6/1/2021 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6-1-2021 Director of Law Gareau: • The department has a new Clerk, Milica Prica, who is in her first year of law school. She qualifies under grant funding, which helps keep our costs down. • The department intends to commence litigation soon regarding a traffic accident case which did a substantial amount of damage to the traffic equipment at Canterbury and Lorain. An inattentive driver took out the mast arm and the equipment that goes with it. Overall, it was nearly $20,000 in damage and there has been no success dealing with the driver's insurance company. • Regarding the dog incidents that took place on May 13. There has been a total of 15 charges that have been brought relative to the dogs at large. The City is exploring additional charges. There are other registration charges under the Revised Code that could be brought which carry more significant penalties. There is also requirements under the State Code for confining, which are first degree misdemeanors. In terms of the City's code, things also being given consideration is the failure to register the animals, there is also an insurance requirement, a signage requirement and a requirement to maintain possession of these animals. All of these violations are currently being considered. It is the department's understanding this individual did not have insurance. Under Ohio law dog bites are strict liability cases. If your dog bites somebody it's your responsibility. There is probably an avenue of relief that needs to be explored by the individuals affected. There has been some discussion in the Law Department regarding switching over some charges to State Code vs. Local code as the State Code enhances a second later offense and those enhancers would apply to other communities as well, so that option is being explored. Councilwoman Hemann asked if the City has absolutely preserved its rights under the State Code. She referenced a dog with multiple bites over several years in her Ward as part of her question. Director Gareau said there are two ways to do it. It can be done through the State Code and the Local Code and the City still has the State Code available to it. Councilman Kelly asked if the charges are levied under a local code and the dogs leave our city and bite someone in another city are they considered dangerous already or is that only under State Code. Director Gareau said there are enhancements and other things under the State Code, but he wasn't sure it would preclude other cities from proceeding with a dangerous or vicious animal charge, even if it was a North Olmsted code section because the Revised Code does specifically call out the ability of local municipalities to have their own set of regulations, which it normally does not do. He said he isn't sure that would preclude enforceability in other communities, but he would take a closer look at it. Director Gareau said he wants to make sure these dogs are gone and they don't come back to North Olmsted. Councilwoman Hemann said she thinks the City has a responsibility not to just our community but also others. She said we can solve our own problem by making sure the PJ