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Dog owner faces judge

Dog owner faces judge

Pets held on running at large, immunization charge

The Toledo man whose challenge to the city's dog ordinance resulted in the repeal of breed-specific rules is back in court facing dog-related citations.

The Lucas County Dog Warden's Office confiscated Hugh Smith's four dogs Wednesday and will hold them until further notice from the court, according to the warden's impounding record.

Mr. Smith's dogs include two Cane Corsos and two mastiff mixes.

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Dog Warden Julie Lyle declined to comment on the case. Mr. Smith could not be reached for comment. His previous attorney, Kristi Haude of Cleveland, did not respond to a request for comment.

Mr. Smith, 1340 Palmetto Ave., was cited Jan. 12 by Deputy Dog Warden Ann Connolly for failing to immunize against rabies both the male and female Cane Corsos. He was also cited for allowing the two dogs to run at large. They were discovered at 1345 Thatcher Dr., around the corner from his house, according to the citation.

Municipal Court Judge Michael Goulding issued an order April 12 authorizing the dog warden to seize and confine the dogs pending trial, which is set for May 14.

One of the dogs, the male Cane Corso, has sores on its legs, possibly from lying on cement, according to the warden's impounding record. One mastiff has a lump on the right side of its face.

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Mr. Smith was charged with 13 violations of the city's dog laws in October, 2010. That month, the dog warden's office seized what it deemed to be three "pit bull"-type dogs from Mr. Smith's home after one of them got into a fight with another dog as Mr. Smith was taking his three for a walk.

The warden initially refused to give back Mr. Smith's dogs and cited him for having unmuzzled, uninsured, and improperly confined "pit bulls" as well as two too many "pit bulls." Mr. Smith's attorneys claimed his dogs were in fact Cane Corsos -- not "pit bulls" -- and argued that the city's vicious dog ordinance was unconstitutional anyway.

Judge Goulding in January, 2011, dismissed 10 of the charges against Mr. Smith, asserting that the city's muzzle requirement and one-only limit for "pit bulls" were unconstitutional as they conflicted with home-rule doctrine.

The city subsequently revised the laws to take out breed-specific initiatives, instead focusing the rules on behavior.

Contact Tanya Irwin at: tirwin@theblade.com or 419-724-6066.

First Published April 28, 2012, 6:23 a.m.

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