As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 366

Representative Webster 

Cosponsor: Representative Schindel 

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A BILL

To amend sections 955.11 and 955.221 of the Revised

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Code to remove pit bulls from the definition of

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"vicious dog" in state law and to authorize the

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adoption of local ordinances or resolutions that

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define "dangerous dog" and "vicious dog" more

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broadly than state law defines those terms.

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

Section 1. That sections 955.11 and 955.221 of the Revised	7
Code be amended to read as follows:	8

Sec. 955.11.  (A) As used in this section:

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(1)(a) "Dangerous dog" means a dog that, without provocation,	10
and subject to division (A)(1)(b) of this section, has chased or	11
approached in either a menacing fashion or an apparent attitude of	12
attack, or has attempted to bite or otherwise endanger any person,	13
while that dog is off the premises of its owner, keeper, or	14
harborer and not under the reasonable control of its owner,	15
keeper, harborer, or some other responsible person, or not	16
physically restrained or confined in a locked pen whichthat has a	17
top, locked fenced yard, or other locked enclosure whichthat has	18
a top.	19

(b) "Dangerous dog" does not include a police dog that has	20
chased or approached in either a menacing fashion or an apparent	21
attitude of attack, or has attempted to bite or otherwise endanger	22
any person while the police dog is being used to assist one or	23
more law enforcement officers in the performance of their official	24
duties.	25

(2) "Menacing fashion" means that a dog would cause any	26
person being chased or approached to reasonably believe that the	27
dog will cause physical injury to that person.	28

(3) "Police dog" means a dog that has been trained, and may	29
be used, to assist one or more law enforcement officers in the	30
performance of their official duties.	31

(4)(a) "Vicious dog" means a dog that, without provocation	32
and subject to division (A)(4)(b) of this section, meets any	33
either of the following:	34

(i) Has killed or caused serious injury to any person;

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(ii) Has caused injury, other than killing or serious injury,	36
to any person, or has killed another dog.	37

(iii) Belongs to a breed that is commonly known as a pit bull	38
dog. The ownership, keeping, or harboring of such a breed of dog	39
shall be prima-facie evidence of the ownership, keeping, or	40
harboring of a vicious dog.	41

(b) "Vicious dog" does not include either of the following:

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(i) A police dog that has killed or caused serious injury to	43
any person or that has caused injury, other than killing or	44
serious injury, to any person while the police dog is being used	45
to assist one or more law enforcement officers in the performance	46
of their official duties;	47

(ii) A dog that has killed or caused serious injury to any	48
person while a person was committing or attempting to commit a	49
trespass or other criminal offense on the property of the owner,	50
keeper, or harborer of the dog.	51

(5) "Without provocation" means that a dog was not teased,	52
tormented, or abused by a person, or that the dog was not coming	53
to the aid or the defense of a person who was not engaged in	54
illegal or criminal activity and who was not using the dog as a	55
means of carrying out such activity.	56

(B) Upon the transfer of ownership of any dog, the seller of	57
the dog shall give the buyer a transfer of ownership certificate	58
that shall be signed by the seller. The certificate shall contain	59
the registration number of the dog, the name of the seller, and a	60
brief description of the dog. Blank forms of the certificate may	61
be obtained from the county auditor. A transfer of ownership shall	62
be recorded by the auditor upon presentation of a transfer of	63
ownership certificate that is signed by the former owner of a dog	64
and that is accompanied by a fee of twenty-five cents.	65

(C) Prior to the transfer of ownership or possession of any	66
dog, upon the buyer's or other transferee's request, the seller or	67
other transferor of the dog shall give to the person a written	68
notice relative to the behavior and propensities of the dog.	69

(D) Within ten days after the transfer of ownership or	70
possession of any dog, if the seller or other transferor of the	71
dog has knowledge that the dog is a dangerous or vicious dog, he	72
the seller or other transferor shall give to the buyer or other	73
transferee, the board of health for the district in which the	74
buyer or other transferee resides, and the dog warden of the	75
county in which the buyer or other transferee resides, a completed	76
copy of a written form on which the seller shall furnish the	77
following information:	78

(1) The name and address of the buyer or other transferee of	79
the dog;	80

(2) The age, sex, color, breed, and current registration	81
number of the dog.	82

In addition, the seller shall answer the following questions,	83
which shall be specifically stated on the form as follows:	84

"Has the dog ever chased or attempted to attack or bite a	85
person? If yes, describe the incident(s) in which the behavior	86
occurred."	87

"Has the dog ever bitten a person? If yes, describe the	88
incident(s) in which the behavior occurred."	89

"Has the dog ever seriously injured or killed a person? If	90
yes, describe the incident(s) in which the behavior occurred."	91

The dog warden of the county in which the seller resides	92
shall furnish the form to the seller at no cost.	93

(E) No seller or other transferor of a dog shall fail to	94
comply with the applicable requirements of divisions (B) to (D) of	95
this section.	96

Sec. 955.221.  (A) For the purposes of this section,	97
ordinances or resolutions to control dogs include, but are not	98
limited to, ordinances or resolutions concerned with the	99
ownership, keeping, or harboring of dogs, the restraint of dogs,	100
dogs as public nuisances, and dogs as a threat to public health,	101
safety, and welfare, except that such ordinances or resolutions as	102
permitted in division (B) of this section shall not prohibit the	103
use of any dog whichthat is lawfully engaged in hunting or	104
training for the purpose of hunting while accompanied by a	105
licensed hunter. However, such dogs at all other times and in all	106
other respects shall be subject to the ordinance or resolution	107
permitted by this section, unless actually in the field and	108
engaged in hunting or in legitimate training for suchthat	109
purpose. Ordinances or resolutions to control dogs that are	110
adopted pursuant to this section may define "dangerous dog" or	111
"vicious dog" more broadly than those terms are defined in section	112
955.11 of the Revised Code, and such expanded definitions shall	113
not be considered to be in conflict with the Revised Code.	114

(B)(1) A board of county commissioners may adopt and enforce	115
resolutions to control dogs within the unincorporated areas of the	116
county that are not otherwise in conflict with any other provision	117
of the Revised Code.	118

(2) A board of township trustees may adopt and enforce	119
resolutions to control dogs within the township that are not	120
otherwise in conflict with any other provision of the Revised	121
Code, if the township is located in a county where the board of	122
county commissioners has not adopted resolutions to control dogs	123
within the unincorporated areas of the county under this section.	124
In the event that the board of county commissioners adopts	125
resolutions to control dogs in the county after a board of	126
township trustees has adopted resolutions to control dogs within	127
the township, the resolutions adopted by the county board of	128
county commissioners prevail over the resolutions adopted by the	129
board of township trustees.	130

(3) A municipal corporation may adopt and enforce ordinances	131
to control dogs within the municipal corporation that are not	132
otherwise in conflict with any other provision of the Revised	133
Code.	134

(C) No person shall violate any resolution or ordinance	135
adopted under this section.	136

Section 2. That existing sections 955.11 and 955.221 of the	137
Revised Code are hereby repealed.	138