As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 350 5
1999-2000 6
REPRESENTATIVES OLMAN-PERRY-ALLEN-OPFER-EVANS-VESPER- 8
PATTON-FORD-BRITTON-VERICH 9
_________________________________________________________________ 10
A B I L L
To amend sections 955.22, 955.99, and 2923.11 of the 12
Revised Code to prohibit debarking or surgically 13
silencing a vicious dog, to prohibit the
possession of a debarked or surgically silenced 14
vicious dog, and to stipulate that a vicious dog 15
that has been debarked or surgically silenced is
a deadly weapon.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 955.22, 955.99, and 2923.11 of 19
the Revised Code be amended to read as follows: 20
Sec. 955.22. (A) As used in this section, "dangerous dog" 29
and "vicious dog" have the same meanings as in section 955.11 of 30
the Revised Code. 31
(B) No owner, keeper, or harborer of any female dog shall 33
permit it to go beyond the premises of the owner, keeper, or 34
harborer at any time the dog is in heat, unless the dog is 35
properly in leash. 36
(C) No owner, keeper, or harborer of any dog shall fail at 38
any time to keep it either physically confined or restrained upon 39
the premises of the owner, keeper, or harborer by a leash, 40
tether, adequate fence, supervision, or secure enclosure to 41
prevent escape, or under reasonable control of some person, 42
except when the dog is lawfully engaged in hunting accompanied by 43
the owner, keeper, or harborer or a handler. 44
(D) No owner, keeper, or harborer of a dangerous or 46
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vicious dog shall fail to do either of the following, except when 47
the dog is lawfully engaged in hunting or training for the 48
purpose of hunting, accompanied by the owner, keeper, OR 50
harborer, or a handler: 51
(1) While that dog is on the premises of the owner, 53
keeper, or harborer, securely confine it at all times in a locked 54
pen which THAT has a top, locked fenced yard, or other locked 55
enclosure which THAT has a top, except that a dangerous dog may, 56
in the alternative, be tied with a leash or tether so that the 58
dog is adequately restrained; 59
(2) While that dog is off the premises of the owner, 61
keeper, or harborer, keep it on a chain-link leash or tether that 62
is not more than six feet in length and additionally do at least 63
one of the following: 64
(a) Keep that dog in a locked pen which THAT has a top, 66
locked fenced yard, or other locked enclosure which THAT has a 67
top;
(b) Have the leash or tether controlled by a person who is 69
of suitable age and discretion or securely attach, tie, or affix 70
the leash or tether to the ground or a stationary object or 71
fixture so that the dog is adequately restrained and station such 72
a person in close enough proximity to that dog so as to prevent 73
it from causing injury to any person; 74
(c) Muzzle that dog. 76
(E) No owner, keeper, or harborer of a vicious dog shall 78
fail to obtain liability insurance with an insurer authorized to 79
write liability insurance in this state providing coverage in 80
each occurrence, subject to a limit, exclusive of interest and 81
costs, of not less than fifty thousand dollars because of damage 82
or bodily injury to or death of a person caused by the vicious 83
dog. 84
(F) NO PERSON SHALL DO EITHER OF THE FOLLOWING: 86
(1) DEBARK OR SURGICALLY SILENCE A VICIOUS DOG; 88
(2) POSSESS A VICIOUS DOG IF THE PERSON KNOWS OR HAS 90
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REASON TO BELIEVE THAT THE DOG HAS BEEN DEBARKED OR SURGICALLY 91
SILENCED.
Sec. 955.99. (A)(1) Whoever violates division (E) of 100
section 955.11 of the Revised Code because of a failure to comply 101
with division (B) of that section is guilty of a minor 102
misdemeanor. 103
(2) Whoever violates division (E) of section 955.11 of the 105
Revised Code because of a failure to comply with division (C) or 106
(D) of that section is guilty of a minor misdemeanor on a first 107
offense and of a misdemeanor of the fourth degree on each 108
subsequent offense. 109
(B) Whoever violates section 955.10, 955.23, 955.24, or 111
955.25 of the Revised Code is guilty of a minor misdemeanor. 112
(C) Whoever violates section 955.261, 955.39, or 955.50 of 114
the Revised Code is guilty of a minor misdemeanor on a first 115
offense and of a misdemeanor of the fourth degree on each 116
subsequent offense. 117
(D) Whoever violates division (F) of section 955.16 or 119
division (B) of section 955.43 of the Revised Code is guilty of a 120
misdemeanor of the fourth degree. 121
(E)(1) Whoever violates section 955.21 or division (B) or 123
(C) of section 955.22 of the Revised Code shall be fined not less 124
than twenty-five dollars or more than one hundred dollars on a 125
first offense, and on each subsequent offense shall be fined not 126
less than seventy-five dollars or more than two hundred fifty 127
dollars and may be imprisoned for not more than thirty days. 128
(2) In addition to the penalties prescribed in division 130
(E)(1) of this section, if the offender is guilty of a violation 131
of division (B) or (C) of section 955.22 of the Revised Code, the 132
court may order the offender to personally supervise the dog that 133
he THE OFFENDER owns, keeps, or harbors, to cause that dog to 134
complete dog obedience training, or to do both. 135
(F) If a violation of division (D) of section 955.22 of 137
the Revised Code involves a dangerous dog, whoever violates that 138
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division is guilty of a misdemeanor of the fourth degree on a 139
first offense and of a misdemeanor of the third degree on each 140
subsequent offense. Additionally, the court may order the 141
offender to personally supervise the dangerous dog that he THE 142
OFFENDER owns, keeps, or harbors, to cause that dog to complete 143
dog obedience training, or to do both, and the court may order 144
the offender to obtain liability insurance pursuant to division 145
(E) of section 955.22 of the Revised Code. The court, in the 146
alternative, may order the dangerous dog to be humanely destroyed 147
by a licensed veterinarian, the county dog warden, or the county 148
humane society. 149
(G) If a violation of division (D) of section 955.22 of 151
the Revised Code involves a vicious dog, whoever violates that 152
division is guilty of one of the following: 153
(1) A felony of the fourth degree on a first or subsequent 155
offense if the dog kills or seriously injures a person. 156
Additionally, the court shall order that the vicious dog be 157
humanely destroyed by a licensed veterinarian, the county dog 158
warden, or the county humane society. 159
(2) A misdemeanor of the first degree on a first offense 161
and a felony of the fourth degree on each subsequent offense. 162
Additionally, the court may order the vicious dog to be humanely 163
destroyed by a licensed veterinarian, the county dog warden, or 164
the county humane society. 165
(3) A misdemeanor of the first degree if the dog causes 167
injury, other than killing or serious injury, to any person. 168
(H) Whoever violates division (A)(2) of section 955.01 or 170
division (E) of section 955.22 of the Revised Code is guilty of a 171
misdemeanor of the first degree. 172
(I) Whoever violates division (C) of section 955.221 of 174
the Revised Code is guilty of a minor misdemeanor. Each day of 175
continued violation of division (C) of section 955.221 of the 176
Revised Code constitutes a separate offense. Fines levied and 177
collected for violations of THAT division (C) of section 955.221 178
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of the Revised Code shall be distributed by the mayor or clerk of 179
the municipal or county court in accordance with section 733.40, 180
division (F) of section 1901.31, or division (C) of section 181
1907.20 of the Revised Code to the treasury of the county, 182
township, or municipal corporation whose resolution or ordinance 183
was violated. 184
(J) WHOEVER VIOLATES DIVISION (F)(1) OR (2) OF SECTION 186
955.22 OF THE REVISED CODE IS GUILTY OF A FELONY OF THE FOURTH 187
DEGREE.
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of 196
the Revised Code: 197
(A) "Deadly weapon" means any instrument, device, or thing 199
capable of inflicting death, and designed or specially adapted 200
for use as a weapon, or possessed, carried, or used as a weapon 201
OR A VICIOUS DOG AS DEFINED IN SECTION 955.11 OF THE REVISED CODE 202
THAT HAS BEEN DEBARKED OR SURGICALLY SILENCED. 203
(B)(1) "Firearm" means any deadly weapon capable of 205
expelling or propelling one or more projectiles by the action of 206
an explosive or combustible propellant. "Firearm" includes an 207
unloaded firearm, and any firearm that is inoperable but that can 209
readily be rendered operable.
(2) When determining whether a firearm is capable of 211
expelling or propelling one or more projectiles by the action of 212
an explosive or combustible propellant, the trier of fact may 213
rely upon circumstantial evidence, including, but not limited to, 214
the representations and actions of the individual exercising 215
control over the firearm. 216
(C) "Handgun" means any firearm designed to be fired while 218
being held in one hand. 219
(D) "Semi-automatic firearm" means any firearm designed or 221
specially adapted to fire a single cartridge and automatically 222
chamber a succeeding cartridge ready to fire, with a single 223
function of the trigger. 224
(E) "Automatic firearm" means any firearm designed or 226
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specially adapted to fire a succession of cartridges with a 227
single function of the trigger. "Automatic firearm" also means 228
any semi-automatic firearm designed or specially adapted to fire 229
more than thirty-one cartridges without reloading, other than a 230
firearm chambering only .22 caliber short, long, or long-rifle 231
cartridges. 232
(F) "Sawed-off firearm" means a shotgun with a barrel less 234
than eighteen inches long, or a rifle with a barrel less than 235
sixteen inches long, or a shotgun or rifle less than twenty-six 236
inches long overall. 237
(G) "Zip-gun" means any of the following: 239
(1) Any firearm of crude and extemporized manufacture; 241
(2) Any device, including, without limitation, a starter's 243
pistol, that is not designed as a firearm, but that is specially 245
adapted for use as a firearm; 246
(3) Any industrial tool, signalling device, or safety 248
device, that is not designed as a firearm, but that as designed 250
is capable of use as such, when possessed, carried, or used as a 251
firearm. 252
(H) "Explosive device" means any device designed or 254
specially adapted to cause physical harm to persons or property 255
by means of an explosion, and consisting of an explosive 256
substance or agency and a means to detonate it. "Explosive 257
device" includes, without limitation, any bomb, any explosive 258
demolition device, any blasting cap or detonator containing an 259
explosive charge, and any pressure vessel that has been knowingly 261
tampered with or arranged so as to explode.
(I) "Incendiary device" means any firebomb, and any device 263
designed or specially adapted to cause physical harm to persons 264
or property by means of fire, and consisting of an incendiary 265
substance or agency and a means to ignite it. 266
(J) "Ballistic knife" means a knife with a detachable 268
blade that is propelled by a spring-operated mechanism. 269
(K) "Dangerous ordnance" means any of the following, 271
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except as provided in division (L) of this section: 272
(1) Any automatic or sawed-off firearm, zip-gun, or 274
ballistic knife; 275
(2) Any explosive device or incendiary device; 277
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, 279
cyclonite, TNT, picric acid, and other high explosives; amatol, 281
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high 282
explosive compositions; plastic explosives; dynamite, blasting 283
gelatin, gelatin dynamite, sensitized ammonium nitrate, 284
liquid-oxygen blasting explosives, blasting powder, and other 285
blasting agents; and any other explosive substance having 286
sufficient brisance or power to be particularly suitable for use 287
as a military explosive, or for use in mining, quarrying, 288
excavating, or demolitions; 289
(4) Any firearm, rocket launcher, mortar, artillery piece, 291
grenade, mine, bomb, torpedo, or similar weapon, designed and 292
manufactured for military purposes, and the ammunition for that 293
weapon; 294
(5) Any firearm muffler or silencer; 296
(6) Any combination of parts that is intended by the owner 298
for use in converting any firearm or other device into a 299
dangerous ordnance. 300
(L) "Dangerous ordnance" does not include any of the 302
following: 303
(1) Any firearm, including a military weapon and the 305
ammunition for that weapon, and regardless of its actual age, 306
that employs a percussion cap or other obsolete ignition system, 308
or that is designed and safe for use only with black powder; 309
(2) Any pistol, rifle, or shotgun, designed or suitable 311
for sporting purposes, including a military weapon as issued or 312
as modified, and the ammunition for that weapon, unless the 313
firearm is an automatic or sawed-off firearm; 314
(3) Any cannon or other artillery piece that, regardless 316
of its actual age, is of a type in accepted use prior to 1887, 317
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has no mechanical, hydraulic, pneumatic, or other system for 318
absorbing recoil and returning the tube into battery without 319
displacing the carriage, and is designed and safe for use only 320
with black powder; 321
(4) Black powder, priming quills, and percussion caps 323
possessed and lawfully used to fire a cannon of a type defined in 324
division (L)(3) of this section during displays, celebrations, 325
organized matches or shoots, and target practice, and smokeless 326
and black powder, primers, and percussion caps possessed and 327
lawfully used as a propellant or ignition device in small-arms or 328
small-arms ammunition; 329
(5) Dangerous ordnance that is inoperable or inert and 331
cannot readily be rendered operable or activated, and that is 332
kept as a trophy, souvenir, curio, or museum piece.; 333
(6) Any device that is expressly excepted from the 335
definition of a destructive device pursuant to the "Gun Control 336
Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and 337
regulations issued under that act. 338
(M) "Explosive" means any chemical compound, mixture, or 341
device, the primary or common purpose of which is to function by 342
explosion. "Explosive" includes all materials that have been 343
classified as class A, class B, or class C explosives by the 344
United States department of transportation in its regulations and 346
includes, but is not limited to, dynamite, black powder, pellet
powders, initiating explosives, blasting caps, electric blasting 347
caps, safety fuses, fuse igniters, squibs, cordeau detonant 348
fuses, instantaneous fuses, and igniter cords and igniters. 350
"Explosive" does not include "fireworks," as defined in section 351
3743.01 of the Revised Code, or any explosive that is not subject
to regulation under the rules of the fire marshal adopted 352
pursuant to section 3737.82 of the Revised Code. 353
Section 2. That existing sections 955.22, 955.99, and 355
2923.11 of the Revised Code are hereby repealed. 356