As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 130

Senators Hughes, Cates 

Cosponsors: Senators Lehner, Seitz, Skindell, Turner 

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A BILL

To amend sections 955.02, 955.10, 955.12, 955.20,

1

955.26, and 1901.183 and to enact sections 956.01,

2

956.011, 956.02 to 956.20, 956.98, and 956.99 of

3

the Revised Code to establish licensing

4

requirements and standards of care for certain dog

5

breeding kennels, dog retailers, and animal

6

rescues for dogs.

7

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

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

Sec. 955.12.  The board of county commissioners shall appoint	31
or employ a county dog warden and deputies in such number, for	32
such periods of time, and at such compensation as the board	33
considers necessary to enforce sections 955.01 to 955.27, 955.29	34
to 955.38, and 955.50 to 955.53 of the Revised Code.	35

The warden and deputies shall give bond in a sum not less	36
than five hundred dollars and not more than two thousand dollars,	37
as set by the board, conditioned for the faithful performance of	38
their duties. The bond or bonds may, in the discretion of the	39
board, be individual or blanket bonds. The bonds shall be filed	40
with the county auditor of their respective counties.	41

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 warden and deputies shall also investigate all claims for	65
damages to animals reported to them under section 955.29 of the	66
Revised Code and assist claimants to fill out the claim form	67
therefor. They shall make weekly reports, in writing, to the board	68
in their respective counties of all dogs seized, impounded,	69
redeemed, and destroyed and of all claims for damage to animals	70
inflicted by dogs.	71

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

As used in this section, "animal" has the same meaning as in	107
section 955.51 of the Revised Code.	108

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

When the quarantine has been declared, the director of	154
health, the board, or those persons may require vaccination for	155
rabies of all dogs within the health district or part of it. Proof	156
of rabies vaccination within a satisfactory period shall be	157
demonstrated to the county auditor before any registration is	158
issued under section 955.01 of the Revised Code for any dog that	159
is required to be vaccinated.	160

The public health council shall determine appropriate methods	161
of rabies vaccination and satisfactory periods for purposes of	162
quarantines under this section.	163

When a quarantine of dogs has been declared in any health	164
district or part of a health district, the county dog warden and	165
all other persons having the authority of police officers shall	166
assist the health authorities in enforcing the quarantine order.	167
When rabies vaccination has been declared compulsory in any health	168
district or part of a health district, the dog warden shall assist	169
the health authorities in enforcing the vaccination order.	170

Notwithstanding the provisions of this section, a city or	171
general health district board of health may make orders pursuant	172
to sections 3709.20 and 3709.21 of the Revised Code requiring the	173
vaccination of dogs.	174

Sec. 956.01.  As used in this chapter:

175

(A) "Adult dog" means a dog that is twelve months of age or	176
older.	177

(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

(D) "Boarding kennel" means an establishment operating for	202
profit that keeps, houses, and maintains dogs solely for the	203
purpose of providing shelter, care, and feeding of the dogs in	204
return for a fee or other consideration.	205

(E) "Breeding dog" means an unneutered, unspayed dog that is	206
primarily harbored or housed on property that is the dog's primary	207
residence.	208

(F) "High volume breeder" means an establishment that keeps,	209
houses, and maintains adult breeding dogs that produce at least	210
nine litters of puppies in any given calendar year and, in return	211
for a fee or other consideration, sells sixty or more adult dogs	212
or puppies per calendar year.	213

(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

(H) "Enclosure, crate, or cage" does not include an	221
enclosure, crate, or cage that is used during the transportation	222
of a dog or used for medical purposes.	223

(I) "Environmental division of the Franklin county municipal	224
court" means the environmental division of the Franklin county	225
municipal court created in section 1901.011 of the Revised Code.	226

(J) "Medical kennel for dogs" means a facility that is	227
maintained by a veterinarian and operated primarily for the	228
treatment of sick or injured dogs.	229

(K) "Pet store" means a retail store that sells dogs to the	230
public.	231

(L) "Puppy" means a dog that is under twelve months of age.

232

(M) "Research kennel for dogs" means a facility housing dogs	233
that is maintained exclusively for research purposes.	234

(N) "Veterinarian" means a veterinarian licensed under	235
Chapter 4741. of the Revised Code.	236

Sec. 956.011.  Medical kennels for dogs, research kennels for	237
dogs, animal shelters for dogs that are operated by a municipal	238
corporation, or by a county under Chapter 955. of the Revised	239
Code, and veterinarians are not required to obtain a license under	240
this chapter or comply with any other requirements of this chapter	241
and rules adopted under it.	242

Sec. 956.02.  There is hereby created the kennel control	243
authority for the purpose of administering this chapter and rules	244
adopted under it by the director of the authority and ensuring the	245
welfare and humane treatment of dogs and their offspring in	246
accordance with this chapter and rules adopted under it. The	247
kennel control authority board created in section 956.18 of the	248
Revised Code shall designate a suitable individual as director of	249
the authority who shall serve at the board's pleasure.	250

The director may contract with any political subdivision of	251
the state to assist the director and the director's authorized	252
representatives in administering and enforcing this chapter and	253
rules adopted under it.	254

Sec. 956.03.  The director of the kennel control authority	255
shall adopt rules in accordance with Chapter 119. of the Revised	256
Code establishing all of the following:	257

(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

(C) Requirements and procedures governing dog retailers,	278
including the licensing of and record keeping by dog retailers, in	279
addition to the requirements and procedures established in this	280
chapter. The rules shall require that a dog retailer be assigned a	281
license number and that a dog retailer provide the license number	282
and the applicable vendor number assigned by the department of	283
taxation whenever it solicits business or it is solicited for	284
business.	285

(D) Requirements and procedures governing animal rescues for	286
dogs, including the licensing and inspection of and record keeping	287
by animal rescues for dogs, in addition to the requirements and	288
procedures established in this chapter;	289

(E) The form of applications for licenses issued under this	290
chapter and the information that is required to be submitted in	291
the applications. The rules shall require an animal rescue for	292
dogs to provide in an application for a license the name and	293
address of each foster home that it utilizes.	294

(F) A requirement that each high volume breeder submit to the	295
director, with an application for a high volume breeder license,	296
evidence of insurance or, in the alternative, evidence of a surety	297
bond payable to the authority to ensure compliance with this	298
chapter and rules adopted under it. The face value of the	299
insurance coverage or bond shall be in the following amounts:	300

(1) Five thousand dollars for high volume breeders keeping,	301
housing, and maintaining not more than twenty-five adult dogs;	302

(2) Ten thousand dollars for high volume breeders keeping,	303
housing, and maintaining at least twenty-six adult dogs, but not	304
more than fifty adult dogs;	305

(3) Fifty thousand dollars for high volume breeders keeping,	306
housing, and maintaining more than fifty adult dogs.	307

The rules shall require that the insurance be payable to the	308
state or that the surety bond be subject to redemption by the	309
state, as applicable, upon a suspension or revocation of a high	310
volume breeder license for the purpose of paying for the	311
maintenance and care of dogs that are seized or otherwise	312
impounded from the high volume breeder in accordance with this	313
chapter.	314

(G) Procedures for inspections conducted under section 956.10	315
of the Revised Code in addition to the procedures established in	316
that section, and procedures for making records of the	317
inspections;	318

(H) Requirements and procedures that are necessary to	319
implement and enforce the requirements pertaining to pet stores	320
that are established in section 956.19 of the Revised Code;	321

(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

(J) A requirement that a high volume breeder or a dog	342
retailer who advertises the sale of a puppy or adult dog include	343
with the advertisement the vendor number assigned by the tax	344
commissioner to the high volume breeder or to the dog retailer if	345
the sale of the puppy or dog is subject to the tax levied under	346
Chapter 5739. of the Revised Code;	347

(K) Requirements and procedures governing the registration of	348
litters under section 956.20 of the Revised Code;	349

(L) A requirement that a licensed high volume breeder and a	350
licensed dog retailer comply with Chapter 5739. of the Revised	351
Code. The rules shall authorize the director to suspend or revoke	352
a license for failure to comply with that chapter. The director	353
shall work in conjunction with the tax commissioner for the	354
purposes of this division.	355

(M) Any other requirements and procedures that are determined	356
by the director to be necessary for the administration and	357
enforcement of this chapter and rules adopted under it.	358

Sec. 956.04.  (A)(1) No person shall operate a high volume	359
breeder in this state without a high volume breeder license issued	360
by the director of the kennel control authority in accordance with	361
this section and rules adopted under section 956.03 of the Revised	362
Code.	363

(2) The director shall not issue a license under this section	364
unless the director determines that the applicant will operate or	365
will continue to operate the high volume breeder in accordance	366
with this chapter and rules adopted under it.	367

(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

(C) A person who is proposing to operate a new high volume	376
breeder shall submit an application for a license to the director	377
at least ninety days before commencing operation of the high	378
volume breeder. The application shall be submitted in the form and	379
with the information required by rules adopted under section	380
956.03 of the Revised Code and shall include with it at least all	381
of the following:	382

(1) An affidavit signed under oath or solemn affirmation of	383
the number of adult dogs that are kept, housed, and maintained by	384
the applicant at the location that is the subject of the	385
application;	386

(2) An estimate of the number of puppies to be kept, housed,	387
and maintained and of the number of litters of puppies or total	388
number of puppies to be produced during the annual term of the	389
license;	390

(3) Photographic evidence documenting the facilities where	391
dogs will be kept, housed, and maintained by the applicant. The	392
kennel control authority may conduct an inspection of the	393
facilities that are the subject of an application in addition to	394
reviewing photographic evidence submitted by an applicant for a	395
license.	396

(4) A signed release permitting the performance of a	397
background investigation regarding the applicant in accordance	398
with rules adopted under section 956.03 of the Revised Code;	399

(5) The names and addresses and any other identifying	400
information required by rules adopted under section 956.03 of the	401
Revised Code of all persons who will have custody of or control	402
over dogs kept by the applicant.	403

(D) During the month of December, but before the first day of	404
January of the next year, a person who is proposing to continue	405
the operation of a high volume breeder shall obtain a license for	406
the high volume breeder from the director for the following year.	407
The person shall submit the application to the director on or	408
before the last day of November of the year preceding the year for	409
which the license is sought.	410

(E) The owner or operator of a high volume breeder that is in	411
operation on the effective date of this section shall submit to	412
the director an application for a high volume breeder license not	413
later than three months after the effective date of this section.	414
The director shall issue or deny the application for a license	415
within ninety days after the receipt of the completed application.	416

(F) A person who has received a license under this section,	417
upon sale or other disposition of the high volume breeder, may	418
have the license transferred to another person with the consent of	419
the director, provided that the transferee otherwise qualifies to	420
be licensed as a high volume breeder under this chapter and rules	421
adopted under it and does not have a certified unpaid debt to the	422
state.	423

(G) An applicant for a license issued under this section	424
shall demonstrate that the high volume breeder that is the subject	425
of the application complies with the standards of care and other	426
standards established under this chapter.	427

Sec. 956.05.  (A)(1) No person shall act as or perform the	428
functions of a dog retailer in this state without a dog retailer	429
license issued by the director of the kennel control authority in	430
accordance with this section and rules adopted under section	431
956.03 of the Revised Code.	432

(2) The director shall not issue a license under this section	433
unless the director determines that the applicant will act as or	434
perform the functions of a dog retailer in accordance with this	435
chapter and rules adopted under it.	436

(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

(C) A person who is acting as or performing the functions of	446
a dog retailer on the effective date of this section shall submit	447
to the director an application for a dog retailer license not	448
later than three months after the effective date of this section.	449
The director shall issue or deny the application for a license	450
within ninety days after the receipt of the completed application.	451

Sec. 956.06. No person shall operate an animal rescue for	452
dogs without a license to do so issued by the director of the	453
kennel control authority in accordance with rules adopted under	454
section 956.03 of the Revised Code. No license application fee	455
shall be charged to an animal rescue for dogs. The director shall	456
maintain a database of all persons that are licensed to operate an	457
animal rescue for dogs in this state.	458

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

(1) For a high volume breeder:

467

(a) One hundred fifty dollars if the high volume breeder	468
annually sells at least nine, but not more than fifteen litters;	469

(b) Two hundred fifty dollars if the high volume breeder	470
annually produce at least sells at least sixteen, but not more	471
than twenty-five litters;	472

(c) Three hundred fifty dollars if the high volume breeder	473
annually sells at least twenty-six, but not more than thirty-five	474
litters;	475

(d) Five hundred dollars if the high volume breeder annually	476
sells at least thirty-six, but not more than forty-five litters;	477

(e) Seven hundred fifty dollars if the high volume breeder	478
annually sells forty-six or more litters.	479

(2) For a dog retailer, five hundred dollars.

480

(B) The owner of a boarding kennel shall register the	481
boarding kennel with the director of the kennel control authority	482
by paying an annual fee of fifty dollars.	483

(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

Sec. 956.08. No person operating a high volume breeder or	498
acting as or performing the functions of a dog retailer or animal	499
rescue for dogs shall do any of the following:	500

(A) Fail to keep or confine a dog in accordance with one of	501
the following:	502

(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

(B) Keep or confine dogs in an enclosure, crate, or cage with	543
any dog exhibiting vicious or aggressive behavior. Any dog	544
exhibiting vicious or aggressive behavior shall be housed	545
separately to avoid injury to other dogs.	546

(C) Keep or confine more than three adult dogs in one	547
enclosure, crate, or cage;	548

(D) Keep or confine a female dog that is nursing in an	549
enclosure, crate, or cage with another adult dog;	550

(E) Keep or confine a dog in an enclosure, crate, or cage	551
without access to either natural or artificial light during	552
daytime hours;	553

(F) Keep or confine a dog in an enclosure, crate, or cage	554
outdoors unless the dog has access at all times to a dry insulated	555
indoor shelter or dog house with clean straw or other nontoxic	556
insulating material in an amount that is sufficient to permit the	557
dog to burrow under the straw or material while at the same time	558
using the straw or material as bedding;	559

(G) Keep or confine a dog in an enclosure, crate, or cage if	560
urine or feces have accumulated beyond an amount that is expected	561
to accumulate in a normal twenty-four-hour period or, if the dog	562
is a female dog with a litter, in a normal twelve-hour period;	563

(H) Keep or confine a dog in an enclosure, crate, or cage	564
without access to clean unfrozen water at all times unless the dog	565
is being used for hunting or sledding, in which case access to	566
clean unfrozen water shall be provided not less than one time per	567
eight-hour period. Water shall be provided to a dog in an open	568
bowl or container that is not a drip bottle or limited intake	569
mechanism.	570

(I) Keep or confine a dog in an enclosure, crate, or cage	571
without access to adequate and wholesome food on a daily basis so	572
as to ensure a proper and healthy weight unless medically	573
contraindicated;	574

(J) Keep or confine a dog in an enclosure, crate, or cage	575
with flooring material that is incapable of being cleaned or	576
sanitized or that is likely to cause injury to the pads of a dog's	577
feet;	578

(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

(L) Keep or confine a dog in an enclosure, crate, or cage in	591
unsanitary conditions. Hard surfaces used by dogs shall be	592
spot-cleaned daily and sanitized at least once every two weeks to	593
prevent the accumulation of dirt, debris, food waste, excreta, and	594
other disease hazards.	595

(M) Keep or confine a dog in an enclosure, crate, or cage	596
that is in contact with or in the immediate vicinity of any animal	597
with a diagnosed or suspected disease that is contagious to dogs;	598

(N) Keep or confine a dog in an enclosure, crate, or cage	599
without adequate ventilation to minimize odors, drafts, and	600
ammonia levels and to prevent the condensation of moisture;	601

(O) Keep or confine a dog in an enclosure, crate, or cage	602
without providing shelter from the elements;	603

(P) Keep or confine a dog in an outdoor run or kennel where	604
shade is not provided during the months of May through September;	605

(Q) Keep or confine a dog in an indoor enclosure, crate, or	606
cage where the temperature is below fifty degrees fahrenheit or	607
over ninety degrees fahrenheit;	608

(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

(S) Fail to provide a dog with sufficient interaction with	617
other dogs. The opportunity for interaction shall allow the dog to	618
move relative to age, breed, sex, and reproductive status and	619
shall take place separately from the primary enclosure in an area	620
that is clean and free of pests and vermin and that will prevent	621
escape. Dogs in activity groups shall be compatible and free of	622
infectious disease.	623

(T) Fail to sanitize food and water receptacles at least	624
every two weeks or more often if necessary to prevent an	625
accumulation of dirt, debris, food waste, excreta, and other	626
disease hazards;	627

(U) Fail to provide a dog with appropriate veterinary care	628
and treatment for any disease, illness, or injury;	629

(V) Fail to provide all bitches with a clean, appropriate	630
whelping box to securely house their puppies during whelping. The	631
whelping box shall be designed so that the bitch can lay fully	632
recumbent, stand, turn around, and have some freedom of movement.	633
No other animals shall inhabit the whelping box besides the bitch	634
and puppies.	635

(W) Fail to trim an adult dog's nails so that there is	636
curling or an impairment of the dog's gait;	637

(X) Fail to provide regular care to a dog to prevent matting	638
of fur from fecal matter or bodily fluids;	639

(Y) Fail to provide a dog with appropriate protection from	640
ectopic parasites or treatment for worms if the dog is so	641
afflicted;	642

(Z) Fail to provide an adult dog with appropriate	643
vaccinations as determined by the dog's veterinarian;	644

(AA) Fail to provide each puppy that is three months of age	645
or older with appropriate phase-in booster vaccines as recommended	646
by a veterinarian;	647

(BB) Fail to provide heartworm preventative to a breeding dog	648
as determined by the dog's veterinarian;	649

(CC) Fail to ensure that a dog in the person's possession or	650
control requiring euthanization is euthanized by a veterinarian or	651
a person under the direct supervision of a veterinarian;	652

(DD) Beat or brutalize a dog within the person's custody or	653
control;	654

(EE) Breed a female dog that has not had a physical	655
examination from a veterinarian in the last twelve months before	656
breeding;	657

(FF) Dock a dog's tail, crop a dog's ear, remove a dog's	658
claws, or debark a dog. Tail docking, ear cropping, the removal of	659
a dog's claws, or debarking shall only be conducted by a	660
veterinarian.	661

(GG) Fail to prepare and implement a plan for the disposal of	662
waste that is generated by dogs at the kennel;	663

(HH) Keep a dog in an enclosure, crate, or cage that includes	664
exposed metal caging without a protective plastic or rubber	665
coating.	666

Divisions (A), (E), (F), (H), (I), (K), and (O) of this	667
section do not apply during the temporary transportation of a dog	668
from one location to another location.	669

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

The director or the director's authorized representative	701
shall inspect a boarding kennel when the director or the	702
director's authorized representative has received information that	703
the boarding kennel is breeding dogs and may be subject to	704
licensure under this chapter and rules adopted under section	705
956.03 of the Revised Code.	706

Inspections shall be conducted in accordance with rules	707
adopted under section 956.03 of the Revised Code. A record of each	708
inspection shall be made by the inspector who is responsible for	709
the inspection in accordance with those rules.	710

(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

Sec. 956.11. (A) The director of the kennel control authority	774
or the director's authorized representative may impound a dog if	775
the director or the director's authorized representative has	776
probable cause to believe that the dog is being kept by a high	777
volume breeder, dog retailer, or animal rescue for dogs in a	778
manner that materially violates this chapter or rules adopted	779
under it and if the dog's health or safety appears to be in	780
imminent danger.	781

(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

Sec. 956.13.  (A) The director of the kennel control	834
authority may assess a civil penalty against a person violating	835
this chapter or rules adopted under it if all of the following	836
occur:	837

(1) The person has received an order and been notified of the	838
violation by certified mail as required in section 956.12 of the	839
Revised Code.	840

(2) After the time period for correcting the violation	841
specified in the order has elapsed, the director or the director's	842
authorized representative has inspected the premises where the	843
violation has occurred and determined that the violation has not	844
been corrected, and the director has issued a notice of an	845
adjudication hearing pursuant to division (A)(3) of this section.	846

(3) The director affords the person an opportunity for an	847
adjudication hearing under Chapter 119. of the Revised Code to	848
challenge the director's determination that the person is not in	849
compliance with this chapter or rules adopted under it, the	850
imposition of the civil penalty, or both. A person may waive the	851
opportunity for an adjudication hearing.	852

(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

(C) Civil penalties shall be assessed in the following	861
amounts:	862

(1) A person who has violated division (A)(1) of section	863
956.04 or division (A)(1) of section 956.05 of the Revised Code	864
shall pay a civil penalty in an amount that is equal to two times	865
the amount of the license fee that should have been paid by the	866
person under section 956.07 of the Revised Code.	867

(2) A person who has violated any other provision of this	868
chapter or rules adopted under it, including, but not limited to,	869
the standards of care established in section 956.08 of the Revised	870
Code, shall pay a civil penalty of twenty-five dollars.	871

Each day that a violation continues constitutes a separate	872
violation.	873

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

Sec. 956.15.  (A) The director of the kennel control	885
authority may deny an application for a license that is submitted	886
under section 956.04, 956.05, or 956.06 of the Revised Code for	887
either of the following reasons:	888

(1) The applicant for the license has violated any provision	889
of this chapter or a rule adopted under it if the violation	890
materially threatens the health or welfare of a dog.	891

(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

(B) The director may suspend or revoke a license issued under	900
this chapter for violation of any provision of this chapter or a	901
rule adopted or order issued under it if the violation materially	902
threatens the health and welfare of a dog.	903

(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

Sec. 956.18.  (A) There is hereby created the kennel control	954
authority board consisting of one member of the senate appointed	955
by the president of the senate, one member of the house of	956
representatives appointed by the speaker of the house of	957
representatives, and the following seven members appointed by the	958
governor:	959

(1) One member representing animal care and welfare	960
organizations in this state;	961

(2) One member who is a county dog warden;

962

(3) One member who is a veterinarian;

963

(4) One member representing pet stores in this state that are	964
licensed under this chapter as high volume breeders or dog	965
retailers;	966

(5) One member who is a member in good standing of a national	967
breed parent club of the American kennel club;	968

(6) One member who is licensed under this chapter as a high	969
volume breeder;	970

(7) One member representing the public.

971

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

Members of the board shall serve without compensation for	1005
attending board meetings. Members of the board shall be reimbursed	1006
for their actual and necessary expenses incurred in the	1007
performance of official duties as members of the board.	1008

(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

Sec. 956.19.  (A) In accordance with rules adopted under	1028
section 956.03 of the Revised Code, at the time of the sale of a	1029
dog, a pet store shall provide the buyer of the dog with either of	1030
the following:	1031

(1) A record of veterinary examination that states that the	1032
dog presents no evidence of disease or physical deformity at the	1033
time of the examination;	1034

(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

(B) A pet store shall post written notice of the pet store's	1044
responsibility under this section in a conspicuous location near	1045
the pet store's cash register. The written notice shall be posted	1046
in accordance with rules and shall be in prominent and easily read	1047
type that is not less than eighteen-point type.	1048

(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

(D) No pet store shall fail to comply with this section.

1056

(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

(F) The director of the kennel control authority or the	1067
director's authorized representative shall enforce divisions (A)	1068
to (D) of this section. Kennel control enforcement inspectors may	1069
make inspections of pet stores for the purpose of enforcing those	1070
divisions.	1071

(G) A purchaser shall commence any action necessary to	1072
recover damages specified in division (E) of this section within	1073
two years from the date of purchase of a dog.	1074

Sec. 956.20. No high volume breeder shall sell or otherwise	1075
transfer a puppy that is less than ninety days old without	1076
registering the litter in which the puppy was born with the	1077
director of the kennel control authority in accordance with rules	1078
adopted under section 956.03 of the Revised Code and paying a	1079
registration fee of twenty-five dollars per litter. This section	1080
does not apply to an animal rescue for dogs or an animal shelter	1081
for dogs.	1082

Sec. 956.98.  No person shall violate this chapter or a rule	1083
adopted or order issued under it.	1084

Sec. 956.99.  Whoever violates section 956.98 of the Revised	1085
Code is guilty of a misdemeanor of the first degree.	1086

Sec. 1901.183.  In addition to jurisdiction otherwise granted	1087
in this chapter, the environmental division of a municipal court	1088
shall have jurisdiction within its territory in all of the	1089
following actions or proceedings and to perform all of the	1090
following functions:	1091

(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

(C) When in aid of execution of a judgment of the	1112
environmental division of the municipal court, in all actions for	1113
the recovery of real property situated within the territory to the	1114
same extent as courts of common pleas have jurisdiction;	1115

(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

(H) Concurrent jurisdiction with the court of common pleas of	1149
all criminal actions or proceedings related to the pollution of	1150
the air, ground, or water within the territory of the	1151
environmental division of the municipal court, for which a	1152
sentence of death cannot be imposed under Chapter 2903. of the	1153
Revised Code;	1154

(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

(J) With respect to the environmental division of the	1162
Franklin county municipal court, to hear appeals from adjudication	1163
hearings conducted under Chapter 956. of the Revised Code.	1164

Section 2.  That existing sections 955.02, 955.10, 955.12,	1165
955.20, 955.26, and 1901.183 of the Revised Code are hereby	1166
repealed.	1167

Section 3. It is the intent of the General Assembly to	1168
appropriate money to the High Volume Breeder Kennel Control	1169
License Fund created in section 956.17 of the Revised Code to	1170
enable the Kennel Control Authority created in section 956.02 of	1171
the Revised Code to begin administering Chapter 956. of the	1172
Revised Code and rules adopted under it.	1173

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