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1-?,e A-OZ ???1111 March 31, 1994 /91?/ Members of Council Village of MaXfield 6621 Wilson Mills Road Mayfield Village, Ohio 44143 RE: Dangerous and Vicious Dogs Dear Members of Council: One of your members has requested of ine to research the possibility of outlawing certain breeds of dogs, such as Pit Bulls or Rotweilers, so as to prevent them from existing in the Village under any circumstances. The following is my opinion. We have researched thoroughly the laws of Ohio in all of the various municipalities, and are unable to find any precedent for outlawing all such breeds of dogs within the Village. However, we are also unable to find any court cases which would prohibit such legislation from being adopted. Before enacting such legislation, there are some principles of law which must be followed and adhered to to support the enforcement of such legislation. A municipal corporation can regulate the keeping of animals within its boundaries pursuant to its police power and authority to protect public health and safety. The cases we find in this subsection usually deal with the number of animals kept, and such things as exotic animals (lions, tigers, cougars, etc.) which I have drafted for many communities in the Greater Cleveland area. There are court cases which have indicated that an ordinance prohibiting the keeping of animals is valid onlv when the public health, public peace, public safety or public decency is effected by the keeping of such animals. The cases we have found did not deal with breeds of dogs, but again with exotic animals, birds which become a nuisance, and other such type animals. It is my opinion that an ordinance eliminating a specific breed of dog would likely meet with a challenge that would be difficult to defend unless we had documentation distinguishing between these types of dogs and other dogs. Therefore, if we are intent on adopting such legislation, I would recommend that we retain an animal specialist, dog warden, or someone with expertise, to give us a report as to the breeding practices that are related to Pit Bulls and Rotweilers that cause a greater majority of their numbers to be dangerous and vicious as opposed to other intimidating type dogs such as German Shepards and Dobermans. If this is your desire, please so advise me and I will attempt to locate such an expert and advise you of the cost for such an investigation, study and report. Alternatively, your existing animal ordinance, Section 505.11, is the standard and "state of the art" legislation for protecting against