Glass City Jungle

This in via e-mail from Toledo City Council President Joe McNamara:

McNamara Calls For Dog Advocates To Review City Code

Council President seeks best practices to promote public safety and humane treatment of dogs

Toledo, OH – City Council President Joe McNamara is concerned about breed-specific restrictions in Toledo’s municipal code concerning “vicious dogs.” McNamara will hold a press conference today, Tuesday, December 29, at 1:30 P.M. in the first floor lobby of One Government Center to call on the Lucas County Dog Warden Advisory Committee to review the code.

“Breed-specific legislation, such as the restrictions placed on so-called ‘pit bulls,’ can be too narrow and too broad at the same time,” asserts McNamara. “We can do a better job of both protecting the public from dangerous dogs and helping more adoptable dogs find good homes.”

ATTACHMENTS: McNamara’s letter to the Lucas County Dog Warden Advisory Committee; relevant section of the Toledo Municipal Code

Text of Letter:

Dear Chairman Serchuk and Members of the Dog Warden Advisory Committee:

Thank you for the time and efforts you have put forth in making policy recommendations concerning the Lucas County Dog Warden. I have been extremely impressed with the committee’s professionalism and thoughtfulness. Your work has shown that public safety and the humane treatment of animals are not mutually exclusive goals.

It is because of your specialized expertise in modernizing the policies of the Dog Warden that I am asking you to review the City of Toledo’s municipal code concerning “vicious dogs.” I have included a copy of TMC § 505.14 with this letter. The City of Toledo has a breed-specific law that limits ownership of Pit Bulls and requires them, among other things, to be spayed or neutered before being returned to the owner.

I am concerned that the law is not a best practice for the regulation of dangerous dogs. First of all, breed-specificlegislation can be too narrow and overbroad at the same time. For example, dog wardens regularly deal with dangerous dogs that are not “Pit Bulls.” Furthermore, extending a spayed or neutered requirement to all unlicensed dogs may be another effective tool in encouraging responsible dog ownership and combating the puppy mill problem.

Your review and recommendations of the current municipal code would be greatly appreciated.

Text of Code:

505.14 Limitations on vicious dogs.

(a) No person or organization or corporation shall own, keep, harbor or provide sustenance for more than one dog commonly known as a Pit Bull or Pit Bull mixed breed dog, regardless of age, in the City of Toledo, with the exception of puppies commonly known as Pit Bull or Pit Bull mixed breed for which the owner has filed an ownership acknowledgement form in person with the Dog Warden of Lucas County, prior to reaching seven (7) days of age. The ownership of these puppies must be transferred according to Ohio R.C. 955.11(B) and (D) before they are three (3) months of age. Additionally, this section requires that all dogs commonly known as Pit Bull or Pit Bull mixed breed dogs are required, when off the owners’ premises, to be securely confined as described in Ohio R. C. 955.22 and muzzled.

(b) Any Pit Bull which is outside the premises of the dog owner shall be kept on a leash and muzzled until the dog’s return to the premises of ownership.

(c) Whoever violates this section is guilty of a misdemeanor of the first degree. Each day that a violation of this section exists shall constitute a separate offense.

(d) Any Pit Bull or Pit Bull mixed breed dog which has been seized in connection with a violation of this Section may be ordered destroyed or returned to its Owner only on the condition that the dog is first spayed or neutered at the owner’s expense.

(Ord. 12-09. Passed 1-6-09.)