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Placed on first reading and referred to Public
<br />Safety Committee of the Whole January 2, 2018, sec-
<br />ond reading and referred to Committee of the Whole
<br />January 16, 2018. Recommended for adoption March
<br />26, 2018. Please substitute for the original.
<br />ORDINANCE NO. 1 -18 BY: Anderson, Bullock, George, Litten,
<br />O'Leary, O'Malley, Rader.
<br />AN ORDINANCE amending various provisions within Chapter 505, Animals and Fowl,
<br />and Chapter 506, Dangerous and Vicious Animals, of the Codified Ordinances of the City of
<br />Lakewood in order to update the code with respect to the regulation of dogs in the City.
<br />WHEREAS, various provisions within Chapter 505, Animals and Fowl, and Chapter 506,
<br />Dangerous and Vicious Animals, of the Code stand to be amended in order to update the code
<br />with respect to the regulation of dogs in the City; and
<br />WHEREAS, the provisions in these chapters are enacted pursuant to the City's home rule
<br />authority under Article XVIII, Section 3 of the Ohio Constitution, Section 955.221(B)(3) of the
<br />Ohio Revised Code, Article One of the Third Amended Charter of the City of Lakewood, and the
<br />ruling of the Ohio Supreme Court that the Ohio General Assembly may not by statute prohibit
<br />the municipal home rule authority granted by Article XVIII, Section 3 of the Ohio Constitution;
<br />and,
<br />WHEREAS, while section 955.11 of the Revised Code establishes regulations and con-
<br />trols on vicious, dangerous and nuisance dogs after a bite or aggressive action has occurred,
<br />Council desires to enact certain sections found within this ordinance to supplement an unregulat-
<br />ed area of the Revised Code to provide for regulation of certain types of dogs prior to a bite or
<br />aggressive action taking place, as a means to protect the health, safety, and welfare of the citi-
<br />zens of and visitors to the City; and,
<br />WHEREAS, Council finds that it is in the best interests of the health, safety, and welfare
<br />of the citizens and visitors of the City, which is the most densely populated city in Ohio and one
<br />of the most densely populated cities in the United States, to enact certain sections of this ordi-
<br />nance pursuant to the authorities set forth above to provide specific regulations regarding certain
<br />types of dogs inside the City; and
<br />WHEREAS, Council finds that these provisions are reasonable controls on the unre-
<br />strained activities of certain types of dogs to protect the health, safety, welfare, and pleasantness
<br />of the use of streets, parks, sidewalks, yards and all other areas of the City by citizens and visi-
<br />tors. In making these findings Council also adopts and affirms the evidence and findings set forth
<br />in the Ohio Supreme Court case of City of Toledo v. Tellings, 114 Ohio St.3d 278, 282 -283
<br />(2007); and
<br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised
<br />Code, municipalities have the power of local self - government; and
<br />
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