35-11 Amend sections in 506 to clarify hearing process related to vicious & dangerous dogs

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Placed on first reading and referred to the Public Safety Committee 6/20/11, second reading 7/5/11; deferred 7/18/11; recommended for adoption 7/25/11; referred back to Public Safety Committee 9/19/11; recommended substi- tute for adoption 10/10/11; please sub- stitute for original. ORDINANCE NO. 35-11 BZ'~ Anderson, Bullock, Juris, Madigan, Nowlin, Smith. AN ORDINANCE amending Section 506.03 of the Codified Ordinances, Pit Bull Dogs or Canary Dogs; Section 506.08, Alternative Confinement; Section 506.09, Hearing by Director of Public Safety; Notice; Section 506,10, Evidence; Section 506.11, Decision of the Director of Public Safety; and Section 506.,13, Disposition of Dangerous Animals, for the purpose of clarifying the definitions and hearing processes related to pit bull dogs, canary dogs, other dangerous dogs and vicious dogs. WHEREAS, Chapter 506 of the Codified Ordinances, Dangerous and Vicious Animals, generally establishes the process of designation, notice and hearing as to whether a dog is dangerous or vicious and the rules for disposing of such animals; and WHEREAS, the chapter was substantially altered with the passage of Ordinance 58-08, adopted July 21, 2008; and WHEREAS, having engaged in due process related to Chapter 506 since the ef- fective date of Ordinance 58-08, the City deems it advisable to clarify the responsibilities and rights of all parties to dangerous- and vicious-dog determinations, hearings, appeals and dispositions, including resolving any ambiguities between the provisions of the chap- terrelated to those dogs deemed dangerous or vicious because of behavior and those dogs deemed dangerous or vicious because of type; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 506.03 of the Codified Ordinances, Pit Bull Dogs or Canary Dogs, currently reading as follows: 506.03 PIT BULL DOGS OR CANARY DOGS. (a) All pit bull dogs and canary dogs (Perm de PresaCanario) are deemed to be dangerous animals even in the absence of a heaz- ing by the Duector of Public Safety or his or her designee.