As Reported by the House Agriculture and Natural Resources Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 71


Representative White 

Cosponsors: Representatives McGregor, J., Setzer, Brown, Hagan, J., Seitz, Wagoner, Wolpert, Aslanides, Distel 

A BILL
To amend sections 955.28 and 959.16, to enact new 1
section 959.132 and section 959.161, and to 2
repeal section 959.132 of the Revised Code to 3
provide for the seizure, impoundment, and 4
disposition of roosters involved in cockfighting 5
and dogs involved in dogfighting; to revise 6
requirements and procedures governing the 7
seizure, impoundment, and disposition of 8
companion animals that are the subject of abuse 9
or neglect; and to clarify that the authority 10
conferred upon a person to kill an attacking dog 11
does not include the authority to kill a police 12
dog.13


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

       Section 1.  That sections 955.28 and 959.16 be amended and 14
new section 959.132 and section 959.161 of the Revised Code be 15
enacted to read as follows:16

       Sec. 955.28.  (A) Subject to divisions (A)(2) and (3) of17
section 955.261 of the Revised Code, a dog that is chasing or18
approaching in a menacing fashion or apparent attitude of attack,19
that attempts to bite or otherwise endanger, or that kills or20
injures a person or a dog that chases, injures, or kills21
livestock, poultry, other domestic animal, or other animal, that22
is the property of another person, except a cat or another dog 23
other than a police dog as defined in section 2921.321 of the 24
Revised Code, can be killed at the time of that chasing, 25
approaching, attempt, killing, or injury. If, in attempting to 26
kill such a dog, a person wounds it, hethe person is not liable 27
to prosecution under the penal laws whichthat punish cruelty to 28
animals.29

       (B) The owner, keeper, or harborer of a dog is liable in30
damages for any injury, death, or loss to person or property that31
is caused by the dog, unless the injury, death, or loss was caused 32
to the person or property of an individual who, at the time, was 33
committing or attempting to commit a trespass or other criminal 34
offense on the property of the owner, keeper, or harborer, or was 35
committing or attempting to commit a criminal offense against any 36
person, or was teasing, tormenting, or abusing the dog on the 37
owner's, keeper's, or harborer's property.38

       Sec. 959.132.  (A) As used in this section:39

        (1) "Companion animal" has the same meaning as in section 40
959.131 of the Revised Code.41

        (2) "Impounding agency" means a county humane society 42
organized under section 1717.05 of the Revised Code, an animal 43
shelter, or a law enforcement agency that has impounded a 44
companion animal in accordance with this section.45

       (3) "Offense" means a violation of section 959.131 of the 46
Revised Code or an attempt, in violation of section 2923.02 of the 47
Revised Code, to violate section 959.131 of the Revised Code.48

        (4) "Officer" means any law enforcement officer, agent of a 49
county humane society, or other person appointed to act as an 50
animal control officer for a municipal corporation, or township in 51
accordance with state law, an ordinance, or a resolution.52

        (B) An officer may seize and cause to be impounded at an 53
impounding agency a companion animal that the officer has 54
reasonable cause to believe is the subject of an offense. No 55
officer or impounding agency shall impound a companion animal that 56
is the subject of an offense in a shelter owned, operated, or 57
controlled by a board of county commissioners pursuant to Chapter 58
955. of the Revised Code unless the board, by resolution, 59
authorizes the impoundment of such a companion animal in a 60
shelter owned, operated, or controlled by that board and has 61
executed, in the case when the officer is other than a dog warden 62
or assistant dog warden, a contract specifying the terms and 63
conditions of the impoundment.64

       (C) The officer shall give written notice of the seizure and 65
impoundment by posting the notice on the door of the residence or 66
in another conspicuous place on the premises at which a companion 67
animal was seized or by giving it in person to the owner, keeper, 68
or harborer of the companion animal. The notice shall include 69
information concerning the opportunity to post a bond or cash 70
deposit under division (E) of this section not later than ten 71
days after the notice is provided in order to prevent disposition 72
of the companion animal by the impounding agency and the 73
opportunity to request a hearing under division (F) of this 74
section not later than ten days after the notice is provided.75

       (D) A companion animal that is seized under this section may 76
be humanely destroyed immediately or at any time during 77
impoundment if a licensed veterinarian determines it to be 78
necessary because the companion animal is suffering.79

       (E) The owner of an impounded companion animal may post, not 80
later than ten days after the notice of seizure and impoundment 81
is provided, a bond or cash deposit with the court in an amount 82
that the court, in consultation with the impounding agency, 83
determines is sufficient to provide for the companion animal's 84
care and keeping for not less than thirty days beginning on the 85
date on which the companion animal was impounded. The owner may 86
renew a bond or cash deposit by posting, not later than ten days 87
following the expiration of the period for which a previous bond 88
or cash deposit was posted, a new bond or cash deposit in an 89
amount that the court, in consultation with the impounding 90
agency, determines is sufficient to provide for the companion91
animal's care and keeping for not less than thirty days beginning 92
on the date on which the previous period expired. If no bond or 93
cash deposit is posted or if a bond or cash deposit expires and 94
is not renewed, the impounding agency may determine the 95
disposition of the companion animal unless the court issues an 96
order that specifies otherwise.97

       (F)(1) The owner of a companion animal that has been seized 98
and impounded pursuant to this section may file, not later than 99
ten days after the notice of seizure and impoundment is provided, 100
a motion requesting a hearing with the clerk of the court in 101
which charges are pending that were filed under section 959.131 102
of the Revised Code or under section 2923.02 of the Revised Code 103
as it applies to that section and that involve the impounded 104
companion animal. Upon receipt of such a request, the court shall 105
hold a hearing within ten days or at the next available court 106
date to determine whether probable cause exists to believe that a 107
violation of the applicable section occurred.108

       (2) If the court determines that probable cause does not 109
exist, the court immediately shall order the impounding agency to 110
return the companion animal to its owner if possible and to return 111
the entire amount of any bond or cash deposit posted under 112
division (E) of this section. If the companion animal cannot be 113
returned, the court shall order the impounding agency to pay the 114
owner an amount determined by the court to be equal to the 115
reasonable market value of the companion animal at the time that 116
it was impounded plus statutory interest as defined in section 117
1343.03 of the Revised Code from the date of the impoundment. The 118
requirements established in division (F)(2) of this section 119
regarding the return of a bond or cash deposit and the payment of 120
the reasonable market value of the companion animal shall not 121
apply in the case of a dog that, in violation of section 955.01 122
of the Revised Code, was not registered at the time it was seized 123
and impounded.124

       (3) If the court determines that probable cause exists to 125
believe that a violation occurred, the case shall continue and, 126
unless the companion animal's owner has posted a current bond or 127
cash deposit, the impounding agency may arrange for the 128
disposition of the companion animal.129

       (G) If a person is convicted of committing an offense, the 130
court may impose the following additional penalties against the 131
person:132

       (1) A requirement that the person pay for the costs incurred 133
by the impounding agency in caring for a companion animal involved 134
in the applicable offense, provided that the costs were incurred 135
during the companion animal's impoundment and have not been 136
covered by a bond or cash deposit posted under this section;137

       (2) An order permanently terminating the person's right to 138
possession, title, custody, or care of the companion animal that 139
was involved in the offense. If the court issues such an order, 140
the court shall order the disposition of the companion animal.141

       (H) If a person is found not guilty of committing an offense, 142
the court immediately shall order the impounding agency to return 143
the companion animal to its owner if possible and to return the 144
entire amount of any bond or cash deposit posted under division 145
(E) of this section. If the companion animal cannot be returned, 146
the court shall order the impounding agency to pay the owner an 147
amount determined by the court to be equal to the reasonable 148
market value of the companion animal at the time that it was 149
impounded plus statutory interest as defined in section 1343.03 150
of the Revised Code from the date of the impoundment. The 151
requirements established in this division regarding the return of 152
a bond or cash deposit and the payment of the reasonable market 153
value of the companion animal shall not apply in the case of a 154
dog that, in violation of section 955.01 of the Revised Code, was 155
not registered at the time it was seized and impounded.156

       Sec. 959.16.  (A) No person shall knowingly do any of the157
following:158

       (1) Promote, engage in, or be employed at dogfighting;159

       (2) Receive money or anything else of value for the admission 160
of another person to a dogfighting event or a place kept for 161
dogfighting;162

       (3) Sell, purchase, possess, or train a dog for dogfighting;163

       (4) Use, train, or possess a dog for seizing, detaining, or164
maltreating a domestic animal;165

       (5) Purchase a ticket ofPay money or give anything else of 166
value in exchange for admission to or be present at a dogfight;167

       (6) Witness a dogfight if it is presented as a public168
spectacle.169

       (B) The department of agriculture may investigate complaints 170
and follow up rumors of dogfighting activities and may report any 171
information so gathered to an appropriate prosecutor or law 172
enforcement agency.173

       (C) Any peace officer, as defined in section 2935.01 of the 174
Revised Code, shall confiscate any dogs that have been, are, or 175
are intended to be used in dogfighting and any equipment or176
devices used in training such dogs that have been, are, or are 177
intended to be used in dogfighting and any equipment or devices 178
used as part of dogfights. The seizure and impoundment of such 179
dogs shall be conducted in accordance with section 959.161 of the 180
Revised Code.181

       Sec. 959.161. (A) As used in this section:182

       (1) "Fighting animal" means either of the following:183

       (a) A rooster that a peace officer has reasonable cause to 184
believe has been, is, or is intended to be used in cockfighting in 185
violation of section 959.15 of the Revised Code;186

       (b) A dog that a peace officer has reasonable cause to 187
believe has been, is, or is intended to be used in dogfighting in 188
violation of section 959.16 of the Revised Code.189

       (2) "Impounding entity" means the entity that has possession 190
of an impounded fighting animal during its impoundment.191

       (3) "Peace officer" has the same meaning as in section 192
2935.01 of the Revised Code.193

       (4) "Violation" means a violation of section 959.15 of the 194
Revised Code involving cockfighting, a violation of section 959.16 195
of the Revised Code, or an attempt, in violation of section 196
2923.02 of the Revised Code, to violate either of those 197
provisions.198

       (B) A peace officer may seize and cause to be impounded with 199
an impounding entity a fighting animal that the peace officer has 200
reasonable cause to believe is involved in a violation.201

       (C) A fighting animal that is seized under this section may 202
be humanely destroyed under either of the following circumstances:203

       (1) During its seizure if it is necessary because the 204
fighting animal is suffering;205

       (2) At any time during its impoundment if a licensed 206
veterinarian determines it to be necessary because the fighting 207
animal is suffering.208

       (D) Procedures, requirements, and other provisions that are 209
established in divisions (C), (E), (F), (G), and (H) of section 210
959.132 of the Revised Code shall apply to the seizure, 211
impoundment, and disposition of a fighting animal. For purposes of 212
that application, references in those divisions of section 959.132 213
of the Revised Code to "companion animal," "impounding agency," 214
"officer," and "offense" shall be deemed to be replaced, 215
respectively, with references to "fighting animal," "impounding 216
entity," "peace officer," and "violation" as defined in this 217
section. Likewise, references in those divisions of section 218
959.132 of the Revised Code to "section 959.131 of the Revised 219
Code" shall be deemed to be replaced with references to the 220
cockfighting provisions of section 959.15 of the Revised Code or 221
to section 959.16 of the Revised Code, as applicable.222

       Section 2.  That existing sections 955.28 and 959.16 and 223
section 959.132 of the Revised Code are hereby repealed.224