Update: Animal Law Coalition is working with Avon Lake officials on a new dangerous dog and anti-tethering ordinance that will avoid BSL, if possible, given Ohio's state law defining pit bull type dogs as "vicious". 

For more on this, read ALC's original report below.  

Original report: On June 8, 2009, the Avon Lake, Ohio city council will vote on an ordinance that will arguably expand the state law definition of "pit bull" to include any dog whose "bloodline" includes one of the pit bull breeds, a mixed breed which has the appearance and characteristics of being predominantly of those breeds, any dog commonly known as a pit bull, pit bull terrier or bull terrier; or a combination of those breeds.

Quite a mouthful.  

Under Ohio state law a "[v]icious dog" generally includes a dog that "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." ORC Sec. 955.11(A)(4)(a)(iii)

An Ohio Attorney General's opinion has said "pit bull" refers to dogs with the general characteristics of a bull terrier. OAG No. 89-091 (1989). Courts have said a "pit bull" is a dog with the traits believed to be characteristic of what one thinks of in referring to a "pit bull".  State v. Anderson, 57 Ohio St. 3d 168, 171-172 (1991); City of Toledo v. Tellings, 114 Ohio St. 3d 278, 284 (2007)  cert denied  128 S. Ct. 1302 (2008). One Ohio court said "I know it when I see it". State v. Robinson, 44 Ohio App. 3d 128, 133 (1989)

No Ohio court or jurisdiction has said, however, that "pit bull" refers to a dog with any pit bull bloodline, meaning any DNA of a pit bull breed. This could include a dog with .01% pit bull. 

What is more, local police or animal control can make this determination about whether a dog has any bloodline of the pit bull breeds. It is virtually impossible for anyone to identify a dog's breed based on appearance.

It is not clear that this ordinance is legal in view of the state definition of "pit bull". Also, this means a lot of innocent dogs will be deemed "vicious" and surrendered or seized. It means greatly increased enforcement and animal control costs not to mention the expense of DNA testing and litigation as citizens challenge such a broad law. And Avon Lake won't be safer. Dogs don't bite because of their breed or appearance.  

A Safety Committee has already approved this definition of pit bull. It is imperative that residents and business owners take the time to attend the meeting on June 8 and also call, email or fax in opposition to this ordinance language. Names and contact information for council members and staff are listed below.

Councilwoman Fenderbosch appears to be the ONLY council person to oppose breed specific language.

Karl ("K.C.") Zuber, Mayor
KZuber@avonlake.org

William Kerner, Esq., Law Director
WKerner@avonlake.org

Gregory Zilka, Council President
Ph: 440-930-4120
Fax: 440-930-4107
gzilka@avonlake.org

Councilman Martin O'Donnell
Council-at-Large
Ph: 440-933-7310
Fax: 440-930-4107
modonnell@avonlake.org  

Councilman Michael Stanek
Council-at-Large
Ph: 440-930-5354
Fax: 440-930-4107
mstanek@avonlake.org

Councilman Timothy Rush, Ward I
Ph: 440-933-0859
trush@avonlake.org

Councilwoman Jennifer Fenderbosch, Ward II
Ph: 440-933-4644
Fax: 440-930-4107
jfenderbosch@avonlake.org

Councilman Larry Meiners, Ward III
Ph: 440-933-6629
Fax: 440-930-4107
lmeiners@avonlake.org

Councilman David Kos, Ward IV
Ph: 440-930-7737
Fax: 440-930-4107
dkos@avonlake.org

Barbara Dopp
Clerk of Council
Ph: 440-930-4121
Fax: 440-930-4107

Valerie Rosmarin
Assistant Clerk
Ph: 440-933-6141
Ext: 1008
Fax: 440-930-4107