As Passed by the Senate 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
SENATORS SCHAFRATH-MUMPER-GAETH 9
11
A B I L L
To amend sections 955.01, 955.04, 955.05, 955.08, 13
955.09, 955.14, 955.35, and 959.99 and to enact 16
sections 9.62 and 955.012 of the Revised Code to 17
authorize the issuance without a fee of annual 18
registrations for law enforcement canines of 19
specified law enforcement agencies, to exempt 20
certain nonprofit animal shelters from having to 21
pay dog registration fees, to make changes in the 22
annual dog registration deadlines and to 24
authorize changes in dog registration fees, to 25
allow the purchase of a police dog or horse by 26
the officer to whom it is assigned, when the 28
animal is removed from duty, and to increase the 29
penalty for a violation of any of the dogfighting
provisions from a fifth degree felony to a fourth 30
degree felony.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 955.01, 955.04, 955.05, 955.08, 34
955.09, 955.14, 955.35, and 959.99 be amended and sections 9.62 37
and 955.012 of the Revised Code be enacted to read as follows: 38
Sec. 9.62. (A) AS USED IN THIS SECTION: 41
(1) "POLICE DOG OR HORSE" MEANS A DOG OR HORSE THAT HAS 43
BEEN TRAINED, AND MAY BE USED, TO ASSIST LAW ENFORCEMENT OFFICERS 45
IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
(2) "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR UNIT 48
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MADE UP OF LAW ENFORCEMENT OFFICERS AS DEFINED IN SECTION 2901.01 49
OF THE REVISED CODE.
(B) UPON THE DISBANDING OF THE CANINE OR EQUINE UNIT OF A 52
LAW ENFORCEMENT AGENCY, THE AGENCY SHALL GIVE THE LAW ENFORCEMENT 53
OFFICER TO WHOM A POLICE DOG OR HORSE IS ASSIGNED THE FIRST 54
CHANCE TO PURCHASE THE ANIMAL, FOR ONE DOLLAR. AN OFFICER WHO 55
PURCHASES AN ANIMAL UNDER THIS SECTION SHALL ASSUME ALL 56
RESPONSIBILITY FOR THE ANIMAL THEREAFTER. 57
(C) IF A POLICE DOG OR HORSE IS INJURED IN THE LINE OF 60
DUTY, BECOMES DISABLED AND IS UNFIT FOR DUTY, OR GROWS TOO OLD TO 61
BE FIT FOR DUTY, THE LAW ENFORCEMENT OFFICER TO WHOM THE ANIMAL 62
IS ASSIGNED MAY PURCHASE THE ANIMAL, FOR ONE DOLLAR. IF AN 63
OFFICER CHOOSES NOT TO PURCHASE AN ANIMAL AS AUTHORIZED BY THIS 64
DIVISION OR DIVISION (B) OF THIS SECTION, THE DISPOSITION OF THE 67
ANIMAL SHALL BE AS OTHERWISE PROVIDED BY LAW. 68
(D) A LAW ENFORCEMENT OFFICER WHO LEAVES AN EQUINE OR 71
CANINE UNIT OF A LAW ENFORCEMENT AGENCY WHILE THE POLICE DOG OR 72
HORSE ASSIGNED TO THE OFFICER IS STILL FIT FOR DUTY FORFEITS THE 73
RIGHT TO PURCHASE THE ANIMAL UNDER THIS SECTION. 74
Sec. 955.01. (A)(1) Except as otherwise provided in this 83
section or in sections 955.011, 955.012, and 955.16 of the 85
Revised Code, every person who owns, keeps, or harbors a dog more 86
than three months of age, shall FILE, on or after the first day 87
of the preceding December but before the twentieth THIRTY-FIRST 88
day of January of each year, file in the office of the county 90
auditor of the county in which the dog is kept or harbored, an 91
application for registration for the following year, beginning 92
the twentieth THIRTY-FIRST day of January of that year. The 94
board of county commissioners may, in case of an emergency BY 95
RESOLUTION, MAY extend the period for filing the application. 96
The application shall state the age, sex, color, character of 97
hair, whether short or long, AND breed, if known, OF THE DOG and 98
the name and address of the owner of the dog. A registration fee 100
of two dollars for each dog shall accompany the application, 101
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unless a greater fee has been established under division (A)(2) 102
of this section or under section 955.14 of the Revised Code. 103
(2) A board of county commissioners may establish a 105
registration fee higher than the one provided for in division 106
(A)(1) of this section for dogs more than nine months of age that 107
have not been spayed or neutered, except that the higher 108
registration fee permitted by this division shall not apply if a 109
person registering a dog furnishes with the application either a 110
certificate from a licensed veterinarian verifying that the dog 111
should not be spayed or neutered because of its age or medical 112
condition or because the dog is used or intended for use for show 113
or breeding purposes or a certificate from the owner of the dog 114
declaring that the owner holds a valid hunting license issued by 115
the division of wildlife of the department of natural resources 116
and that the dog is used or intended for use for hunting 117
purposes. If the board establishes such a fee, the application 118
for registration shall state whether the dog is spayed or 119
neutered, and whether a licensed veterinarian has certified that 120
the dog should not be spayed or neutered or the owner has stated 121
that the dog is used or intended to be used for hunting purposes. 122
The board may require a person who is registering a spayed or 123
neutered dog to furnish with the application a certificate from a 124
licensed veterinarian verifying that the dog is spayed or 125
neutered. No person shall furnish a certificate under this 126
division which he THE PERSON knows to be false. 127
(B) If the application for registration is not filed and 129
the registration fee paid, on or before the twentieth 130
THIRTY-FIRST day of January of each year or, in case of an 132
emergency IF THE BOARD OF COUNTY COMMISSIONERS BY RESOLUTION HAS 133
EXTENDED THE DATE TO A DATE LATER THAN THE THIRTY-FIRST DAY OF 134
JANUARY, the date established by the board, the auditor shall 135
assess a penalty in an amount equal to the registration fee upon 136
the owner, keeper, or harborer, which must be paid with the 137
registration fee.
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(C) AN ANIMAL SHELTER THAT KEEPS OR HARBORS A DOG MORE 139
THAN THREE MONTHS OF AGE IS EXEMPT FROM PAYING ANY FEES IMPOSED 140
UNDER DIVISION (A) OR (B) OF THIS SECTION IF IT IS A NONPROFIT 141
ORGANIZATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER 142
SUBSECTION 501(a) AND DESCRIBED IN SUBSECTION 501(c)(3) OF THE 145
"INTERNAL REVENUE CODE OF 1986," 100 STAT. 285, 26 U.S.C. 1. 146
Sec. 955.012. (A) AS USED IN THIS SECTION: 149
(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN 151
SECTION 3719.01 OF THE REVISED CODE. 153
(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 155
PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF 156
A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT 157
TOWNSHIP POLICE DISTRICT. 158
(3) "LAW ENFORCEMENT CANINE" MEANS A DOG REGULARLY 160
UTILIZED BY A LAW ENFORCEMENT AGENCY FOR GENERAL LAW ENFORCEMENT 161
PURPOSES, TRACKING, OR DETECTING THE PRESENCE OF A CONTROLLED 162
SUBSTANCE OR EXPLOSIVE.
(B) INSTEAD OF OBTAINING AN ANNUAL REGISTRATION UNDER 165
SECTION 955.01 OF THE REVISED CODE, A LAW ENFORCEMENT AGENCY 167
OWNING, KEEPING, OR HARBORING A LAW ENFORCEMENT CANINE MAY OBTAIN 168
AN ANNUAL REGISTRATION FOR THE DOG AS A LAW ENFORCEMENT CANINE 169
UNDER THIS SECTION. THE APPLICATION FOR A LAW ENFORCEMENT CANINE 170
REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE 171
COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY 172
THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT FOR 174
A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE 175
APPLICATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE 176
COUNTY IN WHICH IS LOCATED THE STATE HIGHWAY PATROL POST TO WHICH 177
THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION 178
SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF DECEMBER 179
IMMEDIATELY PRECEDING THE BEGINNING OF THE REGISTRATION YEAR AND 180
BEFORE THE THIRTY-FIRST DAY OF JANUARY OF THAT YEAR. IF THE 182
PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER DIVISION (A)(1) 183
OF SECTION 955.01 OF THE REVISED CODE IS EXTENDED IN THE COUNTY 185
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IN WHICH A LAW ENFORCEMENT CANINE IS TO BE REGISTERED, AN 187
APPLICATION FOR REGISTRATION UNDER THIS SECTION SHALL BE 188
SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE REGISTRATION 189
DEADLINE FOR THAT YEAR, AS SO EXTENDED.
THE APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT 191
CANINE SHALL STATE THE AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, 193
WHETHER SHORT OR LONG, AND BREED, IF KNOWN, OF THE DOG, THE NAME 194
AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE LAW ENFORCEMENT 195
AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE OWNER, 196
THE NAME OF THAT LAW ENFORCEMENT AGENCY. FOR A DOG OWNED, KEPT, 198
OR HARBORED BY THE POLICE DEPARTMENT OF A MUNICIPAL CORPORATION 199
OR TOWNSHIP OR BY A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT, 200
THE APPLICATION SHALL BE SIGNED BY THE CHIEF OF THE POLICE 201
DEPARTMENT OR DISTRICT. FOR A DOG OWNED, KEPT, OR HARBORED BY 202
THE OFFICE OF A COUNTY SHERIFF, THE APPLICATION SHALL BE SIGNED 203
BY THE SHERIFF. FOR A DOG OWNED, KEPT, OR HARBORED BY THE STATE 204
HIGHWAY PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN 205
CHARGE OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG 206
AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL 207
INCLUDE A CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR 208
DISTRICT, SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST, 209
AS APPLICABLE, THAT THE DOG DESCRIBED IN THE APPLICATION HAS BEEN 210
PROPERLY TRAINED TO CARRY OUT ONE OR MORE OF THE PURPOSES 211
DESCRIBED IN DIVISION (A)(3) OF THIS SECTION AND ACTUALLY IS USED 212
FOR ONE OR MORE OF THOSE PURPOSES BY THE LAW ENFORCEMENT AGENCY 213
MAKING THE APPLICATION.
NO FEE IS REQUIRED FOR ISSUANCE OF A LAW ENFORCEMENT CANINE 216
REGISTRATION. UPON PROPER PROOF OF LOSS, A DUPLICATE CERTIFICATE 217
AND TAG SHALL BE ISSUED FOR A DOG REGISTERED UNDER THIS SECTION, 218
AND NO FEE SHALL BE REQUIRED. 219
IF AN APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT 221
CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE 222
THIRTY-FIRST DAY OF JANUARY OF THE REGISTRATION YEAR, OR THE 224
EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1) 226
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OF SECTION 955.01 OF THE REVISED CODE, AS APPLICABLE, THE LAW 229
ENFORCEMENT CANINE SHALL BE REGISTERED UNDER THAT SECTION, AND 230
THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE
UNDER DIVISIONS (A) AND (B) OF THAT SECTION SHALL ACCOMPANY THE 233
APPLICATION.
(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, 235
OR HARBORER OF A LAW ENFORCEMENT CANINE OR BRINGS A LAW 236
ENFORCEMENT CANINE INTO THE STATE AFTER THE THIRTY-FIRST DAY OF 237
JANUARY OF A REGISTRATION YEAR OR THE EXTENDED REGISTRATION 239
DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 OF 240
THE REVISED CODE, AS APPLICABLE, THE LAW ENFORCEMENT AGENCY, 241
WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER
OR BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR 242
REGISTRATION OF THE DOG UNDER THIS SECTION. UPON SUBMISSION OF 243
THE APPLICATION, THE LAW ENFORCEMENT AGENCY SHALL BE ISSUED SUCH 244
A REGISTRATION IN THE MANNER PROVIDED IN DIVISION (B) OF THIS 245
SECTION. IF SUCH AN APPLICATION IS NOT FILED WITHIN THE 246
THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION
955.05 OF THE REVISED CODE, AND THE REGISTRATION FEE AND LATE 247
REGISTRATION PENALTY APPLICABLE UNDER THAT SECTION OR SECTION 248
955.06 OF THE REVISED CODE SHALL ACCOMPANY THE APPLICATION.
Sec. 955.04. Every owner of a kennel of dogs shall, in 257
like manner as provided in section 955.01 of the Revised Code, 258
make application for the registration of such kennel, and pay to 259
the county auditor a registration fee of ten dollars for each 260
such kennel, unless a greater fee has been established under 261
section 955.14 of the Revised Code. If such application is not 262
filed and the fee paid, on or before the twentieth THIRTY-FIRST 263
day of January of each year, the auditor shall assess a penalty 265
in an amount equal to the registration fee upon the owner of such 266
kennel. The payment of such kennel registration fee shall 267
entitle the licensee to not more than five tags, to bear 268
consecutive numbers and to be issued in like manner and have like 269
effect when worn by any dog owned in good faith by such licensee 270
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as the tags provided for in section 955.08 of the Revised Code. 271
Upon application to the county auditor, additional tags, in 272
excess of the five tags, may be issued upon payment of an 273
additional fee of one dollar per tag. 274
Sec. 955.05. After the twentieth THIRTY-FIRST day of 283
January of any year, except as otherwise provided in section 285
955.012 OR 955.16 of the Revised Code, every person, immediately 287
upon becoming the owner, keeper, or harborer of any dog more than 288
three months of age or brought from outside the state during any 289
year, shall file like applications, with fees, as required by 290
section 955.01 of the Revised Code, for registration for the 291
current year. If such application is not filed and the fee paid, 292
within thirty days after such dog is acquired, becomes three 293
months of age, or is brought from outside the state, the auditor 294
shall assess a penalty in an amount equal to the registration fee 295
upon such owner, keeper, or harborer, which must be paid with the 296
registration fee. 297
Every person becoming the owner of a kennel of dogs after 299
the twentieth THIRTY-FIRST day of January of any year shall file 300
like applications, with fees, as required by section 955.04 of 302
the Revised Code, for the registration of such kennel for the 303
current calendar year. If such application is not filed and the 304
fee paid within thirty days after the person becomes the owner of 305
such kennel, the auditor shall assess a penalty in an amount 306
equal to the registration fee upon the owner of such kennel. 307
Sec. 955.08. In addition to the certificate of 316
registration provided for by section 955.07 of the Revised Code, 317
the county auditor shall issue to every person making application 318
for the registration of a dog and paying the required fee 319
therefor a metal tag for each dog so registered. The form,
character, and lettering of the tag shall be prescribed by the 320
county auditor. Each year the tag shall be a color distinctive 321
from that of the previous year. If a tag is lost, a duplicate 322
shall be furnished by the auditor upon proper proof of loss and 323
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the payment of twenty-five cents for each duplicate tag issued OR 324
PAYMENT OF AN ALTERNATE FEE FOR A DUPLICATE TAG, WHICH THE BOARD 325
OF COUNTY COMMISSIONERS MAY ESTABLISH IN AN AMOUNT NOT TO EXCEED
ONE DOLLAR AND FIFTY CENTS. 326
Sec. 955.09. Certificates of registration and registration 335
tags shall be valid only during the calendar year in which they 336
are issued, and during the first twenty THIRTY-ONE days of the 337
following calendar year.
Sec. 955.14. (A) If in any year there is not sufficient 346
money in the dog and kennel fund, after paying the expenses of 347
administration, to pay the claims allowed for animals, fowl, or 348
poultry injured or destroyed by dogs, the board of county 349
commissioners shall do either or both of the following: 350
(1) Between the first and fifteenth days of October, 352
ascertain the number of claims entered and the amount of money 353
allowed for animals, fowl, or poultry injured and destroyed, the 354
total expense incurred by the administration of the dog law, and 355
the amount received as dog and kennel registration fees. The 356
fees for the ensuing year shall then be fixed at such an amount 357
that when multiplied by the number of dog and kennel 358
registrations during the previous year the product will equal the 359
aggregate of the claims for injured and destroyed animals, fowl, 360
or poultry allowed by the board, plus the balance of allowed 361
claims remaining unpaid, plus the expense of administration. Any 362
increase in fees is not subject to the four dollar and twenty 363
dollar limitations of division (B) of this section, but the 364
increase shall always be in the ratio of two dollars for a dog 365
registration fee and ten dollars for a kennel registration fee. 366
(2) Provide by resolution that all allowed claims 368
remaining unpaid shall be paid out of the general fund of the 369
county. All money paid out of the general fund for such purpose 370
shall be replaced by the board from the dog and kennel fund no 371
later than the twentieth day of February of the following year. 372
(B) Notwithstanding division (A) of this section, at any 374
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time the board of county commissioners may, by resolution, 375
increase dog and kennel registration fees in the county. 376
Registration fees established under this division shall be in the 377
ratio of two dollars for a dog registration fee and ten dollars 378
for a kennel registration fee and shall not exceed four dollars 379
for a dog registration fee and twenty dollars for a kennel 380
registration fee. NOTWITHSTANDING SECTION 955.01 OF THE REVISED 382
CODE, A BOARD OF COUNTY COMMISSIONERS BY RESOLUTION MAY INCREASE 384
DOG AND KENNEL REGISTRATION FEES IN THE COUNTY. THE AMOUNT OF 385
THE FEES SHALL NOT EXCEED AN AMOUNT THAT THE BOARD, IN ITS 386
DISCRETION, ESTIMATES IS NEEDED TO PAY ALL EXPENSES FOR THE 387
ADMINISTRATION OF THIS CHAPTER AND TO PAY CLAIMS ALLOWED FOR 388
ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS. SUCH A 389
RESOLUTION SHALL BE ADOPTED NOT EARLIER THAN THE FIRST DAY OF 391
FEBRUARY AND NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF ANY 392
YEAR AND SHALL APPLY TO THE REGISTRATION PERIOD COMMENCING ON THE 395
FIRST DAY OF DECEMBER OF THE CURRENT YEAR AND ENDING ON THE 396
THIRTY-FIRST DAY OF JANUARY OF THE FOLLOWING YEAR, UNLESS THE 398
PERIOD IS EXTENDED UNDER SECTION 955.01 OF THE REVISED CODE. ANY 400
INCREASE IN FEES ADOPTED UNDER THIS DIVISION SHALL BE IN THE 401
RATIO OF TWO DOLLARS FOR A DOG REGISTRATION FEE AND TEN DOLLARS 402
FOR A KENNEL REGISTRATION FEE. 403
(B) NOT LATER THAN THE FIFTEENTH DAY OF OCTOBER OF EACH 407
YEAR, THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE IF THERE 408
IS SUFFICIENT MONEY IN THE DOG AND KENNEL FUND, AFTER PAYING THE 409
EXPENSES OF ADMINISTRATION INCURRED OR ESTIMATED TO BE INCURRED 410
FOR THE REMAINDER OF THE YEAR, TO PAY THE CLAIMS ALLOWED FOR 411
ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS. IF THE 412
BOARD DETERMINES THERE IS NOT SUFFICIENT MONEY IN THE DOG AND 413
KENNEL FUND TO PAY THE CLAIMS ALLOWED, THE BOARD SHALL PROVIDE BY 414
RESOLUTION THAT ALL CLAIMS REMAINING UNPAID SHALL BE PAID FROM 415
THE GENERAL FUND OF THE COUNTY. ALL MONEY PAID OUT OF THE 416
GENERAL FUND FOR SUCH PURPOSES MAY BE REPLACED BY THE BOARD FROM 417
THE DOG AND KENNEL FUND AT ANY TIME DURING THE FOLLOWING YEAR 418
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NOTWITHSTANDING SECTION 5705.14 OF THE REVISED CODE. 419
(C) Notwithstanding section 955.20 of the Revised Code, if 421
dog and kennel registration fees in any county are increased 422
above two and ten dollars, respectively, under authority of 423
division (B)(A) of this section, then on or before the first day 425
of March following each year in which the increased fees are in 426
effect, the county auditor shall draw on the dog and kennel fund 427
a warrant payable to the college of veterinary medicine of the 428
Ohio state university in an amount equal to ten cents for each 429
dog and kennel registration fee received during the preceding 430
year. The money received by the college of veterinary medicine 431
of the Ohio state university under this division shall be applied 432
for research and study of the diseases of dogs, particularly 433
those transmittable to man HUMANS, and for research of other 434
diseases of dogs that by their nature will provide results 436
applicable to the prevention and treatment of both human and 437
canine illness.
(D) The Ohio state university college of veterinary 439
medicine shall be responsible to report annually to the general 440
assembly the progress of the research and study authorized and 441
funded by division (C) of this section. The report shall briefly 442
describe the research projects undertaken and assess the value of 443
each. The report shall account for funds received pursuant to 444
division (C) of this section and for the funds expended 445
attributable to each research project and for other necessary 446
expenses in conjunction with the research authorized by division 447
(C) of this section. The report shall be filed with the general 448
assembly by the first day of May of each year. 449
(E) The county auditor may authorize agents to receive 451
applications for registration of dogs and kennels and to issue 452
certificates of registration and tags. If authorized agents are 453
employed in a county, each applicant for a dog or kennel 454
registration shall pay to the agent an administrative fee of 455
seventy-five cents in addition to the registration fee. The 456
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administrative fee shall be the compensation of the agent. The 457
county auditor shall establish rules for reporting and accounting 458
by his THE agents. No administrative or similar fee shall be 459
charged in any county except as authorized by this division. 461
Sec. 955.35. The board of county commissioners, at the 470
next regular meeting after claims in accordance with sections 471
955.29 to 955.34 of the Revised Code have been submitted, shall 472
examine the same and may hear additional testimony or receive 473
additional affidavits in regard thereto and may allow the amount 474
previously certified by the dog warden or allowed by the board of 475
township trustees, or a part thereof, or any amount in addition 476
thereto, as it may find to be just, but in no event shall the 477
amount allowed exceed the lesser of five hundred dollars per 478
animal or the uninsured amount of the loss or injury. The claims 479
shall be paid out of the dog and kennel fund or out of the 480
general fund of the county, as provided in division (A)(2) of 481
section 955.14 of the Revised Code. Such claims as are allowed 482
in whole or in part shall be paid by voucher issued by the county 483
auditor five days after the approval of the board of county 484
commissioners has been entered. If the claim is to be paid out 485
of the dog and kennel fund and the funds therein are insufficient 486
to pay the claims, they shall be paid in the order allowed at the 487
close of the next calendar month in which sufficient funds are 488
available in the fund. 489
Sec. 959.99. (A) Whoever violates section 959.01, 959.18, 498
or 959.19 of the Revised Code is guilty of a minor misdemeanor. 499
(B) Except as otherwise provided in this division, whoever 502
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of the second degree. If the value of the animal 504
killed or the injury done amounts to three hundred dollars or 505
more, whoever violates section 959.02 of the Revised Code is 506
guilty of a misdemeanor of the first degree. 507
(C) Whoever violates section 959.03, 959.06, 959.12, 509
959.15, or 959.17 of the Revised Code is guilty of a misdemeanor 510
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of the fourth degree. 511
(D) Whoever violates division (A) of section 959.13 of the 513
Revised Code is guilty of a misdemeanor of the second degree. In 514
addition, the court may order the offender to forfeit the animal 515
or livestock and may provide for its disposition including, but 516
not limited to, the sale of the animal or livestock. If an 517
animal or livestock is forfeited and sold pursuant to this 518
division, the proceeds from the sale first shall be applied to 519
pay the expenses incurred with regard to the care of the animal 520
from the time it was taken from the custody of the former owner. 521
The balance of the proceeds from the sale, if any, shall be paid 522
to the former owner of the animal. 523
(E) Whoever violates section 959.14 of the Revised Code is 525
guilty of a misdemeanor of the second degree on a first offense 526
and a misdemeanor of the first degree on each subsequent offense. 527
(F) Whoever violates section 959.05 or 959.20 of the 529
Revised Code is guilty of a misdemeanor of the first degree. 530
(G) Whoever violates section 959.16 of the Revised Code is 532
guilty of a felony of the fifth FOURTH degree. 533
Section 2. That existing sections 955.01, 955.04, 955.05, 535
955.08, 955.09, 955.14, 955.35, and 959.99 of the Revised Code 537
are hereby repealed. 538