As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 22


Representative Bubp 

Cosponsors: Representatives Letson, Stinziano, Mecklenborg, Huffman, Coley, McKenney, Adams, J., Adams, R., Antonio, Ashford, Baker, Balderson, Barnes, Beck, Blessing, Boose, Brenner, Buchy, Burke, Butler, Carey, Carney, Clyde, Combs, Damschroder, Derickson, Dovilla, Driehaus, Duffey, Fende, Garland, Gentile, Gerberry, Gonzales, Goodwin, Goyal, Hackett, Hagan, Hall, Hayes, Heard, Henne, Hottinger, Johnson, Landis, Luckie, Mallory, Martin, McClain, McGregor, Milkovich, Murray, O'Brien, Patmon, Peterson, Ramos, Roegner, Rosenberger, Ruhl, Slaby, Slesnick, Sprague, Stebelton, Szollosi, Thompson, Uecker, Wachtmann, Weddington, Young Speaker Batchelder 

Senators Brown, Wilson, Hite, Schaffer, Manning, Bacon, Beagle, Cafaro, Daniels, Faber, Gillmor, Grendell, Hughes, Jordan, Kearney, LaRose, Obhof, Oelslager, Patton, Sawyer, Schiavoni, Seitz, Smith, Stewart, Tavares, Turner, Wagoner, Widener 

A BILL
To amend sections 951.02, 951.10, 951.11, 951.12, 1
951.13, 951.99, and 971.18 and to repeal section 2
951.01 of the Revised Code regarding the liability 3
of owners of certain animals that are running at 4
large.5


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

       Section 1. That sections 951.02, 951.10, 951.11, 951.12, 6
951.13, 951.99, and 971.18 of the Revised Code be amended to read 7
as follows:8

       Sec. 951.02.  No person, who is the owner or keeper of 9
horses, mules, cattle, bison, sheep, goats, swine, llamas, 10
alpacas, or geese, shall permit them to run at large in the public 11
road, highway, street, lane, or alley, or upon unenclosed land, or 12
cause suchthe animals to be herded, kept, or detained for the 13
purpose of grazing on premises other than those owned or lawfully 14
occupied by the owner or keeper of suchthe animals.15

       The running at large of any such animal in or upon any of the 16
places mentioned in this section is prima-facie evidence that it 17
is running at large in violation of this section.18

       Sec. 951.10. (A) The owner or keeper of an animal described 19
in section 951.01 or 951.02 of the Revised Code, who negligently20
permits it to run at large in violation of either of such sections21
that section, is liable for all damages resulting from injury, 22
death, or loss to person or property caused by suchthe animal in 23
any of the places specified in section 951.02 of the Revised Code 24
or upon the premises of another without reference to the fence 25
whichthat may enclose suchthe premises.26

       (B) The running at large of any animal specified in section 27
951.02 of the Revised Code in or upon any of the places specified 28
in that section is prima-facie evidence in a civil action for 29
damages under division (A) of this section that the owner or 30
keeper of the animal negligently permitted the animal to run at 31
large in violation of section 951.02 of the Revised Code.32

       Sec. 951.11.  A person finding an animal at large in 33
violation of section 951.01 or 951.02 of the Revised Code, may, 34
and a law enforcement officer of a county, township, city, or 35
village, on view or information, shall, take and confine suchthat36
animal, forthwithpromptly giving notice thereofof the taking and 37
confining of the animal to the owner or keeper, if known, and, if 38
not known, by publishing a notice describing suchthe animal at 39
least once in a newspaper of general circulation in the county, 40
township, city, or village whereinwhere the animal was found. If 41
the owner or keeper does not appear and claim the animal and pay 42
the compensation prescribed in section 951.13 of the Revised Code 43
for so taking, advertising, and keeping it within ten days from 44
the date of suchthe notice, suchthat person or the county shall 45
have a lien thereforfor that compensation, and the animal may be 46
sold at public auction as provided in section 1311.49 of the 47
Revised Code, and the. The residue of the proceeds of sale shall 48
be paid and deposited by the treasurer in the general fund of the 49
county.50

       Sec. 951.12.  If it is proven that an animal running at large 51
in violation of section 951.01 or 951.02 of the Revised Code 52
escaped from its owner or keeper without histhe owner's or 53
keeper's knowledge or fault, suchthe animal shall be returned to 54
its owner or keeper upon payment of the compensation prescribed in 55
section 951.13 of the Revised Code for its taking, advertising, 56
and keeping.57

       Sec. 951.13.  The person or county, township, city, or 58
village whose law enforcement officer takes an animal running at 59
large in violation of section 951.01 or 951.02 of the Revised Code 60
is entitled to receive from the owner or keeper thereofof the 61
animal the following compensation:62

       (A) For taking and advertising each horse, mule, head of 63
cattle, bison, swine, sheep, goat, llama, alpaca, or goose, five 64
dollars;65

       (B) Reasonable expenses actually incurred for keeping each 66
such animal described in division (A) of this section.67

       Compensation for taking, advertising, and keeping a single 68
herd or flock shall not exceed fifty dollars when suchthe flock 69
or herd belongs to one person.70

       Sec. 951.99.  Whoever recklessly violates section 951.01 or71
951.02 of the Revised Code is guilty of a misdemeanor of the 72
fourth degree.73

       Sec. 971.18.  An owner of livestock who negligently permits 74
the livestock to run at large out of the livestock's enclosure is 75
liable for all damages resulting from injury, death, or loss to 76
person or property caused by the livestock on the premises of 77
another.78

       Section 2. That existing sections 951.02, 951.10, 951.11, 79
951.12, 951.13, 951.99, and 971.18 and section 951.01 of the 80
Revised Code are hereby repealed.81