Breed Specific Legislation

City of Toledo, Appellee v. Paul Tellings, Appellant

Summary:

This Ohio case concerns a Toledo ordinance that limited the ownership of Pit Bull dogs to only one dog per household (respondent had three pit bulls). Essentially, the ordinance classifies a Pit Bull as a “vicious dog” under the vicious dog ordinance even if the dog has not engaged in aggressive or vicious behavior. The Court of Appeals for the Sixth Appellate District found that the ordinance as written was constitutionally vague. The Supreme Court overturned that decision in 2007, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

This Ohio case concerns a Toledo ordinance that limited the ownership of Pit Bull dogs to only one dog per household (respondent had three pit bulls). Essentially, the ordinance classifies a Pit Bull as a “vicious dog” under the vicious dog ordinance even if the dog has not engaged in aggressive or vicious behavior. The Court of Appeals for the Sixth Appellate District found that the ordinance as written was constitutionally vague. The Supreme Court overturned that decision in 2007, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee

Summary:

This Reply Brief of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

This Reply Brief of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee.

Summary:

This Memorandum in Support of Jurisdiction of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

This Memorandum in Support of Jurisdiction of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee.

Summary:

This is the City of Toldeo's Appellant Brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

This is the City of Toldeo's Appellant Brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Defendant-Appellee.

Summary:

This is the Ohio Attorney General's amicus brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

This is the Ohio Attorney General's amicus brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

City and County of Denver, a Home Rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the

Summary: In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it.

In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it.

WI - St. Francis - Breed - § 180-5 Dangerous and Vicious Dogs

Summary:

In St. Francis, Wisconsin, no person may harbor, keep or maintain any pit bull that was not registered and licensed by October 1, 2001. Any person having knowledge that another has an unregistered pit bull must file a sworn affidavit with the Municipal Court Clerk. Owners of pit bulls that are allowed must comply with all provisions applicable to dangerous dogs, such as securely confining the dog, displaying a dangerous dog sign, and if off of the premises, keep the dog muzzled and on a leash. A violation may result in impoundment of the dog, as well as a forfeiture of up to $1,000.

In St. Francis, Wisconsin, no person may harbor, keep or maintain any pit bull that was not registered and licensed by October 1, 2001. Any person having knowledge that another has an unregistered pit bull must file a sworn affidavit with the Municipal Court Clerk. Owners of pit bulls that are allowed must comply with all provisions applicable to dangerous dogs, such as securely confining the dog, displaying a dangerous dog sign, and if off of the premises, keep the dog muzzled and on a leash. A violation may result in impoundment of the dog, as well as a forfeiture of up to $1,000.

WI - South Milwaukee - Breed - § 23.20 REGULATING VICIOUS DOGS.

Summary:

In South Milwaukee, Wisconsin, it is illegal to harbor, keep or maintain any Pit Bull that was not registered and licensed by April 1, 1989, with exceptions for law enforcement and dogs being transported through the city. Any person who believes that another is keeping an unregistered Pit Bull shall file an affidavit with the Municipal Court Clerk. Owners of registered dogs permitted in the City shall provide a color photograph of the dog and proof of liability insurance of $100,000.  The owner of a Pit Bull who fails to comply with the requirements must remove the dog from the City.

In South Milwaukee, Wisconsin, it is illegal to harbor, keep or maintain any Pit Bull that was not registered and licensed by April 1, 1989, with exceptions for law enforcement and dogs being transported through the city. Any person who believes that another is keeping an unregistered Pit Bull shall file an affidavit with the Municipal Court Clerk. Owners of registered dogs permitted in the City shall provide a color photograph of the dog and proof of liability insurance of $100,000.  The owner of a Pit Bull who fails to comply with the requirements must remove the dog from the City.

WI - Somerset - Breed - Sec. 7-1-9. Wild, exotic and dangerous animals; pit bull dogs.

Summary:

It is unlawful to keep, harbor, own or possess any pit bull dog in Somerset Wisconsin, with exceptions for dogs registered prior to the effective date of the pit bull ban. Such dogs are subject to certain requirements, such as proper confinement or the use of a leash and muzzle, posting “Beware of Dog” signs, and keeping $50,000 liability insurance. Puppies born to such dogs must be removed from the city after 6 weeks.

It is unlawful to keep, harbor, own or possess any pit bull dog in Somerset Wisconsin, with exceptions for dogs registered prior to the effective date of the pit bull ban. Such dogs are subject to certain requirements, such as proper confinement or the use of a leash and muzzle, posting “Beware of Dog” signs, and keeping $50,000 liability insurance. Puppies born to such dogs must be removed from the city after 6 weeks.

WI - Montello - Breed - § 117-17 Pit Bull Dogs.

Summary:

In Montello, Wisconsin, it is unlawful to keep, harbor, own or possess any pit bull dog, provided that dogs previously registered may be kept subject to certain requirement. These requirements are keeping the dog properly confined or on a leash and muzzle, posting a "Beware of Dog” sign, keeping $50,000 liability insurance, and taking photographs for identification purposes. Sale or transfer of ownership of pit bulls is prohibited. Failure to comply may result in the seizure and impoundment of the dog, a fine of up to $1,000 and imprisonment for up to 30 days.

In Montello, Wisconsin, it is unlawful to keep, harbor, own or possess any pit bull dog, provided that dogs previously registered may be kept subject to certain requirement. These requirements are keeping the dog properly confined or on a leash and muzzle, posting a "Beware of Dog” sign, keeping $50,000 liability insurance, and taking photographs for identification purposes. Sale or transfer of ownership of pit bulls is prohibited. Failure to comply may result in the seizure and impoundment of the dog, a fine of up to $1,000 and imprisonment for up to 30 days.