(a) The provisions in this chapter are enacted pursuant to the City of Lima's home-rule authority under Ohio Constitution Article XVII, Section 3 (Home Rule), R.C. § 955.221(B)(3), Section 1 of the Charter of the City of Lima, and the ruling of the Ohio Supreme Court that the Ohio General Assembly may not by statute prohibit the municipal home-rule authority granted by Article XVIII, Section 3 of the Ohio Constitution. See City of Cleveland v. State, 138 Ohio St. 3d 232 (Ohio 2014) (Syllabus 1).
(b) In addition to the authority in division (a) of this section, with respect to § 618.08 set forth below, while the laws of the State of Ohio as set forth in R.C. § 955.11 establish regulations and controls on vicious, dangerous, and nuisance dogs after a bite or aggressive action has occurred, Council desires to enact § 618.08 to supplement an unregulated area of the Ohio Revised Code to provide for regulation of pit bull dogs prior to a bite or aggressive action taking place, as a means to protect the health, safety, and welfare of the citizens of and visitors to the City.
(1) Council finds and determines that in 2013 in Lima there were approximately 97 reported dog bites and 29% of those were from pit bull dogs, and that in 2012 approximately 39% of the dog bites by reported breed in Lima were attributed to pit bull dogs; and,
(2) Council finds that it is in the best interests of the health, safety, and welfare of the citizens and visitors of the City of Lima to enact § 618.08 pursuant to the City's Home Rule Authority to provide specific regulations regarding pit bull dogs inside the City. Council finds this section is a reasonable control on the unrestrained activities of pit bull dogs to protect the health, safety, welfare, and pleasantness of the use of streets, parks, sidewalks, yards and all other areas of the City by citizens and visitors. In making these findings Council adopts and affirms the evidence and findings set forth in the Ohio Supreme Court case of City of Toledo v. Tellings, 114 Ohio St. 3d 278, 282-283 (Ohio 2007).
(c) As further authority and findings in support of all provisions in this chapter (specifically including but not limited to § 618.08) Council adopts and incorporates herein all the authorities and findings set forth in Ordinance 134-14 amending this chapter, and the information presented to Council through its Safety Services Committee Reports related to the enactment of that ordinance, on file with the Clerk of Council.
(Ord. 134-14. Passed 6-9-14.)