Councilman Tim Abbott said he’ll make a motion at a future council meeting to direct City Manager Mark Wendling and Law Director Steve Wolterman to outline a process to put the issue on a ballot for vote because community members have mixed feelings on the issue.
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“I think as a group, we need to take a step back, collectively get our thoughts together and then move forward to put this issue at rest and let our taxpayers decide the issue,” he said of the idea also mentioned by a resident who wanted the ban lifted.
Abbott said his desire to let the public vote on the issue was “by and large” the reason for his “no” vote, but also because there was a lot of confusion about a $10,000 liability insurance requirement which he said is inconsistent of what’s required under the Ohio law. Homeowners and renters insurances would have provided that coverage, but many insurances have varying allowances on types of dogs they insure, according to pit bull advocates and experts.
Ohio in 2012 removed all references in state laws that permitted breed-specific bans. Fairfield passed its ordinance about pit bulls in 2006. Only one court — the 5th District Court of Appeals — has ruled against communities banning dogs based on breeds, and Wendling said it’s “unsettled law” with the 12th District Court of Appeals. The Butler County-based court hasn’t had the issue before it.
“It could be subject to a lawsuit; that remains to be seen,” Wendling said. “It would have to be someone to decide to appeal a decision if we enforce the law.”
Councilman Ron D’Epifanio, who voted against rescinding the law, said most of the 173 residents he spoke with wanted the law to stay in effect. He also said, “Pit bulls, when they bite, they bite to kill.” However, Councilman Bill Woeste, who voted in favor of rescinding the ban, said the Centers for Disease Control and Prevention said there have been 40 breeds involved in dog attacks in recent years.
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Vice Mayor Debbie Pennington and Councilman Craig Keller also voted against lifting the ban.
Most of those who spoke Tuesday night, however, disagreed with Fairfield’s ban.
Resident Crystal Mack said, “You never can judge a book by a cover,” and pit bulls that aren’t cared for properly can be mean, but that’s the case with any other animal.
Kelly Williams, of Fairfield, said, “It’s all about how they’re raised,” and said she’s “never ever been bitten by a pit bull.”
Since 2016, there have been 59 reported dog bites, according to the Fairfield Police Department. Fourteen of those dogs were believed “at the time” to be a pit bull, but breeds of those dogs are “unverified,” Wolterman said when the matter was first introduced in September.
But resident Judy Abbott applauded council’s decision. She admitted pit bulls are “cute dogs,” but said, “I think they have a mean streak in them.” She didn’t talk about first-hand experiences with pit bull breeds but told the council about experiences friends and acquaintances had with them.
Fairfield’s pit bull law is enforced by complaint. However, Wendling admits there are many mixed breeds that have characteristics of a pit bull.
“If we saw one loose, we would certainly pick it up and want to know where it is from, but typically it would be complaint-driven,” Wendling said. “Certainly, there are certain looks that a dog looks to have pit characteristics, but the only way to be certain from what I’ve been told by dog experts is a DNA test.”
The four primary breeds considered to be a pit bull include American Pit Bull Terrier, American Staffordshire Terrier, American Bully and Staffordshire Bull Terrier.
CONTINUING COVERAGE
The Journal-News first reported City Council would be considering a change in the animal control ordinance in February until Tuesday night’s vote. We’ll continue covering the issue when Councilman Tim Abbott will ask council to consider letting the city’s voters decide.
COMPLETE COVERAGE
• Fairfield may drop pit bull ban after challenge from local woman
• Not everyone agrees that Fairfield should stop pit bull ban: What both sides say
• Social media reacts to challenge of Fairfield's pit bull ban
• Fairfield considers lifting 13-year-old pit bull ban
• Fairfield could soon reverse city's 13-year-old pit bull ban
• Fairfield residents concerned about possible $10K dog insurance
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