Section 1. That sections 955.02, 955.10, 955.12, 955.20, | 8 |
955.26, and 1901.183 be amended and sections 956.01, 956.011, | 9 |
956.02, 956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.09, | 10 |
956.10, 956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 956.17, | 11 |
956.18, 956.19, 956.20, 956.98, and 956.99 of the Revised Code be | 12 |
enacted to read as follows: | 13 |
Sec. 955.02. AAs used in this chapter, "dog kennel" or | 14 |
"kennel owner is a person, partnership, firm, company, or | 15 |
corporation professionally engaged in the business" means an | 16 |
establishment that keeps, houses, and maintains adult dogs, as | 17 |
defined in section 956.01 of the Revised Code, for the purpose of | 18 |
breeding the dogs for hunting or for a fee or other consideration | 19 |
received through a sale, exchange, or lease and that is not a high | 20 |
volume breeder licensed under Chapter 956. of the Revised Code. | 21 |
Sec. 955.10. No owner of a dog, except a dog constantly | 22 |
confined to a
registereddog kennel registered under this chapter | 23 |
or one licensed under Chapter 956. of the Revised Code, shall fail | 24 |
to require the dog to wear, at all times, a valid tag issued in | 25 |
connection with a certificate of registration. A dog's failuredog | 26 |
found not wearing at any time to wear a valid tag shall be | 27 |
prima-facie evidence of lack of registration and shall subject any | 28 |
dog found not wearing such a tag to impounding, sale, or | 29 |
destruction. | 30 |
The warden and deputies shall make a record of all dogs | 42 |
owned, kept, and harbored in their respective counties. They shall | 43 |
patrol their respective counties and seize and impound on sight | 44 |
all dogs found running at large and all dogs more than three | 45 |
months of age found not wearing a valid registration tag, except | 46 |
any dog that wears a valid registration tag and is: on the | 47 |
premises of its owner, keeper, or harborer, under the reasonable | 48 |
control of its owner or some other person, hunting with its owner | 49 |
or its handler at a field trial, kept constantly confined in a | 50 |
registered dog kennel registered under this chapter or one | 51 |
licensed under Chapter 956. of the Revised Code, or acquired by, | 52 |
and confined on the premises of, an institution or organization of | 53 |
the type described in section 955.16 of the Revised Code. A dog | 54 |
that wears a valid registration tag may be seized on the premises | 55 |
of its owner, keeper, or harborer and impounded only in the event | 56 |
of a natural disaster. | 57 |
If a dog warden has reason to believe that a dog is being | 58 |
treated inhumanely on the premises of its owner, keeper, or | 59 |
harborer, the warden shall apply to the court of common pleas for | 60 |
the county in which the premises are located for an order to enter | 61 |
the premises, and if necessary, seize the dog. If the court finds | 62 |
probable cause to believe that the dog is being treated | 63 |
inhumanely, it shall issue such an order. | 64 |
The wardens and deputies shall have the same police powers as | 72 |
are conferred upon sheriffs and police officers in the performance | 73 |
of their duties as prescribed by sections 955.01 to 955.27, 955.29 | 74 |
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall | 75 |
also have power to summon the assistance of bystanders in | 76 |
performing their duties and may serve writs and other legal | 77 |
processes issued by any court in their respective counties with | 78 |
reference to enforcing those sections. County auditors may | 79 |
deputize the wardens or deputies to issue dog licenses as provided | 80 |
in sections 955.01 and 955.14 of the Revised Code. | 81 |
Whenever any person files an affidavit in a court of | 82 |
competent jurisdiction that there is a dog running at large that | 83 |
is not kept constantly confined either in a registered dog kennel | 84 |
registered under this chapter or one licensed under Chapter 956. | 85 |
of the Revised Code or on the premises of an institution or | 86 |
organization of the type described in section 955.16 of the | 87 |
Revised Code or that a dog is kept or harbored in the warden's | 88 |
jurisdiction without being registered as required by law, the | 89 |
court shall immediately order the warden to seize and impound the | 90 |
dog. Thereupon the warden shall immediately seize and impound the | 91 |
dog complained of. The warden shall give immediate notice by | 92 |
certified mail to the owner, keeper, or harborer of the dog seized | 93 |
and impounded by the warden, if the owner, keeper, or harborer can | 94 |
be determined from the current year's registration list maintained | 95 |
by the warden and the county auditor of the county where the dog | 96 |
is registered, that the dog has been impounded and that, unless | 97 |
the dog is redeemed within fourteen days of the date of the | 98 |
notice, it may thereafter be sold or destroyed according to law. | 99 |
If the owner, keeper, or harborer cannot be determined from the | 100 |
current year's registration list maintained by the warden and the | 101 |
county auditor of the county where the dog is registered, the | 102 |
officer shall post a notice in the pound or animal shelter both | 103 |
describing the dog and place where seized and advising the unknown | 104 |
owner that, unless the dog is redeemed within three days, it may | 105 |
thereafter be sold or destroyed according to law. | 106 |
Sec. 955.20. The registration fees provided for in sections | 109 |
955.01 to 955.14 of the Revised Code and money transferred to the | 110 |
county under section 956.07 of the Revised Code constitute a | 111 |
special fund known as "the dog and kennel fund." The fees shall be | 112 |
deposited by the county auditor in the county treasury daily as | 113 |
collected
and. Money in the fund shall be used for the purpose of | 114 |
defraying the cost of furnishing all blanks, records, tags, nets, | 115 |
and other equipment, for the purpose of paying the compensation of | 116 |
county dog wardens, deputies, poundkeepers, and other employees | 117 |
necessary to carry out and enforce sections 955.01 to 955.261 of | 118 |
the Revised Code, and for the payment of animal claims as provided | 119 |
in sections 955.29 to 955.38 of the Revised Code, and in | 120 |
accordance with section 955.27 of the Revised Code. The board of | 121 |
county commissioners, by resolution, shall appropriate sufficient | 122 |
funds out of the dog and kennel fund, not more than fifteen per | 123 |
cent of which shall be expended by the auditor for registration | 124 |
tags, blanks, records, and clerk hire, for the purpose of | 125 |
defraying the necessary expenses of registering, seizing, | 126 |
impounding, and destroying dogs in accordance with sections 955.01 | 127 |
to 955.27 of the Revised Code, and for the purpose of covering any | 128 |
additional expenses incurred by the county auditor as authorized | 129 |
by division (F)(3) of section 955.14 of the Revised Code. | 130 |
If the funds so appropriated in any calendar year are found | 131 |
by the board to be insufficient to defray the necessary cost and | 132 |
expense of the county dog warden in enforcing sections 955.01 to | 133 |
955.27 of the Revised Code, the board, by resolution so provided, | 134 |
after setting aside a sum equal to the total amount of animal | 135 |
claims
paid orfiled in that calendar year, or an amount equal to | 136 |
the total amount of animal claims paid or allowed the preceding | 137 |
year, whichever amount is larger, may appropriate further funds | 138 |
for the use and purpose of the county dog warden in administering | 139 |
those sections. | 140 |
Sec. 955.26. Whenever, in the judgment of the director of | 141 |
health, any city or general health district board of health, or | 142 |
persons performing the duties of a board of health, rabies is | 143 |
prevalent, the director of health, the board, or those persons | 144 |
shall declare a quarantine of all dogs in the health district or | 145 |
in a part of it. During the quarantine, the owner, keeper, or | 146 |
harborer of any dog shall keep it confined on the premises of the | 147 |
owner, keeper, or harborer, or in a suitable pound or, kennel, or | 148 |
other suitable place, at the expense of the owner, keeper, or | 149 |
harborer, except that a dog may be permitted to leave the premises | 150 |
of its owner, keeper, or harborer if it is under leash or under | 151 |
the control of a responsible person. The quarantine order shall be | 152 |
considered an emergency and need not be published. | 153 |
(B) "Animal rescue for dogs" means an individual or | 178 |
organization recognized by the director of the kennel control | 179 |
authority that keeps, houses, and maintains dogs and that is | 180 |
dedicated to the welfare, health, safety, and protection of dogs, | 181 |
provided that the individual or organization does not operate for | 182 |
profit, does not sell dogs for a profit, does not breed dogs, and | 183 |
does not purchase more than nine dogs in any given calendar year | 184 |
unless the dogs are purchased from a dog warden appointed under | 185 |
Chapter 955. of the Revised Code, a humane society established | 186 |
under Chapter 1717. of the Revised Code, or another animal rescue | 187 |
for dogs. "Animal rescue for dogs" includes an individual or | 188 |
organization that offers dogs for adoption and charges reasonable | 189 |
adoption fees approved by the director of the authority under this | 190 |
chapter to cover the costs of the individual or organization, | 191 |
including, but not limited to, costs related to spaying or | 192 |
neutering dogs. | 193 |
(C) "Animal shelter for dogs" means a facility that keeps, | 194 |
houses, and maintains dogs such as a dog pound operated by a | 195 |
municipal corporation, or by a county under Chapter 955. of the | 196 |
Revised Code, or that is operated by a humane society established | 197 |
under Chapter 1717. of the Revised Code, animal welfare society, | 198 |
society for the prevention of cruelty to animals, or other | 199 |
nonprofit organization that is devoted to the welfare, protection, | 200 |
and humane treatment of dogs and other animals. | 201 |
(G) "Dog retailer" means a person who buys, sells, or offers | 214 |
to sell dogs at wholesale for resale to another or who sells or | 215 |
gives one or more dogs to a pet store annually. "Dog retailer" | 216 |
does not include an animal rescue for dogs, an animal shelter for | 217 |
dogs, a humane society established under Chapter 1717. of the | 218 |
Revised Code, a medical kennel for dogs, a research kennel for | 219 |
dogs, a pet store, or a veterinarian. | 220 |
(A) Requirements and procedures governing high volume | 258 |
breeders, including the licensing and inspection of and record | 259 |
keeping by high volume breeders, in addition to the requirements | 260 |
and procedures established in this chapter. The rules shall | 261 |
require that a high volume breeder be assigned a license number | 262 |
and that a high volume breeder provide the license number and the | 263 |
applicable vendor number assigned by the department of taxation | 264 |
whenever it solicits business or it is solicited for business. | 265 |
(B) Requirements and procedures for conducting background | 266 |
investigations of each applicant for a license issued under | 267 |
section 956.04 of the Revised Code in order to determine if the | 268 |
applicant has been convicted of or pleaded guilty to any of the | 269 |
violations specified in division (H) of that section. The rules | 270 |
shall provide that background investigations shall be conducted | 271 |
solely by the attorney general on behalf of the kennel control | 272 |
authority. The rules shall establish procedures for annually | 273 |
updating background investigation information regarding an | 274 |
applicant after an initial background investigation has been | 275 |
conducted with respect to an initial application for a license | 276 |
submitted under that section. | 277 |
(I)(1) A requirement that an in-state retailer or direct | 322 |
seller of a puppy or adult dog provide to the purchaser the | 323 |
complete name, address, and telephone number of all high volume | 324 |
breeders, dog retailers, and private owners that kept, housed, or | 325 |
maintained the puppy or adult dog prior to its coming into the | 326 |
possession of the retailer or direct seller or proof that the | 327 |
puppy or adult dog was acquired through an animal rescue for dogs, | 328 |
animal shelter for dogs, or humane society established under | 329 |
Chapter 1717. of the Revised Code, or a valid health certificate | 330 |
from the state of origin pertaining to the puppy or adult dog; | 331 |
(2) A requirement that an out-of-state retailer or direct | 332 |
seller of a puppy or adult dog that is conducting business in this | 333 |
state provide to the purchaser a valid health certificate from the | 334 |
state of origin pertaining to the puppy or adult dog and the | 335 |
complete name, address, and telephone number of all breeders, | 336 |
sellers, and private owners that kept, housed, or maintained the | 337 |
puppy or adult dog prior to its coming into the possession of the | 338 |
retailer or direct seller or proof that the puppy or adult dog was | 339 |
acquired through an animal rescue for dogs, animal shelter for | 340 |
dogs, or humane society in this state or another state. | 341 |
(B) In determining whether an establishment is a high volume | 368 |
breeder requiring a license under this chapter, the director shall | 369 |
determine if, in any given year, the establishment is a high | 370 |
volume breeder as defined in section 956.01 of the Revised Code. | 371 |
All facilities that are located at an individual postal address | 372 |
shall be licensed as one high volume breeder. Not more than one | 373 |
license shall be issued under this section for any given postal | 374 |
address. | 375 |
(B) A person who is proposing to act as or perform the | 437 |
functions of a dog retailer shall submit an application for a | 438 |
license to the director. During the month of December, but before | 439 |
the first day of January of the next year, a person who is | 440 |
proposing to continue to act as or perform the functions of a dog | 441 |
retailer shall obtain a license from the director for the | 442 |
following year. The person shall submit the application to the | 443 |
director on or before the last day of November of the year | 444 |
preceding the year for which the license is sought. | 445 |
Sec. 956.07. (A) A person who is applying for a license to | 459 |
operate a high volume breeder or to act as or perform the | 460 |
functions of a dog retailer under section 956.04 or 956.05 of the | 461 |
Revised Code, as applicable, shall include with the application | 462 |
for a license a nonrefundable license application fee. For the | 463 |
purpose of calculating the application fee for a high volume | 464 |
breeder, the sale of one dog from a litter constitutes the sale of | 465 |
a litter. The application fees are as follows: | 466 |
(C) Money collected by the director from application and | 484 |
registration fees submitted under this section shall be | 485 |
transmitted by the director to the treasurer of state to be | 486 |
credited to the high volume breeder kennel control license fund | 487 |
created in section 956.17 of the Revised Code. However, the | 488 |
treasurer of state shall transfer to the county in which a high | 489 |
volume breeder is or will be located fifty dollars of the | 490 |
application fee received from the person who is applying for a | 491 |
license to operate the high volume breeder or an amount equal to | 492 |
the fee charged by the county for the registration of a kennel | 493 |
under section 955.04 of the Revised Code, whichever is greater. | 494 |
The county auditor shall deposit the money in the county's dog and | 495 |
kennel fund created in accordance with section 955.20 of the | 496 |
Revised Code. | 497 |
(1) In an indoor enclosure with an attached outdoor enclosure | 503 |
that is accessible to the dog, provided that not more than three | 504 |
dogs are kept or confined in the indoor or outdoor enclosure at | 505 |
any one time. For dogs that weigh less than twenty pounds, the | 506 |
indoor enclosure shall be at least four feet by four feet with an | 507 |
attached outdoor enclosure of at least four feet by eight feet. | 508 |
For dogs that weigh at least twenty pounds, but less than | 509 |
fifty-one pounds, the indoor enclosure shall be at least four feet | 510 |
by six feet with an attached outdoor enclosure of at least four | 511 |
feet by twelve feet. For dogs that weigh fifty-one pounds or more, | 512 |
the indoor enclosure shall be at least four feet by eight feet | 513 |
with an attached outdoor enclosure of at least four feet by | 514 |
sixteen feet. | 515 |
(2) In an indoor enclosure with no attached outdoor | 516 |
enclosure, but with an exercise period in an outdoor enclosure | 517 |
that is provided at least two hours each day, provided that not | 518 |
more than three dogs are kept or confined in the indoor or outdoor | 519 |
enclosure at any one time. For dogs that weigh less than twenty | 520 |
pounds, the indoor enclosure shall be at least four feet by four | 521 |
feet, and outdoor exercise shall take place in an enclosed area | 522 |
that is at least ten feet by ten feet. For dogs that weigh at | 523 |
least twenty pounds, but less than fifty-one pounds, the indoor | 524 |
enclosure shall be at least four feet by six feet, and outdoor | 525 |
exercise shall take place in an enclosed area that is at least | 526 |
twenty feet by twenty feet. For dogs that weigh fifty-one pounds | 527 |
or more, the indoor enclosure shall be at least four feet by eight | 528 |
feet, and outdoor exercise shall take place in an enclosed area | 529 |
that is at least forty feet by forty feet. | 530 |
For purposes of complying with division (A)(2) of this | 531 |
section, an indoor enclosure may be utilized for exercise when | 532 |
weather does not permit access to an outdoor enclosure. However, | 533 |
the indoor exercise enclosure shall comply with the size | 534 |
requirements that are established in this division for outdoor | 535 |
enclosures that are used for exercise. In addition, exercise is | 536 |
not required for a dog that has an illness and for which exercise | 537 |
would be detrimental to recovering from the illness. In addition, | 538 |
for purposes of complying with division (A)(2) of this section, | 539 |
enclosures may be stacked on top of one another, but there shall | 540 |
be a nonporous barrier separating the floor and ceiling of stacked | 541 |
enclosures. | 542 |
(K) Keep or confine a dog in an enclosure, crate, or cage | 579 |
without providing a solid, nonporous surface, free from moisture | 580 |
or feces, that comprises at least fifty per cent of the floor of | 581 |
the enclosure, crate, or cage. The solid surface may include soft | 582 |
bedding. Female dogs with litters and puppies twelve weeks of age | 583 |
or less shall be housed in an enclosure, crate, or cage with a | 584 |
solid, nonporous surface, free from moisture or feces, that | 585 |
comprises one hundred per cent of the floor of the enclosure, | 586 |
crate, or cage. If a nonporous surface that is made of metal is | 587 |
used as flooring in the enclosure, crate, or cage, sufficient | 588 |
straw or soft bedding shall be added to offer protection to the | 589 |
dog. | 590 |
(R) Fail to keep the area around a kennel in good repair, | 609 |
clean, and free from accumulations of junk, waste products, and | 610 |
discarded materials to protect dogs from injury and to prevent | 611 |
infestation by birds, rodents, or other pests. Weeds, grasses, | 612 |
bushes, and trees shall be controlled at the property on which a | 613 |
kennel is located to allow for effective pest control and to | 614 |
protect the health and safety of the dogs that are housed at the | 615 |
kennel. | 616 |
Sec. 956.09. The director of the kennel control authority | 670 |
shall appoint kennel control enforcement inspectors for the | 671 |
purpose of enforcing the requirements and standards established by | 672 |
this chapter and rules adopted under it and to act as authorized | 673 |
agents of the authority. Inspectors shall serve at the pleasure of | 674 |
the director and shall be employees of the kennel control | 675 |
authority. Inspectors may issue citations and orders that are | 676 |
necessary to enforce this chapter and rules adopted under it. The | 677 |
director shall provide each kennel control enforcement inspector | 678 |
with an identifying badge and an official uniform. A kennel | 679 |
control enforcement inspector shall have training in animal | 680 |
husbandry, kennel management, record keeping, and first aid. | 681 |
Sec. 956.10. (A) At least once biennially, the director of | 682 |
the kennel control authority or the director's authorized | 683 |
representative shall inspect a high volume breeder that is subject | 684 |
to licensure under this chapter and rules adopted under section | 685 |
956.03 of the Revised Code to ensure compliance with this chapter | 686 |
and rules adopted under it, including, but not limited to, the | 687 |
standards of care established in section 956.08 of the Revised | 688 |
Code. In addition, upon a complaint, the director may inspect an | 689 |
animal rescue for dogs to ensure compliance with this chapter and | 690 |
rules adopted under section 956.03 of the Revised Code, including, | 691 |
but not limited to, the standards of care established in section | 692 |
956.08 of the Revised Code. Inspections shall be conducted without | 693 |
prior notification to the licensee or persons associated with the | 694 |
licensee. In addition, upon the request of a member of the public, | 695 |
a public official, an animal rescue for dogs, or an animal shelter | 696 |
for dogs, the director or the director's authorized representative | 697 |
shall inspect any facility at which a person is acting as or | 698 |
performing the functions of a dog retailer to ensure such | 699 |
compliance. | 700 |
(B) The director or the director's authorized representative, | 711 |
upon proper identification and upon stating the purpose and | 712 |
necessity of an inspection, may enter at reasonable times on any | 713 |
public or private property, real or personal, to inspect or | 714 |
investigate and to examine or copy records in order to determine | 715 |
compliance with this chapter and rules adopted under it. The | 716 |
director, the director's authorized representative, or the | 717 |
attorney general upon the request of the director may apply to the | 718 |
appropriate court in the county in which inspection will occur for | 719 |
an appropriate court order or search warrant as necessary to | 720 |
achieve the purposes of this chapter and rules adopted under it. | 721 |
(C) No owner or operator of a high volume breeder, person | 722 |
acting as or performing the functions of a dog retailer, owner or | 723 |
operator of an animal rescue for dogs, or owner or operator of a | 724 |
boarding kennel shall interfere with an inspection or refuse to | 725 |
allow an inspector full access to all areas where dogs are kept or | 726 |
cared for. If entry is refused or inspection or investigation is | 727 |
refused, hindered, or thwarted by a high volume breeder, dog | 728 |
retailer, or animal rescue for dogs, the director may suspend or | 729 |
revoke the breeder's, retailer's, or rescue's license in | 730 |
accordance with this chapter. | 731 |
(D) If entry that is authorized by division (B) of this | 732 |
section is refused or if an inspection or investigation is | 733 |
refused, hindered, or thwarted by intimidation or otherwise and if | 734 |
the director, an authorized representative of the director, or the | 735 |
attorney general applies for and obtains a court order or a search | 736 |
warrant under division (B) of this section to conduct the | 737 |
inspection or investigation, the owner or operator of the premises | 738 |
where entry was refused or inspection or investigation was | 739 |
refused, hindered, or thwarted is liable to the director for the | 740 |
reasonable costs incurred by the director for the regular salaries | 741 |
and fringe benefit costs of personnel assigned to conduct the | 742 |
inspection or investigation from the time the court order or | 743 |
search warrant was issued until the court order or search warrant | 744 |
is executed; for the salary, fringe benefits, and travel expenses | 745 |
of the director, an authorized representative of the director, or | 746 |
the attorney general incurred in obtaining the court order or | 747 |
search warrant; and for expenses necessarily incurred for the | 748 |
assistance of local law enforcement officers in executing the | 749 |
court order or search warrant. In the application for a court | 750 |
order or a search warrant, the director, the director's authorized | 751 |
representative, or the attorney general may request and the court, | 752 |
in its order granting the court order or search warrant, may order | 753 |
the owner or operator of the premises to reimburse the director | 754 |
for any of those costs that the court finds reasonable. From money | 755 |
recovered under this division, the director shall reimburse the | 756 |
attorney general for the costs incurred by the attorney general in | 757 |
connection with proceedings for obtaining the court order or | 758 |
search warrant, shall reimburse the political subdivision in which | 759 |
the premises is located for the assistance of its law enforcement | 760 |
officers in executing the court order or search warrant, and shall | 761 |
deposit the remainder in the state treasury to the credit of the | 762 |
high volume breeder kennel control license fund created in section | 763 |
956.17 of the Revised Code. | 764 |
(E) A dog warden appointed under Chapter 955. of the Revised | 765 |
Code or an agent of a humane society established under Chapter | 766 |
1717. of the Revised Code entering on public or private property | 767 |
to make investigations and inspections in accordance with Chapter | 768 |
955. or 1717. of the Revised Code, as applicable, shall report any | 769 |
violations of this chapter and rules adopted under it to the | 770 |
director or a kennel control enforcement inspector and may examine | 771 |
and copy any records that are required to be maintained under | 772 |
rules adopted under this chapter. | 773 |
(B) The director or the director's authorized representative | 782 |
shall give written notice of the impoundment by posting a notice | 783 |
on the door of the premises from which the dog was taken or by | 784 |
otherwise posting the notice in a conspicuous place at the | 785 |
premises from which the dog was taken. The notice shall provide a | 786 |
date for an adjudication hearing, which shall take place not later | 787 |
than five business days after the dog is taken and at which the | 788 |
director shall determine if the dog should be permanently | 789 |
relinquished to the custody of the kennel control authority. | 790 |
(C) The owner or operator of the applicable high volume | 791 |
breeder, the person acting as or performing the functions of a dog | 792 |
retailer, or the owner or operator of the applicable animal rescue | 793 |
for dogs may appeal the determination made at the adjudication | 794 |
hearing in accordance with section 119.12 of the Revised Code, | 795 |
except that the appeal may only be made to the environmental | 796 |
division of the Franklin county municipal court. | 797 |
(D) The director may enter into contracts or agreements with | 798 |
an animal rescue for dogs, an animal shelter for dogs, a boarding | 799 |
kennel, a veterinarian, a board of county commissioners, or a | 800 |
humane society established under Chapter 1717. of the Revised Code | 801 |
for the purpose of keeping, housing, and maintaining dogs that are | 802 |
impounded under this section. If, after the final disposition of | 803 |
an adjudication hearing and any appeals from that adjudication | 804 |
hearing, it is determined that a dog shall be permanently | 805 |
relinquished to the custody of the kennel control authority, the | 806 |
dog may be adopted directly from the animal rescue for dogs, | 807 |
animal shelter for dogs, boarding kennel, veterinarian, county dog | 808 |
pound, or humane society where it is being kept, housed, and | 809 |
maintained, provided that the dog has been spayed or neutered | 810 |
unless there are medical reasons against spaying or neutering as | 811 |
determined by a veterinarian. The animal rescue for dogs, animal | 812 |
shelter for dogs, boarding kennel, veterinarian, county dog pound, | 813 |
or humane society may charge a reasonable adoption fee. The fee | 814 |
shall be at least sufficient to cover the costs of spaying or | 815 |
neutering the dog unless it is medically contraindicated. | 816 |
Impounded dogs shall be returned to persons acquitted of any | 817 |
alleged violations. | 818 |
Sec. 956.12. If the director of the kennel control authority | 819 |
or the director's authorized representative determines that a | 820 |
person has violated or is violating this chapter or rules adopted | 821 |
under it, the director may issue and cause to be served by | 822 |
certified mail or personal service a citation of violation and an | 823 |
order requiring the person to cease the acts or practices that | 824 |
constitute a violation of this chapter or rules adopted under it | 825 |
or requiring the person to take corrective actions to eliminate | 826 |
the conditions that constitute a violation of this chapter and | 827 |
rules adopted under it. The order shall state specifically the | 828 |
provision or provisions of this chapter or the rule or rules | 829 |
adopted under this chapter that have been violated and the facts | 830 |
constituting the violation, the actions that the person must take | 831 |
to correct the deficiencies, and the time period within which the | 832 |
person must correct the violations. | 833 |
(B) If the opportunity for an adjudication hearing is waived | 853 |
or if, after an adjudication hearing, the director determines that | 854 |
a violation of this chapter or a rule adopted under it has | 855 |
occurred or is occurring, the director may assess a civil penalty. | 856 |
The civil penalty may be appealed in accordance with section | 857 |
119.12 of the Revised Code, except that the civil penalty may only | 858 |
be appealed to the environmental division of the Franklin county | 859 |
municipal court. | 860 |
Sec. 956.14. The attorney general, upon the request of the | 874 |
director of the kennel control authority, may bring an action for | 875 |
injunction against a person who has violated or is violating this | 876 |
chapter, rules adopted under it, or an order issued under section | 877 |
956.12 of the Revised Code. An action for injunction shall be | 878 |
filed in the appropriate court in the county in which the | 879 |
violation is alleged to have occurred. The court shall grant such | 880 |
injunctive relief upon a showing that the person against whom the | 881 |
action is brought has violated or is violating this chapter, rules | 882 |
adopted under it, or an order issued under it. The court shall | 883 |
give precedence to such an action over all other cases. | 884 |
(2) The applicant, in the past twenty years, has been | 892 |
convicted of or pleaded guilty to violating section 959.01, | 893 |
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised | 894 |
Code or an equivalent municipal ordinance, law of another state, | 895 |
or law of the federal government or, in the past twenty years, has | 896 |
been convicted of or pleaded guilty to violating more than once | 897 |
section 2919.25 of the Revised Code or an equivalent municipal | 898 |
ordinance, law of another state, or law of the federal government. | 899 |
(C) An application or a license shall not be denied, | 904 |
suspended, or revoked under this section without a written order | 905 |
of the director stating the findings on which the denial, | 906 |
suspension, or revocation is based. A copy of the order shall be | 907 |
sent to the applicant or license holder by certified mail or may | 908 |
be provided to the applicant or license holder by personal | 909 |
service. In addition, the person to whom a denial, suspension, or | 910 |
revocation applies may request an adjudication hearing under | 911 |
Chapter 119. of the Revised Code. The director shall comply with | 912 |
such a request. The determination of the director at an | 913 |
adjudication hearing may be appealed in accordance with section | 914 |
119.12 of the Revised Code, except that the determination may be | 915 |
appealed only to the environmental division of the Franklin county | 916 |
municipal court. | 917 |
Sec. 956.16. The director of the kennel control authority, | 918 |
the director's authorized representative, or the attorney general | 919 |
may require the attendance of witnesses and the production of | 920 |
books, records, papers, and dogs that are needed either by the | 921 |
director or the attorney general or by any party to a hearing | 922 |
before the director and for that purpose may issue a subpoena for | 923 |
any witness or a subpoena duces tecum to compel the production of | 924 |
any books, records, papers, or dogs. The subpoena shall be served | 925 |
by personal service or by certified mail. If the subpoena is | 926 |
returned because of inability to deliver, or if no return is | 927 |
received within thirty days after the date of mailing, the | 928 |
subpoena may be served by ordinary mail. If no return of ordinary | 929 |
mail is received within thirty days after the date of mailing, | 930 |
service shall be deemed to have been made. If the subpoena is | 931 |
returned because of inability to deliver, the director or the | 932 |
attorney general may designate a person or persons to effect | 933 |
either personal or residence service on the witness. The person | 934 |
designated to effect personal or residence service under this | 935 |
section may be the sheriff of the county in which the witness | 936 |
resides or may be found or any other duly designated person. The | 937 |
fees and mileage of the person serving the subpoena shall be the | 938 |
same as those allowed by the courts of common pleas in criminal | 939 |
cases and shall be paid from the funds of the authority. Fees and | 940 |
mileage for the witness shall be the same as those allowed for | 941 |
witnesses by the courts of common pleas in criminal cases and | 942 |
shall be paid from the funds of the authority upon request of the | 943 |
witness following the hearing. | 944 |
Sec. 956.17. All money collected by the director of the | 945 |
kennel control authority from license and registration fees under | 946 |
sections 956.07 and 956.20 of the Revised Code and all money | 947 |
collected from civil penalties assessed under section 956.13 of | 948 |
the Revised Code shall be deposited in the state treasury to the | 949 |
credit of the high volume breeder kennel control license fund, | 950 |
which is hereby created. The director shall use money in the fund | 951 |
for the purpose of administering this chapter and rules adopted | 952 |
under it. | 953 |
Initial appointments to the board shall be made not later | 972 |
than sixty days after the effective date of this section. Terms of | 973 |
office of the members appointed by the president of the senate and | 974 |
the speaker of the house of representatives shall coincide with | 975 |
their terms of office as members of the senate and the house of | 976 |
representatives, as applicable. Of the initial appointments made | 977 |
by the governor, two shall be for one-year terms, two shall be for | 978 |
two-year terms, and three shall be for three-year terms. | 979 |
Thereafter, terms of office of members appointed by the governor | 980 |
shall be three years, with each term ending on the same day of the | 981 |
same month as did the term that it succeeds. Each member shall | 982 |
hold office from the date of appointment until the end of the term | 983 |
for which the member was appointed. Members may be reappointed. | 984 |
Vacancies shall be filled in the manner provided for the original | 985 |
appointments. Any member appointed to fill a vacancy occurring | 986 |
before the expiration date of the term for which the member's | 987 |
predecessor was appointed shall hold office for the remainder of | 988 |
the term. A member shall continue in office subsequent to the | 989 |
expiration date of the member's term until the member's successor | 990 |
takes office or until a period of sixty days has elapsed, | 991 |
whichever occurs first. | 992 |
(B) The governor shall select a chairperson from among the | 993 |
board's members. A majority of the members of the board | 994 |
constitutes a quorum. The board shall meet at least four times a | 995 |
year in Columbus or at other locations selected by the | 996 |
chairperson. The chairperson shall determine the agenda for each | 997 |
meeting of the board. However, if the member appointed by the | 998 |
president of the senate and the member appointed by the speaker of | 999 |
the house of representatives jointly request in writing that an | 1000 |
item be placed on the agenda for a meeting of the board, the | 1001 |
chairperson shall place the item on the agenda at the board's next | 1002 |
regularly scheduled meeting occurring more than ten days after the | 1003 |
request has been made. | 1004 |
(C) The board shall provide oversight and evaluation of the | 1009 |
administration of this chapter and rules adopted under it, | 1010 |
including the operation of the kennel control authority created in | 1011 |
section 956.02 of the Revised Code. The oversight and evaluation | 1012 |
may include, but not be limited to, a determination of whether | 1013 |
this chapter and rules adopted under it and the operation of the | 1014 |
authority have resulted in the prevention of cruelty to and abuse | 1015 |
of dogs and an evaluation of the sanctions imposed on violators of | 1016 |
this chapter and rules adopted under it. In addition, the board | 1017 |
may make recommendations to the director of the kennel control | 1018 |
authority for changes to the administration of this chapter and | 1019 |
rules adopted under it and to the general assembly for changes to | 1020 |
this chapter that the board considers necessary for the effective | 1021 |
enforcement of this chapter and rules adopted under it. The board | 1022 |
may inspect records kept by the kennel control authority and may | 1023 |
interview kennel control enforcement inspectors. The board, by the | 1024 |
thirty-first day of December each year, shall issue a report of | 1025 |
its findings and submit it to the authority, the president of the | 1026 |
senate, and the speaker of the house of representatives. | 1027 |
(2) A money-back guarantee that is valid for not less than | 1035 |
twenty-one days after the date of purchase of the dog. The | 1036 |
guarantee shall authorize the purchaser of the dog to receive the | 1037 |
purchase price of the dog from the pet store within that | 1038 |
twenty-one-day period if the purchaser presents a statement to the | 1039 |
pet store from a veterinarian who has examined the dog within | 1040 |
fourteen days of the purchase of the dog that the dog has a | 1041 |
significant disease, illness, or injury that was in existence at | 1042 |
the time of the purchase of the dog. | 1043 |
(C) At a time prior to the sale of a dog, a pet store shall | 1049 |
provide the name, complete address, and telephone number of the | 1050 |
breeder that bred the dog, the high volume breeder where the dog | 1051 |
was kept, housed, and maintained, and the dog retailer from whom | 1052 |
the pet store acquired the dog, as applicable. The pet store also | 1053 |
shall provide the telephone number and the address of the kennel | 1054 |
control authority. | 1055 |
(E) A pet store that fails to comply with division (A)(1) of | 1057 |
this section with respect to the sale of a dog or a pet store that | 1058 |
fails to refund the purchase price of a dog in accordance with | 1059 |
division (A)(2) of this section is liable to the purchaser of the | 1060 |
dog for an amount that is equal to the actual damages incurred by | 1061 |
the purchaser within one year after the date of the purchase of | 1062 |
the dog, except that veterinary expenses are to be limited to not | 1063 |
more than five hundred dollars. The pet store also is liable for | 1064 |
reasonable attorney's fees and costs incurred by the purchaser. In | 1065 |
addition, the buyer of the dog may keep the dog. | 1066 |
(A) Notwithstanding any monetary limitations in section | 1092 |
1901.17 of the Revised Code, in all actions and proceedings for | 1093 |
the sale of real or personal property under lien of a judgment of | 1094 |
the environmental division of the municipal court, or a lien for | 1095 |
machinery, material, fuel furnished, or labor performed, | 1096 |
irrespective of amount, and, in those cases, the environmental | 1097 |
division may proceed to foreclose and marshal all liens and all | 1098 |
vested or contingent rights, to appoint a receiver, and to render | 1099 |
personal judgment irrespective of amount in favor of any party; | 1100 |
(B) When in aid of execution of a judgment of the | 1101 |
environmental division of the municipal court, in all actions for | 1102 |
the foreclosure of a mortgage on real property given to secure the | 1103 |
payment of money, or the enforcement of a specific lien for money | 1104 |
or other encumbrance or charge on real property, when the real | 1105 |
property is situated within the territory, and, in those cases, | 1106 |
the environmental division may proceed to foreclose all liens and | 1107 |
all vested and contingent rights and proceed to render judgments, | 1108 |
and make findings and orders, between the parties, in the same | 1109 |
manner and to the same extent as in similar cases in the court of | 1110 |
common pleas; | 1111 |
(D) In all actions for injunction to prevent or terminate | 1116 |
violations of the ordinances and regulations of any municipal | 1117 |
corporation within its territory enacted or promulgated under the | 1118 |
police power of that municipal corporation pursuant to Section 3 | 1119 |
of Article XVIII, Ohio Constitution, over which the court of | 1120 |
common pleas has or may have jurisdiction, and, in those cases, | 1121 |
the environmental division of the municipal court may proceed to | 1122 |
render judgments, and make findings and orders, in the same manner | 1123 |
and to the same extent as in similar cases in the court of common | 1124 |
pleas; | 1125 |
(E) In all actions for injunction to prevent or terminate | 1126 |
violations of the resolutions and regulations of any political | 1127 |
subdivision within its territory enacted or promulgated under the | 1128 |
power of that political subdivision pursuant to Article X of the | 1129 |
Ohio Constitution, over which the court of common pleas has or may | 1130 |
have jurisdiction, and, in those cases, the environmental division | 1131 |
of the municipal court may proceed to render judgments, and make | 1132 |
findings and orders, in the same manner and to the same extent as | 1133 |
in similar cases in the court of common pleas; | 1134 |
(F) In any civil action to enforce any provision of Chapter | 1135 |
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code | 1136 |
over which the court of common pleas has or may have jurisdiction, | 1137 |
and, in those actions, the environmental division of the municipal | 1138 |
court may proceed to render judgments, and make findings and | 1139 |
orders, in the same manner and to the same extent as in similar | 1140 |
actions in the court of common pleas; | 1141 |
(G) In all actions and proceedings in the nature of | 1142 |
creditors' bills, and in aid of execution to subject the interests | 1143 |
of a judgment debtor in real or personal property to the payment | 1144 |
of a judgment of the division, and, in those actions and | 1145 |
proceedings, the environmental division may proceed to marshal and | 1146 |
foreclose all liens on the property irrespective of the amount of | 1147 |
the lien, and all vested or contingent rights in the property; | 1148 |
(I) In any review or appeal of any final order of any | 1155 |
administrative officer, agency, board, department, tribunal, | 1156 |
commission, or other instrumentality that relates to a local | 1157 |
building, housing, air pollution, sanitation, health, fire, | 1158 |
zoning, or safety code, ordinance, or regulation, in the same | 1159 |
manner and to the same extent as in similar appeals in the court | 1160 |
of common pleas; | 1161 |
Section 4. Notwithstanding the requirements for licensure for | 1174 |
two members of the Kennel Control Authority Board created in | 1175 |
section 956.18 of the Revised Code, for the initial appointments | 1176 |
of those members it is sufficient that the appointees apply for | 1177 |
the requisite licensure within thirty days after their | 1178 |
appointments are made. Their continued membership on the Board is | 1179 |
contingent upon the satisfactory completion of the application | 1180 |
process and receipt of the requisite license from the director of | 1181 |
the Kennel Control Authority. An inability to obtain approval for | 1182 |
licensure shall render the office vacant. All subsequent members | 1183 |
who are required to have a license shall be licensed, or be in the | 1184 |
process of renewing the license, before being appointed to the | 1185 |
Board. | 1186 |