A woman came home from taking her children to school to a horrifying discovery: one of her German Shepherd puppies had been killed by another dog in the household.
Now, the incident also raises an important question under Ohio’s recently strengthened dangerous-dog law: What was supposed to happen to the dog after it killed another dog?
Lawrence County deputies responded to South Point after the owner reported that she had three dogs — two German Shepherd puppies and a Pit Bull/Shepherd mix.
She told deputies she left home to take her children to school and returned to discover that the Pit/Shepherd mix had killed one of the puppies.
The woman told the deputy she wanted the dog removed from her home, and the Lawrence County Dog Warden’s Office was contacted.
According to the sheriff’s report, a dog warden responded and discussed her options with her. She voluntarily surrendered the dog.
The report says she was told she could have the dog euthanized for $100 or could choose to have the animal returned to her. She said she would contact the dog warden after deciding what to do.
But Ohio law changed significantly earlier this year.
Avery’s Law Changed the Rules
House Bill 247, commonly known as Avery’s Law, took effect March 20. Among its changes was a significant expansion of what Ohio considers a “dangerous dog act.”
Under the current law, a dog commits a dangerous dog act if, without provocation, it kills another dog. The law also applies when a dog seriously injures another dog so badly that the injured animal must be euthanized.
That appears potentially relevant here because the deputy’s report says one dog killed another.
However, the report doesn’t say whether the dog warden determined the killing was unprovoked or formally designated the surviving dog as dangerous. That’s an important distinction, and the police report alone isn’t enough to say the law was violated.
If a dog warden or other authorized official has probable cause to believe a dog committed a dangerous-dog act, Ohio law establishes a designation process, including notice to the owner and an opportunity for the owner to challenge the designation in court.
And a dangerous-dog designation isn’t simply another name for euthanasia.
If the dog is ultimately classified as dangerous and returned to an owner, Ohio imposes substantial requirements. Among other things, dangerous dogs must be securely confined under specified conditions, and their owners must maintain at least $100,000 in liability insurance. The law also imposes additional restraint and notification requirements.
So Avery’s Law does not automatically mean that every dog that kills another dog must immediately be euthanized.
But it does mean that a dog killing another dog can now trigger Ohio’s dangerous-dog process in a way readers may not realize.
In this particular incident, the sheriff’s report ends with the owner surrendering the dog and considering whether to have it euthanized or returned. It does not document whether an Avery’s Law dangerous-dog determination was made before a possible return was discussed.
That may be the most significant unanswered question in the report.
