As Reported by the Senate Judiciary Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 14

Representative Sears 

Cosponsors: Representatives Winburn, Garland, Bubp, Duffey, Gardner, Lundy, Szollosi, Wachtmann Speaker Batchelder 

Senators Wagoner, LaRose 

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A BILL

To amend sections 955.08, 955.11, 955.22, 955.99,

1

1901.18, and 1907.031 and to enact sections

2

955.222 and 955.54 of the Revised Code to remove

3

pit bulls from the definition of "vicious dog" in

4

state law, to establish a process by which owners,

5

keepers, or harborers of dogs that have been

6

designated as nuisance, dangerous, or vicious may

7

appeal that designation, to define a "nuisance

8

dog," to change the definitions of a "dangerous

9

dog" and a "vicious dog," to require the owner of

10

a dangerous dog to obtain a dangerous dog

11

registration certificate, to prohibit certain

12

felons from owning dogs under certain conditions,

13

and to change the penalties involving ownership of

14

nuisance, dangerous, and vicious dogs.

15

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

Section 1. That sections 955.08, 955.11, 955.22, 955.99,	16
1901.18, and 1907.031 be amended and sections 955.222 and 955.54	17
of the Revised Code be enacted to read as follows:	18

Sec. 955.08.  In addition to the certificate of registration	19
provided for by section 955.07 of the Revised Code, the county	20
auditor shall issue to every person making application for the	21
registration of a dog and paying the required fee therefor a metal	22
tag for each dog so registered. The form, character, and lettering	23
of the tag shall be prescribed by the county auditor. Each year	24
the tag shall be a color distinctive from that of the previous	25
year. If a tag is lost, a duplicate shall be furnished by the	26
auditor upon proper proof of loss and the payment of twenty-five	27
centsfive dollars for each duplicate tag issued or payment of an	28
alternate fee for a duplicate tag, which the board of county	29
commissioners may establish in an amount not to exceed one dollar	30
and fifty cents.	31

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

32

(1)(a) "Dangerous dog" means a dog that, without provocation,	33
and subject to division (A)(1)(b) of this section, has chased or	34
approached in either a menacing fashion or an apparent attitude of	35
attack, or has attempted to bite or otherwise endanger any person,	36
while that dog is off the premises of its owner, keeper, or	37
harborer and not under the reasonable control of its owner,	38
keeper, harborer, or some other responsible person, or not	39
physically restrained or confined in a locked pen which has a top,	40
locked fenced yard, or other locked enclosure which has a topdone	41
any of the following:	42

(i) Caused injury, other than killing or serious injury, to	43
any person;	44

(ii) Killed another dog;

45

(iii) Been the subject of a third or subsequent violation of	46
division (C) of section 955.22 of the Revised Code.	47

(b) "Dangerous dog" does not include a police dog that has	48
chased or approached in either a menacing fashion or an apparent	49
attitude of attack, or has attempted to bite or otherwise endanger	50
any personcaused injury, other than killing or serious injury, to	51
any person or has killed another dog while the police dog is being	52
used to assist one or more law enforcement officers in the	53
performance of their official duties.	54

(2) "Menacing fashion" means that a dog would cause any	55
person being chased or approached to reasonably believe that the	56
dog will cause physical injury to that person.	57

(3)(a) Subject to division (A)(3)(b) of this section,	58
"nuisance dog" means a dog that without provocation and while off	59
the premises of its owner, keeper, or harborer has chased or	60
approached a person in either a menacing fashion or an apparent	61
attitude of attack or has attempted to bite or otherwise endanger	62
any person.	63

(b) "Nuisance dog" does not include a police dog that while	64
being used to assist one or more law enforcement officers in the	65
performance of official duties has chased or approached a person	66
in either a menacing fashion or an apparent attitude of attack or	67
has attempted to bite or otherwise endanger any person.	68

(4) "Police dog" means a dog that has been trained, and may	69
be used, to assist one or more law enforcement officers in the	70
performance of their official duties.	71

(4)(5) "Serious injury" means any of the following:

72

(a) Any physical harm that carries a substantial risk of	73
death;	74

(b) Any physical harm that involves a permanent incapacity,	75
whether partial or total, or a temporary, substantial incapacity;	76

(c) Any physical harm that involves a permanent disfigurement	77
or a temporary, serious disfigurement;	78

(d) Any physical harm that involves acute pain of a duration	79
that results in substantial suffering or any degree of prolonged	80
or intractable pain.	81

(6)(a) "Vicious dog" means a dog that, without provocation	82
and subject to division (A)(4)(6)(b) of this section, meets any of	83
the following:	84

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

85

(ii) Has caused injury, other than killing or serious injury,	86
to any person, or has killed another dog.	87

(iii) Belongs to a breed that is commonly known as a pit bull	88
dog. The ownership, keeping, or harboring of such a breed of dog	89
shall be prima-facie evidence of the ownership, keeping, or	90
harboring of a vicious dog.	91

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

92

(i) A police dog that has killed or caused serious injury to	93
any person or that has caused injury, other than killing or	94
serious injury, to any person while the police dog is being used	95
to assist one or more law enforcement officers in the performance	96
of their official duties;	97

(ii) A dog that has killed or caused serious injury to any	98
person while a person was committing or attempting to commit a	99
trespass or other criminal offense on the property of the owner,	100
keeper, or harborer of the dog.	101

(5)(7) "Without provocation" means that a dog was not teased,	102
tormented, or abused by a person, or that the dog was not coming	103
to the aid or the defense of a person who was not engaged in	104
illegal or criminal activity and who was not using the dog as a	105
means of carrying out such activity.	106

(B) Upon the transfer of ownership of any dog, the seller of	107
the dog shall give the buyer a transfer of ownership certificate	108
that shall be signed by the seller. The certificate shall contain	109
the registration number of the dog, the name of the seller, and a	110
brief description of the dog. Blank forms of the certificate may	111
be obtained from the county auditor. A transfer of ownership shall	112
be recorded by the auditor upon presentation of a transfer of	113
ownership certificate that is signed by the former owner of a dog	114
and that is accompanied by a fee of twenty-five centsfive	115
dollars.	116

(C) Prior to the transfer of ownership or possession of any	117
dog, upon the buyer's or other transferee's request, the seller or	118
other transferor of the dog shall give to the person a written	119
notice relative to the behavior and propensities of the dog.	120

(D) Within ten days after the transfer of ownership or	121
possession of any dog, if the seller or other transferor of the	122
dog has knowledge that the dog is a dangerous or vicious dog, he	123
the seller or other transferor shall give to the buyer or other	124
transferee, the board of health for the district in which the	125
buyer or other transferee resides, and the dog warden of the	126
county in which the buyer or other transferee resides, a completed	127
copy of a written form on which the seller shall furnish the	128
following information:	129

(1) The name and address of the buyer or other transferee of	130
the dog;	131

(2) The age, sex, color, breed, and current registration	132
number of the dog.	133

In addition, the seller shall answer the following questions,	134
which shall be specifically stated on the form as follows:	135

"Has the dog ever chased or attempted to attack or bite a	136
person? If yes, describe the incident(s) in which the behavior	137
occurred."	138

"Has the dog ever bitten a person? If yes, describe the	139
incident(s) in which the behavior occurred."	140

"Has the dog ever seriously injured or killed a person? If	141
yes, describe the incident(s) in which the behavior occurred."	142

The dog warden of the county in which the seller resides	143
shall furnish the form to the seller at no cost.	144

(E) No seller or other transferor of a dog shall fail to	145
comply with the applicable requirements of divisions (B) to (D) of	146
this section.	147

Sec. 955.22.  (A) As used in this section, "dangerous dog"	148
and "vicious dog" havehas the same meaningsmeaning as in section	149
955.11 of the Revised Code.	150

(B) No owner, keeper, or harborer of any female dog shall	151
permit it to go beyond the premises of the owner, keeper, or	152
harborer at any time the dog is in heat unless the dog is properly	153
in leash.	154

(C) Except when a dog is lawfully engaged in hunting and	155
accompanied by the owner, keeper, harborer, or handler of the dog,	156
no owner, keeper, or harborer of any dog shall fail at any time to	157
do either of the following:	158

(1) Keep the dog physically confined or restrained upon the	159
premises of the owner, keeper, or harborer by a leash, tether,	160
adequate fence, supervision, or secure enclosure to prevent	161
escape;	162

(2) Keep the dog under the reasonable control of some person.

163

(D) Except when a dangerous or vicious dog is lawfully	164
engaged in hunting or training for the purpose of hunting and is	165
accompanied by the owner, keeper, harborer, or handler of the dog,	166
no owner, keeper, or harborer of a dangerous or vicious dog shall	167
fail to do either of the following:	168

(1) While that dog is on the premises of the owner, keeper,	169
or harborer, securely confine it at all times in a locked pen that	170
has a top, locked fenced yard, or other locked enclosure that has	171
a top, except that a dangerous dog may, in the alternative, be	172
tied with a leash or tether so that the dog is adequately	173
restrained;	174

(2) While that dog is off the premises of the owner, keeper,	175
or harborer, keep that dog on a chain-link leash or tether that is	176
not more than six feet in length and additionally do at least one	177
of the following:	178

(a) Keep that dog in a locked pen that has a top, locked	179
fenced yard, or other locked enclosure that has a top;	180

(b) Have the leash or tether controlled by a person who is of	181
suitable age and discretion or securely attach, tie, or affix the	182
leash or tether to the ground or a stationary object or fixture so	183
that the dog is adequately restrained and station such a person in	184
close enough proximity to that dog so as to prevent it from	185
causing injury to any person;	186

(c) Muzzle that dog.

187

(E) No person who has been convicted of or pleaded guilty to	188
three or more violations of division (C) of this section involving	189
the same dog and no owner, keeper, or harborer of a vicious	190
dangerous dog shall fail to obtaindo the following:	191

(1) Obtain liability insurance with an insurer authorized to	192
write liability insurance in this state providing coverage in each	193
occurrence, subject to a limit, exclusive of interest and costs,	194
of not less than one hundred thousand dollars because of damage or	195
bodily injury to or death of a person caused by the vicious	196
dangerous dog if so ordered by a court and provide proof of that	197
liability insurance upon request to any law enforcement officer,	198
county dog warden, or public health official charged with	199
enforcing this section;	200

(2) Obtain a dangerous dog registration certificate from the	201
county auditor pursuant to division (I) of this section, affix a	202
tag that identifies the dog as a dangerous dog to the dog's	203
collar, and ensure that the dog wears the collar and tag at all	204
times;	205

(3) Notify the local dog warden immediately if any of the	206
following occurs:	207

(a) The dog is loose or unconfined.

208

(b) The dog bites a person, unless the dog is on the property	209
of the owner of the dog, and the person who is bitten is	210
unlawfully trespassing or committing a criminal act within the	211
boundaries of that property.	212

(c) The dog attacks another animal while the dog is off the	213
property of the owner of the dog.	214

(4) If the dog is sold, given to another person, or dies,	215
notify the county auditor within ten days of the sale, transfer,	216
or death.	217

(F) No person shall do any of the following:

218

(1) Debark or surgically silence a dog that the person knows	219
or has reason to believe is a viciousdangerous dog;	220

(2) Possess a viciousdangerous dog if the person knows or	221
has reason to believe that the dog has been debarked or surgically	222
silenced;	223

(3) Falsely attest on a waiver form provided by the	224
veterinarian under division (G) of this section that the person's	225
dog is not a viciousdangerous dog or otherwise provide false	226
information on that written waiver form.	227

(G) Before a veterinarian debarks or surgically silences a	228
dog, the veterinarian may give the owner of the dog a written	229
waiver form that attests that the dog is not a viciousdangerous	230
dog. The written waiver form shall include all of the following:	231

(1) The veterinarian's license number and current business	232
address;	233

(2) The number of the license of the dog if the dog is	234
licensed;	235

(3) A reasonable description of the age, coloring, and gender	236
of the dog as well as any notable markings on the dog;	237

(4) The signature of the owner of the dog attesting that the	238
owner's dog is not a viciousdangerous dog;	239

(5) A statement that division (F) of section 955.22 of the	240
Revised Code prohibits any person from doing any of the following:	241

(a) Debarking or surgically silencing a dog that the person	242
knows or has reason to believe is a viciousdangerous dog;	243

(b) Possessing a viciousdangerous dog if the person knows or	244
has reason to believe that the dog has been debarked or surgically	245
silenced;	246

(c) Falsely attesting on a waiver form provided by the	247
veterinarian under division (G) of section 955.22 of the Revised	248
Code that the person's dog is not a viciousdangerous dog or	249
otherwise provide false information on that written waiver form.	250

(H) It is an affirmative defense to a charge of a violation	251
of division (F) of this section that the veterinarian who is	252
charged with the violation obtained, prior to debarking or	253
surgically silencing the dog, a written waiver form that complies	254
with division (G) of this section and that attests that the dog is	255
not a viciousdangerous dog.	256

(I)(1) The county auditor shall issue a dangerous dog	257
registration certificate to a person who is the owner of a dog,	258
who is eighteen years of age or older, and who provides the	259
following to the county auditor:	260

(a) A fee of fifty dollars;

261

(b) The person's address, phone number, and other appropriate	262
means for the local dog warden or county auditor to contact the	263
person;	264

(c) With respect to the person and the dog for which the	265
registration is sought, all of the following:	266

(i) Either satisfactory evidence of the dog's current rabies	267
vaccination or a statement from a licensed veterinarian that a	268
rabies vaccination is medically contraindicated for the dog;	269

(ii) Either satisfactory evidence of the fact that the dog	270
has been neutered or spayed or a statement from a licensed	271
veterinarian that neutering or spaying of the dog is medically	272
contraindicated;	273

(iii) Satisfactory evidence of the fact that the person has	274
posted and will continue to post clearly visible signs at the	275
person's residence warning both minors and adults of the presence	276
of a dangerous dog on the property;	277

(iv) Satisfactory evidence of the fact that the dog has been	278
permanently identified by means of a microchip and the dog's	279
microchip number.	280

(2) Upon the issuance of a dangerous dog registration	281
certificate to the owner of a dog, the county auditor shall	282
provide the owner with a uniformly designed tag that identifies	283
the animal as a dangerous dog. The owner shall renew the	284
certificate annually for the same fee and in the same manner as	285
the initial certificate was obtained. If a certificate holder	286
relocates to a new county, the certificate holder shall follow the	287
procedure in division (I)(3)(b) of this section and, upon the	288
expiration of the certificate issued in the original county, shall	289
renew the certificate in the new county.	290

(3)(a) If the owner of a dangerous dog for whom a	291
registration certificate has previously been obtained relocates to	292
a new address within the same county, the owner shall provide	293
notice of the new address to the county auditor within ten days of	294
relocating to the new address.	295

(b) If the owner of a dangerous dog for whom a registration	296
certificate has previously been obtained relocates to a new	297
address within another county, the owner shall do both of the	298
following within ten days of relocating to the new address:	299

(i) Provide written notice of the new address and a copy of	300
the original dangerous dog registration certificate to the county	301
auditor of the new county;	302

(ii) Provide written notice of the new address to the county	303
auditor of the county where the owner previously resided.	304

(4) The owner of a dangerous dog shall present the dangerous	305
dog registration certificate upon being requested to do so by any	306
law enforcement officer, dog warden, or public health official	307
charged with enforcing this section.	308

(5) The fees collected pursuant to this division shall be	309
deposited in the dog and kennel fund of the county.	310

Sec. 955.222. (A) The municipal court or county court that	311
has territorial jurisdiction over the residence of the owner,	312
keeper, or harborer of a dog shall conduct any hearing concerning	313
the designation of the dog as a nuisance dog, dangerous dog, or	314
vicious dog.	315

(B) If a person who is authorized to enforce this chapter has	316
reasonable cause to believe that a dog in the person's	317
jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the	318
person shall notify the owner, keeper, or harborer of that dog, by	319
certified mail or in person, of both of the following:	320

(1) That the person has designated the dog a nuisance dog,	321
dangerous dog, or vicious dog, as applicable;	322

(2) That the owner, keeper, or harborer of the dog may	323
request a hearing regarding the designation in accordance with	324
this section. The notice shall include instructions for filing a	325
request for a hearing in the county in which the dog's owner,	326
keeper, or harborer resides.	327

(C) If the owner, keeper, or harborer of the dog disagrees	328
with the designation of the dog as a nuisance dog, dangerous dog,	329
or vicious dog, as applicable, the owner, keeper, or harborer, not	330
later than ten days after receiving notification of the	331
designation, may request a hearing regarding the determination.	332
The request for a hearing shall be in writing and shall be filed	333
with the municipal court or county court that has territorial	334
jurisdiction over the residence of the dog's owner, keeper, or	335
harborer. At the hearing, the person who designated the dog as a	336
nuisance dog, dangerous dog, or vicious dog has the burden of	337
proving, by clear and convincing evidence, that the dog is a	338
nuisance dog, dangerous dog, or vicious dog.	339

The owner, keeper, or harborer of the dog or the person who	340
designated the dog as a nuisance dog, dangerous dog, or vicious	341
dog may appeal the court's final determination as in any other	342
case filed in that court.	343

(D) A court, upon motion of an owner, keeper, or harborer or	344
an attorney representing the owner, keeper, or harborer, may order	345
that the dog designated as a nuisance dog, dangerous dog, or	346
vicious dog be held in the possession of the owner, keeper, or	347
harborer until the court makes a final determination under this	348
section or during the pendency of an appeal, as applicable. Until	349
the court makes a final determination and during the pendency of	350
any appeal, the dog shall be confined or restrained in accordance	351
with the provisions of division (D) of section 955.22 of the	352
Revised Code that apply to dangerous dogs regardless of whether	353
the dog has been designated as a vicious dog or a nuisance dog	354
rather than a dangerous dog. The owner, keeper, or harborer of the	355
dog shall not be required to comply with any other requirements	356
established in the Revised Code that concern a nuisance dog,	357
dangerous dog, or vicious dog, as applicable, until the court	358
makes a final determination and during the pendency of any appeal.	359

(E) If a dog is finally determined under this section, or on	360
appeal as described in this section, to be a vicious dog, division	361
(D) of section 955.11 and divisions (D) to (I) of section 955.22	362
of the Revised Code apply with respect to the dog and the owner,	363
keeper, or harborer of the dog as if the dog were a dangerous dog,	364
and section 955.54 of the Revised Code applies with respect to the	365
dog as if it were a dangerous dog, and the court shall issue an	366
order that specifies that those provisions apply with respect to	367
the dog and the owner, keeper, or harborer in that manner. As part	368
of the order, the court shall require the owner, keeper, or	369
harborer to obtain the liability insurance required under division	370
(E)(1) of section 955.22 of the Revised Code in an amount	371
described in division (H)(2) of section 955.99 of the Revised	372
Code.	373

(F) As used in this section, "nuisance dog," "dangerous dog,"	374
and "vicious dog" have the same meanings as in section 955.11 of	375
the Revised Code.	376

Sec. 955.54. (A) No person who is convicted of or pleads	377
guilty to a felony offense of violence committed on or after the	378
effective date of this section or a felony violation of any	379
provision of Chapter 959., 2923., or 2925. of the Revised Code	380
committed on or after the effective date of this section shall	381
knowingly own, possess, have custody of, or reside in a residence	382
with either of the following for a period of three years	383
commencing either upon the date of release of the person from any	384
period of incarceration imposed for the offense or violation or,	385
if the person is not incarcerated for the offense or violation,	386
upon the date of the person's final release from the other	387
sanctions imposed for the offense or violation:	388

(1) An unspayed or unneutered dog older than twelve weeks of	389
age;	390

(2) Any dog that has been determined to be a dangerous dog	391
under Chapter 955. of the Revised Code.	392

(B) A person described in division (A) of this section shall	393
microchip for permanent identification any dog owned, possessed	394
by, or in the custody of the person.	395

(C)(1) Division (A) of this section does not apply to any	396
person who is confined in a correctional institution of the	397
department of rehabilitation and correction.	398

(2) Division (A) of this section does not apply to any person	399
with respect to any dog that the person owned, possessed, had	400
custody of, or resided in a residence with prior to the effective	401
date of this section.	402

Sec. 955.99.  (A)(1) Whoever violates division (E) of section	403
955.11 of the Revised Code because of a failure to comply with	404
division (B) of that section is guilty of a minor misdemeanor.	405

(2) Whoever violates division (E) of section 955.11 of the	406
Revised Code because of a failure to comply with division (C) or	407
(D) of that section is guilty of a minor misdemeanor on a first	408
offense and of a misdemeanor of the fourth degree on each	409
subsequent offense.	410

(B) Whoever violates section 955.10, 955.23, 955.24, or	411
955.25 of the Revised Code is guilty of a minor misdemeanor.	412

(C) Whoever violates section 955.261, 955.39, or 955.50 of	413
the Revised Code is guilty of a minor misdemeanor on a first	414
offense and of a misdemeanor of the fourth degree on each	415
subsequent offense.	416

(D) Whoever violates division (F) of section 955.16 or	417
division (B) of section 955.43 of the Revised Code is guilty of a	418
misdemeanor of the fourth degree.	419

(E)(1) Whoever violates section 955.21 orof the Revised	420
Code, violates division (B) of section 955.22 of the Revised Code,	421
or commits a violation of division (C) of section 955.22 of the	422
Revised Code that involves a dog that is not a nuisance dog,	423
dangerous dog, or vicious dog shall be fined not less than	424
twenty-five dollars or more than one hundred dollars on a first	425
offense, and on each subsequent offense shall be fined not less	426
than seventy-five dollars or more than two hundred fifty dollars	427
and may be imprisoned for not more than thirty days.	428

(2) In addition to the penalties prescribed in division	429
(E)(1) of this section, if the offender is guilty of a violation	430
of division (B) of section 955.22 of the Revised Code or a	431
violation of division (C) of section 955.22 of the Revised Code	432
that involves a dog that is not a nuisance dog, dangerous dog, or	433
vicious dog, the court may order the offender to personally	434
supervise the dog that the offender owns, keeps, or harbors, to	435
cause that dog to complete dog obedience training, or to do both.	436

(F) If(1) Whoever commits a violation of division (C) of	437
section 955.22 of the Revised Code that involves a nuisance dog is	438
guilty of a minor misdemeanor on the first offense and of a	439
misdemeanor of the fourth degree on each subsequent offense	440
involving the same dog. Upon a person being convicted of or	441
pleading guilty to a third violation of division (C) of section	442
955.22 of the Revised Code involving the same dog, the court shall	443
require the offender to register the involved dog as a dangerous	444
dog.	445

(2) In addition to the penalties prescribed in division	446
(F)(1) of this section, if a violation of division (C) of section	447
955.22 of the Revised Code involves a nuisance dog, the court may	448
order the offender to personally supervise the nuisance dog that	449
the offender owns, keeps, or harbors, to cause that dog to	450
complete dog obedience training, or to do both.	451

(G) Whoever commits a violation of division (D)(C) of section	452
955.22 of the Revised Code that involves a dangerous dog, whoever	453
violates that divisionor a violation of division (D) of that	454
section is guilty of a misdemeanor of the fourth degree on a first	455
offense and of a misdemeanor of the third degree on each	456
subsequent offense. Additionally, the court may order the offender	457
to personally supervise the dangerous dog that the offender owns,	458
keeps, or harbors, to cause that dog to complete dog obedience	459
training, or to do both, and the court may order the offender to	460
obtain liability insurance pursuant to division (E) of section	461
955.22 of the Revised Code. The court, in the alternative, may	462
order the dangerous dog to be humanely destroyed by a licensed	463
veterinarian, the county dog warden, or the county humane society	464
at the owner's expense. With respect to a violation of division	465
(C) of section 955.22 of the Revised Code that involves a	466
dangerous dog, until the court makes a final determination and	467
during the pendency of any appeal of a violation of that division	468
and at the discretion of the dog warden, the dog shall be confined	469
or restrained in accordance with division (D) of section 955.22 of	470
the Revised Code or at the county dog pound at the owner's	471
expense.	472

(G) If(H)(1) Whoever commits a violation of division (D)(C)	473
of section 955.22 of the Revised Code that involves a vicious dog,	474
whoever violates that division is guilty of one of the following:	475

(1)(a) A felony of the fourth degree on a first or subsequent	476
offense if the dog kills or seriously injures a person.	477
Additionally, the court shall order that the vicious dog be	478
humanely destroyed by a licensed veterinarian, the county dog	479
warden, or the county humane society at the owner's expense.	480

(2)(b) A misdemeanor of the first degree on a first offense	481
and a felony of the fourth degree on each subsequent offenseif	482
the dog causes serious injury to a person. Additionally, the court	483
may order the vicious dog to be humanely destroyed by a licensed	484
veterinarian, the county dog warden, or the county humane society.	485

(3) A misdemeanor of the first degree if the dog causes	486
injury, other than killing or serious injury, to any person.	487

(H)at the owner's expense.

488

(2) If the court does not order the vicious dog to be	489
destroyed under division (H)(1)(b) of this section, the court	490
shall issue an order that specifies that division (D) of section	491
955.11 and divisions (D) to (I) of section 955.22 of the Revised	492
Code apply with respect to the dog and the owner, keeper, or	493
harborer of the dog as if the dog were a dangerous dog and that	494
section 955.54 of the Revised Code applies with respect to the dog	495
as if it were a dangerous dog. As part of the order, the court	496
shall order the offender to obtain the liability insurance	497
required under division (E)(1) of section 955.22 of the Revised	498
Code in an amount, exclusive of interest and costs, that equals or	499
exceeds one hundred thousand dollars. Until the court makes a	500
final determination and during the pendency of any appeal of a	501
violation of division (C) of section 955.22 of the Revised Code	502
and at the discretion of the dog warden, the dog shall be confined	503
or restrained in accordance with the provisions described in	504
division (D) of section 955.22 of the Revised Code or at the	505
county dog pound at the owner's expense.	506

(I) Whoever violates division (A)(2) of section 955.01 or	507
division (E) of section 955.22 of the Revised Code is guilty of a	508
misdemeanor of the first degree.	509

(I)(J) Whoever violates division (E)(2) of section 955.22 of	510
the Revised Code is guilty of a misdemeanor of the fourth degree.	511

(K) Whoever violates division (C) of section 955.221 of the	512
Revised Code is guilty of a minor misdemeanor. Each day of	513
continued violation constitutes a separate offense. Fines levied	514
and collected for violations of that division shall be distributed	515
by the mayor or clerk of the municipal or county court in	516
accordance with section 733.40, division (F) of section 1901.31,	517
or division (C) of section 1907.20 of the Revised Code to the	518
treasury of the county, township, or municipal corporation whose	519
resolution or ordinance was violated.	520

(J)(L) Whoever violates division (F)(1), (2), or (3) of	521
section 955.22 of the Revised Code is guilty of a felony of the	522
fourth degree. Additionally, the court shall order that the	523
vicious dog involved in the violation be humanely destroyed by a	524
licensed veterinarian, the county dog warden, or the county humane	525
society. Until the court makes a final determination and during	526
the pendency of any appeal of a violation of division (F)(1), (2),	527
or (3) of section 955.22 of the Revised Code and at the discretion	528
of the dog warden, the dog shall be confined or restrained in	529
accordance with the provisions of division (D) of section 955.22	530
of the Revised Code or at the county dog pound at the owner's	531
expense.	532

(M) Whoever violates division (E)(1), (3), or (4) of section	533
955.22 of the Revised Code is guilty of a minor misdemeanor.	534

(N) Whoever violates division (I)(4) of section 955.22 of the	535
Revised Code is guilty of a minor misdemeanor.	536

(O) Whoever violates division (A) or (B) of section 955.54 of	537
the Revised Code is guilty of a misdemeanor of the first degree.	538

(P)(1) If a dog is confined at the county dog pound pursuant	539
to division (G), (H), or (L) of this section, the county dog	540
warden shall give written notice of the confinement to the owner	541
of the dog. If the county dog warden is unable to give the notice	542
to the owner of the dog, the county dog warden shall post the	543
notice on the door of the residence of the owner of the dog or in	544
another conspicuous place on the premises at which the dog was	545
seized. The notice shall include a statement that a security in	546
the amount of one hundred dollars is due to the county dog warden	547
within ten days to secure payment of all reasonable expenses,	548
including medical care and boarding of the dog for sixty days,	549
expected to be incurred by the county dog pound in caring for the	550
dog pending the determination. The county dog warden may draw from	551
the security any actual costs incurred in caring for the dog.	552

(2) If the person ordered to post security under division	553
(P)(1) of this section does not do so within ten days of the	554
confinement of the animal, the dog is forfeited, and the county	555
dog warden may determine the disposition of the dog unless the	556
court issues an order that specifies otherwise.	557

(3) Not more than ten days after the court makes a final	558
determination under division (G), (H), or (L) of this section, the	559
county dog warden shall provide the owner of the dog with the	560
actual cost of the confinement of the dog. If the county dog	561
warden finds that the security provided under division (P)(1) of	562
this section is less than the actual cost of confinement of the	563
dog, the owner shall remit the difference between the security	564
provided and the actual cost to the county dog warden within	565
thirty days after the court's determination. If the county dog	566
warden finds that the security provided under division (P)(1) of	567
this section is greater than that actual cost, the county dog	568
warden shall remit the difference between the security provided	569
and the actual cost to the owner within thirty days after the	570
court's determination.	571

(Q) As used in this section, "nuisance dog," "dangerous dog,"	572
and "vicious dog" have the same meanings as in section 955.11 of	573
the Revised Code.	574

Sec. 1901.18.  (A) Except as otherwise provided in this	575
division or section 1901.181 of the Revised Code, subject to the	576
monetary jurisdiction of municipal courts as set forth in section	577
1901.17 of the Revised Code, a municipal court has original	578
jurisdiction within its territory in all of the following actions	579
or proceedings and to perform all of the following functions:	580

(1) In any civil action, of whatever nature or remedy, of	581
which judges of county courts have jurisdiction;	582

(2) In any action or proceeding at law for the recovery of	583
money or personal property of which the court of common pleas has	584
jurisdiction;	585

(3) In any action at law based on contract, to determine,	586
preserve, and enforce all legal and equitable rights involved in	587
the contract, to decree an accounting, reformation, or	588
cancellation of the contract, and to hear and determine all legal	589
and equitable remedies necessary or proper for a complete	590
determination of the rights of the parties to the contract;	591

(4) In any action or proceeding for the sale of personal	592
property under chattel mortgage, lien, encumbrance, or other	593
charge, for the foreclosure and marshalling of liens on personal	594
property of that nature, and for the rendering of personal	595
judgment in the action or proceeding;	596

(5) In any action or proceeding to enforce the collection of	597
its own judgments or the judgments rendered by any court within	598
the territory to which the municipal court has succeeded, and to	599
subject the interest of a judgment debtor in personal property to	600
satisfy judgments enforceable by the municipal court;	601

(6) In any action or proceeding in the nature of	602
interpleader;	603

(7) In any action of replevin;

604

(8) In any action of forcible entry and detainer;

605

(9) In any action concerning the issuance and enforcement of	606
temporary protection orders pursuant to section 2919.26 of the	607
Revised Code or protection orders pursuant to section 2903.213 of	608
the Revised Code or the enforcement of protection orders issued by	609
courts of another state, as defined in section 2919.27 of the	610
Revised Code;	611

(10) If the municipal court has a housing or environmental	612
division, in any action over which the division is given	613
jurisdiction by section 1901.181 of the Revised Code, provided	614
that, except as specified in division (B) of that section, no	615
judge of the court other than the judge of the division shall hear	616
or determine any action over which the division has jurisdiction;	617

(11) In any action brought pursuant to division (I) of	618
section 3733.11 of the Revised Code, if the residential premises	619
that are the subject of the action are located within the	620
territorial jurisdiction of the court;	621

(12) In any civil action as described in division (B)(1) of	622
section 3767.41 of the Revised Code that relates to a public	623
nuisance, and, to the extent any provision of this chapter	624
conflicts or is inconsistent with a provision of that section, the	625
provision of that section shall control in the civil action;	626

(13) In a proceeding brought pursuant to section 955.222 of	627
the Revised Code by the owner of a dog that has been designated as	628
a nuisance dog, dangerous dog, or vicious dog.	629

(B) The Cleveland municipal court also shall have	630
jurisdiction within its territory in all of the following actions	631
or proceedings and to perform all of the following functions:	632

(1) In all actions and proceedings for the sale of real	633
property under lien of a judgment of the municipal court or a lien	634
for machinery, material, or fuel furnished or labor performed,	635
irrespective of amount, and, in those actions and proceedings, the	636
court may proceed to foreclose and marshal all liens and all	637
vested or contingent rights, to appoint a receiver, and to render	638
personal judgment irrespective of amount in favor of any party.	639

(2) In all actions for the foreclosure of a mortgage on real	640
property given to secure the payment of money or the enforcement	641
of a specific lien for money or other encumbrance or charge on	642
real property, when the amount claimed by the plaintiff does not	643
exceed fifteen thousand dollars and the real property is situated	644
within the territory, and, in those actions, the court may proceed	645
to foreclose all liens and all vested and contingent rights and	646
may proceed to render judgments and make findings and orders	647
between the parties in the same manner and to the same extent as	648
in similar actions in the court of common pleas.	649

(3) In all actions for the recovery of real property situated	650
within the territory to the same extent as courts of common pleas	651
have jurisdiction;	652

(4) In all actions for injunction to prevent or terminate	653
violations of the ordinances and regulations of the city of	654
Cleveland enacted or promulgated under the police power of the	655
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	656
Constitution, over which the court of common pleas has or may have	657
jurisdiction, and, in those actions, the court may proceed to	658
render judgments and make findings and orders in the same manner	659
and to the same extent as in similar actions in the court of	660
common pleas.	661

Sec. 1907.031.  (A) Except as otherwise provided in section	662
1907.03 of the Revised Code and in addition to the jurisdiction	663
authorized in other sections of this chapter and in section	664
1909.11 of the Revised Code, a county court has original	665
jurisdiction within its district in all of the following actions	666
or proceedings and to perform all of the following functions:	667

(1) In an action or proceeding at law for the recovery of	668
money or personal property of which the court of common pleas has	669
jurisdiction;	670

(2) In an action at law based on contract, to determine,	671
preserve, and enforce all legal and equitable rights involved in	672
the contract, to decree an accounting, reformation, or	673
cancellation of the contract, and to hear and determine all legal	674
and equitable remedies necessary or proper for a complete	675
determination of the rights of the parties to the contract;	676

(3) In an action or proceeding for the sale of personal	677
property under chattel mortgage, lien, encumbrance, or other	678
charge, for the foreclosure and marshalling of liens on the	679
personal property, and for the rendering of personal judgment in	680
the action or proceeding;	681

(4) In an action or proceeding to enforce the collection of	682
its own judgments and to subject the interest of a judgment debtor	683
in personal property to satisfy judgments enforceable by the	684
county court;	685

(5) In an action or proceeding in the nature of interpleader;

686

(6) In an action of forcible entry and detainer;

687

(7) In a proceeding brought pursuant to section 955.222 of	688
the Revised Code by the owner of a dog that has been designated as	689
a nuisance dog, dangerous dog, or vicious dog.	690

(B) A county court has original jurisdiction in civil actions	691
as described in division (B)(1) of section 3767.41 of the Revised	692
Code that relate to a public nuisance. To the extent any provision	693
of this chapter conflicts or is inconsistent with a provision of	694
that section, the provision of that section shall control in such	695
a civil action.	696

Section 2. That existing sections 955.08, 955.11, 955.22,	697
955.99, 1901.18, and 1907.031 of the Revised Code are hereby	698
repealed.	699

Section 3.  (A) Except as provided in division (B) of this	700
section, an owner, keeper, or harborer of a dog who was required	701
to comply with the requirements pertaining to a vicious dog prior	702
to the effective date of this act shall be required to comply with	703
the requirements pertaining to a dangerous dog on or after the	704
effective date of this act.	705

(B) Division (A) of this section does not apply to an owner,	706
harborer, or keeper of a dog who was required, with respect to	707
that dog, to comply with the requirements pertaining to a vicious	708
dog prior to the effective date of this act solely because the dog	709
belongs to a breed that is commonly known as a pit bull dog.	710