City of Youngstown, Ohio

Ord 98-499

An Ordinance

Amending the codified ordinances of the city of Youngstown

Enacting Section 505.191, Prohibition of Pit Bull Terriers, of the codified
ordinances of the city of Youngstown, which is more fully defined herein;
and

Providing that this ordinance shall be an emergency measure if it receives
the affirmative vote of six of the members of council; otherwise it shall
take effect and be in force from and after the earliest period allowed by
law.

Be it ordained by the council of the city of Youngstown, State of Ohio:

Section 1

That Section 505.191, Prohibition of Pit Bull Terriers, of the Codified
Ordinances of the City of Youngstown, be and the same is hereby enacted to
read as follows:

163.49 Prohibition of Pit Bull Terriers

a) No person shall own, keep posses, control or harbor a pit bull terrier,
as defined herein, within the municipal limits of Youngstown. ĪPit Bull
TerrierĶ as used herein is hereby defined as any Staffordshire Bull Terrier
or American Staffordshire Terrier breed of dog, or any mixed breed of dog
which contains as an element of its breeding the breed of Staffordshire Bull
Terrier or American Staffordshire Terrier as to be identifiable as partially
of the breed of Staffordshire Bull Terrier or American Staffordshire
Terrier.

b) This section is a necessary control to eliminate the risk of attack by
pit bulls, as defined herein, on human beings in the city which has become a
threat to the health, safety and welfare of the public in all areas of the
city; and lack of knowledge or lack of intent is not a defense to any
violation thereof.

c) A pit bull terrier as defined herein may be identified by a veterinarian
licensed by the State of Ohio, the Mahoning County dog warden, deputy
Mahoning County dog warden, or any individual charged with the enforcement
of city ordinance.

d) Pit bull terriers which are owned, kept or harbored prior to January 1,
1999 may be exempt from the provisions of this section on the condition that
a sworn statement of registration is filed with the Chief of Police,
Mahoning County dog warden or deputy Mahoning County dog warden, by the
owner, keeper or harborer by the effective date of this section.

e) Such dogs shall be securely confined at all times in a locked pen which
has a top and a concrete or wire bottom or other locked enclosure which has
a top and concrete or wire bottom. If it is necessary to enter public
property to take the dog to the veterinarian, the dog shall be muzzled and
kept on a leash or tether. A dog owner who is exempt from the provisions of
this section may be prosecuted pursuant to R.C. 955.22 should such owner
fail to properly confine or restrain the pit bull or obtain adequate
liability insurance.

f) Whoever violates any provision of this section is guilty of a misdemeanor
of the fourth degree on a first offense and a misdemeanor of the first
degree on any subsequent offense. In addition, any person found guilty of
violating any provision of this section shall pay all expenses, including
shelter, food, veterinary expenses for identification of the breed of the
animal or boarding and veterinary expenses necessitated by the seizure of
any dog for the protection of the public and such other expenses as may be
required for the elimination of any such dog.

Section 2

That this ordinance is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, welfare and safety, the
emergency being the necessity to enact Section 505.91, as above described;
and provided it receives the affirmative vote of six of the members elected
to the legislative authority, it shall take effect and be in force
immediately upon its passage and approval by the Mayor; otherwise it shall
take effect and be in force from earliest period allowed by law.