Cleveland Law Library Weblog

Sheffield Woman Cannot Keep 90 Cats

The Sheffield Lake City Council has voted not to allow a woman to keep 90 cats in her home. Although the resident claims that she treats her cats as well as she does her children, section 505.20 of the Sheffield Lake ordinances prohibits residents from housing more than 4 cats at any one location. The City of Sheffield Lake has given the woman 20 days to find new homes for the extra cats or face daily fines of $150.00. Click here to read a newsnet5.com article about the cats and City Council vote.

Garfield Heights Bans Pit Bulls

Newsnet5.com reports that the City of Garfield Heights has banned pit bulls. Starting this Wednesday, a new ordinance will take effect that requires all pit bull owners to find new homes for their dogs. In defense of the new law, City Prosecutor Tim Riley stated that: "We found that people were not complying with the old ordinance, so we felt the only way to protect the safety of the people of Garfield Heights was to pass this ordinance." Nevertheless, the City will give pit bull owners some time to place their dogs or turn them in to a local animal shelter. An unofficial version of Garfield Heights' ordinances can be found online, but it does not contain the new animal law yet. Virtually all of the current sections referring to animals are contained in Chapter 505. Section 505.21 already defines a pit bull as a "vicious" dog, identifies the types of pit bulls that are included, defines standards and laws for maintaining pit bulls, and contains sanctions and penalties for violating these laws.

Ohio Pit Bull Laws Ruled Constitutional

The Ohio Supreme Court issued an opinion in Toledo v. Tellings, 2007-Ohio-3724 which reversed a Sixth District Court of Appeals decision and upheld the constitutionality of 2 state statutes and a Toledo, Ohio ordinance which regulate the ownership of pitbulls. Specifically, the Court held that the state of Ohio, under ORC 955.22 (defining dangerous and vicious dogs) and 955.11(A)(4)(a)(iii), as well as the City of Toledo, have legitimate interests in protecting citizens from dangers associated with pitbulls. The Toledo ordinance under which Tellings was originally cited limited ownership of dogs identified as pit bulls to one per household and required owners to muzzle and confine their animals when off their owner's premises. After the Trial Court conducted an evidentiary hearing and ruled that the aforementioned laws were a valid exercise of police power, Tellings appealed, where he successfully argued that the laws were unconstitutionally vague and denied pit bull owners procedural due process.

Bill Sets Standards for Puppy Mills

SB 173 will impose regulations on breeders with at least nine breeding dogs.  The bill sets standards for cage size and conditions, as wells as requirements for socializing, veterinary care and grooming of dogs.  License fees will be charged for operating breeding kennels with at least nine breeding dogs.  The fees will be used to create an enforcement unit in the Ohio Department of Agriculture and for local enforcement efforts.  A similar bill was introduced in the Ohio House: HB 223.  See Puppy Mill Oversight Bill Posed by Liz Long, Cincinnati Enquirer, May 18, 2007. 

Posted by Sue Altmeyer

Attacked Dog's Vet Bills Recoverable Under Promissory Estoppel

The Akron Municipal Court held that a dog owner whose Rotweiller attacked a neighbor's Yorkie must pay the Yorkie's vet bills, because she promised to do so.  The Yorkie's owner relied upon the promise, invoking the doctrine of promissory estoppel.  In Ohio, dogs are considered property, so typically only the price of acquiring a similar dog is recoverable.  Dog Owner Told She Can't Stray from her Word by Karen Farkas, The Plain Dealer, Mar. 20, 2007.

Recently Introduced Bills of Interest

The Ohio General Assembly introduced a flurry of bills last week, some of which are summarized here:

HB 61  MILITARY CUSTODY DETERMINATIONS - To prohibit a juvenile court from making custody determinations or modifications in a case in which one of the parents is called to active military service with any reserve component of the United States armed forces or Ohio militia.

HB 13 SOCIAL SECURITY NUMBERS - To prohibit the inclusion of Social Security numbers on motor vehicle registration renewal notices

HB 30 TRAFFIC LAW PHOTO-MONITORING - To require any local authority that enforces any traffic law by means of traffic law photo-monitoring devices to erect signs on every highway or freeway that is part of the state highway system and that enters that local authority, informing inbound traffic that the local authority utilizes traffic law photo-monitoring devices to enforce traffic laws.

HB 41  SECURITY SYSTEMS - To require the licensure of persons operating security systems companies, to provide for the registration of individuals performing specified types of security systems work, to provide for the requlation of security systems companies and employees, and to establish the Security Systems Advisory Board in the Department of Commerce

HB 45 WILD/EXOTIC ANIMALS - To require persons who possess dangerous wild animals or exotic animals to obtian a personal possession permit and to establish requirements regarding the possession and care of dangerous wild animals and exotic animals

SB 54 INSURANCE COVERAGE - Prohibit certain insurers from limiting coverage for injuries occurring as a consequence of an insured's use of alcohol

SB 59 MEDICAL NEGLIGENCE - Establish pilot program mandating arbitration for claims of medical negligence.

BILLS PERTAINING TO CRIMINAL LAW:

HB 22 ANIMAL CRUELTY - To increase certain penalties for cruelty to animals and to require a child under fifteen years of age who commits cruelty against a companion animal to undergo psychological counseling.

HB 15, SB 23 : INVOLUNTARY SERVITUDE/TRAFFICKING IN PERSONS

SB 9 FELONY SEX OFFENSE PROSECUTION - To permit a prosecution of felony sex offense or kidnapping offense involving a victim under 13 years of age to be commenced at any time after the commission of the offense.

HB 57 SEX OFFENDER REGISTRATION - To provide notice to a long-term care facility and its residents when a registered sex offender indicates an intent to reside or registers an address within the facility's specified geographical notification area.

SB 17 REPEAT OVI OFFENDERS - To increase certain penalties for repeat OVI offenders.  (See article:  Senate Bill Targets Repeat DUI Offenders by Aaron Marshall, The Plain Dealer, Mar. 1, 2007)

SB 21 DOMESTIC VIOLENCE - To adopt the Uniform Interstate Enforcment of Domestic Violence Protection Orders Act.

SB 22 SEXUALLY VIOLENT PREDATORS - To require that sexually violent predators who are released from prison be monitored by global positioning system devices.

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Cleveland Cracks Down on Farm Animals in Residential Districts

Cleveland has amended C.C.O. Number 347.02  to provide that stables located in a residential districts can only contain two horses, cows, goats or similar animals.   Enclosures for poultry, bees, rabbits or pigeons may contain only five animals or birds or 3 colonies of bees.  Former C.C.O. 347.02 allowed up to 25 birds or animals, or 3 colonies of bees, in any stable or enclosure. See the City Record, Dec. 20, 2006, at page 2385, page 23 of the pdf document.

Cleveland May Ban Dog Breeding Kennels from Residential Areas

.Cleveland City Council is considering an ordinance which would restrict "kennels" to retail business districts only, and prohibit "kennels" from being located within 100 feet of a residential district. See proposed CCO 343.11(Q) in the  City Record for November 15, 2006, at page 2050-2051, page 36-37 of the pdf document.  The proposed ordinance moves existing section 325.401, regarding light industry,  to section 325.402.  The new section 325.402 states:   "'Kennel' means a place where dogs are bred for hunting, or for sale or for any gain."   See also City Takes on Dog Fights by David Plata, West Side Sun News, Nov. 16, 2006.   

Pending Puppy-Mill Bill to be Rewritten

Pending HB 606 will be rewritten to clarify that the law applies to dog-breeding businesses with at least nine female breeding dogs, and not to small breeders.  The Ohio Department of Commerce would be authorized to inspect such businesses to ensure that cages are large enough for the dogs to stand and turn around, the dogs be taken out of the cage for exercise, and the dogs have contact with humans. Confusion Over Puppy-Mill Legislation Prompts Rewrite by Michael Sangiacomo, The Plain Dealer, Nov. 11, 2006. 

Ohio Supreme Court to Consider Constitutionality of Breed Specific Legislation

An Ohio appellate court held that Toledo Municipal Code 505.14, "Limitations on Vicious Dogs" was unconstitutional.  A dog owner has no opportunity under the ordinance to challenge the dog warden's determination that a dog is vicious.  Pit bulls are automatically considered vicious dogs under the ordinance. City of Toledo v. Tellings, 6th Dist. No. L-04-1224, 2006-Ohio-975.  The Sixth District relied upon State v. Cowan (2004), 103 Ohio St.3d 144, which held that ORC 955.22 is unconstitutional because it fails to provide a mechanism for challenging the dog warden's determination that a dog is vicious.  The Sixth District also found that Toledo Municipal Code 505.14 and ORC 955.11(A)(4)(a)(iii) violate substantive due process rights.  The statute and ordinance are also void for vagueness because of the highly subjective nature of identifying a dog as a pit bull. 

Some cities are removing breed specific ordinances to comply with the Sixth District ruling.  Others are waiting to see how the Ohio Supreme Court will rule in the appeal of City of Toledo v. Tellings.  To see the Ohio Supreme Court docket in this case, search for case no. 2006-0690 at Ohio Supreme Court's Public Case Inquiry.

Pending Ohio HB 533 would remove the language from ORC 955.11 automatically defining pit bulls as vicious dogs.  Any action on this bill awaits the Ohio Supreme Court's decision in the Tellings case.   See our prior post Another Bill to Remove Pit Bulls from the Definition of Dangerous Dog.

Source:  Cities are Collared by Rulings on Pit Bulls by Reena A. Koontz, The Plain Dealer, Sept. 5, 2006.