MANSFIELD — A new proposal brought before city council would nix the pit bull ban in Mansfield.
Mayor Tim Theaker, who drafted the proposed legislation, said this is in response to a ruling made by the Ohio Fifth District Court of Appeals that declared another Ohio city’s breed-specific legislation as unconstitutional.
“This is just the start of the discussion,” Theaker said, adding that it’s not etched in stone. “It can easily be changed and modified.”
Click on the PDF to see the full proposal.
Click on the PDF above to see it in full.
State law defines “vicious,” “dangerous” and “nuisance” dogs without regard to breed. Whereas Mansfield has breed-specific legislation, prohibiting the American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Terrier, and any mixed breed of dog containing the aforementioned breeds in city limits because of their classification as “vicious” dogs.
But after the Ohio Fifth District Court of Appeals ruling, the city has temporarily lifted its pit bull ban, according to Law Director John Spon, who told the Mansfield Police Department to stop enforcing the city’s pit bull ban last month.
“The Fifth District Court held that a ban cannot be upheld — it did not address an issue of whether or not a city retains home rule powers to have breed-specific legislation. That issue has never been decided by the court of appeals, ” Spon said.
Mansfield resident Mary Mount questioned the amendments to Mansfield’s dog ordinance.
“I basically understand that you’re trying to enact state law,” Mount said. “I’m questioning this very highly. Right now, the dog warden is already supposed to enforce state law in the city of Mansfield. He doesn’t do it.”
She said she’s had four encounters with pit bulls on her property and has seen many loose dogs in her neighborhood and the dog warden didn’t respond.
“What good does it do to pass a bill that there’s no intention of enforcing?” she asked. “You might intend to enforce it, but there’s no enforcement in place. The dog warden does not enforce it.
“The Mansfield Police Department, I think, would enforce it if you gave them officers to enforce it.”
Deborah Mount echoed her concerns.
“The one thing that concerns me is if Mansfield adopts state law as state law is, it makes the city financially and legally responsible for whatever they enact,” she said. “It would be far wiser to just suspend, drop, whatever you’re going to do with the city ordinance and enforce state law without enacting it ourselves.
“Our police department can enforce state law — they do it on a regular basis. The dog warden is responsible to enforce state law, whether he has is another story.
“But for Mansfield to enact state law means Mansfield will pay and Mansfield is legally responsible for whatever they enact.”
As the proposal is currently written, she added, it’s missing portions of what is stated in Ohio’s law regarding dangerous and vicious dogs, including secure confinement for dangerous dogs, muzzle requirements, liability insurance, a $50 dangerous dog registration fee, and spaying/neutering and microchip requirements.
On behalf of the Humane Society of Richland County, board member Linda Swisher said, “We just want to let the community know that going ahead with state law will not lessen any of the protection — people will be safe.”
“We want to assure you that by lifting the breed-specific (legislation), all breeds will be dealt with, and if they are vicious or dangerous, then they will be dealt with, regardless of what breed. And I can assure you that any breed can do damage. You just never know with any dog.”
She noted the ordinance can be tweaked to ensure the community’s safety, such as mandatory spaying/neutering of pit bull breeds.
“There are things that we can tweak to assure that things like population are under control, guidelines are enforced and people are responsible,” she said.
And by lifting the pit bull ban, she said, “You don’t know how many dogs will find homes that are good dogs.”
City council will discuss the city’s dog ordinance during a safety committee meeting Tuesday, June 27 at 7 p.m. in council chambers in the municipal building.
Related reading:
Citizens, elected officials talk animal control in Mansfield
Law Director: Animal control matter of ‘life and death’
Mansfield residents concerned over recent pit bull attacks
