City of Dayton v. McLaughlin

Defendant-appellant, Chuck McLaughlin, appeals from his convictions and sentences for violating Sections 91.50(A)(5) and 91.50(B) of the city of Dayton Revised Code of General Ordinances (“R.C.G.O.”). These sections pertain to an owner permitting a dog to bite another, and an owner keeping a vicious dog, respectively. With respect to the first charge, McLaughlin had interposed an affirmative defense based upon the victim’s having been unlawfully on his property. McLaughlin claims that the trial court erred when it rejected his affirmative defense, holding that the victim was not unlawfully…