allowed by law.
Enacted
Approved this ____ day of _________, 20__.
______________________________
EARL M. LEIKEN, Mayor
Attest:
_________________________
JERI E. CHAIKIN
Clerk of Council
Coun15/1023dogordAMNDCODORD705