URGENT - Breed BAN in Wooster, OH

[Stacy White]

PLEASE read the following - we need all the help we can get to prevent breed-specific legislation from being enacted. If "pit bulls" are banned, rotties are easily next.

Thank you to Melanie Tierney for the alert!

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EXTREMELY URGENT- IMMEDIATE RESPONSE NEEDED! OHIO

Please post and cross post

Wooster, Ohio June 19, 2000

The City of Wooster introduced, unanimously voted on and passed today a new
ordinance that targets all animals and also BANS specific breeds. While a
typical ordinance allows for three readings, open to public input, this
ordinance was pushed through in a single evening. The new components of the
ordinance are designed to update Wooster’s 12 year old animal control law.

The ordinance was suggested to the City Council by Wayne County Assistant
Dog Warden Beth Carr, and was introduced by Councilwoman Judi Mitten.

Background of the Ordinance: In a telephone conversation with a supervisor
at the Wayne County Humane Society, problems with : “these types of dogs”
have been increasing in Wooster and Wayne County. No accurate statistics
were available from the HS. Loose dogs, dog bites, and owners who violate
local laws repeatedly were cited as reasons that the HS supports the
ordinance. I was also told that :”we were backed into a corner on this” when
I questioned why other avenues were not explored, and that this ordinance
will affect responsible dog owners as well. The HS employee also assured me
that:
**We won’t be going door to door to enforce this ordinance.”
**”It’s not the intent of this ordinance to target responsible dog owners”

Editor’s note: The best laws are written so that their intent and wording
are in harmony. While the current officials may not plan to implement the
law to affect responsible dog/ animal owners, it would be perfectly legal
for future enforcement officials to go door to door, impound dogs on the
spot, etc.

According to an article in the Wooster Daily record, the purpose of the ban
from Animal Control’s perspective, is that prohibiting pit bulls from the
city of Wooster and other municipalities will prevent dog fighting and
related illegal activity in these comminutes. There have been no reports of
planned or organized dog fights in Wayne County.

OBJECTIONABLE PORTIONS OF THE ORDINANCE:

A Dangerous animal (not just a dog) is defined as follows:

A dangerous animal means an animal that, without provocation has chased or
approached in either a menacing fashion or an apparent attitude of attack,
or has bitten or attempted to bite or otherwise endanger any person, or has
bitten another animal while the animal is off the premises of its owner,
keeper, harborer or other responsible person. Further, a dangerous animal
means an animal that without provocation has bitten any person while on the
premises of its owner, keeper or harborer.
**********
Problems:
1.There is no declaration of what constitutes a bite, therefore, dogs/ cats/
etc playing with other dogs/cats/etc where mouthing/biting is demonstrated
would be classified as dangerous under the current wording of this
ordinance.

2.A dog/cat/ etc can bite or attempt to bite a person and the consequences
are the same. Thus, a dog/cat/etc that lunges at a person and a dog/cat/etc
that bites a person are classified in the same manner.
**********
Dangerous animals may be ordered destroyed, removed from the city, or
continue to be kept in the City, subject to the following restrictions:

A.Animals must be kept on a choker collar and be muzzled when off the
premises. No other collar type is noted, so no buckle collars or head-halter
type collars may be used.

B.The dangerous animal must be restrained on their property so as to prevent
it from escaping or from attacking or biting any person with privilege to
enter upon the property.
**********
Problem- “privilege” is not defined. Who has privilege, who does not?

Animals may be destroyed based on fairly minor behavioral problems such as
lunging & barking at passersby, while dogs/cats/etc that have caused harm
may be removed to other communities, posing a future public health and
safety concern.

Since “animals’ is used here, cats and other household pets such as rabbits,
birds, guinea pigs, etc may also be defined as dangerous. Muzzling and
placing cats or other pets on choker collars may not be the intent of the
legislators, but would be required under this ordinance.

**********
A Vicious animal is defined as an animal that:
** Has killed or caused serious injury to any person
**Has caused other than killing or serious injury to any person or has
killed another animal.
** Belongs to a breed that is commonly known as a pit bull dog.

Wooster’s definition of a “pit bull” includes, but is NOT LIMITED to the
American Pit Bull Terrier, Staffordshire Bull Terrier or American
Staffordshire Terrier, or any mixed breed of dog which includes as an
element of its breeding any of the aforementioned breeds so as to be
identifiable as partially of any of the aforementioned breeds.

Vicious dogs are not permitted in the city. The court may order the vicious
dog destroyed or removed from the city.
**********
Problems:
1.The difference between a dog being declared dangerous for biting a person,
or being declared vicious for causing other than serious injury to a person
is unclear. There is no language which defines specifically what is serious
(ex- wounds requiring stitches, broken bones), and what constitutes “other
than serious”.

2.Breed specific language is highly problematic in many ways. I was informed
by the HS supervisor that she is a breed expert, and will utilize AKC and
UKC breed standards to make a determination. When asked if she was familiar
with these standards, she said she was “primarily familiar”, meaning she had
a basic description of the animal to go by. She has also attended Cruelty
Investigation training offered by the National Animal Control Assoc, where
breed Identification is a part of the curriculum. NACA’s code of ethics
clearly states that they do not support BSL .

3.Dogs may be destroyed based solely on their appearance, and not their
behavior, while dogs that have caused serious harm may be removed to other
communities, posing a future public health and safety concern.

4.A dog that has killed a squirrel, mouse, mole, etc may be classified as
vicious.

5. A cat or other household pet that has scratched, etc a person or killed a
mouse, etc may be deemed vicious, and be subject to killing or removal from
the city.

This ordinance will go into effect in 30 days (July 19) There is still time
to voice your concerns with this ordinance, propose alternatives, and let
Wooster know that this piece of legislation harshly punishes responsible
animal owners who pose no threat to the community.:

Beth Carr- Wayne County Dog Warden: 330-287-5410

Wayne County Humane Society: 330-262-0152 or
<A HREF=http://www.wchs.org/wchs/news.html>http://www.wchs.org/wchs/news.html</A>
1611 Mechanicsburg Rd
Wooster, OH 44691

60% of their funding comes from Wayne County and the City of Wooster. The HS
has a contract with the City of Wooster to enforce their leash law (which
includes cats). The County Dog Warden enforces other laws, and the county
has a contract with the HS to house all impounded dogs.

Editor’s note- Please note that this agency carries the word “humane” in it’
s name. Agencies that profess to care for animals and be advocates for their
welfare are in direct conflict with this philosophy when they support
legislation that encourages the killing of a specific type of animal based
solely on its appearance. This HS euthanizes all bull breeds that come into
their facility, none are adopted out.

Responsible animal owners are URGED to immediately contact:

City of Wooster Officials:

City of Wooster
538 N Market St
PO Box 1128
Wooster, OH 44691-7082
330-263-5200
330-263-5247 (FAX)

MAYOR
James Howey
COUNCIL PRESIDENT
James Thompson
COUNCIL MEMBERS
James Hodges
Barbara Hustwit
Anne O’Planick
Judi Mitten (sponsor)
AT LARGE
Bob Breneman
Inell Keller
Tom Vura
CLERK
Sheila Stanley

Law Director:
Richard Benson 330-263-5248 ### He has been working closely with Animal
Warden Beth Carr on this ordinance.

Police Chief
Steve Thornton 330-287-5700

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Melanie Tierney
Canine Friends of Cleveland
PO Box 37140
Maple Hts, OH 44137
216-556-5PET
aegis66@msn.com

[Stacy White]

Please attend this meeting if at all possible!

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FOR IMMEDIATE RELEASE:

Please post and cross post

Wooster, Ohio June 28, 2000

There is still plenty of time to contact the city of Wooster regarding their
BAN on vicious dogs which is BREED SPECIFIC and passed with a unanimous vote
and no public hearings on June 19, 2000.

PLEASE PLAN TO ATTEND THE NEXT CITY OF WOOSTER COUNCIL MEETING:

MONDAY, 3 JULY at 7PM.

Wooster City Council meets in the First Floor, Main Courtroom in the
Municipal Building, located at 538 N. Market St in Wooster. Plan on being
there at 7pm sharp. Those interested in speaking to the Council must sign in
prior to 7:30. Council opens the floor to public commentary at 7:30,
followed by the Council meeting at 8 pm. Speakers and members of the
audience should be professionally dressed and well prepared. The media may
be present as well. If you are bringing notes or other documents to support
your testimony please bring 10 copies for the Council members.

DIRECTIONS TO WOOSTER:

>From Route 30 West - follow Rt 30 W towards town and after you go past a
McDonald's it will have an exit ramp that goes to the right and then another
one down the road that goes to the left. Stay on the main road and it will
bring you straight into town. You will go past Lincoln Way Elementary School
on your left and then the road will split again and you need to go to the
right over the railroad tracks. The road will curve to the left. Stay on
this street until you come to the City Square. At that intersection you will
want to turn right on Market Street. You will then follow this street past a
Buehler's Towne Market grocery store and the Municipal Buliding will be just
a little further up the street on the left.

>From Rt 585 South - come into town on 585 South and stay on that road until
you come to Market Street. Turn left onto North Market and the courthouse
will be a short way down on your right.

>From Rt 71 South- exit at Rt 83/ Lodi St Exit. You will head into Wooster,
driving by a Walmart Plaza. The second light after the Walmart plaza is
Friendsville Rd. Turn right. Friendsville will change to Burbank. You will
come to a 'Y" intersection, where you will bear to the right. The street is
now Quimby, and stay straight on Quimby, which will change to N Market st.
Go to the Municipal Building, the meeting is held in the First Floor
Courtroom.

PLEASE CONTACT THE FOLLOWING WITH YOUR COMMENTS AND CONCERNS:

Beth Carr- Wayne County Dog Warden: 330-287-5410. Fax: 330-287-5407

Wayne County Humane Society: 330-262-0152 or http://www.wchs.org/wchs/news.html


City of Wooster Officials: http://www.ohio.com/communities/wooster/government/

City of Wooster
538 N Market St
PO Box 1128
Wooster, OH 44691-7082
330-263-5200
330-263-5247 (FAX)

MAYOR
James Howey : 330-263-5246
COUNCIL PRESIDENT
Gary Thompson: 330-264-4653
COUNCIL MEMBERS
James Hodges: 330-262-8446
Barbara Hustwit: 330-264-5608
Anne O’Planick:
Judi Mitten (sponsor): 330-262-9266
AT LARGE
Bob Breneman: 330-262-5135
Inell Keller: 330-345-6970
Tom Vura: 330-345-6299
CLERK
Sheila Stanley: 330-263-5246

Law Director:
Richard Benson 330-263-5248. FAX: 330-263-5247.### He has been working
closely with Animal Warden Beth Carr on this ordinance.

Police Chief
Steve Thornton 330-287-5700


Melanie Tierney
Canine Friends of Cleveland
PO Box 37140
Maple Hts, OH 44137
216-556-5PET
aegis66@msn.com

[babesmom]

I did it even though I don't live in OH I can relate. When will they ever wake up and punish the owners, puppy millers, abusers etc.