Post by RealPitBull on Mar 18, 2009 10:21:32 GMT -5
Lawmaker rejects label of pit bull as vicious dog: Sears wants phrase dropped from law
COLUMBUS, Mar 18, 2009 (The Blade - McClatchy-Tribune Information Services via COMTEX) -- A suburban Toledo lawmaker yesterday proposed doing away with Ohio's law that automatically deems a pit bull to be a "vicious dog." Rep. Barbara Sears (R., Sylvania) introduced a bill to strip the pit bull clause from the state definition of a vicious dog.
"In the 1970s, it was the German shepherd," Ms. Sears said.
"In the 1980s, it was the Doberman. In the 1990s, it was the Rottweiler. We shouldn't put something in permanent law that is a moving target. It begs the question that whether we should really be looking at the owners of the pit bulls." The Ohio Supreme Court in 2007 unanimously upheld the constitutionality of the state law and a Toledo ordinance based on it that consider the pit bull to be the only dog breed inherently considered "vicious." Proponents of the pit bull-specific law, including Lucas County Dog Warden Tom Skeldon, argue that those involved in drug dealing and dog fighting exploit the breed's muscular physique and strong jaws, which enable them to latch onto something and not let go.
Mr. Skeldon said the 2009 count for pit bulls picked up by his office was 173 as of March 7. Most were killed.
"Just today a pit bull came in with a cable around its neck," he said. "It was too mean to get the cable off. I had to tranquilize him." But he said the county has turned the corner on the pit bull problem.
After picking up a record 1,354 pit bulls in 2007, the number dropped for the first time last year to 1,281.
The law defines a vicious dog as one that has killed or injured a person, killed another dog, or "belongs to a breed that is commonly known as a pit bull dog." Ms. Sears' bill would strike the last phrase, along with 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." To see more of The Blade, or to subscribe to the newspaper, go to www.toledobl ade.com. Copyright (c) 2009, The Blade, Toledo,
Ohio Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@ permissionsgroup .com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
. tmcnet.com/ news/2009/ 03/18/4064862. htm
As Introduced
128th General Assembly
Regular Session
2009-2010
H. B. No. 79
Representative Sears
Cosponsors: Representatives Skindell, Stebelton, Wachtmann
A BILL
To amend section 955.11 of the Revised Code to remove pit bulls from the definition of "vicious dog" in state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 of the Revised Code be amended to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, 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, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) "Dangerous dog" does not include a police dog that 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 while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "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.
(3) "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.
(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. 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.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
(ii) 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.
(5) "Without provocation" means that 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 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 twenty-five cents.
(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 or vicious 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:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
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) to (D) of this section.
Section 2. That existing section 955.11 of the Revised Code is hereby repealed.
www.legislat ure.state. oh.us/bills. cfm?ID=128_ HB_79
COLUMBUS, Mar 18, 2009 (The Blade - McClatchy-Tribune Information Services via COMTEX) -- A suburban Toledo lawmaker yesterday proposed doing away with Ohio's law that automatically deems a pit bull to be a "vicious dog." Rep. Barbara Sears (R., Sylvania) introduced a bill to strip the pit bull clause from the state definition of a vicious dog.
"In the 1970s, it was the German shepherd," Ms. Sears said.
"In the 1980s, it was the Doberman. In the 1990s, it was the Rottweiler. We shouldn't put something in permanent law that is a moving target. It begs the question that whether we should really be looking at the owners of the pit bulls." The Ohio Supreme Court in 2007 unanimously upheld the constitutionality of the state law and a Toledo ordinance based on it that consider the pit bull to be the only dog breed inherently considered "vicious." Proponents of the pit bull-specific law, including Lucas County Dog Warden Tom Skeldon, argue that those involved in drug dealing and dog fighting exploit the breed's muscular physique and strong jaws, which enable them to latch onto something and not let go.
Mr. Skeldon said the 2009 count for pit bulls picked up by his office was 173 as of March 7. Most were killed.
"Just today a pit bull came in with a cable around its neck," he said. "It was too mean to get the cable off. I had to tranquilize him." But he said the county has turned the corner on the pit bull problem.
After picking up a record 1,354 pit bulls in 2007, the number dropped for the first time last year to 1,281.
The law defines a vicious dog as one that has killed or injured a person, killed another dog, or "belongs to a breed that is commonly known as a pit bull dog." Ms. Sears' bill would strike the last phrase, along with 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." To see more of The Blade, or to subscribe to the newspaper, go to www.toledobl ade.com. Copyright (c) 2009, The Blade, Toledo,
Ohio Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@ permissionsgroup .com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
. tmcnet.com/ news/2009/ 03/18/4064862. htm
As Introduced
128th General Assembly
Regular Session
2009-2010
H. B. No. 79
Representative Sears
Cosponsors: Representatives Skindell, Stebelton, Wachtmann
A BILL
To amend section 955.11 of the Revised Code to remove pit bulls from the definition of "vicious dog" in state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 of the Revised Code be amended to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, 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, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.
(b) "Dangerous dog" does not include a police dog that 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 while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "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.
(3) "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.
(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. 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.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
(ii) 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.
(5) "Without provocation" means that 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 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 twenty-five cents.
(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 or vicious 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:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
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) to (D) of this section.
Section 2. That existing section 955.11 of the Revised Code is hereby repealed.
www.legislat ure.state. oh.us/bills. cfm?ID=128_ HB_79
I look forward to learning much here