As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 219 5
1997-1998 6
REPRESENTATIVES REID-CORBIN-GARCIA-SCHULER-LUCAS-LEWIS-PRENTISS-BOYD 8
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A B I L L
To amend sections 955.01, 955.04, 955.05, 955.09, 12
955.14, and 955.35 and to enact sections 9.62 and 13
955.012 of the Revised Code to authorize the 14
issuance without a fee of annual registrations 15
for law enforcement canines of specified law 17
enforcement agencies, to make changes in the 18
annual dog registration deadlines and to 20
authorize changes in dog registration fees, and 21
to allow the purchase of a police dog or horse by 22
the officer to whom it is assigned, when the 24
animal is removed from duty. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 955.01, 955.04, 955.05, 955.09, 29
955.14, and 955.35 be amended and sections 9.62 and 955.012 of 31
the Revised Code be enacted to read as follows: 32
Sec. 9.62. (A) AS USED IN THIS SECTION: 35
(1) "POLICE DOG OR HORSE" MEANS A DOG OR HORSE THAT HAS 37
BEEN TRAINED, AND MAY BE USED, TO ASSIST LAW ENFORCEMENT OFFICERS 39
IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
(2) "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR UNIT 42
MADE UP OF LAW ENFORCEMENT OFFICERS AS DEFINED IN SECTION 2901.01 43
OF THE REVISED CODE.
(B) UPON THE DISBANDING OF THE CANINE OR EQUINE UNIT OF A 46
LAW ENFORCEMENT AGENCY, THE AGENCY SHALL GIVE THE LAW ENFORCEMENT 47
OFFICER TO WHOM A POLICE DOG OR HORSE IS ASSIGNED THE FIRST 48
CHANCE TO PURCHASE THE ANIMAL, FOR ONE DOLLAR. AN OFFICER WHO 49
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PURCHASES AN ANIMAL UNDER THIS SECTION SHALL ASSUME ALL 50
RESPONSIBILITY FOR THE ANIMAL THEREAFTER. 51
(C) IF A POLICE DOG OR HORSE IS INJURED IN THE LINE OF 54
DUTY, BECOMES DISABLED AND IS UNFIT FOR DUTY, OR GROWS TOO OLD TO 55
BE FIT FOR DUTY, THE LAW ENFORCEMENT OFFICER TO WHOM THE ANIMAL 56
IS ASSIGNED MAY PURCHASE THE ANIMAL, FOR ONE DOLLAR. IF AN 57
OFFICER CHOOSES NOT TO PURCHASE AN ANIMAL AS AUTHORIZED BY THIS 58
DIVISION OR DIVISION (B) OF THIS SECTION, THE DISPOSITION OF THE 61
ANIMAL SHALL BE AS OTHERWISE PROVIDED BY LAW. 62
(D) A LAW ENFORCEMENT OFFICER WHO LEAVES AN EQUINE OR 65
CANINE UNIT OF A LAW ENFORCEMENT AGENCY WHILE THE POLICE DOG OR 66
HORSE ASSIGNED TO THE OFFICER IS STILL FIT FOR DUTY FORFEITS THE 67
RIGHT TO PURCHASE THE ANIMAL UNDER THIS SECTION. 68
Sec. 955.01. (A)(1) Except as otherwise provided in this 77
section or in sections 955.011, 955.012, and 955.16 of the 79
Revised Code, every person who owns, keeps, or harbors a dog more 80
than three months of age, shall FILE, on or after the first day 81
of the preceding December but before the twentieth THIRTY-FIRST 82
day of January of each year, file in the office of the county 84
auditor of the county in which the dog is kept or harbored, an 85
application for registration for the following year, beginning 86
the twentieth THIRTY-FIRST day of January of that year. The 88
board of county commissioners may, in case of an emergency BY 89
RESOLUTION, MAY extend the period for filing the application. 90
The application shall state the age, sex, color, character of 91
hair, whether short or long, AND breed, if known, OF THE DOG and 92
the name and address of the owner of the dog. A registration fee 94
of two dollars for each dog shall accompany the application, 95
unless a greater fee has been established under division (A)(2) 96
of this section or under section 955.14 of the Revised Code. 97
(2) A board of county commissioners may establish a 99
registration fee higher than the one provided for in division 100
(A)(1) of this section for dogs more than nine months of age that 101
have not been spayed or neutered, except that the higher 102
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registration fee permitted by this division shall not apply if a 103
person registering a dog furnishes with the application either a 104
certificate from a licensed veterinarian verifying that the dog 105
should not be spayed or neutered because of its age or medical 106
condition or because the dog is used or intended for use for show 107
or breeding purposes or a certificate from the owner of the dog 108
declaring that the owner holds a valid hunting license issued by 109
the division of wildlife of the department of natural resources 110
and that the dog is used or intended for use for hunting 111
purposes. If the board establishes such a fee, the application 112
for registration shall state whether the dog is spayed or 113
neutered, and whether a licensed veterinarian has certified that 114
the dog should not be spayed or neutered or the owner has stated 115
that the dog is used or intended to be used for hunting purposes. 116
The board may require a person who is registering a spayed or 117
neutered dog to furnish with the application a certificate from a 118
licensed veterinarian verifying that the dog is spayed or 119
neutered. No person shall furnish a certificate under this 120
division which he THE PERSON knows to be false. 121
(B) If the application for registration is not filed and 123
the registration fee paid, on or before the twentieth 124
THIRTY-FIRST day of January of each year or, in case of an 126
emergency IF THE BOARD OF COUNTY COMMISSIONERS BY RESOLUTION HAS 127
EXTENDED THE DATE TO A DATE LATER THAN THE THIRTY-FIRST DAY OF 128
JANUARY, the date established by the board, the auditor shall 129
assess a penalty in an amount equal to the registration fee upon 130
the owner, keeper, or harborer, which must be paid with the 131
registration fee.
Sec. 955.012. (A) AS USED IN THIS SECTION: 134
(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN 136
SECTION 3719.01 OF THE REVISED CODE. 138
(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 140
PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF 141
A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT 142
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TOWNSHIP POLICE DISTRICT. 143
(3) "LAW ENFORCEMENT CANINE" MEANS A DOG REGULARLY 145
UTILIZED BY A LAW ENFORCEMENT AGENCY FOR GENERAL LAW ENFORCEMENT 146
PURPOSES, TRACKING, OR DETECTING THE PRESENCE OF A CONTROLLED 147
SUBSTANCE OR EXPLOSIVE.
(B) INSTEAD OF OBTAINING AN ANNUAL REGISTRATION UNDER 150
SECTION 955.01 OF THE REVISED CODE, A LAW ENFORCEMENT AGENCY 152
OWNING, KEEPING, OR HARBORING A LAW ENFORCEMENT CANINE MAY OBTAIN 153
AN ANNUAL REGISTRATION FOR THE DOG AS A LAW ENFORCEMENT CANINE 154
UNDER THIS SECTION. THE APPLICATION FOR A LAW ENFORCEMENT CANINE 155
REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE 156
COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY 157
THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT FOR 159
A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE 160
APPLICATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE 161
COUNTY IN WHICH IS LOCATED THE STATE HIGHWAY PATROL POST TO WHICH 162
THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION 163
SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF DECEMBER 164
IMMEDIATELY PRECEDING THE BEGINNING OF THE REGISTRATION YEAR AND 165
BEFORE THE THIRTY-FIRST DAY OF JANUARY OF THAT YEAR. IF THE 167
PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER DIVISION (A)(1) 168
OF SECTION 955.01 OF THE REVISED CODE IS EXTENDED IN THE COUNTY 170
IN WHICH A LAW ENFORCEMENT CANINE IS TO BE REGISTERED, AN 172
APPLICATION FOR REGISTRATION UNDER THIS SECTION SHALL BE 173
SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE REGISTRATION 174
DEADLINE FOR THAT YEAR, AS SO EXTENDED.
THE APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT 176
CANINE SHALL STATE THE AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, 178
WHETHER SHORT OR LONG, AND BREED, IF KNOWN, OF THE DOG, THE NAME 179
AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE LAW ENFORCEMENT 180
AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE OWNER, 181
THE NAME OF THAT LAW ENFORCEMENT AGENCY. FOR A DOG OWNED, KEPT, 183
OR HARBORED BY THE POLICE DEPARTMENT OF A MUNICIPAL CORPORATION 184
OR TOWNSHIP OR BY A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT, 185
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THE APPLICATION SHALL BE SIGNED BY THE CHIEF OF THE POLICE 186
DEPARTMENT OR DISTRICT. FOR A DOG OWNED, KEPT, OR HARBORED BY 187
THE OFFICE OF A COUNTY SHERIFF, THE APPLICATION SHALL BE SIGNED 188
BY THE SHERIFF. FOR A DOG OWNED, KEPT, OR HARBORED BY THE STATE 189
HIGHWAY PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN 190
CHARGE OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG 191
AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL 192
INCLUDE A CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR 193
DISTRICT, SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST, 194
AS APPLICABLE, THAT THE DOG DESCRIBED IN THE APPLICATION HAS BEEN 195
PROPERLY TRAINED TO CARRY OUT ONE OR MORE OF THE PURPOSES 196
DESCRIBED IN DIVISION (A)(3) OF THIS SECTION AND ACTUALLY IS USED 197
FOR ONE OR MORE OF THOSE PURPOSES BY THE LAW ENFORCEMENT AGENCY 198
MAKING THE APPLICATION.
NO FEE IS REQUIRED FOR ISSUANCE OF A LAW ENFORCEMENT CANINE 201
REGISTRATION. A CERTIFICATE AND TAG STAMPED "OHIO LAW 204
ENFORCEMENT CANINE" SHALL BE ISSUED UPON REGISTRATION OF A DOG 206
UNDER THIS SECTION. UPON PROPER PROOF OF LOSS, A DUPLICATE 207
CERTIFICATE AND TAG SHALL BE ISSUED FOR A DOG REGISTERED UNDER 208
THIS SECTION, AND NO FEE SHALL BE REQUIRED. 209
IF AN APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT 211
CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE 212
THIRTY-FIRST DAY OF JANUARY OF THE REGISTRATION YEAR, OR THE 214
EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1) 216
OF SECTION 955.01 OF THE REVISED CODE, AS APPLICABLE, THE LAW 219
ENFORCEMENT CANINE SHALL BE REGISTERED UNDER THAT SECTION, AND 220
THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE
UNDER DIVISIONS (A) AND (B) OF THAT SECTION SHALL ACCOMPANY THE 223
APPLICATION.
(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, 225
OR HARBORER OF A LAW ENFORCEMENT CANINE OR BRINGS A LAW 226
ENFORCEMENT CANINE INTO THE STATE AFTER THE THIRTY-FIRST DAY OF 227
JANUARY OF A REGISTRATION YEAR OR THE EXTENDED REGISTRATION 229
DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 OF 230
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THE REVISED CODE, AS APPLICABLE, THE LAW ENFORCEMENT AGENCY, 231
WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER
OR BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR 232
REGISTRATION OF THE DOG UNDER THIS SECTION. UPON SUBMISSION OF 233
THE APPLICATION, THE LAW ENFORCEMENT AGENCY SHALL BE ISSUED SUCH 234
A REGISTRATION IN THE MANNER PROVIDED IN DIVISION (B) OF THIS 235
SECTION. IF SUCH AN APPLICATION IS NOT FILED WITHIN THE 236
THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION
955.05 OF THE REVISED CODE, AND THE REGISTRATION FEE AND LATE 237
REGISTRATION PENALTY APPLICABLE UNDER THAT SECTION OR SECTION 238
955.06 OF THE REVISED CODE SHALL ACCOMPANY THE APPLICATION.
Sec. 955.04. Every owner of a kennel of dogs shall, in 247
like manner as provided in section 955.01 of the Revised Code, 248
make application for the registration of such kennel, and pay to 249
the county auditor a registration fee of ten dollars for each 250
such kennel, unless a greater fee has been established under 251
section 955.14 of the Revised Code. If such application is not 252
filed and the fee paid, on or before the twentieth THIRTY-FIRST 253
day of January of each year, the auditor shall assess a penalty 255
in an amount equal to the registration fee upon the owner of such 256
kennel. The payment of such kennel registration fee shall 257
entitle the licensee to not more than five tags, to bear 258
consecutive numbers and to be issued in like manner and have like 259
effect when worn by any dog owned in good faith by such licensee 260
as the tags provided for in section 955.08 of the Revised Code. 261
Upon application to the county auditor, additional tags, in 262
excess of the five tags, may be issued upon payment of an 263
additional fee of one dollar per tag. 264
Sec. 955.05. After the twentieth THIRTY-FIRST day of 273
January of any year, except as otherwise provided in section 275
955.012 OR 955.16 of the Revised Code, every person, immediately 277
upon becoming the owner, keeper, or harborer of any dog more than 278
three months of age or brought from outside the state during any 279
year, shall file like applications, with fees, as required by 280
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section 955.01 of the Revised Code, for registration for the 281
current year. If such application is not filed and the fee paid, 282
within thirty days after such dog is acquired, becomes three 283
months of age, or is brought from outside the state, the auditor 284
shall assess a penalty in an amount equal to the registration fee 285
upon such owner, keeper, or harborer, which must be paid with the 286
registration fee. 287
Every person becoming the owner of a kennel of dogs after 289
the twentieth THIRTY-FIRST day of January of any year shall file 290
like applications, with fees, as required by section 955.04 of 292
the Revised Code, for the registration of such kennel for the 293
current calendar year. If such application is not filed and the 294
fee paid within thirty days after the person becomes the owner of 295
such kennel, the auditor shall assess a penalty in an amount 296
equal to the registration fee upon the owner of such kennel. 297
Sec. 955.09. Certificates of registration and registration 306
tags shall be valid only during the calendar year in which they 307
are issued, and during the first twenty THIRTY-ONE days of the 308
following calendar year.
Sec. 955.14. (A) If in any year there is not sufficient 317
money in the dog and kennel fund, after paying the expenses of 318
administration, to pay the claims allowed for animals, fowl, or 319
poultry injured or destroyed by dogs, the board of county 320
commissioners shall do either or both of the following: 321
(1) Between the first and fifteenth days of October, 323
ascertain the number of claims entered and the amount of money 324
allowed for animals, fowl, or poultry injured and destroyed, the 325
total expense incurred by the administration of the dog law, and 326
the amount received as dog and kennel registration fees. The 327
fees for the ensuing year shall then be fixed at such an amount 328
that when multiplied by the number of dog and kennel 329
registrations during the previous year the product will equal the 330
aggregate of the claims for injured and destroyed animals, fowl, 331
or poultry allowed by the board, plus the balance of allowed 332
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claims remaining unpaid, plus the expense of administration. Any 333
increase in fees is not subject to the four dollar and twenty 334
dollar limitations of division (B) of this section, but the 335
increase shall always be in the ratio of two dollars for a dog 336
registration fee and ten dollars for a kennel registration fee. 337
(2) Provide by resolution that all allowed claims 339
remaining unpaid shall be paid out of the general fund of the 340
county. All money paid out of the general fund for such purpose 341
shall be replaced by the board from the dog and kennel fund no 342
later than the twentieth day of February of the following year. 343
(B) Notwithstanding division (A) of this section, at any 345
time the board of county commissioners may, by resolution, 346
increase dog and kennel registration fees in the county. 347
Registration fees established under this division shall be in the 348
ratio of two dollars for a dog registration fee and ten dollars 349
for a kennel registration fee and shall not exceed four dollars 350
for a dog registration fee and twenty dollars for a kennel 351
registration fee. NOTWITHSTANDING SECTION 955.01 OF THE REVISED 353
CODE, A BOARD OF COUNTY COMMISSIONERS BY RESOLUTION MAY INCREASE 355
DOG AND KENNEL REGISTRATION FEES IN THE COUNTY. THE AMOUNT OF 356
THE FEES SHALL NOT EXCEED AN AMOUNT THAT THE BOARD, IN ITS 357
DISCRETION, ESTIMATES IS NEEDED TO PAY ALL EXPENSES FOR THE 358
ADMINISTRATION OF THIS CHAPTER AND TO PAY CLAIMS ALLOWED FOR 359
ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS. SUCH A 360
RESOLUTION SHALL BE ADOPTED NOT EARLIER THAN THE FIRST DAY OF 362
FEBRUARY AND NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF ANY 363
YEAR AND SHALL APPLY TO THE REGISTRATION PERIOD COMMENCING ON THE 366
FIRST DAY OF DECEMBER OF THE CURRENT YEAR AND ENDING ON THE 367
THIRTY-FIRST DAY OF JANUARY OF THE FOLLOWING YEAR, UNLESS THE 369
PERIOD IS EXTENDED UNDER SECTION 955.01 OF THE REVISED CODE. ANY 371
INCREASE IN FEES ADOPTED UNDER THIS DIVISION SHALL BE IN THE 372
RATIO OF TWO DOLLARS FOR A DOG REGISTRATION FEE AND TEN DOLLARS 373
FOR A KENNEL REGISTRATION FEE. 374
(B) NOT LATER THAN THE FIFTEENTH DAY OF OCTOBER OF EACH 378
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YEAR, THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE IF THERE 379
IS SUFFICIENT MONEY IN THE DOG AND KENNEL FUND, AFTER PAYING THE 380
EXPENSES OF ADMINISTRATION INCURRED OR ESTIMATED TO BE INCURRED 381
FOR THE REMAINDER OF THE YEAR, TO PAY THE CLAIMS ALLOWED FOR 382
ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS. IF THE 383
BOARD DETERMINES THERE IS NOT SUFFICIENT MONEY IN THE DOG AND 384
KENNEL FUND TO PAY THE CLAIMS ALLOWED, THE BOARD SHALL PROVIDE BY 385
RESOLUTION THAT ALL CLAIMS REMAINING UNPAID SHALL BE PAID FROM 386
THE GENERAL FUND OF THE COUNTY. ALL MONEY PAID OUT OF THE 387
GENERAL FUND FOR SUCH PURPOSES MAY BE REPLACED BY THE BOARD FROM 388
THE DOG AND KENNEL FUND AT ANY TIME DURING THE FOLLOWING YEAR. 389
(C) Notwithstanding section 955.20 of the Revised Code, if 391
dog and kennel registration fees in any county are increased 392
above two and ten dollars, respectively, under authority of 393
division (B) of this section, then on or before the first day of 394
March following each year in which the increased fees are in 395
effect, the county auditor shall draw on the dog and kennel fund 396
a warrant payable to the college of veterinary medicine of the 397
Ohio state university in an amount equal to ten cents for each 398
dog and kennel registration fee received during the preceding 399
year. The money received by the college of veterinary medicine 400
of the Ohio state university under this division shall be applied 401
for research and study of the diseases of dogs, particularly 402
those transmittable to man HUMANS, and for research of other 403
diseases of dogs that by their nature will provide results 405
applicable to the prevention and treatment of both human and 406
canine illness.
(D) The Ohio state university college of veterinary 408
medicine shall be responsible to report annually to the general 409
assembly the progress of the research and study authorized and 410
funded by division (C) of this section. The report shall briefly 411
describe the research projects undertaken and assess the value of 412
each. The report shall account for funds received pursuant to 413
division (C) of this section and for the funds expended 414
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attributable to each research project and for other necessary 415
expenses in conjunction with the research authorized by division 416
(C) of this section. The report shall be filed with the general 417
assembly by the first day of May of each year. 418
(E) The county auditor may authorize agents to receive 420
applications for registration of dogs and kennels and to issue 421
certificates of registration and tags. If authorized agents are 422
employed in a county, each applicant for a dog or kennel 423
registration shall pay to the agent an administrative fee of 424
seventy-five cents in addition to the registration fee. The 425
administrative fee shall be the compensation of the agent. The 426
county auditor shall establish rules for reporting and accounting 427
by his THE agents. No administrative or similar fee shall be 428
charged in any county except as authorized by this division. 430
Sec. 955.35. The board of county commissioners, at the 439
next regular meeting after claims in accordance with sections 440
955.29 to 955.34 of the Revised Code have been submitted, shall 441
examine the same and may hear additional testimony or receive 442
additional affidavits in regard thereto and may allow the amount 443
previously certified by the dog warden or allowed by the board of 444
township trustees, or a part thereof, or any amount in addition 445
thereto, as it may find to be just, but in no event shall the 446
amount allowed exceed the lesser of five hundred dollars per 447
animal or the uninsured amount of the loss or injury. The claims 448
shall be paid out of the dog and kennel fund or out of the 449
general fund of the county, as provided in division (A)(2) of 450
section 955.14 of the Revised Code. Such claims as are allowed 451
in whole or in part shall be paid by voucher issued by the county 452
auditor five days after the approval of the board of county 453
commissioners has been entered. If the claim is to be paid out 454
of the dog and kennel fund and the funds therein are insufficient 455
to pay the claims, they shall be paid in the order allowed at the 456
close of the next calendar month in which sufficient funds are 457
available in the fund. 458
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Section 2. That existing sections 955.01, 955.04, 955.05, 460
955.09, 955.14, and 955.35 of the Revised Code are hereby 462
repealed.