Legal Question in Criminal Law in Ohio

Ohio Revised Code 955.22

On the morning of may the 24th there was storm that blew down a section of my 6' privacy fence.

This fence was put up to contain 3 siberian husky's.

When the section was blowed down they took off on a journey through englewood ohio, and ended up in union, a few miles north of me.

All morning we searched, called the police to let them know they were out, and did everything we could think of to find them.

We got a call around noon from the clayton police stating they found 2 huskies and wanted us to come ID them.

We pulled up and found that they had gotten into a farmers fence and killed 25 different types of fowl.

I waited around for the owner and we agreed that I would pay 100 dollars for his loss, which was recipted and signed.

I was cited by the city for failing to confine or control my dogs. (only 2 of the dogs kept going, the 3rd came home)

My questions is since I did everything I could and could be expected to do to confine my dogs, should I be prosecuted or this, since I am not a weather person, nor am I able to judge where, and how hard the wind blows, and if it is strong enough to blow down a section of my fence?

The fence is only 2 years old.

I have to appear in court on the 4th for this


Asked on 5/25/04, 11:05 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Ohio Revised Code 955.22

As a general rule the law requires that you take appropriate steps to maintain control over your dogs. It sounds to me like you did just that. Some Judges will allow you to explain the circumstances if you enter a no contest plea, others will automatically find you guilty on a no contest plea. If you have any doubts about what to do, I would suggest you contact an attorney in your local area.

Read more
Answered on 5/28/04, 11:23 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio