As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 281

Representative Schlichter 

Cosponsors: Representatives Gibbs, McGregor, J., Brown, Wagoner, Combs, Webster, Stebelton, Collier, Aslanides 

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A BILL

To amend sections 955.12, 955.14, 955.27, 955.29,

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955.32, 955.34, 955.35, 955.37, and 955.38; to

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amend, for the purpose of adopting a new section

3

number as indicated in parentheses, section 955.34

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(955.351); and to repeal sections 955.31 and

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955.33 of the Revised Code to provide for the

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uniform determination of the fair market value of

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certain animals killed by a dog.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 955.12, 955.14, 955.27, 955.29,	9
955.32, 955.34, 955.35, 955.37, and 955.38 be amended and section	10
955.34 (955.351) of the Revised Code be amended for the purpose of	11
adopting a new section number as indicated in parentheses to read	12
as follows:	13

Sec. 955.12.  The board of county commissioners shall appoint	14
or employ a county dog warden and deputies in such number, for	15
such periods of time, and at such compensation as the board	16
considers necessary to enforce sections 955.01 to 955.27, 955.29	17
to 955.38, and 955.50 of the Revised Code.	18

The warden and deputies shall give bond in a sum not less	19
than five hundred dollars and not more than two thousand dollars,	20
as set by the board, conditioned for the faithful performance of	21
their duties. The bond or bonds may, in the discretion of the	22
board, be individual or blanket bonds. The bonds shall be filed	23
with the county auditor of their respective counties. The	24

The warden and deputies shall make a record of all dogs	25
owned, kept, and harbored in their respective counties. They shall	26
patrol their respective counties and seize and impound on sight	27
all dogs found running at large and all dogs more than three	28
months of age found not wearing a valid registration tag, except	29
any dog that wears a valid registration tag and is: on the	30
premises of its owner, keeper, or harborer, under the reasonable	31
control of its owner or some other person, hunting with its owner	32
or its handler at a field trial, kept constantly confined in a	33
registered dog kennel, or acquired by, and confined on the	34
premises of, an institution or organization of the type described	35
in section 955.16 of the Revised Code. A dog that wears a valid	36
registration tag may be seized on the premises of its owner,	37
keeper, or harborer and impounded only in the event of a natural	38
disaster. If	39

If a dog warden has reason to believe that a dog is being	40
treated inhumanely on the premises of its owner, keeper, or	41
harborer, the warden shall apply to the court of common pleas for	42
the county in which the premises are located for an order to enter	43
the premises, and if necessary, seize the dog. If the court finds	44
probable cause to believe that the dog is being treated	45
inhumanely, it shall issue such an order. The	46

The warden and deputies shall also investigate all claims for	47
damages to animals, fowl, or poultry reported to them under	48
section 955.29 of the Revised Code and assist claimants to fill	49
out the claim form therefor. They shall make weekly reports, in	50
writing, to the board in their respective counties of all dogs	51
seized, impounded, redeemed, and destroyed and of all claims for	52
damage to animals, fowl, or poultry inflicted by dogs. The	53

The wardens and deputies shall have the same police powers as	54
are conferred upon sheriffs and police officers in the performance	55
of their duties as prescribed by sections 955.01 to 955.27, 955.29	56
to 955.38, and 955.50 of the Revised Code. They shall also have	57
power to summon the assistance of bystanders in performing their	58
duties and may serve writs and other legal processes issued by any	59
court in their respective counties with reference to enforcing	60
suchthose sections. County auditors may deputize the wardens or	61
deputies to issue dog licenses as provided in sections 955.01 and	62
955.14 of the Revised Code. Whenever	63

Whenever any person files an affidavit in a court of	64
competent jurisdiction that there is a dog running at large that	65
is not kept constantly confined either in a registered dog kennel	66
or on the premises of an institution or organization of the type	67
described in section 955.16 of the Revised Code or that a dog is	68
kept or harbored in histhe warden's jurisdiction without being	69
registered as required by law, the court shall immediately order	70
the warden to seize and impound the animaldog. Thereupon the	71
warden shall immediately seize and impound the dog complained of.	72
The warden shall give immediate notice by certified mail to the	73
owner, keeper, or harborer of the dog seized and impounded by him	74
the warden, if the owner, keeper, or harborer can be determined	75
from the current year's registration list maintained by the warden	76
and the county auditor of the county where the dog is registered,	77
that the dog has been impounded and that, unless the dog is	78
redeemed within fourteen days of the date of the notice, it may	79
thereafter be sold or destroyed according to law. If the owner,	80
keeper, or harborer cannot be determined from the current year's	81
registration list maintained by the warden and the county auditor	82
of the county where the dog is registered, the officer shall post	83
a notice in the pound or animal shelter both describing the dog	84
and place where seized and advising the unknown owner that, unless	85
the dog is redeemed within three days, it may thereafter be sold	86
or destroyed according to law.	87

As used in this section, "animal" has the same meaning as in	88
section 955.51 of the Revised Code.	89

Sec. 955.14.  (A) Notwithstanding section 955.01 of the	90
Revised Code, a board of county commissioners by resolution may	91
increase dog and kennel registration fees in the county. The	92
amount of the fees shall not exceed an amount that the board, in	93
its discretion, estimates is needed to pay all expenses for the	94
administration of this chapter and to pay claims allowed for	95
animals, fowl, or poultry injured or destroyed by dogs. Such a	96
resolution shall be adopted not earlier than the first day of	97
February and not later than the thirty-first day of August of any	98
year and shall apply to the registration period commencing on the	99
first day of December of the current year and ending on the	100
thirty-first day of January of the following year, unless the	101
period is extended under section 955.01 of the Revised Code. Any	102
increase in fees adopted under this division shall be in the ratio	103
of two dollars for a dog registration fee and ten dollars for a	104
kennel registration fee.	105

(B) Not later than the fifteenth day of October of each year,	106
the board of county commissioners shall determine if there is	107
sufficient money in the dog and kennel fund, after paying the	108
expenses of administration incurred or estimated to be incurred	109
for the remainder of the year, to pay the claims allowed for	110
animals, fowl, or poultry injured or destroyed by dogs. If the	111
board determines there is not sufficient money in the dog and	112
kennel fund to pay the claims allowed, the board shall provide by	113
resolution that all claims remaining unpaid shall be paid from the	114
general fund of the county. All money paid out of the general fund	115
for those purposes may be replaced by the board from the dog and	116
kennel fund at any time during the following year notwithstanding	117
section 5705.14 of the Revised Code.	118

(C) Notwithstanding section 955.20 of the Revised Code, if	119
dog and kennel registration fees in any county are increased above	120
two and ten dollars, respectively, under authority of division (A)	121
of this section, then on or before the first day of March	122
following each year in which the increased fees are in effect, the	123
county auditor shall draw on the dog and kennel fund a warrant	124
payable to the college of veterinary medicine of the Ohio state	125
university in an amount equal to ten cents for each dog and kennel	126
registration fee received during the preceding year. The money	127
received by the college of veterinary medicine of the Ohio state	128
university under this division shall be applied for research and	129
study of the diseases of dogs, particularly those transmittable to	130
humans, and for research of other diseases of dogs that by their	131
nature will provide results applicable to the prevention and	132
treatment of both human and canine illness.	133

(D) The Ohio state university college of veterinary medicine	134
shall be responsible to report annually to the general assembly	135
the progress of the research and study authorized and funded by	136
division (C) of this section. The report shall briefly describe	137
the research projects undertaken and assess the value of each. The	138
report shall account for funds received pursuant to division (C)	139
of this section and for the funds expended attributable to each	140
research project and for other necessary expenses in conjunction	141
with the research authorized by division (C) of this section. The	142
report shall be filed with the general assembly by the first day	143
of May of each year.	144

(E) The county auditor may authorize agents to receive	145
applications for registration of dogs and kennels and to issue	146
certificates of registration and tags. If authorized agents are	147
employed in a county, each applicant for a dog or kennel	148
registration shall pay to the agent an administrative fee of	149
seventy-five cents in addition to the registration fee. The	150
administrative fee shall be the compensation of the agent. The	151
county auditor shall establish rules for reporting and accounting	152
by the agents. No administrative or similar fee shall be charged	153
in any county except as authorized by this division or division	154
(F) of this section.	155

(F) For any county that accepts the payment of dog and kennel	156
registration fees by financial transaction devices in accordance	157
with section 955.013 of the Revised Code, in addition to those	158
registration fees, the county auditor shall collect for each	159
registration paid by a financial transaction device one of the	160
following:	161

(1) An administrative fee of seventy-five cents or another	162
amount necessary to cover actual costs designated by the county	163
auditor;	164

(2) If the board of county commissioners adopts a surcharge	165
or convenience fee for making payments by a financial transaction	166
device under division (E) of section 301.28 of the Revised Code,	167
that surcharge or convenience fee;	168

(3) If the county auditor contracts with a third party to	169
provide services to enable registration via the internet as	170
provided insectionin section 955.013 of the Revised Code, a	171
surcharge ofor convenience fee as agreed to between that third	172
party and the county for those internet registration services. Any	173
additional expenses incurred by the county auditor that result	174
from a contract with a third party as provided in this section and	175
section 955.013 of the Revised Code and that are not covered by a	176
surcharge or convenience fee shall be paid out of the allowance	177
provided to the county auditor under section 955.20 of the Revised	178
Code.	179

(G) The county auditor shall post conspicuously the amount of	180
the administrative fee, surcharge, or convenience fee that is	181
permissible under this section on the web page where the auditor	182
accepts payments for registrations made under division (B)(1) of	183
section 955.013 of the Revised Code, if. If any person chooses to	184
pay by financial transaction device, the administrative fee,	185
surcharge, or convenience fee shall be considered voluntary and is	186
not refundable.	187

(H) As used in this section, "animal" has the same meaning as	188
in section 955.51 of the Revised Code.	189

Sec. 955.27.  After paying all necessary expenses of	190
administering the sections of the Revised Code relating to the	191
registration, seizing, impounding, and destroying of dogs,	192
including the purchase, construction, and repair of vehicles and	193
facilities necessary for the proper administration of such	194
sections, making compensation for injuries to livestock inflicted	195
by dogs, and after paying all horse, sheep, cattle, swine, mule	196
and goatanimal claims, the board of county commissioners, at the	197
December session, if there remains more than two thousand dollars	198
in the dog and kennel fund for suchthat year in a county in which	199
there is a society for the prevention of cruelty to children and	200
animals, incorporated and organized by law, and having one or more	201
agents appointed pursuant to law, or any other society organized	202
under Chapter 1717. of the Revised Code, that owns or controls a	203
suitable dog kennel or a place for the keeping and destroying of	204
dogs whichthat has one or more agents appointed and employed	205
pursuant to law, may pay to the treasurer of suchthe society,	206
upon warrant of the county auditor, all such excess as the board	207
deems necessary for the uses and purposes of suchthe society.	208

As used in this section, "animal" has the same meaning as in	209
section 955.51 of the Revised Code.	210

Sec. 955.29.  Any owner of horses, sheep, cattle, swine,	211
mules, goats, domestic rabbits, or domestic fowl or poultryan	212
animal that have an aggregatethe owner believes has a fair market	213
value of ten dollars or more and that havehas been injured or	214
killed by a dog not belonging to the owner or harbored on histhe	215
owner's premises, in order to be eligible to receive compensation	216
from the dog and kennel fund, shall notify a member of the board	217
of county commissioners or dog warden within three days after the	218
loss or injury has been discovered. A commissioner who is notified	219
shall immediately notify the dog warden of the loss or injury. The	220
warden shall investigate or have the loss or injury investigated	221
promptly, and the person making the investigation shall provide	222
the owner with duplicate copies of the claim form authorized by	223
section 955.36 of the Revised Code and assist himthe owner in	224
filling it out. The	225

The owner shall set forth the kind, grade, quality, and fair	226
market value of the animals, fowl, or poultry,animal, as	227
estimated by the owner, the nature and amount of the loss or	228
injury, the place where the loss or injury occurred, and all other	229
facts in the possession of the claimant that will enable the	230
warden to fix responsibility for the loss or injury. If the	231
animals, fowl, or poultry die as a result of their injuries, their	232
fair market value shall be the market value of uninjured animals,	233
fowl, or poultry on the date of the death of the injured animals,	234
fowl, or poultry. If the animals, fowl, or poultry do not die as a	235
result of their injuries, their fair market value shall be their	236
market value on the date on which they received their injuries.	237
Any fetus that is aborted by an animal because of stress inflicted	238
by a dog and that does not, on that account, survive shall be	239
considered to have been killed by the dog, regardless of the stage	240
of pregnancy at which the abortion occurs. In the case of any such	241
alleged cause of death, the warden may, as part of his	242
investigation, request the chief of the division of animal	243
industry to have a state veterinarian certify the cause of death.	244
The chief shall promptly comply, and the veterinarian shall send	245
the certification to the warden. The owner shall also sign a	246
statement that the information set forth is a true account of the	247
loss or injury and that, on the date the loss or injury occurred,	248
the claimant did not own or harbor an unregistered dog required to	249
be registered under section 955.01 of the Revised Code. No	250
claimant who owned or harbored an unregistered dog on that date	251
may recover from the dog and kennel fund.	252

If the warden finds all the statements that the owner made on	253
the form to be correct and agrees with the owner as to the fair	254
market value of the animals, fowl, or poultry, heanimal, the	255
warden shall promptly so certify and send both copies of the form,	256
together with whatever other documents, testimony, or information	257
hethe warden has received relating to the loss or injury, to the	258
board of county commissioners.	259

If the warden does not find all the statements to be correct	260
or does not agree with the owner as to the fair market value, the	261
owner may appeal to the board of township trusteescounty	262
commissioners for a determination as provided in section 955.30 to	263
955.34955.35 of the Revised Code. In that case the owner shall	264
secure statements as to the nature and amount of the loss or	265
injury from at least two witnesses who viewed the results of the	266
killing or injury and who can testify thereto and submit both	267
copies of the form to the board of township trusteescounty	268
commissioners or a member thereof not later than twenty days after	269
the loss or injury was discovered. The warden shall submit to the	270
board of township trusteescounty commissioners whatever	271
documents, testimony, or other information hethe warden has	272
received relating to the loss or injury.	273

As used in this section and sections 955.32 to 955.38 of the	274
Revised Code:	275

(A) "Animal" and "grade animal" have the same meanings as in	276
section 955.51 of the Revised Code.	277

(B) "Fair market value" means the average price that is paid	278
for a healthy grade animal at a livestock auction licensed under	279
Chapter 943. of the Revised Code and selected by the applicable	280
board of county commissioners.	281

Sec. 955.32.  If the animals, fowl, or poultryanimal that	282
has been killed or injured as described in section 955.29 of the	283
Revised Code areis registered in any accepted association of	284
registry, the owner, or histhe owner's employee or tenant, shall	285
submit with the claim form the registration papers showing the	286
animal's lines of breeding, age, and other matters. If the animals	287
areanimal is the offspring of registered stock and is eligible	288
for registration, the registration papers showing the breeding of	289
the offspring shall be submitted.	290

Sec. 955.35.  The board of county commissioners, at the next	291
regular meeting after claims in accordance with sectionssection	292
955.29 to 955.34 of the Revised Code have been submitted, shall	293
examine the same and may hear additional testimony or receive	294
additional affidavits in regard thereto and may allow the amount	295
previously certified by the dog warden or allowed by the board of	296
township trustees, or a part thereof, or any amount in addition	297
thereto, as it may find to be just, but in no event shall the	298
amount allowed exceed the lesser of five hundred dollars per	299
animal or the uninsured amount of the loss or injury. The board	300
shall make the final determination of the fair market value of an	301
animal that is the subject of a claim.	302

If the animal that is the subject of a claim dies as a result	303
of the injuries that it received from a dog, the amount of	304
indemnity is the fair market value of the animal on the date of	305
its death subject to the limit established in this section. If the	306
animal that is the subject of a claim does not die as a result of	307
the injuries that it received from a dog, the amount of indemnity	308
is the fair market value of the animal on the date on which it	309
received its injuries subject to the limit established in this	310
section. If the animal that is the subject of a claim is	311
registered or eligible for registration as described in section	312
955.32 of the Revised Code, the amount of indemnity is one hundred	313
twenty-five per cent of the fair market value of the animal on the	314
date on which the animal was killed or injured subject to the	315
limit established in this section. If the date of death or injury	316
of an animal cannot be determined, the amount of indemnity shall	317
be based on the fair market value of the animal on the date on	318
which the death or injury was discovered by its owner. A fetus	319
that is aborted by an animal because of stress inflicted by a dog	320
and that does not, on that account, survive shall be considered to	321
have been killed by the dog regardless of the stage of pregnancy	322
at which the abortion occurs. In the case of any such alleged	323
cause of death, the warden, as part of the warden's investigation,	324
may request the chief of the division of animal industry in the	325
department of agriculture to have a state veterinarian certify the	326
cause of death. The chief shall promptly comply, and the	327
veterinarian shall send the certification to the board of county	328
commissioners.	329

The claims shall be paid out of the dog and kennel fund or	330
out of the general fund of the county, as provided in section	331
955.14 of the Revised Code. Such claims as are allowed in whole or	332
in part shall be paid by voucher issued by the county auditor five	333
days after the approval of the board of county commissioners has	334
been entered. If the claim is to be paid out of the dog and kennel	335
fund and the funds therein are insufficient to pay the claims,	336
they shall be paid in the order allowed at the close of the next	337
calendar month in which sufficient funds are available in the	338
fund.	339

Sec. 955.34.        Sec. 955.351.  Witnesses not exceeding four in number,	340
who give testimony in the hearing provided for inunder section	341
955.33955.35 of the Revised Code at a meeting of the board of	342
county commissioners, shall be allowed six dollars each and	343
mileage at the rate of ten cents per mile, going and returning, in	344
each case. The board of township trustees shall administer an oath	345
or affirmation to each claimant or witness.	346

If the animals, fowl, or poultryanimal that havehas been	347
killed or injured areis in the care of an employee or tenant of	348
the owner thereof, the affidavit provided for in section 955.29 of	349
the Revised Code may be made by suchthat employee or tenant,	350
whose testimony may be received in regard to all relative matters	351
to which saidthe owner would be competent to testify.	352

Sec. 955.37.  An owner of animals, fowl, or poultryan animal	353
that has been killed or injured by a dog may, if the fair market	354
value is ten dollars or more, appeal from a final allowance made	355
by the board of county commissioners, within thirty days after the	356
allowance. The appeal shall be made to the probate court by	357
filing, as party plaintiff, a petition with the court setting out	358
the facts in the case as contended by the owner. Proceedings shall	359
be as provided by law in civil cases, and the board shall be made	360
party defendant.	361

Sec. 955.38.  The probate court shall hear the appeals	362
provided for in section 955.37 of the Revised Code as in equity	363
and shall determine the fair market value of the animals, fowl, or	364
poultryanimal that has been killed or injured. Not more than	365
three witnesses shall be called by each party. The amount found by	366
the court shall not exceed the lesser of five hundred dollars per	367
animal or the uninsured amount of the loss or injury. The amount	368
found shall be final, and the judge shall certify it to the board	369
of county commissioners. Like proceedings shall be had as to	370
payment thereof, as if the amount had been found by the board in	371
the first instance.	372

If an increased allowance is made by the court, the costs	373
shall be paid equally by the parties; if no increase is made, the	374
plaintiff shall pay all the costs.	375

Section 2. That existing sections 955.12, 955.14, 955.27,	376
955.29, 955.32, 955.34, 955.35, 955.37, and 955.38 and sections	377
955.31 and 955.33 of the Revised Code are hereby repealed.	378