[ SHOWGSD-L ] Ohio HB 14, A Good Bill Gone Bad

  • From: Stormy Hope <Stormy435@xxxxxxx>
  • To: "showgsd-l@xxxxxxxxxxxxx List" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Tue, 21 Jun 2011 13:58:26 -0700

Ohio HB 14 started out as a short bill with one narrow purpose: rid  
Ohio of
its state restrictions on dogs identified as pit bulls. The bill was
amended and voted out of committee
(http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_14) with 20  
pages
of additional changes, including:
A new category of "nuisance dog," one that when off the owner's property
menaces or attempts to bite or causes a reasonable person to fear being
attacked or bitten, has been added.

New additions to the category of "dangerous dog" include any dog  
picked up
at large more than twice regardless of behavior (presumably although not
specifically including dogs designated as a nuisance), a dog that has
caused injury that is not serious, and any dog designated as vicious  
(one
causing severe injury to a person or killing a person) but returned to  
the
owner by the court.

Dogs designated as dangerous must be registered with the county of
residence ($50 per year presumably in addition to the regular license  
fee);
microchipped; s/n; confined in a specific manner; and insured against
future liability. Dangerous dogs must also wear a special collar tag  
at all
times and cannot be 'debarked.' (Ownership of a 'debarked' dangerous  
dog is
prohibited, apparently regardless of whether the procedure was done  
before
or after the designation as dangerous.)

Dog wardens determine whether a dog is a nuisance, dangerous, or vicious
based on reasonable cause but must notify owners that they can appeal  
the
designation w/in 10 days. (This is supposed to fix the due process flaws
in the current language ruled unconstitutional by the Ohio Supreme  
Court in
2004.)

There's no provision to have a record expunged so that an owner who  
manages
and trains his dog to keep it home can get the designation rescinded.
There's also no provision for a warning before the clock starts  
ticking on
the third pick-up.

Norma
"Norma Bennett Woolf"editor@xxxxxxxxxxxxxx   naiaeditor

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