City of Akron v. Smith

I agree that the municipal judge erred by refusing to order the removal of the pit bull from city limits. In my view, however, the court was justified in allowing Smith to perform community services as an alternative to paying the $500 fine.

By designating the penalty as “nonsuspendable,” the Akron City Council clearly rendered ACO 130.16(C) inapplicable. Be that as it may, the municipal judge was still free to invoke the analogous Ohio law. That provision declares:

“At the time of sentencing and after sentencing, when a fine is imposed, the court may:

“(1) Suspend all or any portion of the…