A bill introduced in Columbus on Monday seeks tighter controls on state vicious dog laws, including a statewide registry and harsher criminal penalties.
State Reps. Terry Blair, R-Washington Twp., and Roland Winburn, D-Dayton, introduced House Bill 541. The proposed legislation follows months of meetings with local officials after the death of Klonda Richey, the 57-year-old Dayton woman was mauled by two mixed-breed mastiffs outside of her home at 31 E. Bruce Ave. on the morning of Feb. 7.
Andrew Nason, 29, and Julie Custer, 26, her neighbors who lived at 35 E. Bruce Ave., owned the dogs. When police responded to Richey's home on the report of a naked body outside, the dogs charged them. Officers shot and killed the dogs.
Richey had complained multiple times about her neighbors and their dogs.Thirteen complaints were filed with the Animal Resource Center and another 46 calls were made to the Montgomery County Regional Dispatch Center related to the Nason-Custer home between December 2011 and Richey's death.
Some of the Animal Resource Center calls were anonymous but 23 of the calls to the dispatch center were from Richey or associated with her phone number. She also sought a civil stalking protection order against Nason but ultimately was denied in April 2013.
To date, no charges have been filed stemming from Richey's death. The Montgomery County Prosecutor's Office said they will present the case to a grand jury. Earlier this month, a civil wrongful death suit was filed by Richey's estate against Nason and Custer.
The proposed legislation would revise state law on vicious and dangerous dogs to do the following:
* Require the destruction of dogs that kill humans or companion animals;
* Require investigators to notify the dog's owner that there has been a complaint, even if no citation is issued for a violation;
* Mandate that the dog owner respond within 48 hours of receiving notice of a complaint or be fined $25. If the owner fails to respond within seven days, a court may issue an arrest warrant for the dog owner;
* And, require the owner to keep a dog leashed or penned regardless of whether the dog is on the owner's property.
The bill also would allow owners accused of violating the dog law to assert in their defense that the dog was teased, tormented or abused by a person or that the dog attacked while the person was trespassing or committing some other criminal act on the dog owner's property.
Dayton Mayor Nan Whaley said city officials gave lawmakers suggestions on how the state law could be improved but she has yet to read HB 541. It appears that elements suggested by city officials are included in the bill, such as requiring the animal owner to respond to any warning or notice posted where the dog resides.
The state constitution does not allow municipalities to enact laws with a penalty more stringent than a misdemeanor, so stronger state laws are needed, Dayton officials said in February.
Cathy Petersen, spokeswoman for Montgomery County, said Animal Resource Center Director Mark Kumpf has not seen the legislation and cannot comment because the Richey case is before a grand jury.
