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To amend sections 955.11 and 955.221 of the Revised | 1 |
Code to remove pit bulls from the definition of | 2 |
"vicious dog" in state law and to authorize the | 3 |
adoption of local ordinances or resolutions that | 4 |
define "dangerous dog" and "vicious dog" more | 5 |
broadly than state law defines those terms. | 6 |
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: | 9 |
(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
| 17 |
top, locked fenced yard, or other locked enclosure
| 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 | 33 |
either of the following: | 34 |
(i) Has killed or caused serious injury to any person; | 35 |
(ii) Has caused injury, other than killing or serious injury, | 36 |
to any person, or has killed another dog. | 37 |
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(b) "Vicious dog" does not include either of the following: | 42 |
(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, | 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 | 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 | 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 | 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 |