As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 701 6
1999-2000 7
REPRESENTATIVES PETERSON-GOODMAN-AUSTRIA-TRAKAS-ALLEN- 9
HOLLISTER-BUEHRER-HOOPS-HARRIS-KRUPINSKI-PRINGLE-CLANCY- 10
FLANNERY-EVANS-TERWILLEGER-DAMSCHRODER-A. CORE-TAYLOR- 11
CAREY-YOUNG-REDFERN-HUGHES-AMSTUTZ-WILLAMOWSKI-GRENDELL- 12
SCHULER-KREBS-VERICH-SULZER-DISTEL-PERRY-HEALY- 14
WIDENER-D. MILLER-STEVENS-SENATORS GARDNER-SPADA- LATELL 15
_________________________________________________________________ 17
A B I L L
To amend sections 301.28, 955.07, 955.14, 955.20, 19
955.261, and 2921.321 and to enact section 20
955.013 of the Revised Code to authorize county 22
auditors to allow for the registration of dogs
and kennels via the Internet and to accept the 24
payment of dog and kennel registration fees by
financial transaction devices; to provide for the 26
retention of dog and kennel registration records 27
only until a county audit is performed by the
Auditor of State or for a period of two years, 28
whichever is later; to exempt certain police dogs 30
from the requirement of a quarantine period after
biting a person; and to create the offense of 31
harassing a police dog or horse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 301.28, 955.07, 955.14, 955.20, 35
955.261, and 2921.321 be amended and section 955.013 of the 37
Revised Code be enacted to read as follows: 38
Sec. 301.28. (A) As used in this section: 47
(1) "Financial transaction device" includes a credit card, 50
2
debit card, charge card, or prepaid or stored value card.
(2) "County expenses" includes fees, costs, taxes, 52
assessments, fines, penalties, payments, or any other expense a 53
person owes to a county office under the authority of a county 54
elected official OTHER THAN DOG REGISTRATION AND KENNEL FEES 55
REQUIRED TO BE PAID UNDER CHAPTER 955. OF THE REVISED CODE. 57
(3) "County elected official" includes the county auditor, 60
county treasurer, county engineer, county recorder, county 61
prosecuting attorney, county sheriff, and county coroner, and the
clerk of the court of common pleas, the clerk of a 62
county-operated municipal court, and the clerk of a county court. 64
(B) Notwithstanding any other section of the Revised Code 66
and except as provided in division (D) of this section, a board 68
of county commissioners may adopt a resolution authorizing the 69
acceptance of payments by financial transaction devices for 70
county expenses. The resolution shall include the following: 71
(1) A specification of those county elected officials who 73
are authorized to accept payments by financial transaction 74
devices;
(2) A list of county expenses that may be paid for through 77
the use of a financial transaction device;
(3) Specific identification of financial transaction 79
devices that the board authorizes as acceptable means of payment 81
for county expenses. Uniform acceptance of financial transaction 82
devices among different types of county expenses is not required. 83
(4) The amount, if any, authorized as a surcharge or 85
convenience fee under division (E) of this section for persons 86
using a financial transaction device. Uniform application of 88
surcharges or convenience fees among different types of county 89
expenses is not required.
(5) A specific provision as provided in division (G) of 91
this section requiring the payment of a penalty if a payment made 92
by means of a financial transaction device is returned or 93
dishonored for any reason.
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The board's resolution shall also designate the county 95
treasurer as an administrative agent to solicit proposals, within 96
guidelines established by the board in the resolution and in 97
compliance with the procedures provided in division (C) of this 98
section, from financial institutions, issuers of financial 99
transaction devices, and processors of financial transaction 100
devices, to make recommendations about those proposals to the 101
board, and to assist county offices in implementing the county's 102
financial transaction devices program. The county treasurer may 103
decline this responsibility within thirty days after receiving a 104
copy of the board's resolution by notifying the board in writing 105
within that period. If the treasurer so notifies the board, the 106
board shall perform the duties of the administrative agent.
If the county treasurer is the administrative agent and 108
fails to administer the county financial transaction devices 109
program in accordance with the guidelines in the board's 110
resolution, the board shall notify the treasurer in writing of 111
the board's findings, explain the failures, and give the
treasurer six months to correct the failures. If the treasurer 112
fails to make the appropriate corrections within that six-month 113
period, the board may pass a resolution declaring the board to be 114
the administrative agent. The board may later rescind that 115
resolution at its discretion.
(C) The county shall follow the procedures provided in 117
this division whenever it plans to contract with financial 118
institutions, issuers of financial transaction devices, or 119
processors of financial transaction devices for the purposes of 120
this section. The administrative agent shall request proposals 121
from at least three financial institutions, issuers of financial 122
transaction devices, or processors of financial transaction 123
devices, as appropriate in accordance with the resolution adopted 125
under division (B) of this section. Prior to sending any
financial institution, issuer, or processor a copy of any such 126
request, the county shall advertise its intent to request 127
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proposals in a newspaper of general circulation in the county 128
once a week for two consecutive weeks. The notice shall state 129
that the county intends to request proposals; specify the purpose 130
of the request; indicate the date, which shall be at least ten
days after the second publication, on which the request for 131
proposals will be mailed to financial institutions, issuers, or 133
processors; and require that any financial institution, issuer, 134
or processor, whichever is appropriate, interested in receiving 135
the request for proposals submit written notice of this interest 137
to the county not later than noon of the day on which the request
for proposals will be mailed. 138
Upon receiving the proposals, the administrative agent 140
shall review them and make a recommendation to the board of 141
county commissioners on which proposals to accept. The board of 142
county commissioners shall consider the agent's recommendation 143
and review all proposals submitted, and then may choose to
contract with any or all of the entities submitting proposals, as 145
appropriate. The board shall provide any financial institution, 146
issuer, or processor that submitted a proposal, but with which 147
the board does not enter into a contract, notice that its 149
proposal is rejected. The notice shall state the reasons for the 150
rejection, indicate whose proposals were accepted, and provide a
copy of the terms and conditions of the successful bids. 151
(D) A board of county commissioners adopting a resolution 153
under this section shall send a copy of the resolution to each 155
county elected official in the county who is authorized by the 156
resolution to accept payments by financial transaction devices. 157
After receiving the resolution and before accepting payments by 158
financial transaction devices, a county elected official shall 159
provide written notification to the board of county commissioners 160
of the official's intent to implement the resolution within the 161
official's office. Each county office subject to the board's 163
resolution adopted under division (B) of this section may use
only the financial institutions, issuers of financial transaction 164
5
devices, and processors of financial transaction devices with 165
which the board of county commissioners contracts, and each such 166
office is subject to the terms of those contracts. 167
If a county office under the authority of a county elected 170
official is directly responsible for collecting one or more 171
county expenses and the county elected official determines not to 173
accept payments by financial transaction devices for one or more 174
of those expenses, the office shall not be required to accept 175
payments by financial transaction devices, notwithstanding the 176
adoption of a resolution by the board of county commissioners 177
under this section.
Any office of a clerk of the court of common pleas that 179
accepts financial transaction devices on or before July 1, 1999, 180
and any other county office that accepted such devices before 181
January 1, 1998, may continue to accept such devices without 182
being subject to any resolution passed by the board of county 183
commissioners under division (B) of this section, or any other 184
oversight by the board of the office's financial transaction 185
devices program. Any such office may use surcharges or
convenience fees in any manner the county elected official in 186
charge of the office determines to be appropriate, and, if the 187
county treasurer consents, may appoint the county treasurer to be 188
the office's administrative agent for purposes of accepting 189
financial transaction devices. In order not to be subject to the 190
resolution of the board of county commissioners adopted under
division (B) of this section, a county office shall notify the 191
board in writing within thirty days after the effective date of 192
this section MARCH 30, 1999, that it accepted financial 194
transaction devices prior to January 1, 1998, or, in the case of 195
the office of a clerk of the court of common pleas, the clerk has 197
accepted or will accept such devices on or before July 1, 1999. 199
Each such notification shall explain how processing costs
associated with financial transaction devices are being paid and 200
shall indicate whether surcharge or convenience fees are being 201
6
passed on to consumers.
(E) A board of county commissioners may establish a 204
surcharge or convenience fee that may be imposed upon a person 205
making payment by a financial transaction device. The surcharge 206
or convenience fee shall not be imposed unless authorized or 207
otherwise permitted by the rules prescribed by an agreement 208
governing the use and acceptance of the financial transaction 209
device.
If a surcharge or convenience fee is imposed, every county 211
office accepting payment by a financial transaction device, 212
regardless of whether that office is subject to a resolution 213
adopted by a board of county commissioners, shall clearly post a 214
notice in that office and shall notify each person making a
payment by such a device about the surcharge or fee. Notice to 215
each person making a payment shall be provided regardless of the 216
medium used to make the payment and in a manner appropriate to 217
that medium. Each notice shall include all of the following: 218
(1) A statement that there is a surcharge or convenience 220
fee for using a financial transaction device; 221
(2) The total amount of the charge or fee expressed in 223
dollars and cents for each transaction, or the rate of the charge 224
or fee expressed as a percentage of the total amount of the 225
transaction, whichever is applicable; 226
(3) A clear statement that the surcharge or convenience 228
fee is nonrefundable.
(F) If a person elects to make a payment to the county by 231
a financial transaction device and a surcharge or convenience fee 232
is imposed, the payment of the surcharge or fee shall be 233
considered voluntary and the surcharge or fee is not refundable. 234
(G) If a person makes payment by financial transaction 237
device and the payment is returned or dishonored for any reason, 238
the person is liable to the county for payment of a penalty over 239
and above the amount of the expense due. The board of county 240
commissioners shall determine the amount of the penalty, which 241
7
may be either a fee not to exceed twenty dollars or payment of 242
the amount necessary to reimburse the county for banking charges, 243
legal fees, or other expenses incurred by the county in 244
collecting the returned or dishonored payment. The remedies and 245
procedures provided in this section are in addition to any other 246
available civil or criminal remedies provided by law. 247
(H) No person making any payment by financial transaction 250
device to a county office shall be relieved from liability for 251
the underlying obligation except to the extent that the county 252
realizes final payment of the underlying obligation in cash or 253
its equivalent. If final payment is not made by the financial 254
transaction device issuer or other guarantor of payment in the 255
transaction, the underlying obligation shall survive and the 256
county shall retain all remedies for enforcement that would have 257
applied if the transaction had not occurred. 258
(I) A county elected official or employee who accepts a 261
financial transaction device payment in accordance with this 262
section and any applicable state or local policies or rules is 263
immune from personal liability for the final collection of such 264
payments.
Sec. 955.013. (A) AS USED IN THIS SECTION: 266
(1) "FINANCIAL TRANSACTION DEVICE" HAS THE SAME MEANING AS 268
IN SECTION 301.28 OF THE REVISED CODE. 269
(2) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 271
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 272
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 273
WIDE WEB.
(B) A COUNTY AUDITOR MAY ESTABLISH PROCEDURES AND TAKE 275
ACTIONS THAT ARE NECESSARY TO ALLOW FOR EITHER OR BOTH OF THE 276
FOLLOWING:
(1) THE REGISTRATION OF DOGS AND KENNELS UNDER THIS 278
CHAPTER VIA THE INTERNET; 279
(2) THE PAYMENT OF DOG AND KENNEL REGISTRATION FEES UNDER 281
THIS CHAPTER BY FINANCIAL TRANSACTION DEVICES, INCLUDING PAYMENT 282
8
BY FINANCIAL TRANSACTION DEVICES VIA THE INTERNET. 283
Sec. 955.07. Upon the filing of the application for 293
registration required by sections 955.01 and 955.04 of the 294
Revised Code and upon the payment of the registration fee and the 295
administrative fee, if applicable, the county auditor shall 296
assign a distinctive number to every dog or dog kennel described
in such THE application, and shall deliver a certificate of 298
registration bearing such THE number to the owner thereof OF THE 300
DOG OR DOG KENNEL. A permanent record of all certificates of 301
registration issued, together with the applications therefor FOR 302
REGISTRATION, shall be kept by such THE auditor in a dog and 304
kennel register, which FOR TWO YEARS OR UNTIL AFTER AN AUDIT 305
PERFORMED BY THE AUDITOR OF STATE, WHICHEVER IS LATER. THIS 306
RECORD shall be open to the inspection of any person during 307
reasonable business hours.
Sec. 955.14. (A) Notwithstanding section 955.01 of the 317
Revised Code, a board of county commissioners by resolution may 320
increase dog and kennel registration fees in the county. The 321
amount of the fees shall not exceed an amount that the board, in 322
its discretion, estimates is needed to pay all expenses for the 323
administration of this chapter and to pay claims allowed for 324
animals, fowl, or poultry injured or destroyed by dogs. Such a 325
resolution shall be adopted not earlier than the first day of 326
February and not later than the thirty-first day of August of any 328
year and shall apply to the registration period commencing on the 331
first day of December of the current year and ending on the 332
thirty-first day of January of the following year, unless the 334
period is extended under section 955.01 of the Revised Code. Any 336
increase in fees adopted under this division shall be in the 337
ratio of two dollars for a dog registration fee and ten dollars 338
for a kennel registration fee. 339
(B) Not later than the fifteenth day of October of each 343
year, the board of county commissioners shall determine if there 344
is sufficient money in the dog and kennel fund, after paying the 345
9
expenses of administration incurred or estimated to be incurred 346
for the remainder of the year, to pay the claims allowed for 347
animals, fowl, or poultry injured or destroyed by dogs. If the 348
board determines there is not sufficient money in the dog and 349
kennel fund to pay the claims allowed, the board shall provide by 350
resolution that all claims remaining unpaid shall be paid from 351
the general fund of the county. All money paid out of the 352
general fund for such THOSE purposes may be replaced by the board 354
from the dog and kennel fund at any time during the following 355
year notwithstanding section 5705.14 of the Revised Code. 356
(C) Notwithstanding section 955.20 of the Revised Code, if 358
dog and kennel registration fees in any county are increased 359
above two and ten dollars, respectively, under authority of 360
division (A) of this section, then on or before the first day of 362
March following each year in which the increased fees are in 363
effect, the county auditor shall draw on the dog and kennel fund 364
a warrant payable to the college of veterinary medicine of the 365
Ohio state university in an amount equal to ten cents for each 366
dog and kennel registration fee received during the preceding 367
year. The money received by the college of veterinary medicine 368
of the Ohio state university under this division shall be applied 369
for research and study of the diseases of dogs, particularly 370
those transmittable to humans, and for research of other diseases 372
of dogs that by their nature will provide results applicable to 373
the prevention and treatment of both human and canine illness. 374
(D) The Ohio state university college of veterinary 376
medicine shall be responsible to report annually to the general 377
assembly the progress of the research and study authorized and 378
funded by division (C) of this section. The report shall briefly 379
describe the research projects undertaken and assess the value of 380
each. The report shall account for funds received pursuant to 381
division (C) of this section and for the funds expended 382
attributable to each research project and for other necessary 383
expenses in conjunction with the research authorized by division 384
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(C) of this section. The report shall be filed with the general 385
assembly by the first day of May of each year. 386
(E) The county auditor may authorize agents to receive 388
applications for registration of dogs and kennels and to issue 389
certificates of registration and tags. If authorized agents are 390
employed in a county, each applicant for a dog or kennel 391
registration shall pay to the agent an administrative fee of 392
seventy-five cents in addition to the registration fee. The 393
administrative fee shall be the compensation of the agent. The 394
county auditor shall establish rules for reporting and accounting 395
by the agents. No administrative or similar fee shall be charged 397
in any county except as authorized by this division OR DIVISION 398
(F) OF THIS SECTION.
(F) FOR ANY COUNTY THAT ACCEPTS THE PAYMENT OF DOG AND 400
KENNEL REGISTRATION FEES BY FINANCIAL TRANSACTION DEVICES IN 401
ACCORDANCE WITH SECTION 955.013 OF THE REVISED CODE, IN ADDITION 402
TO THOSE REGISTRATION FEES, THE COUNTY AUDITOR SHALL COLLECT FOR 403
EACH REGISTRATION PAID BY A FINANCIAL TRANSACTION DEVICE ONE OF
THE FOLLOWING: 404
(1) AN ADMINISTRATIVE FEE OF SEVENTY-FIVE CENTS OR ANOTHER 406
AMOUNT NECESSARY TO COVER ACTUAL COSTS DESIGNATED BY THE COUNTY 407
AUDITOR;
(2) IF THE BOARD OF COUNTY COMMISSIONERS ADOPTS A 410
SURCHARGE OR CONVENIENCE FEE FOR MAKING PAYMENTS BY A FINANCIAL 411
TRANSACTION DEVICE UNDER DIVISION (E) OF SECTION 301.28 OF THE 412
REVISED CODE, THAT SURCHARGE OR CONVENIENCE FEE;
(3) IF THE COUNTY AUDITOR CONTRACTS WITH A THIRD PARTY TO 414
PROVIDE SERVICES TO ENABLE REGISTRATION VIA THE INTERNET AS 415
PROVIDED IN SECTION 955.013 OF THE REVISED CODE, A SURCHARGE OR 416
CONVENIENCE FEE AS AGREED TO BETWEEN THAT THIRD PARTY AND THE
COUNTY FOR THOSE INTERNET REGISTRATION SERVICES. ANY ADDITIONAL 417
EXPENSES INCURRED BY THE COUNTY AUDITOR THAT RESULT FROM A 418
CONTRACT WITH A THIRD PARTY AS PROVIDED IN THIS SECTION AND 419
SECTION 955.013 OF THE REVISED CODE AND THAT ARE NOT COVERED BY A 420
11
SURCHARGE OR CONVENIENCE FEE SHALL BE PAID OUT OF THE ALLOWANCE
PROVIDED TO THE COUNTY AUDITOR UNDER SECTION 955.20 OF THE 421
REVISED CODE.
(G) THE COUNTY AUDITOR SHALL POST CONSPICUOUSLY THE AMOUNT 423
OF THE ADMINISTRATIVE FEE, SURCHARGE, OR CONVENIENCE FEE THAT IS 424
PERMISSIBLE UNDER THIS SECTION ON THE WEB PAGE WHERE THE AUDITOR 425
ACCEPTS PAYMENTS FOR REGISTRATIONS MADE UNDER DIVISION (B)(1) OF 426
SECTION 955.013 OF THE REVISED CODE. IF ANY PERSON CHOOSES TO 427
PAY BY FINANCIAL TRANSACTION DEVICE, THE ADMINISTRATIVE FEE, 428
SURCHARGE, OR CONVENIENCE FEE SHALL BE CONSIDERED VOLUNTARY AND
IS NOT REFUNDABLE. 429
Sec. 955.20. The registration fees provided for in 438
sections 955.01 to 955.14 of the Revised Code constitute a 439
special fund known as "the dog and kennel fund,." which THE FEES 441
shall be deposited by the county auditor in the county treasury 442
daily as collected, and SHALL be used for the purpose of 443
defraying the cost of furnishing all blanks, records, tags, nets, 445
and other equipment, for the purpose of paying the compensation 446
of county dog wardens, deputies, poundkeepers, and other 447
employees necessary to carry out and enforce sections 955.01 to 448
955.261 of the Revised Code, and for the payment of animal claims 449
as provided in sections 955.29 to 955.38 of the Revised Code, and 450
in accordance with section 955.27 of the Revised Code. The board 451
of county commissioners, by resolution, shall appropriate 452
sufficient funds out of the dog and kennel fund, not more than 453
fifteen per cent of which shall be expended by the auditor for 454
registration tags, blanks, records, and clerk hire, for the 455
purpose of defraying the necessary expenses of registering, 456
seizing, impounding, and destroying dogs in accordance with 457
sections 955.01 to 955.27 of the Revised Code, AND FOR THE 458
PURPOSE OF COVERING ANY ADDITIONAL EXPENSES INCURRED BY THE 459
COUNTY AUDITOR AS AUTHORIZED BY DIVISION (F)(3) OF SECTION 955.14 460
OF THE REVISED CODE.
If the funds so appropriated in any calendar year are found 462
12
by the board to be insufficient to defray the necessary cost and 463
expense of the county dog warden in enforcing such sections 464
955.01 TO 955.27 OF THE REVISED CODE, the board, by resolution so 466
provided, after setting aside a sum equal to the total amount of 467
animal claims filed in that calendar year, or an amount equal to 468
the total amount of animal claims paid or allowed the preceding 469
year, whichever amount is larger, may appropriate further funds 470
for the use and purpose of the county dog warden in administering 471
THOSE sections 955.01 to 955.27 of the Revised Code. 472
Sec. 955.261. (A)(1) No person shall remove a dog that 481
has bitten any person from the county in which the bite occurred 482
until a quarantine period as specified in division (B) of this 483
section has been completed. No person shall transfer a dog that 484
has bitten any person until a quarentine QUARANTINE period as 485
specified in division (B) of this section has been completed, 486
except that a person may transfer the dog to the county dog 487
warden or to any other animal control authority. 488
(2)(a) Subject to division (A)(2)(b) of this section, no 490
person shall kill a dog that has bitten any person until a 491
quarantine period as specified in division (B) of this section 492
has been completed. 493
(b) Division (A)(2)(a) of this section does not apply to 495
the killing of a dog in order to prevent further injury or death 496
or if the dog is diseased or seriously injured. 497
(3) No person who has killed a dog that has bitten any 499
person in order to prevent further injury or death or if the dog 500
is diseased or seriously injured shall fail to do both of the 501
following: 502
(a) Immediately after the killing of the dog, notify the 504
board of health for the district in which the bite occurred of 505
the facts relative to the bite and the killing; 506
(b) Hold the body of the dog until that board of health 508
claims it to perform tests for rabies. 509
(B) The quarantine period for a dog that has bitten any 511
13
person shall be ten days or another period that the board of 512
health for the district in which the bite occurred determines is 513
necessary to observe the dog for rabies. 514
(C)(1) To enable persons to comply with the quarantine 516
requirements specified in divisions (A) and (B) of this section, 517
boards of health shall make provision for the quarantine of 518
individual dogs under the circumstances described in those 519
divisions. 520
(2) Upon the receipt of a notification pursuant to 522
division (A)(3) of this section that a dog that has bitten any 523
person has been killed, the board of health for the district in 524
which the bite occurred shall claim the body of the dog from its 525
killer and then perform tests on the body for rabies. 526
(D) THIS SECTION DOES NOT APPLY TO A POLICE DOG THAT HAS 528
BITTEN A PERSON WHILE THE POLICE DOG IS UNDER THE CARE OF A 529
LICENSED VETERINARIAN OR HAS BITTEN A PERSON WHILE THE POLICE DOG 530
IS BEING USED FOR LAW ENFORCEMENT, CORRECTIONS, PRISON OR JAIL 531
SECURITY, OR INVESTIGATIVE PURPOSES. IF, AFTER BITING A PERSON, 532
A POLICE DOG EXHIBITS ANY ABNORMAL BEHAVIOR, THE LAW ENFORCEMENT 533
AGENCY AND THE LAW ENFORCEMENT OFFICER THE POLICE DOG ASSISTS,
WITHIN A REASONABLE TIME AFTER THE PERSON IS BITTEN, SHALL MAKE 534
THE POLICE DOG AVAILABLE FOR THE BOARD OF HEALTH FOR THE DISTRICT 535
IN WHICH THE BITE OCCURRED TO PERFORM TESTS FOR RABIES. 536
(E) AS USED IN THIS SECTION, "POLICE DOG" HAS THE SAME 538
MEANING AS IN SECTION 2921.321 OF THE REVISED CODE. 539
Sec. 2921.321. (A) No person shall knowingly cause, or 548
attempt to cause, physical harm to a police dog or horse in 549
either of the following circumstances: 550
(1) The police dog or horse is assisting a law enforcement 552
officer in the performance of the officer's official duties at 554
the time the physical harm is caused or attempted. 555
(2) The police dog or horse is not assisting a law 557
enforcement officer in the performance of the officer's official 559
duties at the time the physical harm is caused or attempted, but 560
14
the offender has actual knowledge that the dog or horse is a 561
police dog or horse. 562
(B) NO PERSON SHALL RECKLESSLY DO ANY OF THE FOLLOWING: 564
(1) TAUNT, TORMENT, OR STRIKE A POLICE DOG OR HORSE; 566
(2) THROW AN OBJECT OR SUBSTANCE AT A POLICE DOG OR HORSE; 568
(3) INTERFERE WITH OR OBSTRUCT A POLICE DOG OR HORSE, OR 570
INTERFERE WITH OR OBSTRUCT A LAW ENFORCEMENT OFFICER ASSISTED BY 571
A POLICE DOG OR HORSE, IN A MANNER THAT DOES ANY OF THE 572
FOLLOWING:
(a) INHIBITS OR RESTRICTS THE LAW ENFORCEMENT OFFICER'S 574
CONTROL OF THE POLICE DOG OR HORSE; 576
(b) DEPRIVES THE LAW ENFORCEMENT OFFICER OF CONTROL OF THE 578
POLICE DOG OR HORSE; 580
(c) RELEASES THE POLICE DOG OR HORSE FROM ITS AREA OF 582
CONTROL; 583
(d) ENTERS THE AREA OF CONTROL OF THE POLICE DOG OR HORSE 585
WITHOUT THE CONSENT OF THE LAW ENFORCEMENT OFFICER, INCLUDING 587
PLACING FOOD OR ANY OTHER OBJECT OR SUBSTANCE INTO THAT AREA; 588
(4) ENGAGE IN ANY CONDUCT THAT IS LIKELY TO CAUSE SERIOUS 590
PHYSICAL INJURY OR DEATH TO A POLICE DOG OR HORSE. 591
(C) No person shall knowingly cause, or attempt to cause, 593
physical harm to a handicapped assistance dog in either of the 594
following circumstances: 595
(1) The handicapped assistance dog is assisting a blind, 597
deaf, or mobility impaired person at the time the physical harm 598
is caused or attempted. 599
(2) The handicapped assistance dog is not assisting a 601
blind, deaf, or mobility impaired person at the time the physical 602
harm is caused or attempted, but the offender has actual 603
knowledge that the dog is a handicapped assistance dog. 604
(C)(D)(1) Whoever violates division (A) of this section is 606
guilty of assaulting a police dog or horse. Except as otherwise 607
provided in this division, assaulting a police dog or horse is a 608
misdemeanor of the second degree. If the violation results in 610
15
the death of the dog or horse, assaulting a police dog or horse 611
is a felony of the fourth degree. If the violation results in 612
serious physical harm to the police dog or horse other than its 613
death, assaulting a police dog or horse is a felony of the fifth 614
degree. If the violation results in physical harm to the police 615
dog or horse other than death or serious physical harm, 616
assaulting a police dog or horse is a misdemeanor of the first 617
degree.
(2) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 619
GUILTY OF HARASSING A POLICE DOG OR HORSE. EXCEPT AS OTHERWISE 620
PROVIDED IN THIS DIVISION, HARASSING A POLICE DOG OR HORSE IS A 621
MISDEMEANOR OF THE SECOND DEGREE. IF THE VIOLATION RESULTS IN 622
THE DEATH OF THE POLICE DOG OR HORSE, HARASSING A POLICE DOG OR 623
HORSE IS A FELONY OF THE FOURTH DEGREE. IF THE VIOLATION RESULTS 624
IN SERIOUS PHYSICAL HARM TO THE POLICE DOG OR HORSE BUT DOES NOT 625
RESULT IN ITS DEATH, HARASSING A POLICE DOG OR HORSE IS A FELONY 626
OF THE FIFTH DEGREE. IF THE VIOLATION RESULTS IN PHYSICAL HARM 627
TO THE POLICE DOG OR HORSE BUT DOES NOT RESULT IN ITS DEATH OR IN 628
SERIOUS PHYSICAL HARM TO IT, HARASSING A POLICE DOG OR HORSE IS A 629
MISDEMEANOR OF THE FIRST DEGREE.
(3) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 631
RESPONSIBLE FOR THE PAYMENT OF ALL OF THE FOLLOWING: 632
(a) ANY VETERINARY BILLS OR BILLS FOR MEDICATION INCURRED 634
BY THE POLICE DEPARTMENT AS A RESULT OF THE VIOLATION; 635
(b) ANY DAMAGED EQUIPMENT THAT RESULT FROM THE VIOLATION; 637
(c) THE COST OF REPLACING THE POLICE DOG OR HORSE AND OF 639
ANY FURTHER TRAINING OF A NEW POLICE DOG OR HORSE BY A LAW 640
ENFORCEMENT OFFICER THAT IS REQUIRED BECAUSE OF THE DEATH OF OR 641
SERIOUS PHYSICAL HARM TO THE POLICE DOG OR HORSE THAT IS THE 642
SUBJECT OF THE VIOLATION.
(4) Whoever violates division (B)(C) of this section is 645
guilty of assaulting a handicapped assistance dog. Except as
otherwise provided in this division, assaulting a handicapped 646
assistance dog is a misdemeanor of the second degree. If the 647
16
violation results in the death of the dog, assaulting a 648
handicapped assistance dog is a felony of the fourth degree. If 650
the violation results in serious physical harm to the dog other
than its death, assaulting a handicapped assistance dog is a 651
felony of the fifth degree. If the violation results in physical 653
harm to the dog other than death or serious physical harm, 654
assaulting a handicapped assistance dog is a misdemeanor of the 655
first degree.
(D)(E) This section does not apply to a licensed 657
veterinarian whose conduct is in accordance with Chapter 4741. of 659
the Revised Code.
(E)(F) As used in this section: 661
(1) "Physical harm" means any injury, illness, or other 663
physiological impairment, regardless of its gravity or duration. 664
(2) "Police dog or horse" means a dog or horse that has 666
been trained, and may be used, to assist law enforcement officers 667
in the performance of their official duties. 668
(3) "Serious physical harm" means any of the following: 670
(a) Any physical harm that carries a substantial risk of 672
death;
(b) Any physical harm that causes permanent maiming or 674
that involves some temporary, substantial maiming; 675
(c) Any physical harm that causes acute pain of a duration 677
that results in substantial suffering. 678
(4) "Handicapped assistance dog" means a dog that serves 680
as a guide or leader for a blind person or as a listener for a 681
deaf person or that provides support or assistance for a mobility 682
impaired person. 683
(5) "Blind" and "mobility impaired person" have the same 685
meanings as in section 955.011 of the Revised Code. 686
Section 2. That existing sections 301.28, 955.07, 955.14, 688
955.20, 955.261, and 2921.321 of the Revised Code are hereby 689
repealed.