Section 1. That sections 955.02, 955.10, 955.12, 955.20, | 7 |
955.26, and 1901.183 be amended and sections 956.01, 956.02, | 8 |
956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.09, 956.10, | 9 |
956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 956.17, 956.18, | 10 |
956.19, 956.98, and 956.99 of the Revised Code be enacted to read | 11 |
as follows: | 12 |
Sec. 955.02. AAs used in this chapter, "dog kennel" or | 13 |
"kennel owner is a person, partnership, firm, company, or | 14 |
corporation professionally engaged in the business" means an | 15 |
establishment that, in any given year, keeps, houses, and | 16 |
maintains eight or fewer adult dogs, as defined in section 956.01 | 17 |
of the Revised Code, for the purpose of breeding the dogs for | 18 |
hunting or for a fee or other consideration received through a | 19 |
sale, auction, exchange, or lease and that is not a regulated dog | 20 |
breeding kennel licensed under Chapter 956. of the Revised Code. | 21 |
Sec. 955.10. No owner of a dog, except a dog constantly | 22 |
confined to a
registereddog kennel registered under this chapter | 23 |
or a regulated dog breeding kennel licensed under Chapter 956. of | 24 |
the Revised Code, shall fail to require the dog to wear, at all | 25 |
times, a
valid tag issued in connection with a certificate of | 26 |
registration. A dog's
failure at any time to wear a valid tag | 27 |
shall be prima-facie evidence of lack
of registration and shall | 28 |
subject any dog found not wearing such a tag to
impounding, sale, | 29 |
or destruction. | 30 |
The warden and deputies shall give bond in a sum not less | 36 |
than five hundred dollars and not more than two thousand dollars, | 37 |
as set by the board, conditioned for the faithful performance of | 38 |
their duties. The bond or bonds may, in the discretion of the | 39 |
board, be individual or blanket bonds. The bonds shall be filed | 40 |
with the county auditor of their respective counties. The warden | 41 |
and deputies shall make a record of all dogs owned, kept, and | 42 |
harbored in their respective counties. They shall patrol their | 43 |
respective counties and seize and impound on sight all dogs found | 44 |
running at large and all dogs more than three months of age found | 45 |
not wearing a valid registration tag, except any dog that wears a | 46 |
valid registration tag and is: on the premises of its owner, | 47 |
keeper, or harborer, under the reasonable control of its owner or | 48 |
some other person, hunting with its owner or its handler at a | 49 |
field trial, kept constantly confined in a registered dog kennel | 50 |
registered under this chapter or a regulated dog breeding kennel | 51 |
licensed under Chapter 956. of the Revised Code,
or acquired by, | 52 |
and confined on the premises of, an institution
or organization of | 53 |
the type described in section 955.16 of the
Revised Code. A dog | 54 |
that wears a valid registration tag may be
seized on the premises | 55 |
of its owner, keeper, or harborer and
impounded only in the event | 56 |
of a natural disaster. If a dog
warden has reason to believe that | 57 |
a dog is being treated
inhumanely on the premises of its owner, | 58 |
keeper, or harborer, the
warden shall apply to the court of common | 59 |
pleas for the county in
which the premises are located for an | 60 |
order to enter the
premises, and if necessary, seize the dog. If | 61 |
the court finds
probable cause to believe that the dog is being | 62 |
treated
inhumanely, it shall issue such an order. The warden and | 63 |
deputies shall also investigate all claims for damages to
animals, | 64 |
fowl, or poultry reported to them under section 955.29
of the | 65 |
Revised Code and assist claimants to fill out the claim
form | 66 |
therefor. They shall make weekly reports, in writing, to
the board | 67 |
in their respective counties of all dogs seized,
impounded, | 68 |
redeemed, and destroyed and of all claims for damage
to animals, | 69 |
fowl, or poultry inflicted by dogs. The | 70 |
The wardens and
deputies shall have the same police powers as | 71 |
are conferred upon
sheriffs and police officers in the performance | 72 |
of their duties
as prescribed by sections 955.01 to 955.27, 955.29 | 73 |
to 955.38, and
955.50 to 955.53 of the Revised Code. They shall | 74 |
also have power to summon
the assistance of bystanders in | 75 |
performing their duties and may
serve writs and other legal | 76 |
processes issued by any court in
their respective counties with | 77 |
reference to enforcing suchthose
sections. County auditors may | 78 |
deputize the wardens or deputies
to issue dog licenses as provided | 79 |
in sections 955.01 and 955.14
of the Revised Code. Whenever | 80 |
Whenever any person files an affidavit in a
court of | 81 |
competent jurisdiction that there is a dog running at
large that | 82 |
is not kept constantly confined either in a registered
dog kennel | 83 |
registered under this chapter or a regulated dog breeding kennel | 84 |
licensed under Chapter 956. of the Revised Code or on the premises | 85 |
of an institution or organization
of the type described in section | 86 |
955.16 of the Revised Code or
that a dog is kept or harbored in | 87 |
histhe warden's jurisdiction
without being
registered as required | 88 |
by law, the court shall immediately order
the warden to seize and | 89 |
impound the animal. Thereupon the warden
shall immediately seize | 90 |
and impound the dog complained of. The
warden shall give immediate | 91 |
notice by certified mail to the
owner, keeper, or harborer of the | 92 |
dog seized and impounded by
himthe warden, if the owner, keeper, | 93 |
or harborer can be
determined from the
current year's registration | 94 |
list maintained by the warden and the
county auditor of the county | 95 |
where the dog is registered, that
the dog has been impounded and | 96 |
that, unless the dog is redeemed
within fourteen days of the date | 97 |
of the notice, it may thereafter
be sold or destroyed according to | 98 |
law. If the owner, keeper, or
harborer cannot be determined from | 99 |
the current year's
registration list maintained by the warden and | 100 |
the county auditor
of the county where the dog is registered, the | 101 |
officer shall post
a notice in the pound or animal shelter both | 102 |
describing the dog
and place where seized and advising the unknown | 103 |
owner that,
unless the dog is redeemed within three days, it may | 104 |
thereafter
be sold or destroyed according to law. | 105 |
Sec. 955.20. The registration fees provided for in
sections | 106 |
955.01 to 955.14 of the Revised Code and money transferred to the | 107 |
county under section 956.06 of the Revised Code constitute a | 108 |
special fund
known as
"the dog and kennel fund."
The fees shall | 109 |
be
deposited
by the county auditor in the county treasury daily as | 110 |
collected
and. Money in the fund shall be used for the purpose of | 111 |
defraying the
cost of
furnishing all blanks, records, tags, nets, | 112 |
and other equipment,
for the purpose of paying the compensation of | 113 |
county dog wardens,
deputies, poundkeepers, and other employees | 114 |
necessary to carry
out
and enforce sections 955.01 to 955.261 of | 115 |
the Revised Code,
and
for the payment of animal claims as provided | 116 |
in sections
955.29 to
955.38 of the Revised Code, and in | 117 |
accordance with
section 955.27
of the Revised Code. The board of | 118 |
county
commissioners, by
resolution, shall appropriate sufficient | 119 |
funds
out of the dog and
kennel fund, not more than fifteen per | 120 |
cent of
which shall be
expended by the auditor for registration | 121 |
tags,
blanks, records,
and clerk hire, for the purpose of | 122 |
defraying the
necessary
expenses of registering, seizing, | 123 |
impounding, and
destroying dogs
in accordance with sections 955.01 | 124 |
to 955.27 of
the Revised Code,
and for the purpose of covering any | 125 |
additional
expenses incurred
by the county auditor as authorized | 126 |
by division
(F)(3) of section
955.14 of the Revised Code. | 127 |
If the funds so appropriated in any calendar year are found | 128 |
by the board to be insufficient to defray the necessary cost and | 129 |
expense of the county dog warden in enforcing sections
955.01 to | 130 |
955.27 of the Revised Code, the
board, by resolution so provided, | 131 |
after setting aside a sum equal
to the total amount of animal | 132 |
claims
paid orfiled in that calendar year,
or an amount equal to | 133 |
the
total amount of
animal claims paid or
allowed the preceding | 134 |
year,
whichever amount
is larger, may
appropriate further funds | 135 |
for the
use and purpose
of the county
dog warden in administering | 136 |
those
sections. | 137 |
Sec. 955.26. Whenever, in the judgment of the director of | 140 |
health, any city or general health district board of health, or | 141 |
persons performing the duties of a board of health, rabies is | 142 |
prevalent, the director of health, the board, or those persons | 143 |
shall declare a quarantine of all dogs in the health district or | 144 |
in a part of it. During the quarantine, the owner, keeper, or | 145 |
harborer of any dog shall keep it confined on the premises of the | 146 |
owner, keeper, or harborer, or in a suitable pound or, kennel, or | 147 |
other suitable place, at
the expense of the owner, keeper, or | 148 |
harborer, except that a dog
may be permitted to leave the premises | 149 |
of its owner, keeper, or
harborer if it is under leash or under | 150 |
the control of a
responsible person. The quarantine order shall be | 151 |
considered an
emergency and need not be published. | 152 |
(A) Notwithstanding
any monetary limitations in section | 179 |
1901.17 of the
Revised Code, in all actions and
proceedings for | 180 |
the sale of real or personal property under lien
of a judgment of | 181 |
the environmental division of the municipal
court, or a lien for | 182 |
machinery, material, fuel furnished, or
labor performed, | 183 |
irrespective of amount, and, in those cases,
the environmental | 184 |
division may proceed to foreclose and marshal
all liens and all | 185 |
vested or contingent rights, to appoint a
receiver, and to render | 186 |
personal judgment irrespective of amount
in favor of any party; | 187 |
(B) When in aid of execution of a judgment of the | 188 |
environmental
division of the municipal court, in all actions for | 189 |
the foreclosure of a
mortgage on real property given to
secure the | 190 |
payment of money, or the enforcement of a specific lien
for money | 191 |
or other encumbrance or charge on real property, when
the real | 192 |
property is situated within the territory, and, in those
cases, | 193 |
the environmental division may
proceed to foreclose all liens and | 194 |
all vested and contingent
rights and proceed to render judgments, | 195 |
and make findings and
orders, between the parties, in the same | 196 |
manner and to the same
extent as in similar cases in the court of | 197 |
common pleas; | 198 |
(D) In all actions
for injunction to prevent or terminate | 203 |
violations of the
ordinances and regulations of any municipal | 204 |
corporation within
its territory enacted or promulgated under the | 205 |
police power of
that municipal corporation pursuant to Section 3 | 206 |
of Article
XVIII, Ohio Constitution, over which the
court of | 207 |
common pleas has or may have jurisdiction, and, in
those cases, | 208 |
the environmental division of the municipal court
may proceed to | 209 |
render judgments, and make findings and orders, in
the same manner | 210 |
and to the same extent as in similar cases in
the court of common | 211 |
pleas; | 212 |
(E) In all actions for injunction to prevent or terminate | 213 |
violations of the resolutions and regulations of any political | 214 |
subdivision
within its territory enacted or promulgated under the | 215 |
power of that political
subdivision pursuant to Article X of the | 216 |
Ohio
Constitution, over which the court of common pleas has or may | 217 |
have
jurisdiction, and, in those cases, the environmental division | 218 |
of the municipal
court may proceed to render judgments, and make | 219 |
findings and orders, in the
same manner and to the same extent as | 220 |
in similar cases in the court of common
pleas; | 221 |
(F) In any civil
action to enforce any provision of Chapter | 222 |
3704., 3714., 3734.,
3737., 3767., or 6111. of the
Revised
Code | 223 |
over which the court of
common pleas has or may have jurisdiction, | 224 |
and, in those actions,
the environmental division of the municipal | 225 |
court may proceed to
render judgments, and make findings and | 226 |
orders, in the same
manner and to the same extent as in similar | 227 |
actions in the court
of common pleas; | 228 |
(I) In any review or appeal of any final order of any | 242 |
administrative officer, agency, board, department, tribunal, | 243 |
commission, or
other instrumentality that relates to a local | 244 |
building, housing, air
pollution, sanitation, health, fire, | 245 |
zoning, or safety code, ordinance, or
regulation, in the same | 246 |
manner and to the same extent as in similar appeals in
the court | 247 |
of common pleas; | 248 |
(B) "Animal rescue for dogs" means an individual or | 256 |
organization recognized by the department of agriculture that | 257 |
keeps, houses, and maintains dogs and that is dedicated to the | 258 |
welfare, health, safety, and protection of dogs following the | 259 |
seizure or removal of dogs by a dog warden appointed under Chapter | 260 |
955. of the Revised Code, by a humane society established under | 261 |
Chapter 1717. of the Revised Code, or by the department of | 262 |
agriculture under this chapter, provided that the individual or | 263 |
organization does not operate for profit and does not sell dogs. | 264 |
"Animal rescue for dogs" includes an individual or organization | 265 |
that offers dogs for adoption and charges reasonable adoption fees | 266 |
established by the director of agriculture under this chapter to | 267 |
cover the costs of the individual or organization, including, but | 268 |
not limited to, costs related to spaying or neutering dogs. | 269 |
(F) "Regulated dog intermediary" means a person who sells, | 288 |
offers to sell, exchanges, auctions, or offers for adoption more | 289 |
than twenty-five dogs annually in this state. For purposes of the | 290 |
definition of "regulated dog intermediary" and in calculating the | 291 |
twenty-five dog annual threshold, any puppies sold, offered for | 292 |
sale, exchanged, auctioned, or offered for adoption by the person | 293 |
that are born as a result of breeding a dog that is kept, housed, | 294 |
or maintained by the person for breeding purposes shall be | 295 |
excluded if the person keeps, houses, or maintains eight or fewer | 296 |
dogs for such breeding purposes. "Regulated dog intermediary" does | 297 |
not include an animal rescue for dogs, an animal shelter for dogs, | 298 |
a humane society established under Chapter 1717. of the Revised | 299 |
Code, a medical kennel for dogs, a research kennel for dogs, or a | 300 |
veterinarian. | 301 |
(A) Requirements and procedures governing regulated dog | 334 |
breeding kennels, including the licensing and inspection of and | 335 |
record keeping by regulated dog breeding kennels, in addition to | 336 |
the requirements and procedures established in this chapter. The | 337 |
rules shall require that a regulated dog breeding kennel be | 338 |
assigned a license number and that a regulated dog breeding kennel | 339 |
provide the license number and the applicable vendor number | 340 |
assigned by the department of taxation whenever it solicits | 341 |
business or it is solicited for business. In addition, the rules | 342 |
shall require any other person to provide such a vendor number | 343 |
when soliciting to sell an adult dog or a puppy or when solicited | 344 |
for such a sale. | 345 |
(B) Requirements and procedures for conducting background | 346 |
investigations of each applicant for a license issued under | 347 |
section 956.04 of the Revised Code in order to determine if the | 348 |
applicant has been convicted of or pleaded guilty to any of the | 349 |
violations specified in division (H) of that section. The rules | 350 |
shall provide that background investigations shall be conducted | 351 |
solely by the attorney general on behalf of the department of | 352 |
agriculture. The rules shall establish procedures for annually | 353 |
updating background investigation information regarding an | 354 |
applicant after an initial background investigation has been | 355 |
conducted with respect to an initial application for a license | 356 |
submitted under that section. | 357 |
(E) A requirement that each regulated dog breeding kennel | 370 |
submit to the director, with an application for a regulated dog | 371 |
breeding kennel license, evidence of insurance or, in the | 372 |
alternative, evidence of a surety bond payable to the department | 373 |
of agriculture to ensure compliance with this chapter and rules | 374 |
adopted under it. The rules adopted under this division shall | 375 |
apply only to a regulated dog breeding kennel that keeps, houses, | 376 |
and maintains more than fifteen adult dogs. The face value of the | 377 |
insurance coverage or bond shall be in the following amounts: | 378 |
(H) A requirement that a retailer or direct seller of a puppy | 401 |
or adult dog provide to the purchaser the complete name, address, | 402 |
and telephone number of all regulated dog breeding kennels, | 403 |
regulated dog intermediaries, and private owners that kept, | 404 |
housed, or maintained the puppy or adult dog prior to its coming | 405 |
into the possession of the retailer or direct seller, or proof | 406 |
that the puppy or adult dog was acquired through an animal rescue | 407 |
for dogs, animal shelter for dogs, or humane society established | 408 |
under Chapter 1717. of the Revised Code, or an interstate health | 409 |
certificate pertaining to the puppy or adult dog; | 410 |
(B) In determining whether an establishment is a regulated | 425 |
dog breeding kennel requiring a license under this chapter, the | 426 |
director shall determine if, in any given year, the establishment | 427 |
keeps, houses, and maintains nine or more adult dogs for the | 428 |
purpose of breeding the dogs for a fee or other consideration | 429 |
through a sale, auction, exchange, or lease. Any dogs that are | 430 |
kept, housed, or maintained for the purpose of the companionship | 431 |
of the owner, to be shown by the owner, or for the purpose of | 432 |
hunting or sledding and not for breeding for a fee or other | 433 |
consideration shall not be counted. The burden shall be on the | 434 |
owner or operator of the establishment to prove the purpose for | 435 |
which dogs are kept, housed, and maintained and that the dogs | 436 |
should not be counted for the purpose of determining that the | 437 |
establishment is a regulated dog breeding kennel. | 438 |
(H) No person shall operate a regulated dog breeding kennel | 489 |
who has been convicted of or pleaded guilty to violating section | 490 |
959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the | 491 |
Revised Code or an equivalent municipal ordinance, law of another | 492 |
state, or law of the federal government or has been convicted of | 493 |
or pleaded guilty to violating more than once section 2919.25 of | 494 |
the Revised Code or an equivalent municipal ordinance, law of | 495 |
another state, or law of the federal government. | 496 |
(B) A person who is proposing to act as or perform the | 506 |
functions of a regulated dog intermediary shall submit an | 507 |
application for a license to the director. During the month of | 508 |
December, but before the first day of January of the next year, a | 509 |
person who is proposing to continue to act as or perform the | 510 |
functions of a regulated dog intermediary shall obtain a license | 511 |
from the director for the following year. The person shall submit | 512 |
the application to the director on or before the last day of | 513 |
October of the year preceding the year for which the license is | 514 |
sought. | 515 |
(D) No person shall act as or perform the functions of a | 523 |
regulated dog intermediary who has been convicted of or pleaded | 524 |
guilty to violating section 959.01, 959.02, 959.03, 959.13, | 525 |
959.131, 959.15, or 959.16 of the Revised Code or an equivalent | 526 |
municipal ordinance, law of another state, or law of the federal | 527 |
government or has been convicted of or pleaded guilty to violating | 528 |
more than once section 2919.25 of the Revised Code or an | 529 |
equivalent municipal ordinance, law of another state, or law of | 530 |
the federal government. | 531 |
(B) Money collected by the director of agriculture from | 551 |
application fees submitted under this section shall be transmitted | 552 |
by the director to the treasurer of state to be credited to the | 553 |
regulated dog breeding kennel control license fund created in | 554 |
section 956.16 of the Revised Code. However, the treasurer shall | 555 |
transfer to the county in which a regulated dog breeding kennel is | 556 |
or will be located fifty dollars of the application fee received | 557 |
from the person who is applying for a license to operate the | 558 |
regulated dog breeding kennel or an amount equal to the fee | 559 |
charged on January 1, 2006, by the county for the registration of | 560 |
a kennel under section 955.04 of the Revised Code, whichever is | 561 |
greater. The county auditor shall deposit the money in the | 562 |
county's dog and kennel fund created in accordance with section | 563 |
955.20 of the Revised Code. | 564 |
Sec. 956.08. The director of agriculture shall appoint kennel | 648 |
control enforcement inspectors for the purpose of enforcing the | 649 |
requirements and standards established by this chapter and rules | 650 |
adopted under it and to act as authorized agents of the director. | 651 |
Inspectors shall serve at the pleasure of the director and shall | 652 |
be employees of the dog breeding kennel control authority created | 653 |
in section 956.02 of the Revised Code. Inspectors may issue | 654 |
citations and orders that are necessary to enforce this chapter | 655 |
and rules adopted under it. The director shall provide each kennel | 656 |
control enforcement inspector with an identifying badge and an | 657 |
official uniform. | 658 |
Sec. 956.09. (A) At least once biennially, the director of | 659 |
agriculture or the director's authorized representative shall | 660 |
inspect a regulated dog breeding kennel that is subject to | 661 |
licensure under this chapter and rules adopted under section | 662 |
956.03 of the Revised Code to ensure compliance with this chapter | 663 |
and rules adopted under it, including, but not limited to, the | 664 |
standards of care established in section 956.07 of the Revised | 665 |
Code. Inspections shall be conducted without prior notification to | 666 |
the licensee or persons associated with the licensee. In addition, | 667 |
upon the request of a member of the public, a public official, an | 668 |
animal rescue for dogs, or an animal shelter for dogs, the | 669 |
director or the director's authorized representative shall inspect | 670 |
any facility at which a person is acting as or performing the | 671 |
functions of a regulated dog intermediary to ensure such | 672 |
compliance. | 673 |
(B) The director or the director's authorized representative, | 678 |
upon proper identification and upon stating the purpose and | 679 |
necessity of an inspection, may enter at reasonable times on any | 680 |
public or private property, real or personal, to inspect or | 681 |
investigate and to examine or copy records in order to determine | 682 |
compliance with this chapter and rules adopted under it. The | 683 |
director, the director's authorized representative, or the | 684 |
attorney general upon the request of the director may apply to the | 685 |
environmental division of the Franklin county municipal court for | 686 |
an appropriate court order or search warrant as necessary to | 687 |
achieve the purposes of this chapter and rules adopted under it. A | 688 |
judge of that court may issue such a warrant. | 689 |
(D) If entry that is authorized by division (B) of this | 699 |
section is refused or if an inspection or investigation is | 700 |
refused, hindered, or thwarted by intimidation or otherwise and if | 701 |
the director, an authorized representative of the director, or the | 702 |
attorney general applies for and obtains a court order or a search | 703 |
warrant under division (B) of this section to conduct the | 704 |
inspection or investigation, the owner or operator of the premises | 705 |
where entry was refused or inspection or investigation was | 706 |
refused, hindered, or thwarted is liable to the director for the | 707 |
reasonable costs incurred by the director for the regular salaries | 708 |
and fringe benefit costs of personnel assigned to conduct the | 709 |
inspection or investigation from the time the entry, inspection, | 710 |
or investigation was refused, hindered, or thwarted until the | 711 |
court order or search warrant is executed; for the salary, fringe | 712 |
benefits, and travel expenses of the director, an authorized | 713 |
representative of the director, or the attorney general incurred | 714 |
in obtaining the court order or search warrant; and for expenses | 715 |
necessarily incurred for the assistance of local law enforcement | 716 |
officers in executing the court order or search warrant. In the | 717 |
application for a court order or a search warrant, the director, | 718 |
the director's authorized representative, or the attorney general | 719 |
may request and the environmental division of the Franklin county | 720 |
municipal court, in its order granting the court order or search | 721 |
warrant, may order the owner or operator of the premises to | 722 |
reimburse the director for any of those costs that the court finds | 723 |
reasonable. From money recovered under this division, the director | 724 |
shall reimburse the attorney general for the costs incurred by the | 725 |
attorney general in connection with proceedings for obtaining the | 726 |
court order or search warrant, shall reimburse the political | 727 |
subdivision in which the premises is located for the assistance of | 728 |
its law enforcement officers in executing the court order or | 729 |
search warrant, and shall deposit the remainder in the state | 730 |
treasury to the credit of the regulated dog breeding kennel | 731 |
control license fund created in section 956.16 of the Revised | 732 |
Code. | 733 |
(E) A dog warden appointed under Chapter 955. of the Revised | 734 |
Code or an agent of a humane society established under Chapter | 735 |
1717. of the Revised Code entering on public or private property | 736 |
to make investigations and inspections in accordance with Chapter | 737 |
955. or 1717. of the Revised Code, as applicable, shall report any | 738 |
violations of this chapter and rules adopted under it to the | 739 |
director or a kennel control enforcement inspector and may examine | 740 |
and copy any records that are required to be maintained under | 741 |
rules adopted under this chapter. | 742 |
(C) The owner or operator of the applicable regulated dog | 759 |
breeding kennel or the person acting as or performing the | 760 |
functions of a regulated dog intermediary may appeal the | 761 |
determination made at the adjudication hearing in accordance with | 762 |
section 119.12 of the Revised Code, except that the appeal may | 763 |
only be made to the environmental division of the Franklin county | 764 |
municipal court. If a dog has been impounded and the owner or | 765 |
operator of the applicable regulated dog breeding kennel or the | 766 |
person acting as or performing the functions of a regulated dog | 767 |
intermediary appeals the determination made at an adjudication | 768 |
hearing, that person shall file an appeal bond that is sufficient | 769 |
to cover the costs of keeping, housing, and maintaining the dog in | 770 |
a manner and amount to be determined by the environmental division | 771 |
of the Franklin county municipal court. | 772 |
(D) The director may enter into contracts or agreements with | 773 |
an animal rescue for dogs, an animal shelter for dogs, a | 774 |
veterinarian, a dog warden appointed under Chapter 955. of the | 775 |
Revised Code, or a humane society established under Chapter 1717. | 776 |
of the Revised Code for the purpose of keeping, housing, and | 777 |
maintaining dogs that are impounded under this section. If, after | 778 |
the final disposition of an adjudication hearing and any appeals | 779 |
from that adjudication hearing, it is determined that a dog shall | 780 |
be permanently relinquished to the custody of the department, the | 781 |
dog may be adopted directly from the animal rescue for dogs, | 782 |
animal shelter for dogs, veterinarian, dog warden, or humane | 783 |
society where it is being kept, housed, and maintained. The animal | 784 |
rescue for dogs, animal shelter for dogs, veterinarian, dog | 785 |
warden, or humane society may charge a reasonable adoption fee. | 786 |
The fee shall be at least sufficient to cover the costs of spaying | 787 |
or neutering the dog unless it is medically contraindicated. | 788 |
Sec. 956.11. If the director of agriculture or the | 789 |
director's authorized representative determines that a person has | 790 |
violated, is violating, or is threatening to violate this chapter | 791 |
or rules adopted under it, the director may issue and cause to be | 792 |
served by certified mail or personal service a citation of | 793 |
violation and an order requiring the person to cease the acts or | 794 |
practices appearing to the director or the director's authorized | 795 |
representative to constitute a violation of this chapter or rules | 796 |
adopted under it or requiring the person to take corrective | 797 |
actions to eliminate the conditions appearing to the director or | 798 |
the director's authorized representative to constitute a violation | 799 |
of this chapter and rules adopted under it. The order shall state | 800 |
specifically the provision or provisions of this chapter or the | 801 |
rule or rules adopted under this chapter that appear to the | 802 |
director or the director's authorized representative to have been | 803 |
violated or threatened to be violated and the facts constituting | 804 |
the violation or threatened violation, the actions that the person | 805 |
must take to correct the deficiencies, and the time period within | 806 |
which the person must correct the violations. | 807 |
Sec. 956.13. The attorney general, upon the request of the | 850 |
director of agriculture, may bring an action for injunction | 851 |
against a person who has violated, is violating, or is threatening | 852 |
to violate this chapter, rules adopted under it, or an order | 853 |
issued under section 956.11 of the Revised Code. An action for | 854 |
injunction shall be filed in the environmental division of the | 855 |
Franklin county municipal court, which shall have exclusive | 856 |
jurisdiction to grant preliminary and permanent injunctive relief | 857 |
under this chapter. The environmental division of the Franklin | 858 |
county municipal court shall grant such injunctive relief upon a | 859 |
showing that the person against whom the action is brought has | 860 |
violated, is violating, or is threatening to violate this chapter, | 861 |
rules adopted under it, or an order issued under it. The court | 862 |
shall give precedence to such an action over all other cases. | 863 |
(2) The applicant has been convicted of or pleaded guilty to | 869 |
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, | 870 |
or 959.16 of the Revised Code or an equivalent municipal | 871 |
ordinance, law of another state, or law of the federal government | 872 |
or has been convicted of or pleaded guilty to violating more than | 873 |
once section 2919.25 of the Revised Code or an equivalent | 874 |
municipal ordinance, law of another state, or law of the federal | 875 |
government. | 876 |
(C) An application or a license shall not be denied, | 883 |
suspended, or revoked under this section without a written order | 884 |
of the director stating the findings on which the denial, | 885 |
suspension, or revocation is based. A copy of the order shall be | 886 |
sent to the applicant or license holder by certified mail or may | 887 |
be provided to the applicant or license holder by personal | 888 |
service. In addition, the person to whom a denial, suspension, or | 889 |
revocation applies may request an adjudication hearing under | 890 |
Chapter 119. of the Revised Code. The director shall comply with | 891 |
such a request. The determination of the director at an | 892 |
adjudication hearing may be appealed in accordance with section | 893 |
119.12 of the Revised Code, except that the determination may only | 894 |
be appealed to the environmental division of the Franklin county | 895 |
municipal court. | 896 |
Sec. 956.15. The director of agriculture, the director's | 897 |
authorized representative, or the attorney general may require the | 898 |
attendance of witnesses and the production of books, records, | 899 |
papers, and dogs that are needed either by the director or the | 900 |
attorney general or by any party to a hearing before the director | 901 |
and for that purpose may issue a subpoena for any witness or a | 902 |
subpoena duces tecum to compel the production of any books, | 903 |
records, papers, or dogs. The subpoena shall be served by personal | 904 |
service or by certified mail. If the subpoena is returned because | 905 |
of inability to deliver, or if no return is received within thirty | 906 |
days after the date of mailing, the subpoena may be served by | 907 |
ordinary mail. If no return of ordinary mail is received within | 908 |
thirty days after the date of mailing, service shall be deemed to | 909 |
have been made. If the subpoena is returned because of inability | 910 |
to deliver, the director or the attorney general may designate a | 911 |
person or persons to effect either personal or residence service | 912 |
on the witness. The person designated to effect personal or | 913 |
residence service under this section may be the sheriff of the | 914 |
county in which the witness resides or may be found or any other | 915 |
duly designated person. The fees and mileage of the person serving | 916 |
the subpoena shall be the same as those allowed by the courts of | 917 |
common pleas in criminal cases and shall be paid from the funds of | 918 |
the department of agriculture. Fees and mileage for the witness | 919 |
shall be the same as those allowed for witnesses by the courts of | 920 |
common pleas in criminal cases and shall be paid from the funds of | 921 |
the department upon request of the witness following the hearing. | 922 |
Initial appointments to the commission shall be made not | 947 |
later than sixty days after the effective date of this section. | 948 |
Terms of office of the members appointed by the president of the | 949 |
senate and the speaker of the house of representatives shall | 950 |
coincide with their terms of office as members of the senate and | 951 |
the house of representatives, as applicable. Of the initial | 952 |
appointments made by the governor, two shall be for one-year | 953 |
terms, three shall be for two-year terms, and three shall be for | 954 |
three-year terms. Thereafter, terms of office of members appointed | 955 |
by the governor shall be three years, with each term ending on the | 956 |
same day of the same month as did the term that it succeeds. Each | 957 |
member shall hold office from the date of appointment until the | 958 |
end of the term for which the member was appointed. Members may be | 959 |
reappointed. Vacancies shall be filled in the manner provided for | 960 |
the original appointments. Any member appointed to fill a vacancy | 961 |
occurring prior to the expiration date of the term for which the | 962 |
member's predecessor was appointed shall hold office for the | 963 |
remainder of the term. A member shall continue in office | 964 |
subsequent to the expiration date of the member's term until the | 965 |
member's successor takes office or until a period of sixty days | 966 |
has elapsed, whichever occurs first. | 967 |
(B) The governor shall select a chairperson from among the | 968 |
commission's members. A majority of the members of the commission | 969 |
constitutes a quorum. The commission shall meet at least four | 970 |
times a year in Columbus or at other locations selected by the | 971 |
chairperson. The chairperson shall determine the agenda for each | 972 |
meeting of the commission. However, if the member appointed by the | 973 |
president of the senate and the member appointed by the speaker of | 974 |
the house of representatives jointly request in writing that an | 975 |
item be placed on the agenda for a meeting of the commission, the | 976 |
chairperson shall place the item on the agenda at the commission's | 977 |
next regularly scheduled meeting occurring more than ten days | 978 |
after the request has been made. | 979 |
(C) The commission shall provide oversight and evaluation of | 984 |
the administration of this chapter and rules adopted under it, | 985 |
including the operation of the dog breeding kennel control | 986 |
authority created in section 956.02 of the Revised Code. The | 987 |
oversight and evaluation may include, but not be limited to, a | 988 |
determination of whether this chapter and rules adopted under it | 989 |
and the operation of the authority have resulted in the prevention | 990 |
of cruelty to and abuse of dogs and an evaluation of the sanctions | 991 |
imposed on violators of this chapter and rules adopted under it. | 992 |
In addition, the commission may make recommendations to the | 993 |
director of agriculture for changes to the administration of this | 994 |
chapter and rules adopted under it and to the general assembly for | 995 |
changes to this chapter that the commission considers necessary | 996 |
for the effective enforcement of this chapter and rules adopted | 997 |
under it. The commission has the right to inspect records kept by | 998 |
the dog breeding kennel control authority and to interview kennel | 999 |
control enforcement inspectors. The commission, by the | 1000 |
thirty-first day of December each year, shall issue a report of | 1001 |
its findings and submit it to the director of agriculture, the | 1002 |
president of the senate, and the speaker of the house of | 1003 |
representatives. | 1004 |
(2) A money-back guarantee that is valid for not less than | 1013 |
twenty-one days after the date of purchase of the dog. The | 1014 |
guarantee shall authorize the purchaser of the dog to receive the | 1015 |
purchase price of the dog from the pet store within that | 1016 |
twenty-one-day period if the purchaser presents a statement to the | 1017 |
pet store from a veterinarian who has examined the dog within | 1018 |
fourteen days of the purchase of the dog that the dog has a | 1019 |
significant disease, illness, or injury that was in existence at | 1020 |
the time of the purchase of the dog. | 1021 |
(C) At a time prior to the sale of a dog, a pet store shall | 1027 |
provide the name, complete address, and telephone number of the | 1028 |
breeder that bred the dog, the regulated dog breeding kennel where | 1029 |
the dog was kept, housed, and maintained, and the regulated dog | 1030 |
intermediary from whom the pet store acquired the dog, as | 1031 |
applicable. The pet store also shall provide the telephone number | 1032 |
and the address of the department of agriculture. | 1033 |
(E) A pet store that fails to comply with division (A)(1) of | 1035 |
this section with respect to the sale of a dog or a pet store that | 1036 |
fails to refund the purchase price of a dog in accordance with | 1037 |
division (A)(2) of this section is liable to the purchaser of the | 1038 |
dog for an amount that is equal to three times the purchase price | 1039 |
of the dog plus any veterinary expenses of not more than five | 1040 |
hundred dollars that are incurred by the purchaser within one year | 1041 |
after the date of the purchase of the dog. The pet store also is | 1042 |
liable for any attorney fees and costs incurred by the purchaser. | 1043 |
In addition, the buyer of the dog may keep the dog. | 1044 |