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

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.

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

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.

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

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.

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

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.

Pleading
City of Toledo, Appellee v. Paul Tellings, Appellant

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.

Pleading
CO - Dangerous Dog- Article 9. Offenses Against Public Peace, Order, and Decency. C. R. S. A. § 18-9-204.5; C. R. S. A. § 35-42-115 CO ST § 18-9-204.5; CO ST § 35-42-115 This Colorado statute defines a "dangerous dog" as one that has inflicted bodily or serious bodily injury upon or has caused the death of a person or domestic animal; or has demonstrated tendencies that would cause a reasonable person to believe that the dog may inflict injury upon or cause the death of any person or domestic animal; or has engaged in or been trained for animal fighting as described by statute. Owners found guilty under the provisions will be subject to misdemeanor penalties if their dogs cause bodily injury or felonies if their dogs cause the death of a person. Section 35-42-115 mandates that the bureau create a a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement by veterinarians and licensed shelters in dangerous dogs. Statute
CO - Dangerous dogs - DECRETO 380 DE 2022 DECRETO 380 DE 2022 This decree adds Chapter 10 to Title 8 of Decree 1070, 2015 (Regulatory Decree of the Defense Administrative Sector). It regulates the civil liability of owners or keepers of "special management dogs." Owners and keepers must acquire liability insurance and dogs in this category must be microchipped. Statute
CO - Dog Bite - Civil actions against dog owners. C. R. S. A. § 13-21-124 CO ST § 13-21-124 This 2005 Colorado law makes a dog owner strictly liable for dog bites only if the victim of the bite suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge or lack of knowledge of the dog's viciousness or dangerous propensities. Further, the victim is entitled to recover only economic damages (as opposed to noneconomic damages like pain and suffering, inconvenience, etc.) in a civil suit against the dog owner. Also, the statute provides that an owner is not liable where the victim is unlawfully on public or private property; where the victim is on the owner's property and the the property is clearly and conspicuously marked with one or more posted signs stating "no trespassing" or "beware of dog"; where the victim has clearly provoked the dog; where the victim is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or where the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner. Statute
CO - Dogs - Consolidated Dog Laws C. R. S. A. § 35-43-126; § 13-21-124; § 24-80-910.5; § 25-4-601 to 615; § 30-15-101 to 105; § 33-3-106; § 33-4-101.3; § 33-6-128; § 35-42.5-101; § 35-50-112 CO ST § 35-43-126; § 13-21-124; § 24-80-910.5; § 25-4-601 to 615; § 30-15-101 to 105; § 33-3-106; § 33-4-101.3; § 33-6-128; § 35-42.5-101; § 35-50-112 These Colorado statutes represent the state's dog laws. There are provisions regarding civil actions against dog owners for dog bites, rabies control, animal control and licensing, and pertinent wildlife regulations, such as a general ban on harassing wildlife and destroying dens or nests. However, there is an exception making it permissible to take wildlife when it is causing excessive damage to property. Statute
CO - Ordinances - Pet animal control and licensing C. R. S. A. § 30-15-101 CO ST § 30-15-101 This Colorado statute states that the board of county commissioners of any county may adopt a resolution for the control and licensing of dogs. These regulations may require licensing of dogs by owners, require that dogs and other pet animals be under control at all times and define "control," define "vicious dog" and "vicious animal," establish a dog pound, or other animal holding facility, provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions, and establish such other reasonable regulations and restrictions for the control of dogs and other pet animals. Statute

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