As Reported by the Senate Judiciary Committee 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
_________________________________________________________________ 17
A B I L L
To amend sections 955.22, 955.99, and 959.99 of the 19
Revised Code to prohibit debarking or surgically 20
silencing a vicious dog, to prohibit the
possession of a debarked or surgically silenced 21
vicious dog, to prohibit falsely attesting on a 23
written waiver form prior to having a dog
debarked or surgically silenced that the dog is 24
not a vicious dog, to provide an affirmative 25
defense to the prohibitions created by the bill 26
for a veterinarian who obtains before a dog is
debarked or surgically silenced a written waiver 27
form attesting that the dog is not a vicious dog, 28
and to increase the penalty for a subsequent 29
violation of the dogfighting law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 955.22, 955.99, and 959.99 of the 33
Revised Code be amended to read as follows: 35
Sec. 955.22. (A) As used in this section, "dangerous dog" 44
and "vicious dog" have the same meanings as in section 955.11 of 45
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the Revised Code. 46
(B) No owner, keeper, or harborer of any female dog shall 48
permit it to go beyond the premises of the owner, keeper, or 49
harborer at any time the dog is in heat, unless the dog is 50
properly in leash. 51
(C) No EXCEPT WHEN A DOG IS LAWFULLY ENGAGED IN HUNTING 54
AND ACCOMPANIED BY THE OWNER, KEEPER, HARBORER, OR HANDLER OF THE 55
DOG, NO owner, keeper, or harborer of any dog shall fail at any 57
time to keep it DO either OF THE FOLLOWING:
(1) KEEP THE DOG physically confined or restrained upon 59
the premises of the owner, keeper, or harborer by a leash, 60
tether, adequate fence, supervision, or secure enclosure to 61
prevent escape, or; 62
(2) KEEP THE DOG under THE reasonable control of some 64
person, except when the dog is lawfully engaged in hunting 65
accompanied by the owner, keeper, or harborer or a handler. 66
(D) No EXCEPT WHEN A DANGEROUS OR VICIOUS DOG IS LAWFULLY 69
ENGAGED IN HUNTING OR TRAINING FOR THE PURPOSE OF HUNTING AND IS 70
ACCOMPANIED BY THE OWNER, KEEPER, HARBORER, OR HANDLER OF THE 71
DOG, NO owner, keeper, or harborer of a dangerous or vicious dog 73
shall fail to do either of the following, except when the dog is 74
lawfully engaged in hunting or training for the purpose of 75
hunting, accompanied by the owner, keeper, harborer, or a 77
handler:
(1) While that dog is on the premises of the owner, 79
keeper, or harborer, securely confine it at all times in a locked 80
pen which THAT has a top, locked fenced yard, or other locked 81
enclosure which THAT has a top, except that a dangerous dog may, 82
in the alternative, be tied with a leash or tether so that the 84
dog is adequately restrained; 85
(2) While that dog is off the premises of the owner, 87
keeper, or harborer, keep it THAT DOG on a chain-link leash or 88
tether that is not more than six feet in length and additionally 91
do at least one of the following: 92
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(a) Keep that dog in a locked pen which THAT has a top, 94
locked fenced yard, or other locked enclosure which THAT has a 95
top;
(b) Have the leash or tether controlled by a person who is 97
of suitable age and discretion or securely attach, tie, or affix 98
the leash or tether to the ground or a stationary object or 99
fixture so that the dog is adequately restrained and station such 100
a person in close enough proximity to that dog so as to prevent 101
it from causing injury to any person; 102
(c) Muzzle that dog. 104
(E) No owner, keeper, or harborer of a vicious dog shall 106
fail to obtain liability insurance with an insurer authorized to 107
write liability insurance in this state providing coverage in 108
each occurrence, subject to a limit, exclusive of interest and 109
costs, of not less than fifty ONE HUNDRED thousand dollars 110
because of damage or bodily injury to or death of a person caused 111
by the vicious dog. 113
(F) NO PERSON SHALL DO ANY OF THE FOLLOWING: 115
(1) DEBARK OR SURGICALLY SILENCE A DOG THAT THE PERSON 117
KNOWS OR HAS REASON TO BELIEVE IS A VICIOUS DOG; 118
(2) POSSESS A VICIOUS DOG IF THE PERSON KNOWS OR HAS 120
REASON TO BELIEVE THAT THE DOG HAS BEEN DEBARKED OR SURGICALLY 121
SILENCED;
(3) FALSELY ATTEST ON A WAIVER FORM PROVIDED BY THE 123
VETERINARIAN UNDER DIVISION (G) OF THIS SECTION THAT THE PERSON'S 126
DOG IS NOT A VICIOUS DOG OR OTHERWISE PROVIDE FALSE INFORMATION
ON THAT WRITTEN WAIVER FORM. 127
(G) BEFORE A VETERINARIAN DEBARKS OR SURGICALLY SILENCES A 129
DOG, THE VETERINARIAN MAY GIVE THE OWNER OF THE DOG A WRITTEN 130
WAIVER FORM THAT ATTESTS THAT THE DOG IS NOT A VICIOUS DOG. THE 132
WRITTEN WAIVER FORM SHALL INCLUDE ALL OF THE FOLLOWING: 133
(1) THE VETERINARIAN'S LICENSE NUMBER AND CURRENT BUSINESS 135
ADDRESS; 136
(2) THE NUMBER OF THE LICENSE OF THE DOG IF THE DOG IS 138
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LICENSED;
(3) A REASONABLE DESCRIPTION OF THE AGE, COLORING, AND 140
GENDER OF THE DOG AS WELL AS ANY NOTABLE MARKINGS ON THE DOG; 141
(4) THE SIGNATURE OF THE OWNER OF THE DOG ATTESTING THAT 143
THE OWNER'S DOG IS NOT A VICIOUS DOG; 144
(5) A STATEMENT THAT DIVISION (F) OF SECTION 955.22 OF THE 146
REVISED CODE PROHIBITS ANY PERSON FROM DOING ANY OF THE 147
FOLLOWING: 148
(a) DEBARKING OR SURGICALLY SILENCING A DOG THAT THE 150
PERSON KNOWS OR HAS REASON TO BELIEVE IS A VICIOUS DOG; 151
(b) POSSESSING A VICIOUS DOG IF THE PERSON KNOWS OR HAS 153
REASON TO BELIEVE THAT THE DOG HAS BEEN DEBARKED OR SURGICALLY 154
SILENCED;
(c) FALSELY ATTESTING ON A WAIVER FORM PROVIDED BY THE 156
VETERINARIAN UNDER DIVISION (G) OF SECTION 955.22 OF THE REVISED 158
CODE THAT THE PERSON'S DOG IS NOT A VICIOUS DOG OR OTHERWISE 159
PROVIDE FALSE INFORMATION ON THAT WRITTEN WAIVER FORM. 161
(H) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF A 163
VIOLATION OF DIVISION (F) OF THIS SECTION THAT THE VETERINARIAN 164
WHO IS CHARGED WITH THE VIOLATION OBTAINED, PRIOR TO DEBARKING OR 165
SURGICALLY SILENCING THE DOG, A WRITTEN WAIVER FORM THAT COMPLIES 166
WITH DIVISION (G) OF THIS SECTION AND THAT ATTESTS THAT THE DOG 167
IS NOT A VICIOUS DOG.
Sec. 955.99. (A)(1) Whoever violates division (E) of 176
section 955.11 of the Revised Code because of a failure to comply 177
with division (B) of that section is guilty of a minor 178
misdemeanor. 179
(2) Whoever violates division (E) of section 955.11 of the 181
Revised Code because of a failure to comply with division (C) or 182
(D) of that section is guilty of a minor misdemeanor on a first 183
offense and of a misdemeanor of the fourth degree on each 184
subsequent offense. 185
(B) Whoever violates section 955.10, 955.23, 955.24, or 187
955.25 of the Revised Code is guilty of a minor misdemeanor. 188
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(C) Whoever violates section 955.261, 955.39, or 955.50 of 190
the Revised Code is guilty of a minor misdemeanor on a first 191
offense and of a misdemeanor of the fourth degree on each 192
subsequent offense. 193
(D) Whoever violates division (F) of section 955.16 or 195
division (B) of section 955.43 of the Revised Code is guilty of a 196
misdemeanor of the fourth degree. 197
(E)(1) Whoever violates section 955.21 or division (B) or 199
(C) of section 955.22 of the Revised Code shall be fined not less 200
than twenty-five dollars or more than one hundred dollars on a 201
first offense, and on each subsequent offense shall be fined not 202
less than seventy-five dollars or more than two hundred fifty 203
dollars and may be imprisoned for not more than thirty days. 204
(2) In addition to the penalties prescribed in division 206
(E)(1) of this section, if the offender is guilty of a violation 207
of division (B) or (C) of section 955.22 of the Revised Code, the 208
court may order the offender to personally supervise the dog that 209
he THE OFFENDER owns, keeps, or harbors, to cause that dog to 210
complete dog obedience training, or to do both. 211
(F) If a violation of division (D) of section 955.22 of 213
the Revised Code involves a dangerous dog, whoever violates that 214
division is guilty of a misdemeanor of the fourth degree on a 215
first offense and of a misdemeanor of the third degree on each 216
subsequent offense. Additionally, the court may order the 217
offender to personally supervise the dangerous dog that he THE 218
OFFENDER owns, keeps, or harbors, to cause that dog to complete 219
dog obedience training, or to do both, and the court may order 220
the offender to obtain liability insurance pursuant to division 221
(E) of section 955.22 of the Revised Code. The court, in the 222
alternative, may order the dangerous dog to be humanely destroyed 223
by a licensed veterinarian, the county dog warden, or the county 224
humane society. 225
(G) If a violation of division (D) of section 955.22 of 227
the Revised Code involves a vicious dog, whoever violates that 228
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division is guilty of one of the following: 229
(1) A felony of the fourth degree on a first or subsequent 231
offense if the dog kills or seriously injures a person. 232
Additionally, the court shall order that the vicious dog be 233
humanely destroyed by a licensed veterinarian, the county dog 234
warden, or the county humane society. 235
(2) A misdemeanor of the first degree on a first offense 237
and a felony of the fourth degree on each subsequent offense. 238
Additionally, the court may order the vicious dog to be humanely 239
destroyed by a licensed veterinarian, the county dog warden, or 240
the county humane society. 241
(3) A misdemeanor of the first degree if the dog causes 243
injury, other than killing or serious injury, to any person. 244
(H) Whoever violates division (A)(2) of section 955.01 or 246
division (E) of section 955.22 of the Revised Code is guilty of a 247
misdemeanor of the first degree. 248
(I) Whoever violates division (C) of section 955.221 of 250
the Revised Code is guilty of a minor misdemeanor. Each day of 251
continued violation of division (C) of section 955.221 of the 252
Revised Code constitutes a separate offense. Fines levied and 253
collected for violations of THAT division (C) of section 955.221 254
of the Revised Code shall be distributed by the mayor or clerk of 255
the municipal or county court in accordance with section 733.40, 256
division (F) of section 1901.31, or division (C) of section 257
1907.20 of the Revised Code to the treasury of the county, 258
township, or municipal corporation whose resolution or ordinance 259
was violated. 260
(J) WHOEVER VIOLATES DIVISION (F)(1), (2), OR (3) OF 262
SECTION 955.22 OF THE REVISED CODE IS GUILTY OF A FELONY OF THE 264
FOURTH DEGREE. ADDITIONALLY, THE COURT SHALL ORDER THAT THE 266
VICIOUS DOG BE HUMANELY DESTROYED BY A LICENSED VETERINARIAN, THE 267
COUNTY DOG WARDEN, OR THE COUNTY HUMANE SOCIETY. 268
Sec. 959.99. (A) Whoever violates section 959.01, 959.18, 277
or 959.19 of the Revised Code is guilty of a minor misdemeanor. 278
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(B) Except as otherwise provided in this division, whoever 281
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of the second degree. If the value of the animal 283
killed or the injury done amounts to three hundred dollars or 284
more, whoever violates section 959.02 of the Revised Code is 285
guilty of a misdemeanor of the first degree. 286
(C) Whoever violates section 959.03, 959.06, 959.12, 288
959.15, or 959.17 of the Revised Code is guilty of a misdemeanor 289
of the fourth degree. 290
(D) Whoever violates division (A) of section 959.13 of the 292
Revised Code is guilty of a misdemeanor of the second degree. In 293
addition, the court may order the offender to forfeit the animal 294
or livestock and may provide for its disposition including, but 295
not limited to, the sale of the animal or livestock. If an 296
animal or livestock is forfeited and sold pursuant to this 297
division, the proceeds from the sale first shall be applied to 298
pay the expenses incurred with regard to the care of the animal 299
from the time it was taken from the custody of the former owner. 300
The balance of the proceeds from the sale, if any, shall be paid 301
to the former owner of the animal. 302
(E) Whoever violates section 959.14 of the Revised Code is 304
guilty of a misdemeanor of the second degree on a first offense 305
and a misdemeanor of the first degree on each subsequent offense. 306
(F) Whoever violates section 959.05 or 959.20 of the 308
Revised Code is guilty of a misdemeanor of the first degree. 309
(G) Whoever violates section 959.16 of the Revised Code is 311
guilty of a felony of the fourth degree FOR A FIRST OFFENSE AND A 312
FELONY OF THE THIRD DEGREE ON EACH SUBSEQUENT OFFENSE. 313
Section 2. That existing sections 955.22, 955.99, and 315
959.99 of the Revised Code are hereby repealed. 316
Section 3. A person who possesses a debarked or surgically 318
silenced vicious dog, as defined in section 955.11 of the Revised 319
Code, shall, within ninety days of the effective date of this 320
act, have that vicious dog humanely destroyed by a licensed 321
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veterinarian, the county dog warden, or the county humane 322
society.