Today’s Status of Pitbull Breed Legislation in Ohio
Under Ohio law, there are currently no statewide bans or restrictions on pitbulls. However, the way in which pitbulls are handled under the law can vary depending on municipality or county in which an individual resides. Some local communities have instituted regulations that prohibit or strictly limit the keeping of pitbulls as pets. Pitbulls are specifically mentioned in approximately 1.5% of Ohio’s local ordinances. Of these, about three-quarters of the ordinances targeted pitbulls specifically by name, while the other one-quarter of ordinances included pitbulls in a broader category, such as all bully-breeds, or all breeds regulated under the state’s leash and muzzle requirements, rather than targeting pitbulls specifically. Although some municipalities have enacted bans or restrictions against the ownership of pitbulls, some Ohio lawmakers have also been proponents of bills that would prohibit localities from enacting such restrictions. In 2014, proponents of a bill that would prohibit municipalities from enacting ordinances that target certain breeds of dogs, including pitbulls , argued that such laws are ineffective against dog bites and do not reduce the number of dog bites that occur. Under Ohio law, injuries that occur as a result of a dog bite fall under strict liability, meaning that the dog’s owner is liable for any injuries, and their insurance is responsible for paying for medical bills associated with such injuries. It is additionally important to know that Ohio is one of the states that abolished the commonly known "dog bite one bite rule," which allowed the owner to assert a defense against liability if the dog had not previously attacked someone. In the absence of such a rule, Ohio law imposes strict liability on owners, meaning that an animal’s owner can be held responsible for any injuries, even if the owner did not know that the dog was prone to bite. In recent years, the public has become more aware of the need for better dog bite laws that hold owners accountable and target reckless owners whose negligence threatens the safety of communities and children. The recent awareness and rise in media coverage may be a step in the right direction to help target owners and reckless and dangerous pitbulls that attack victims.
A History of Ohio’s Legislation Controlling Pitbull Dogs
Understanding historical context is important in order to understand the present. In the case of pitbulls in Ohio, the legislative history is complex. To date, there have been at least 10 state-specific or county/based pitbull- specific laws in Ohio. Many of these laws were enacted years before owning a pitbull became a hot topic in the state. Although many cities, townships, and counties in Ohio have dog ordinances in place, it is a relatively small number of municipalities that have enacted pitbull specific laws.
Pitbull specific laws were first adopted in Ohio in the 1980s and 1990s, and recent amendments to these laws were made in 2012. Ohio is one of the states with restrictive legislation on pitbulls. The pitbull ordinance in Toledo was enacted in 1992 and strictly limited ownership of pitbulls to only licensed breeders and dealers. The Toledo ordinance was amended in 2012, but the ordinance still defines a pitbull as "any dog which for the majority of its time exhibits the following physical traits: a square head with short snout, short erect or semi-erect ears, very short tail, strong paws, large chunky body, large muscular neck and boldd solid color but may have white markings throughout." When the dog owner contesting this definition of a pitbull was allowed to present his expert witnesses, the city of Toledo was successful in striking their testimonies. No testimony was presented by the city to show that the definition of a pitbull in the Toledo pitbull ordinance complied with Journal of Forensic Science standards.
A later amendment to the Toledo ordinance enacted a ban on pitbulls unless the owner had a license to possess the dog. No element of a grandfathering clause existed, and the cost of the permit was $55.00, with an annual renewal fee of $12.00.
Additionally, the amendment required a $5.00 registration fee. No fund has been created which all fees collected would be deposited into. Passage of the amendment has created a lot of confusion in and around Toledo. It will be interesting to see if any legal challenges are raised against the amended ordinance.
Local Variations of Rules in Ohio for Pitbulls
Pitbull legislation can differ by city or county, and this local variation can impact pitbull owners and prospective owners. There are various degrees of restriction from loosely worded breed-specific regulations to strict bans on offspring of certain breeds.
For instance, Columbus passed what is arguably the most restrictive dog ordinance in the state. Columbus amended its dangerous dog ordinance in 2013 to crudely ban pitbulls without actually naming the breed. The law states, "Any dog that is identified by a witness as a pitbull, including but not limited to the American Pit Bull Terrier, American Staffordshire Bull Terrier, Staffordshire Bull Terrier, or any mixed breed of dog that contains as an element of its breeding the breed of American Pit Bull Terrier, American Staffordshire Bull Terrier, or Staffordshire Bull Terrier."
However, the law further provides that owners of pitbulls registered with the Franklin County Animal Shelter (as of the May 1, 2013 effective date) are not required to remove their dog from Columbus city limits. This ordinance was undoubtedly designed to eliminate blameless shelter animals at Franklin County Regional Care Center.
The City of Findlay, Ohio, has taken a different approach to handle their pitbull and pit-mix population. Their recently adopted dangerous and vicious dog law specifically excludes pitbulls from the definitions of "dangerous" and "vicious" dogs. In fact, Findlay bans the term "pitbull" from all city ordinances.
Other cities in Ohio that ban pitbulls, either outright or as part of more comprehensive breed-specific legislation, include Cleveland, Elyria, Elyria Township, Huber Heights, Kinstown, Maple Heights, Oakwood, Shaker Heights, and Strongsville.
Penalties for Keeping Pitbulls Illegally
If you are a pitbull owner in Ohio, it is important to understand what would happen if it was determined that you purchased it out of state and brought it back to Ohio unlawfully. Basically, a law enforcement officer or another authorized agency representative will seize the dog, and you will not be able to get it back. As with most attorney and legal information, this is a complex area of law, and a few things might happen when your dog is taken away.
The first thing that happens is that you will be arrested, and charged with a first degree misdemeanor (a crime that can result in up to a year in jail and a $1,000 fine). At the discretion of the local court, you can also be charged a separate administrative fee while you await trial on the misdemeanor, which can be up to $300 per day. Every day the animal is in custody, you will accrue an "administrative fee (for food, shelter, care, etc.)" until the case is resolved.
If you plead guilty or are found guilty, or if the charges are brought against you and you are not found not guilty, there is a possibility that other consequences will follow. For example, the judge could order that you be prohibited from owning any animal in the future. Even if the charges are dropped against you, it is possible that administrative fees will result in significant financial loss.
As an Ohio resident, you should avoid illegally importing a dog into the state. Most people are law abiding citizens, and the potential consequences of violating a pitbull banning can be severe. It is also worth noting that in most parts of Ohio, in most cases of pitbull ownership, a dog is considered dangerous even if you legally acquired it and are a responsible owner (for example, if it is registered as dangerous, it can be considered dangerous for life).
Your Right to Challenge Pitbull Rules in Court
In Ohio, a breeder, owner or pit bull licensed to operate may challenge the legality of the dangerous dog prohibition. The individual must file the action in the Court of Common Pleas in the county in which the order is issued. The Court then balances each of the parties’ constitutional rights regarding the dog and the public interest in maintaining the provision.
In the earlier case Hartman vs. Moore, 2009 AP 08-0026 a constitutional analysis in light of the fourteenth amendment was given, finding that the prohibition failed to meet the substantial relation test. The court found that the ordinance bore no sufficient relation to the public safety and health. The only relation to public safety was the breed as a whole , and not the specific dog in question. The fact that four humans were injured by a pit bull in the past two years did not overcome any and all interests in the dog. Further, owner’s responsibilities do not end with the ban. Failures of control are subject to Ohio dog laws, regardless of breed.
There may be some retroactivity to a repeal of former pit bull bans in various municipalities in Ohio. Most people would have thought that challenges to the constitutionality of these laws would be successful, just as the above case was, since the breed does not meet the requirement of dangerous on its own. However, not enough time has passed to determine if anyone will attempt another challenge on the basis of prohibition without proper examination of the individual pet’s behavior.
Role of Advocacy & Support Groups
Across the United States, advocacy and pet support groups are hard at work to undermine the restrictions placed upon specific breeds such as the Pitbull and Rottweilers. The media commonly associates dog attacks with these breeds, even when the incident is caused by another breed altogether. Organizations like the American Kennel Club (AKC) focus on promoting responsible pet ownership and educating the public on the real reasons behind dog attacks. The AKC takes the position that proper education is the best way to prevent dog attacks all across the United States, and communities everywhere are taking note. In addition to the AKC, there are many other advocacy groups out there that focus specifically on certain breeds. For example, the American Pit Bull Foundation is an organization committed to ensuring that pitbulls have the same rights as any other dog breed in the U.S. They also focus on pitbull welfare and legal issues. More than a dozen other groups exist that are dedicated to the same task of focusing on the overturning of breed bans and helping families with American Pitbulls find the resources necessary for ownership.
How to Proceed if You Wish to Own a Pitbull
To avoid any confusion, the best way for any potential Pitbull owner is to investigate ahead of time whether you are in a jurisdiction where Pitbulls may be in the restricted or banned category.
Most of Ohio is not particularly Pitbull friendly. For example both Cleveland and Cincinnati have restrictions against owning a Pitbull, and the Cleveland Animal Control Department website states: Pit Bull breeds, Rottweilers, Doberman Pinschers and Chows are prohibited in Cleveland and require spay/neuter . Owners of these breeds must also register them at the Cleveland Kennel before their first birthday.
The following resources provide summaries of the present law on this issue. However, as mentioned, municipalities are frequently modifying their laws and even counties have different regulations, so it makes sense to check into the specific laws in your area.