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Cleveland Aggressive Breed Pit Bull Ordinance: Only Enforced Once It's Too Late
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Tatanga 2006, Wikimedia Commons.
The first time, I was startled but safe behind my car window's protective glass. The second time was worse—although I was expecting it, I was exposed, and so was he. The third time, by far the most upsetting—was both unexpected and now in twice the volume. Without a doubt, the surprise element adds a new layer of fear, the numbers bring uncontrollable confusion. Perhaps what's worst of all is the anticipated—the clink-clink-clink sound I hear when entering or leaving the house and that split-second I linger in anxiety...will this be the day their collars slip loose and their unfenced yard becomes the background of my Pit Bull attack?
Pit Bulls as a breed are demonized, but in truth they are being victimized by irresponsible owners who keep them for status without concern for the pet's well-being or that of others. There are plenty of examples of Pit Bulls who, when properly homed and socialized, make great family companions. Unfortunately, like all laws, it's because of the irresponsible owners that an ordinance is necessary.
A few months ago, I was in my car in the driveway when my 12-pound Pomeranian Titus began barking uncontrollably from the open backseat window. I rolled it up in time for two Pit Bulls, loose and unattended, to pounce against the car door. They'd gotten free from the house around the corner, and somehow we were lucky enough to be inside the car about 10 seconds before they were in our yard.
Just last week, while walking Titus around the block at night, a handful of people were sitting across the street on their porch, with a Pittbull on a leash. Without hesitation, the dog lunged off the porch and began running towards us. The owner was able to get his hand on the leash, but lost control of the dog when mine let out a protective growl—clearly unaware that his stature and his attitude are not one in the same. As I unconsciously gripped the handle of Titus' leash for dear life, the Pit Bull ran into me, nearly knocking me onto the ground. Titus was able to pull himself free of his collar and run to safety, and the owner finally got his dog's leash in his hand. The following day, I diverted my route because the same dog was sitting on the porch, unattended, behind a wire baby gate.
This afternoon Lua, our 6-pound Pomeranian puppy joined Titus and I for a walk. Three minutes in, from out of nowhere comes charging two unleashed Pit Bulls. This time, I dropped both leashes, but the dogs didn't run, they tried to stand their ground and bark to protect me (because I was screaming like a little girl). I was fortunate today that when one of the Pit Bulls had Lua on her back, he didn't attack—unleashed and unthreatened, he approached with a playful demeanor—and the dogs' owner was able to stop the frenzy.
In the wintertime, my neighbor's two Pit Bulls, who are chained in an unfenced back yard, got loose and had a jolly time in our yard and all through the neighborhood, as evidenced by their paw prints and a chain track running alongside it in the snow.
What does Cleveland say? Well, that depends. There's the law itself, and then the enforcement of it.
According to city ordinance, Pit Bull owners are required to have their dogs secured with a heavy collar, leashed (shorter than 6'), muzzled and handled by an able-bodied adult over 18 when they are outside the home. If they are outdoors unattended, they must have appropriate shelter from the elements and the yard must be surrounded by a 6' fence. If the yard is unfenced, the dog must be kept in a minimum 5'x10' pen with an overhead enclosure. They are also required to be registered, microchipped and the owners must carry a $100,000 insurance policy. Pretty straight forward.
So, what happens when you break the rules? Well, pretty much nothing—unless of course your dog mauls a child or kills another dog. As a victim, you'll have to hope the dog owner has that $100,000 insurance policy, which is pretty unlikely, when you consider they haven't sprung $50 for a pair of collars and leashes.
Following up on my earlier phone calls from more than a month ago regarding the unfenced yard, the operator at animal control informed me that the issue appeared to have, "fallen through the cracks." It seems the city employee who responded to the complaint took the word of the downstairs residents that they were moving and the dogs would be gone by the end of the month. The only problem is that the upstairs residents of my neighbor's multi-family home own the dogs. Wait—doesn't the city require Pit Bulls to be licensed? Wouldn't the city employee know he was speaking to the wrong "owner"?
After a long discussion with Cindy from Councilman Kevin Kelley's office, I learned simply ignoring the city's ordinance has no relevant immediate consequence, (for example, removing the animal from the home, even temporarily) unless your dog attacks someone. Cindy says Ward 16 residents can call her at (217) 351-7077 during business hours to make a Pit Bull complaint, and she will refer it to animal control who will issue a warning, and in the event they don't reach an owner, leave a note. The owner will be given time to respond and comply, and in a worst-case scenario, a litigation process would occur.
Next week, I will be writing a follow-up article after speaking with John Beard, Chief of Animal Control for the city of Cleveland, to give specific details of the protocol for handling complaints for incidents like those I've experienced in my neighborhood.
Rules without consequence are meaningless. An ordinance is only as effective as those enforcing it. Speaking with animal control today, I was told that the department is short three staff members. Perhaps more efficient enforcement—working smarter, not harder—is the answer.
Here are my proposed suggestions for an amendment to the city ordinance:
1. If you own a Pit Bull who is seen un-muzzled in public you are subject to a fine of $150 minimum (progressive for repeated offenses).
2. Cleveland Police and animal control officers will check Pit Bulls seen in their jurisdiction to ensure proper registration. Failure to do so will result in a $150 minimum fine, and proof of the dog's registration must be included with payment for the citation.
3. If you own a Pit Bull who is left in your yard unattended without being appropriately contained, your dog will be removed immediately and kept at the city kennel for a fee until you are able to remedy your home to comply with the city ordinance.
4. The city should implement an Aggressive Dog Registry, like the county sex offender registry, where Pit Bulls' residences are recorded.
I chose my Cleveland neighborhood because it's a place I feel safe walking my dogs at night without being attacked by a person. I should have the same sense of security that I won't be attacked by a dog. It's time the city implement a proactive approach to control what's becoming an epidemic, rather than standing idly by waiting for the next Pit Bull attack to be reported.
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