As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 350 5
1999-2000 6
REPRESENTATIVES OLMAN-PERRY-ALLEN-OPFER-EVANS-VESPER- 8
PATTON-FORD-BRITTON-VERICH-WILLAMOWSKI-GOODMAN- 9
DePIERO-JERSE-MYERS-CALLENDER-CALVERT-DAMSCHRODER- 10
METTLER-TIBERI-FLANNERY-REDFERN-HARRIS-STEVENS- 11
HARTNETT-HEALY-HOOPS-KRUPINSKI-GERBERRY-BOYD- 13
J. BEATTY-METELSKY-SULZER-KREBS-ROBINSON-
FERDERBER-STAPLETON-DISTEL-NETZLEY-BENDER- 14
JOLIVETTE-TERWILLEGER-BARNES-SMITH-JONES 15
_________________________________________________________________ 16
A B I L L
To amend sections 955.22, 955.99, and 959.99 of the 18
Revised Code to prohibit debarking or surgically 19
silencing a vicious dog, to prohibit the
possession of a debarked or surgically silenced 20
vicious dog, to prohibit falsely attesting on a 22
written waiver form prior to having a dog
debarked or surgically silenced that the dog is 23
not a vicious dog, to provide an affirmative 24
defense to the prohibitions created by the bill 25
for a veterinarian who obtains before a dog is
debarked or surgically silenced a written waiver 26
form attesting that the dog is not a vicious dog, 27
and to increase the penalty for a subsequent 28
violation of the dogfighting law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 955.22, 955.99, and 959.99 of the 32
Revised Code be amended to read as follows: 34
Sec. 955.22. (A) As used in this section, "dangerous dog" 43
and "vicious dog" have the same meanings as in section 955.11 of 44
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the Revised Code. 45
(B) No owner, keeper, or harborer of any female dog shall 47
permit it to go beyond the premises of the owner, keeper, or 48
harborer at any time the dog is in heat, unless the dog is 49
properly in leash. 50
(C) No owner, keeper, or harborer of any dog shall fail at 52
any time to keep it either physically confined or restrained upon 53
the premises of the owner, keeper, or harborer by a leash, 54
tether, adequate fence, supervision, or secure enclosure to 55
prevent escape, or under reasonable control of some person, 56
except when the dog is lawfully engaged in hunting accompanied by 57
the owner, keeper, or harborer or a handler. 58
(D) No owner, keeper, or harborer of a dangerous or 60
vicious dog shall fail to do either of the following, except when 61
the dog is lawfully engaged in hunting or training for the 62
purpose of hunting, accompanied by the owner, keeper, OR 64
harborer, or a handler: 65
(1) While that dog is on the premises of the owner, 67
keeper, or harborer, securely confine it at all times in a locked 68
pen which THAT has a top, locked fenced yard, or other locked 69
enclosure which THAT has a top, except that a dangerous dog may, 70
in the alternative, be tied with a leash or tether so that the 72
dog is adequately restrained; 73
(2) While that dog is off the premises of the owner, 75
keeper, or harborer, keep it THAT DOG on a chain-link leash or 76
tether that is not more than six feet in length, MUZZLE THAT DOG, 78
and additionally do at least one of the following: 80
(a) Keep that dog in a locked pen which THAT has a top, 82
locked fenced yard, or other locked enclosure which THAT has a 83
top;
(b) Have the leash or tether controlled by a person who is 85
of suitable age and discretion or securely attach, tie, or affix 86
the leash or tether to the ground or a stationary object or 87
fixture so that the dog is adequately restrained and station such 88
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a person in close enough proximity to that dog so as to prevent 89
it from causing injury to any person; 90
(c) Muzzle that dog. 92
(E) No owner, keeper, or harborer of a vicious dog shall 94
fail to obtain liability insurance with an insurer authorized to 95
write liability insurance in this state providing coverage in 96
each occurrence, subject to a limit, exclusive of interest and 97
costs, of not less than fifty ONE HUNDRED thousand dollars 98
because of damage or bodily injury to or death of a person caused 99
by the vicious dog. 101
(F) NO PERSON SHALL DO ANY OF THE FOLLOWING: 103
(1) DEBARK OR SURGICALLY SILENCE A DOG THAT THE PERSON 105
KNOWS OR HAS REASON TO BELIEVE IS A VICIOUS DOG; 106
(2) POSSESS A VICIOUS DOG IF THE PERSON KNOWS OR HAS 108
REASON TO BELIEVE THAT THE DOG HAS BEEN DEBARKED OR SURGICALLY 109
SILENCED;
(3) FALSELY ATTEST ON A WAIVER FORM PROVIDED BY THE 111
VETERINARIAN UNDER DIVISION (K) OF SECTION 955.99 OF THE REVISED 112
CODE THAT THE PERSON'S DOG IS NOT A VICIOUS DOG OR OTHERWISE 114
PROVIDE FALSE INFORMATION ON THAT WRITTEN WAIVER FORM. 115
Sec. 955.99. (A)(1) Whoever violates division (E) of 124
section 955.11 of the Revised Code because of a failure to comply 125
with division (B) of that section is guilty of a minor 126
misdemeanor. 127
(2) Whoever violates division (E) of section 955.11 of the 129
Revised Code because of a failure to comply with division (C) or 130
(D) of that section is guilty of a minor misdemeanor on a first 131
offense and of a misdemeanor of the fourth degree on each 132
subsequent offense. 133
(B) Whoever violates section 955.10, 955.23, 955.24, or 135
955.25 of the Revised Code is guilty of a minor misdemeanor. 136
(C) Whoever violates section 955.261, 955.39, or 955.50 of 138
the Revised Code is guilty of a minor misdemeanor on a first 139
offense and of a misdemeanor of the fourth degree on each 140
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subsequent offense. 141
(D) Whoever violates division (F) of section 955.16 or 143
division (B) of section 955.43 of the Revised Code is guilty of a 144
misdemeanor of the fourth degree. 145
(E)(1) Whoever violates section 955.21 or division (B) or 147
(C) of section 955.22 of the Revised Code shall be fined not less 148
than twenty-five dollars or more than one hundred dollars on a 149
first offense, and on each subsequent offense shall be fined not 150
less than seventy-five dollars or more than two hundred fifty 151
dollars and may be imprisoned for not more than thirty days. 152
(2) In addition to the penalties prescribed in division 154
(E)(1) of this section, if the offender is guilty of a violation 155
of division (B) or (C) of section 955.22 of the Revised Code, the 156
court may order the offender to personally supervise the dog that 157
he THE OFFENDER owns, keeps, or harbors, to cause that dog to 158
complete dog obedience training, or to do both. 159
(F) If a violation of division (D) of section 955.22 of 161
the Revised Code involves a dangerous dog, whoever violates that 162
division is guilty of a misdemeanor of the fourth degree on a 163
first offense and of a misdemeanor of the third degree on each 164
subsequent offense. Additionally, the court may order the 165
offender to personally supervise the dangerous dog that he THE 166
OFFENDER owns, keeps, or harbors, to cause that dog to complete 167
dog obedience training, or to do both, and the court may order 168
the offender to obtain liability insurance pursuant to division 169
(E) of section 955.22 of the Revised Code. The court, in the 170
alternative, may order the dangerous dog to be humanely destroyed 171
by a licensed veterinarian, the county dog warden, or the county 172
humane society. 173
(G) If a violation of division (D) of section 955.22 of 175
the Revised Code involves a vicious dog, whoever violates that 176
division is guilty of one of the following: 177
(1) A felony of the fourth degree on a first or subsequent 179
offense if the dog kills or seriously injures a person. 180
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Additionally, the court shall order that the vicious dog be 181
humanely destroyed by a licensed veterinarian, the county dog 182
warden, or the county humane society. 183
(2) A misdemeanor of the first degree on a first offense 185
and a felony of the fourth degree on each subsequent offense. 186
Additionally, the court may order the vicious dog to be humanely 187
destroyed by a licensed veterinarian, the county dog warden, or 188
the county humane society. 189
(3) A misdemeanor of the first degree if the dog causes 191
injury, other than killing or serious injury, to any person. 192
(H) Whoever violates division (A)(2) of section 955.01 or 194
division (E) of section 955.22 of the Revised Code is guilty of a 195
misdemeanor of the first degree. 196
(I) Whoever violates division (C) of section 955.221 of 198
the Revised Code is guilty of a minor misdemeanor. Each day of 199
continued violation of division (C) of section 955.221 of the 200
Revised Code constitutes a separate offense. Fines levied and 201
collected for violations of THAT division (C) of section 955.221 202
of the Revised Code shall be distributed by the mayor or clerk of 203
the municipal or county court in accordance with section 733.40, 204
division (F) of section 1901.31, or division (C) of section 205
1907.20 of the Revised Code to the treasury of the county, 206
township, or municipal corporation whose resolution or ordinance 207
was violated. 208
(J) WHOEVER VIOLATES DIVISION (F)(1), (2), OR (3) OF 210
SECTION 955.22 OF THE REVISED CODE IS GUILTY OF A FELONY OF THE 212
FOURTH DEGREE.
(K)(1) BEFORE A VETERINARIAN DEBARKS OR SURGICALLY 214
SILENCES A DOG, THE VETERINARIAN MAY GIVE THE OWNER OF THE DOG A 216
WRITTEN WAIVER FORM THAT ATTESTS THAT THE DOG IS NOT A VICIOUS 218
DOG. THE WRITTEN WAIVER FORM SHALL INCLUDE ALL OF THE FOLLOWING: 219
(a) THE VETERINARIAN'S LICENSE NUMBER AND CURRENT BUSINESS 221
ADDRESS; 222
(b) A RESTATEMENT OF DIVISION (F) OF SECTION 955.22 OF THE 225
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REVISED CODE; 226
(c) THE NUMBER OF THE LICENSE OF THE DOG IF THE DOG IS 228
LICENSED; 229
(d) A REASONABLE DESCRIPTION OF THE AGE, COLORING, AND 231
GENDER OF THE DOG AS WELL AS ANY NOTABLE MARKINGS ON THE DOG; 232
(e) THE SIGNATURE OF THE OWNER OF THE DOG ATTESTING THAT 234
THE OWNER'S DOG IS NOT A VICIOUS DOG. 235
(2) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF A 237
VIOLATION OF DIVISION (F) OF SECTION 955.22 OF THE REVISED CODE 238
THAT THE VETERINARIAN WHO IS CHARGED WITH THE VIOLATION OBTAINED, 240
PRIOR TO DEBARKING OR SURGICALLY SILENCING THE DOG, A WRITTEN 241
WAIVER FORM THAT COMPLIES WITH DIVISION (K)(1) OF THIS SECTION 242
AND THAT ATTESTS THAT THE DOG IS NOT A VICIOUS DOG. 243
Sec. 959.99. (A) Whoever violates section 959.01, 959.18, 252
or 959.19 of the Revised Code is guilty of a minor misdemeanor. 253
(B) Except as otherwise provided in this division, whoever 256
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of the second degree. If the value of the animal 258
killed or the injury done amounts to three hundred dollars or 259
more, whoever violates section 959.02 of the Revised Code is 260
guilty of a misdemeanor of the first degree. 261
(C) Whoever violates section 959.03, 959.06, 959.12, 263
959.15, or 959.17 of the Revised Code is guilty of a misdemeanor 264
of the fourth degree. 265
(D) Whoever violates division (A) of section 959.13 of the 267
Revised Code is guilty of a misdemeanor of the second degree. In 268
addition, the court may order the offender to forfeit the animal 269
or livestock and may provide for its disposition including, but 270
not limited to, the sale of the animal or livestock. If an 271
animal or livestock is forfeited and sold pursuant to this 272
division, the proceeds from the sale first shall be applied to 273
pay the expenses incurred with regard to the care of the animal 274
from the time it was taken from the custody of the former owner. 275
The balance of the proceeds from the sale, if any, shall be paid 276
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to the former owner of the animal. 277
(E) Whoever violates section 959.14 of the Revised Code is 279
guilty of a misdemeanor of the second degree on a first offense 280
and a misdemeanor of the first degree on each subsequent offense. 281
(F) Whoever violates section 959.05 or 959.20 of the 283
Revised Code is guilty of a misdemeanor of the first degree. 284
(G) Whoever violates section 959.16 of the Revised Code is 286
guilty of a felony of the fourth degree FOR A FIRST OFFENSE AND A 287
FELONY OF THE THIRD DEGREE ON EACH SUBSEQUENT OFFENSE. 288
Section 2. That existing sections 955.22, 955.99, and 290
959.99 of the Revised Code are hereby repealed. 291