**ALERT** OHIO - STATEWIDE - HB568

Pits in the news and info on Breed Specific Legislation.

Postby cheekymunkee » May 20th, 2008, 10:39 pm

Ohio State Representative Tyrone Yates has proposed a bill today that would prohibit the ownership of pit bulls in the state of Ohio. Please see AKC alert below text of bill.

Jodi



As Introdued

127th General Assembly
Regular Session
2007-2008

H. B. No. 568


Representative Yates

A BILL

To amend section 955.11 and to enact section 955.111 of the Revised Code to prohibit the owning, keeping, or harboring of pit bull dogs beginning ninety days after the effective date of the act and to require specified officers to seize all pit bull dogs after that date.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 955.11 be amended and section 955.111 of the Revised Code be enacted to read as follows:

Sec. 955.11. (A) As used in this section:

(1)(a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which that has a top, locked fenced yard, or other locked enclosure which that has a top.

(b) "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.

(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.

(4)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(4)(b) of this section, meets any either of the following:

(i) Has killed or caused serious injury to any person;

(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.

(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.

(b) "Vicious dog" does not include either of the following:

(i) A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;

(ii) A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.

(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents.

(C) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.

(D) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:

(1) The name and address of the buyer or other transferee of the dog;

(2) The age, sex, color, breed, and current registration number of the dog.

In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:

"Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."

"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."

"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."

The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.

(E) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B) to (D) of this section.

Sec. 955.111. (A) Beginning ninety days after the effective date of this section, no person shall own, keep, or harbor a dog that belongs to a breed that is commonly known as a pit bull dog.

(B) Not later than ninety days after the effective date of this section, a person who owns, keeps, or harbors a pit bull dog on the effective date of this section shall surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.

(C)(1) Beginning ninety days after the effective date of this section, if an officer has probable cause to believe that a dog is a pit bull dog, the officer may apply to a court of competent jurisdiction for a search warrant. The court shall issue a search warrant for the purposes requested if there is probable cause to believe that a dog is a pit bull dog.

(2) After obtaining a search warrant, an officer shall seize the pit bull dog and surrender the dog to the dog warden. Not later than ten days after receiving the dog, the dog warden shall euthanize the dog.

(D) As used in this section, "officer" has the same meaning as in section 959.132 of the Revised Code.

Section 2. That existing section 955.11 of the Revised Code is hereby repealed.


Draconian Ohio Breed-Specific Bill Introduced
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[Tuesday, May 20, 2008]
Ohio House Bill 568, introduced by Representative Tyrone Yates of Cincinnati, seeks to prohibit the ownership, keeping, or harboring of a dog that "belongs to a breed that is commonly known as a pit bull dog." Furthermore, if this bill is passed and adopted into law, all such dogs will be seized and euthanized. It is imperative that all concerned dog owners in Ohio contact their elected representatives and express their vehement opposition to this draconian legislation.

The American Kennel Club supports reasonable, enforceable, non-discriminatory laws to govern the ownership of dogs. The AKC believes that dog owners should be responsible for their dogs. We support laws that: establish a fair process by which specific dogs are identified as "dangerous" based on stated, measurable actions; impose appropriate penalties on irresponsible owners; and establish a well-defined method for dealing with dogs proven to be dangerous. The American Kennel Club strongly opposes any legislation that determines a dog to be "dangerous" based on specific breeds or phenotypic classes of dogs.

HB 568 unacceptably provides that:

* No person shall own, keep, or harbor a dog that belongs to a breed that is commonly known as a pit bull dog.
* No later than 90 days after the effective date of this bill, a person who owns, keeps, or harbor a pit bull dog will be forced to surrender the dog to a dog warden.
* Within ten days of surrender, the dog warden shall euthanize the dog.
* If an officer has probable cause to believe that a dog is a pit bull, the officer may apply for a search warrant. After obtaining a search warrant, an officer shall seize the dog and transfer the dog to the dog warden, who shall euthanize the dog within 10 days.

WHAT YOU CAN DO:
All concerned Ohio dog owners should contact their elected representatives and express their strong opposition to HB 568. To find your elected representatives, click here.




Jodi Preis
Bless the Bullys
Education...Awareness...Advocacy
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Postby pitbullmamaliz » May 21st, 2008, 8:18 am

Oh dear god...
"Remember - every time your dog gets somewhere on a tight leash *a fairy dies and it's all your fault.* Think of the fairies." http://www.positivepetzine.com"

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Postby LMM » May 21st, 2008, 9:00 am

I was JUST coming to post about this! We ALL need to come together on this one.

A state wide ban?!?! I cannot even fathom! :neutral:
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Postby pitbullmamaliz » May 21st, 2008, 9:03 am

I am literally sick to my stomach about this.
"Remember - every time your dog gets somewhere on a tight leash *a fairy dies and it's all your fault.* Think of the fairies." http://www.positivepetzine.com"

http://www.pitbullzen.com
http://inaradog.wordpress.com
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Postby LMM » May 21st, 2008, 9:08 am

I have goose bumps that won't go away. I cannot believe a bill like this can even be freaking introduced, it makes me SO angry.

I really want to punch this guy slam in the face >(
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Postby Moe » May 21st, 2008, 11:19 am

What do we need to do to get this stopped? This is sickening, upsetting and just disgusting, but who do I write too? And can we do something not living in that state???
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Postby cheekymunkee » May 21st, 2008, 11:39 am

FInd out the house & senate members & start sending letters. There are a bunch of letters in this section, just cut & paste & fill in the blanks. ALSO it is better if you fax or snail mail it to them. They tend to read hard copies moreso than emails. Not saying don't email, do both!
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Postby Moe » May 21st, 2008, 11:44 am

Thanks Cheeky!
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Postby Marinepits » May 21st, 2008, 5:16 pm

Leadership Contact Information:
John Husted
Speaker of the House
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 644-6008
Fax : (614) 719-3591
Email Address: district37@ohr.state.oh.us

Kevin DeWine
Speaker Pro Tempore
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 644-6020
Fax : (614) 719-3970
Email Address: district70@ohr.state.oh.us

Larry L. Flowers
Majority Floor Leader
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-4847
Fax : (614) 719-6958
Email Address: district19@ohr.state.oh.us

Jim Carmichael
Assistant Majority Floor Leader
77 S. High St
12th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-1474
Fax : (614) 719-0003
Email Address: district03@ohr.state.oh.us

Michelle G. Schneider
Majority Whip
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 644-6023
Fax : (614) 719-3589
Email Address: district35@ohr.state.oh.us

Shannon Jones
Assistant Majority Whip
77 S. High St
11th Floor
Columbus, OH 43215-6111
Telephone: (614) 644-6027
Fax : (614) 719-3967
Email Address: district67@ohr.state.oh.us

Joyce Beatty
Minority Leader
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-5343
Fax : (614) 719-3581
Email Address: district27@ohr.state.oh.us
T. Todd Book
Assistant Minority Leader
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-2124
Fax : (614) 719-6989
Email Address: district89@ohr.state.oh.us

Fred Strahorn
Minority Whip
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-2960
Fax : (614) 719-6940
Email Address: district40@ohr.state.oh.us

Mike Foley
Assistant Minority Whip
77 S. High St
14th Floor
Columbus, OH 43215-6111
Telephone: (614) 466-3350
Fax : (614) 719-3910
Email Address: district14@ohr.state.oh.us
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