Sec. 701-6. Possession of a Dangerous or Vicious Dog Prohibited.

(1)   It shall be unlawful for any person to own or harbor a dangerous or vicious dog that is not a pit bull terrier unless said dog has been registered pursuant to this chapter.

(2)   It shall be unlawful for any person to own, keep, possess, control, or harbor a pit bull terrier; as defined herein, within the municipal limits of Cincinnati.

(a)   "Pit bull terrier" is hereby defined as any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier, as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.

(b)   Testimony by a veterinarian, zoologist, or animal control officer (SPCA)that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.

(3)   This section is a necessary control to eliminate the risk of attack by pit bulls on human beings in the City which has become a threat to the health, safety and welfare of the public in all areas of the City; and the lack of knowledge or lack of intent is not a defense to any violation thereof.

(4)   It shall not be a violation of this section for animal shelters and veterinary clinics, as defined herein, to own, keep, possess, control, or harbor a pit bull terrier within the municipal limits of Cincinnati, as long as such entities comply with the requirements of 701-8 and 701-9 of the Cincinnati Municipal Code.

(5)   Animal shelter shall mean an incorporated humane society or a registered nonprofit foundation.

(6)   Veterinary clinic shall mean a legal entity with validly licensed veterinarian(s) under Chapter 4741 of the Ohio Revised Code, that maintains custody of the dog for the purpose of providing medical treatment.

The ban on pit bulls within the City of Cincinnati applies to all owners, harborers, and/or keepers of pit bulls, who have not registered their pit bull prior to November 1, 2003, under C.M.C. Sections 701-8 and 701-9. Those pit bulls that were registered prior to November 1, 2003, are permitted to remain within the City of Cincinnati as long as the owner, harborer, and/or keeper continues to be in compliance with C.M.C. Sections 701-8 and 701-9.

(Ordained by Ord. No. 460-1999, eff. Dec. 24, 1999; a. Ord. No. 273-2003, eff. Nov. 1, 2003; a. Ord. No. 370-2003, eff. Nov. 13, 2003)