STATE of Ohio

Discuss Breed Specific Legislation and local county laws on pit bull ownership.
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Jules
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STATE of Ohio

Postby Jules » Tue May 20, 2008 1:36 pm

Draconian Ohio Breed-Specific Bill Introduced

[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.

For more information, please contact AKC's Government Relations
Department at (919) 816-3720, or e-mail doglaw@akc.org.

http://www.akc.org/news/index.cfm?article_id=3506

http://www.legislature.state.oh.us/b...?ID=127_HB_568

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heather
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Postby heather » Tue May 20, 2008 4:07 pm

As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 568




Representative Yates (D)
http://en.wikipedia.org/wiki/Tyrone_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.

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myskja
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Postby myskja » Wed May 21, 2008 7:02 am

This is horrifying.

If there is anything at all I can do, please let me know. I'm out in NJ, so I know it's unlikely I can be of much help, but I'm still gonna try to do anything I can anyway.

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lucydog
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Postby lucydog » Wed May 21, 2008 2:38 pm

Here is the ADBA's alert. Scroll down to the bottom, it has the contact info of who to write to. It looks like this one has no grandfather clause. They will take your dog and kill it.

The best thing someone from out of state can do is contribute funds to the BSL-fighting organization of your choice. AND tell EVERYONE you know in Ohio about how their lawmakers are wasting their time. I don't think they listen a whole lot to people from outside the district or the state.

BSL ALERT:State of Ohio Bill 568

ACTION ALERT: Ohio to Ban/Seize and KILL all “Pit Bulls”!!

What to do now!

"Ohio State
Representative Tyrone Yates has proposed a bill today that would prohibit the ownership of “pit bulls” in the state of Ohio. The bill requires all owners to surrender their "pit bulls" within 90 days of the effective date of the proposed law. The bill is unequivocal that the dog warden "shall" euthanize all “pit bulls” within 10 days of their surrender.

Also under this proposal a dog warden or other officer that has probable cause to believe that a dog is a “pit bull” dog, may apply for a search warrant. With the search warrant the officer will have the authority to seize the “pit bull” dog and surrender it to the dog
warden to be killed."

They want to kill thousands of dogs for no reason other than being a certain look!!



See 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.

Read more at: http://www.animallawcoalition.com/breed ... rticle/524
or go to http://www.legislature.state.oh.us/bill ... 127_HB_568

----------------------------------------------------------

Ohio to Ban ALL pitbulls HB 568 –Might affect boxers, labs, bulldogs, etc. etc.

Do you think such a ban won't affect you because you don't have a pitbull? All it would take is for some dummy to think a lab looks like a pit or etc. And then next on the list will be the rotties...Furthermore, another personal right to our homes and
property is being endangered.

Cincinnati they are also trying to ban pits. Our representatives won't put pressure on officials to prosecute the law nor on the wrong-doers because it is so much easier to go after all of the peace-loving, lawful dog owners.

Please ask everyone you know to protest - on behalf of the many wonderful ‘pitbulls‘ in the world, for the many pitbulls and other dogs who have suffered and died due to human greed and inhumanity, for the many other dogs who will die if this passes and for the loss of our personal freedoms – this bill does not even provide a process for appeal in time to keep dogs from being seized and killed in 10 days!

Toni Kennett



Unbelievable!
They're proposing search warrants/seizing dogs that resemble pits and
killing them, WITHOUT ANY HISTORY OR PROOF OF AGGRESSION, WITHOUT ANY EVALUATION! How many other breeds will they kill "by mistake" if this law passes? This isn't just “pitbulls” that are in danger! Get the word out to everyone you know in OHIO and get them to contact their legislators NOW before it's too late! LET'S MAKE SOME NOISE PEOPLE!

Read more at: http://www.animallawcoalition.com/breed ... rticle/524

To see a copy of the Bill, please visit:
http://www.legislature.state.oh.us/bill ... 127_HB_568.

This is over the edge, what happen to our freedom???? They can come in your house if they even think you have a pit bull. Most people don't even know what a pitbull looks like (don't piss off your neighbor or all of a sudden your boxer x is now a pit bull x), all different breeds will be targeted as pits or pit bull type dogs. What ever happen to due process!!!!!!!!!!!!!!!! ----------------------------------------------------------

----------------------------------------------------------

Info on what to do at this time - Please ask all your friends and associates to act
right away.

Read why breed bans don’t work and what will help to reduce bites and improve community safety.

http://www.animallawcoalition.com/breed ... rticle/524

Also please sign the petition
Forward this to everyone you know!

http://www.petitiononline.com/10121985/petition.html


We heard from Webster's Aide earlier today and she indicated that the Bill has been assigned to a committee. Until I am informed of the committee considering the Bill, there are a few things each of us can do. Please DO NOT WAIT to do the following: please remember to be polite and respectful in all correspondence!

Ohio Residents:

Contact Your House Rep as follows:

(1)
Draft a PERSONALIZED LETTER to your house representative. If you do not know who your representative is, please visit:
http://www.house.state.oh.us/jsps/Representatives.jsp.

In the letter, indicate that you are a constituent, that you oppose Bill 568, that you will leave Ohio if this passes (if that is the case) and that you want your representative to oppose the Bill.

Please try to send this letter out immediately.

(2)
Call your representative to express your opposition and to urge your representative’s opposition. Tell him/her that you will fight this all the way. Remember to leave your name, city of residence and phone number. You will most probably get your reps voicemail. Please plan what to say prior to making the call.

ALTHOUGH
EMAILS ARE EASIER, PLEASE FOCUS ON SENDING LETTERS AND CALLING. THISIS EXTREMELYIMPORTANT AT THIS POINT!!!!! TAKE 15 MINUTES TO WRITE A LETTER ANDMAKE SURE TO PERSONALIZE IT. OUR REPRESENTATIVES NOTICE WHEN THEYRECIEVEFORM LETTERS.

(3)
Send an e-mail to your representative urging him/her to vote against theBill. Tell him/her that you will leave Ohio if this passes.

***For
additional talking points for your letters, please visit:
http://www.animallawcoalition.com/breed ... rticle/524.

Contact
the Leadership:
(contact information below)

(1)
Use the LETTER you sent to your representative and revise it slightly.
Although you may not be a constituent, leadership has a lot of power and
expects to hear from the residents of Ohio. So, please send letters.

(2)
Call each member of the leadership. You will probably get voicemail but
please leave your name, city of residence and phone number. Please plan
what you will say prior to making the call.

****At this point, we do not want emails sent to leadership.*************

IFYOU CAN, PLEASE LET ME KNOW ONCE YOU'VE SENT THE LETTER, LEFT A VOICEMAIL ANDEMAILED. WE ARE TRYING TO KEEP TRACK OF WHAT EVERYONE'S DONE AND WE'RETRYING TO FIGHT THIS AS A UNIFIED GROUP SO YOUR COOPERATION ISAPPRECIATED!

Out of State Individuals Wishing to Voice Opposition:

Until we determine to which committee the Bill has been assigned, if you
would like to voice your opposition, the best thing to do is to:

(1)Send LETTERS to House Leaders (contact info below) and voice your
opposition.

(2)Call the leadership and leave messages voicing your opposition.

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 (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 (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 (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 (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 (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 (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 (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 (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 (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 (state.oh.us)

************************************

Saradog
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Postby Saradog » Wed May 21, 2008 8:45 pm

Thanks for thei info, everyone. I'm absolutely sickened that someone would introduce this. Time to send my letters.

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randy hutcherson
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Postby randy hutcherson » Thu May 22, 2008 6:34 pm

I have to get this off of my chest. I'm mostly a lurker, don't get too involved. My wife and I are here in Ohio due to her job. I'm not that crazy about the place. But I have to ask: with all of the institutions of higher education in this state, aren't there any public servants with any common sense or that understand what is really going on? Where do these morons keep coming from? I just want to spend time with my dogs and be left alone! If I could leave I would. Yes, we mailed out letters of opposition and concern today.

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heather
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Postby heather » Thu May 22, 2008 9:22 pm

House Bill 568 was referred to the Committee on State Government and
Elections. To see more detailed information, visit:
http://www.canineadvocatesofohio.org/BS ... B._568.htm

In the previous email I sent out regarding H.B. 568, I asked all Ohio
residents to please contact their representative. I must again emphasize
that personalized letters sent in the mail and phone calls make the most
impact. I understand that we are all busy and emails are easier to draft
and get out quickly; however, representatives are aware of this as well.
So, please draft personalized letters and send them via snail mail and
make a phone call. I have identified what all Ohio residents should do on
our website. For detailed information, please visit:
http://www.canineadvocatesofohio.org/BS ... /H.B._568_ Action.htm

Now that we know the committee to which H.B. 568 has been referred, please
contact the committee chair.
a.. Draft a PERSONALIZED LETTER.

b.. You can use the letter you sent to leadership.

c.. Although you may not be a constituent, you are an Ohio resident and
should indicate that much.

d.. Change the name and address of the recipient and any other
information that was specific to your representative. Please make sure
to address a separate letter to each member of the committee.

e.. Urge the Chair of the Committee to vote against the Bill.

a.. Call the Chair of the Committee. You will probably get voicemail
but please leave your name, city of residence and phone number. Please
plan what you will say prior to making the call.

Chair Contact Information:

David T. Daniels, Chair (R)
77 South High Street
11th Floor
Columbus, Ohio 43215-6111
Telephone: (614) 466-3506
Fax : (614) 719-6986
Email Address: district86@ohr. state.oh. us


ALL OHIO RESIDENTS SHOULD TRY TO SEND ALL LETTERS AND MAKE ALL PHONE
CALLS, AS DESCRIBED ON THE WEBSITE AND IN PREVIOUS EMAILS, BY THE END OF
THE WEEK. WE WILL BE ASKING YOU TO DO OTHER THINGS IN THE COMING WEEKS
AND WE DO NOT WANT THIS TO GET TOO FAR.

TO STOP THIS BILL FROM MOVING FORWARD, WE NEED TO BOMBARD OUR
REPRESENTATIVES. PLEASE TAKE THE TIME NOW!!!

************ ********* ********* ******
Shana Klein, President
P.O. Box 19081
Cleveland, Ohio 44119
www.canineadvocates ofohio.org
__._,_.___

hhasrescue
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Postby hhasrescue » Fri May 23, 2008 10:43 am

This is SCARY. I live in Cleveland...work for a doggy daycare where a good number of the clients have pit mixes who are well socialized friendly and well trained animals. I own a bully mix....who I have labeled as an OEB on both vet paperwork and CKC (crappy contiential kennel club) paperwork. I have to protect her so an OEB she is. I'm not letting some uptight bunghole come marching into my home on a mission of GENOCIDE to seize and kill my dog and torture my family...won't happen.

I do wonder tho about ALL the pit bulls who will be seized whose dogs look less like bulldogs and can't be "passed of" as any other breed. Will I have to watch my clients suffer as the dogs I love are ripped away from thier arms and sent to death? I don't know. I hope not.

One thing we CAN do is PROTEST. There will be a public meeting on this issue in Columbus to help decide....if pit bull lovers from all over the country show up in HUNDREDS and hold protest outside of the counsel office...and inside...our voice should be herd. We can get media. We can show them that hundreds of people....hundreds of ohio residents REFUSE this law and DEMAND it not be passed. We need Ohio people to speak up....but not just people from ohio....people from everywhere. If it can happen here....it WILL happen every where else....ignorance spreads like wildfire and once their is a precedence it is all the more easy to accomplish.

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Subliminal
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Postby Subliminal » Fri May 23, 2008 10:58 am

That's messed up.

If they ever do that in my state, I'll move ASAP. I'll be damned if my tax dollars are going to go to people who would try to split up my family.

What country is this again?

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Maryellen
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Postby Maryellen » Fri May 23, 2008 11:38 am

if this goes thru, and your dog looks like a pit bull and has paperwork that says he isnt, he will be taken.. it wont matter what paperwork says, if it looks like a pitbull it will be taken.. just like the denver dogs....

hhasrescue
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Postby hhasrescue » Sat May 24, 2008 6:12 pm

"What country is this again?"

Nazi Germany?

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heather
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Postby heather » Sat May 24, 2008 6:34 pm

Lawmaker Calls For State Ban On Pit Bulls

Last Update: 12:30 am


Ohio lawmaker, Tyrone Yates, wants a statewide ban on pit bulls. This comes after a 12-year-old boy was bitten 16 times by a pit bull.


A pit bull attack leaves a 12-year-old boy with 16 bites to his feet, back, arms and legs.

An Ohio lawmaker points to the incident as a reason to ban the breed statewide.


The SPCA has the dogs now. The boy's mother tells Local 12 she doesn't know why these dogs attacked and that they were family pets.

Some animal rights activists say the proposed law unfairly targets the breed when the focus should be irresponsible owners.

The image that comes to mind for a lot of people when they think of pit bulls is an aggressive breed, ready to attack at any moment.


But dog rescuer Jeanie Sustar says it's a stereotype.

"The irresponsible owners that have them give them a bad name," said Sustar. "They are one of the most loyal, loving breeds that I have ever worked with."


Sustar says a bill sponsored by State Representative Tyrone Yates unfairly targets a breed instead of focusing on the people who train them to be violent.

"I think that it's wrong," said Sustar. "I think that people are very uneducated as far as the breed goes."


Yates says he's done his homework. He points to the arrest of Joseph Goebel, 20, after his pit bulls bit a boy 16 times Thursday night.

Police say after the attack, Goebel turned the dogs loose so they would not be captured for quarantine.

"I'm saying that pit bulls are not the cool thing to have and own," said Yates. "And if you don't keep the dog locked up, we're going to get them off the street."


If Yates' bill passes, it would amend the current vicious dog law to ban anyone from owning a pit bull. And the dogs would be handed over to the dog warden to be put down.

"How it's going to work out in the end, no one knows because when you talk about basically destroying a breed or euthanizing a breed that raises all kinds of moral challenges," said Yates.

People who love the animals say killing pit bulls isn't a good solution.


"I can't even fathom it, it's that horrible," said Sustar.

The House bill has been referred to the Ohio Government and Elections Committee for review. Yates says if he can't get the bill passed this year, he'll reintroduce it in the next session.


http://www.local12.com/news/local/story.aspx?content_ id=de0e73a2-e5b5-4af9-b2bb-46061a4932aa


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