Sue Kiesewetter

Special to The Cincinnati Enquirer USA TODAY NETWORK

FAIRFIELD – The ban on pit bull dogs will remain in this city – at least for now.

A divided council on Tuesday rejected an update to the city’s animal ordinance that would have reversed the ban on pit bull dogs in place since 2006, require liability insurance for all pet owners, and strengthened penalties against irresponsible pet owners.

But one council member who voted against the changes says he wants voters to decide the matter.

Councilman Tim Abbott joined council members Craig Keller, Debbie Pennington and Ron D’Epifanio in rejecting the updates to the law.

Council members Chad Oberson, Bill Woeste and Leslie Besl voted in favor of the changes.

“It’s a very volatile issue,’’ Abbott said. “I will advocate to find a way to put it on the ballot.”

Abbott said he has no timetable yet to put the issue before the public.

“We need to take a step back, gather our thoughts and discuss this again at a future meeting,’’ Abbott said.

Changes in state law in 2012 removed language that permitted banning breed specific dogs. Since then some Ohio courts have ruled against communities that ban dogs banned on their breed.

Related:Fight between two women at Fairfield dog park caught on video

City manager Mark Wendling called it an “unsettled” law since the Ohio Supreme Court has not yet heard such a case. Neither has the Butler County-based 12th District Court of Appeals, so it is uncertain what would happen if Fairfield were sued for banning pit bulls.

Over the last few months members of the community have spoken out against the insurance portion of the proposed changes and have been split on removing the ban on pit bull dogs.

“I disagree with the insurance part but I totally appreciate repealing the ban,’’ added Kathy Hartung, with Joseph’s Legacy, a Middletown-based, animal rescue group.

“I’m not in favor of them lifting the ban on pit bulls,’’ said Judy Abbott, no relation to councilman Abbott. “I still think they have a mean streak.”

Oberson said the proposed changes would have put the responsibility on the owners – where he believes it belongs.

“It is a harsher rule. It is even more demanding of pet owners,’’ Oberson said.

“This puts it all on the (owner). If you’ve got a problem dog, you’ve got a problem dog.”

D’Epifanio and Woeste both presented statistics on dog bites from different sources that seemed to contradict one another, but D’Epifanio was adamant about keeping the ban on pit bull dogs.

“Pit bulls – when they bite – are not a nuisance bite,’’ he said. “They bite to kill.”

Woeste said about 98% of Ohio cities have breed neutral dog laws.

“Either we’re right or 98% are right,’’ Woeste said.