Emily Mills|Reporter
EDITOR'S NOTE:This is not the latest report about this case. Visit theupdated versionto read a responsefrom the Richland County dog warden.
MANSFIELD — City officials blasted the Richland County dog warden's office at Mansfield City Council on Tuesday night, saying the county is not enforcing the city's pit bull ban.
Council's safety committee voted to send a letter to Richland County commissioners to expressconcerns with the alleged lack of enforcement.
City Law Director John Spon said the city contributes about $350,000 to the county in dog licensing fees, but under Ohio law, the city does not see any of that money specifically used in the city.
"Idon't feel that we are getting our money's worth from Richland County in terms of the efforts or ability of the Richland County dog warden's office," Spon said.
Mansfield Mayor Tim Theaker suggested a lawsuit to get the county to release some of the city's funding of $350,000 to pay for an animal control officer in Mansfield.
"Maybe if we are not receiving the services and we can document that, maybe we can, Idon't know, Director Spon could go after a lawsuit and take it to the Supreme Court to maybe get a piece of that to offset and pay for our own," Theaker said."We are spending and paying, inside the City of Mansfield, over $350,000 for a service that we're not getting … from the dog warden."
Related: Citizens call for action from council after pit bull attack
Richland County Dog Warden Dave Jordan previously said he is not required to enforce the ban in Mansfield city limits.
Before 2009, Mansfield had a contract with the county dog warden to enforce the city's dog ordinances. But financial issues in the city forced an end to the contract, Jordan said.
"We have tried to re-initiate that contract," Theaker said. "They don't want to get into another agreement."
Theaker said the lack of interest in a new contract is because of discrepancies between the city's and state's dog laws.
Under Mansfield's city ordinance, dog breeds including American pit bull terriers, American Staffordshire terriers and Staffordshire terriers are classified as vicious dogs andbanned within city limits.
Previously: Dog owners plan pit bull meeting after attacks
The State of Ohio in 2012changed its legislation from breed-specific about pit bulls, like Mansfield's, to non-breed-specific.
Under current Ohio law, a dangerous dog is one that injures a person or kills an animal. A vicious dog is one that kills or seriously injures a person.
Jordan said the county dog warden is responsible only for enforcingstate laws, not city ordinances, and the city is responsible for enforcing its ordinances.
"That's not something that we're even mandated to do," he said.
Spon said he believes the county is not enforcing state laws.
"I'm not saying that they have a legal duty to enforce our city ordinances," Spon said. "I'm not saying they don't have the duty, but at the present time, they're not enforcing the state laws."
Under Ohio law, county dog wardens and their deputies are required only to "patrol their respective counties and seize and impound on sight all dogs found running at large and all dogs more than three months of age found not wearing a valid registration tag."
Fourth-ward Councilman Butch Jefferson and council president Phil Scott recommended the city mirror state law and switch to non-breed-specific legislation.
Scott said if changing the city's ordinances does not work, then a lawsuit could be pursued.
"I think that would eliminate one piece of the pie with the dog warden enforcing the issue," Scott said.
But Spon said he doesn't agree and suggested the city's current pit bull ban be put to the voters to determine if it stays.
"The problem is not mirroring the state statutes," Spon said. "The problem is there's no enforcement of any animal control laws in the city. None. Because we're not getting the enforcement that we're entitled to at the county level."
Take the news with you. Download the Mansfield News Journal app on the Apple App Store or Google Play .
Spon again recommended adding an animal control officer to the Mansfield Police Department.
"Our number one priority has to be the protection of our own citizens," Spon said. "Somehow, someway, we (should) try to fund and create an animal control officer."
Earlier: Animal relations officer discussion stalls
Spon said he believes the addition of a city animal control officer would ease the enforcement burdenon the county.
"All we're left with is the county dog warden, who's trying to do his job, but to cover Richland County, which is a large county, renders it next to impossible for he and one other individual to effectively fulfill their duties as according to law, let alone the duties of enforcing statewide dog and animal laws in our own city," Spon said.
Discussions of adding an animal control officer have been ongoingfor several months, but no action has been taken as the city tries to determine how a position would be funded. And city Finance Director Linn Steward previously saidshe believes no new positions should be created that are funded by the city's general fund or the safety fund.
Under Spon's proposal, the position would be funded through the safety fund, which includes the police department.
Steward's suggestion comes after the city's health insurance costs continue toincrease, which she believes will affect the ability to hire any new positions from those funds.
Related: Health insurance increases big city budget worry
But Spon said he does not agree with Steward's findings.
"I don't think it's in conflict," he said. "I think the finance director is doing her due diligence. … Ibelieve the city does have the money if it re-prioritizes what we pay for."
Theaker suggested sending the letter to the county expressing the city's concerns.
The law director's office will send the letter, on behalf of council's safety committee, which includes chairman Don Bryant and members GarnettaPender and Mike Hill,and city administration, to the county commissioners.
Spon also recommended meeting with county officials to discuss the issues.
Bryant said he will plan another safety committee meeting before the city council meeting April 18 to discuss any updates from the county.
ejmills@mansfieldnewsjournal.com
419-521-7205
Twitter: @EmilyMills818
