As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 130

Senators Hughes, Cates 

Cosponsors: Senators Lehner, Seitz, Skindell, Turner, Hite, Beagle, Burke, Gentile, Jones, LaRose, Niehaus, Patton, Sawyer, Schiavoni, Tavares, Wagoner 

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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

to 956.06 and 956.08 to 956.21 of the Revised Code

3

to regulate certain dog breeding kennels, dog

4

retailers, and animal rescues for dogs.

5

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

Section 1.  That sections 955.02, 955.10, 955.12, 955.20,	6
955.26, and 1901.183 be amended and sections 956.01, 956.02,	7
956.03, 956.04, 956.05, 956.06, 956.08, 956.09, 956.10, 956.11,	8
956.12, 956.13, 956.14, 956.15, 956.16, 956.17, 956.18, 956.19,	9
956.20, and 956.21 of the Revised Code be enacted to read as	10
follows:	11

Sec. 955.02. AAs used in this chapter, "dog kennel" or	12
"kennel owner is a person, partnership, firm, company, or	13
corporation professionally engaged in the business" means an	14
establishment that keeps, houses, and maintains adult dogs, as	15
defined in section 956.01 of the Revised Code, for the purpose of	16
breeding the dogs for hunting or for a fee or other consideration	17
received through a sale, exchange, or lease and that is not a high	18
volume breeder licensed under Chapter 956. of the Revised Code.	19

Sec. 955.10.  No owner of a dog, except a dog constantly	20
confined to a registereddog kennel registered under this chapter	21
or one licensed under Chapter 956. of the Revised Code, shall fail	22
to require the dog to wear, at all times, a valid tag issued in	23
connection with a certificate of registration. A dog's failuredog	24
found not wearing at any time to wear a valid tag shall be	25
prima-facie evidence of lack of registration and shall subject any	26
dog found not wearing such a tag to impounding, sale, or	27
destruction.	28

Sec. 955.12.  The board of county commissioners shall appoint	29
or employ a county dog warden and deputies in such number, for	30
such periods of time, and at such compensation as the board	31
considers necessary to enforce sections 955.01 to 955.27, 955.29	32
to 955.38, and 955.50 to 955.53 of the Revised Code.	33

The warden and deputies shall give bond in a sum not less	34
than five hundred dollars and not more than two thousand dollars,	35
as set by the board, conditioned for the faithful performance of	36
their duties. The bond or bonds may, in the discretion of the	37
board, be individual or blanket bonds. The bonds shall be filed	38
with the county auditor of their respective counties.	39

The warden and deputies shall make a record of all dogs	40
owned, kept, and harbored in their respective counties. They shall	41
patrol their respective counties and seize and impound on sight	42
all dogs found running at large and all dogs more than three	43
months of age found not wearing a valid registration tag, except	44
any dog that wears a valid registration tag and is: on the	45
premises of its owner, keeper, or harborer, under the reasonable	46
control of its owner or some other person, hunting with its owner	47
or its handler at a field trial, kept constantly confined in a	48
registered dog kennel registered under this chapter or one	49
licensed under Chapter 956. of the Revised Code, or acquired by,	50
and confined on the premises of, an institution or organization of	51
the type described in section 955.16 of the Revised Code. A dog	52
that wears a valid registration tag may be seized on the premises	53
of its owner, keeper, or harborer and impounded only in the event	54
of a natural disaster.	55

If a dog warden has reason to believe that a dog is being	56
treated inhumanely on the premises of its owner, keeper, or	57
harborer, the warden shall apply to the court of common pleas for	58
the county in which the premises are located for an order to enter	59
the premises, and if necessary, seize the dog. If the court finds	60
probable cause to believe that the dog is being treated	61
inhumanely, it shall issue such an order.	62

The warden and deputies shall also investigate all claims for	63
damages to animals reported to them under section 955.29 of the	64
Revised Code and assist claimants to fill out the claim form	65
therefor. They shall make weekly reports, in writing, to the board	66
in their respective counties of all dogs seized, impounded,	67
redeemed, and destroyed and of all claims for damage to animals	68
inflicted by dogs.	69

The wardens and deputies shall have the same police powers as	70
are conferred upon sheriffs and police officers in the performance	71
of their duties as prescribed by sections 955.01 to 955.27, 955.29	72
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	73
also have power to summon the assistance of bystanders in	74
performing their duties and may serve writs and other legal	75
processes issued by any court in their respective counties with	76
reference to enforcing those sections. County auditors may	77
deputize the wardens or deputies to issue dog licenses as provided	78
in sections 955.01 and 955.14 of the Revised Code.	79

Whenever any person files an affidavit in a court of	80
competent jurisdiction that there is a dog running at large that	81
is not kept constantly confined either in a registered dog kennel	82
registered under this chapter or one licensed under Chapter 956.	83
of the Revised Code or on the premises of an institution or	84
organization of the type described in section 955.16 of the	85
Revised Code or that a dog is kept or harbored in the warden's	86
jurisdiction without being registered as required by law, the	87
court shall immediately order the warden to seize and impound the	88
dog. Thereupon the warden shall immediately seize and impound the	89
dog complained of. The warden shall give immediate notice by	90
certified mail to the owner, keeper, or harborer of the dog seized	91
and impounded by the warden, if the owner, keeper, or harborer can	92
be determined from the current year's registration list maintained	93
by the warden and the county auditor of the county where the dog	94
is registered, that the dog has been impounded and that, unless	95
the dog is redeemed within fourteen days of the date of the	96
notice, it may thereafter be sold or destroyed according to law.	97
If the owner, keeper, or harborer cannot be determined from the	98
current year's registration list maintained by the warden and the	99
county auditor of the county where the dog is registered, the	100
officer shall post a notice in the pound or animal shelter both	101
describing the dog and place where seized and advising the unknown	102
owner that, unless the dog is redeemed within three days, it may	103
thereafter be sold or destroyed according to law.	104

As used in this section, "animal" has the same meaning as in	105
section 955.51 of the Revised Code.	106

Sec. 955.20.  The registration fees provided for in sections	107
955.01 to 955.14 of the Revised Code and money transferred to the	108
county under section 956.18 of the Revised Code constitute a	109
special fund known as "the dog and kennel fund." The fees shall be	110
deposited by the county auditor in the county treasury daily as	111
collected and. Money in the fund shall be used for the purpose of	112
defraying the cost of furnishing all blanks, records, tags, nets,	113
and other equipment, for the purpose of paying the compensation of	114
county dog wardens, deputies, poundkeepers, and other employees	115
necessary to carry out and enforce sections 955.01 to 955.261 of	116
the Revised Code, and for the payment of animal claims as provided	117
in sections 955.29 to 955.38 of the Revised Code, and in	118
accordance with section 955.27 of the Revised Code. The board of	119
county commissioners, by resolution, shall appropriate sufficient	120
funds out of the dog and kennel fund, not more than fifteen per	121
cent of which shall be expended by the auditor for registration	122
tags, blanks, records, and clerk hire, for the purpose of	123
defraying the necessary expenses of registering, seizing,	124
impounding, and destroying dogs in accordance with sections 955.01	125
to 955.27 of the Revised Code, and for the purpose of covering any	126
additional expenses incurred by the county auditor as authorized	127
by division (F)(3) of section 955.14 of the Revised Code.	128

If the funds so appropriated in any calendar year are found	129
by the board to be insufficient to defray the necessary cost and	130
expense of the county dog warden in enforcing sections 955.01 to	131
955.27 of the Revised Code, the board, by resolution so provided,	132
after setting aside a sum equal to the total amount of animal	133
claims paid orfiled in that calendar year, or an amount equal to	134
the total amount of animal claims paid or allowed the preceding	135
year, whichever amount is larger, may appropriate further funds	136
for the use and purpose of the county dog warden in administering	137
those sections.	138

Sec. 955.26.  Whenever, in the judgment of the director of	139
health, any city or general health district board of health, or	140
persons performing the duties of a board of health, rabies is	141
prevalent, the director of health, the board, or those persons	142
shall declare a quarantine of all dogs in the health district or	143
in a part of it. During the quarantine, the owner, keeper, or	144
harborer of any dog shall keep it confined on the premises of the	145
owner, keeper, or harborer, or in a suitable pound or, kennel, or	146
other suitable place, at the expense of the owner, keeper, or	147
harborer, except that a dog may be permitted to leave the premises	148
of its owner, keeper, or harborer if it is under leash or under	149
the control of a responsible person. The quarantine order shall be	150
considered an emergency and need not be published.	151

When the quarantine has been declared, the director of	152
health, the board, or those persons may require vaccination for	153
rabies of all dogs within the health district or part of it. Proof	154
of rabies vaccination within a satisfactory period shall be	155
demonstrated to the county auditor before any registration is	156
issued under section 955.01 of the Revised Code for any dog that	157
is required to be vaccinated.	158

The public health council shall determine appropriate methods	159
of rabies vaccination and satisfactory periods for purposes of	160
quarantines under this section.	161

When a quarantine of dogs has been declared in any health	162
district or part of a health district, the county dog warden and	163
all other persons having the authority of police officers shall	164
assist the health authorities in enforcing the quarantine order.	165
When rabies vaccination has been declared compulsory in any health	166
district or part of a health district, the dog warden shall assist	167
the health authorities in enforcing the vaccination order.	168

Notwithstanding the provisions of this section, a city or	169
general health district board of health may make orders pursuant	170
to sections 3709.20 and 3709.21 of the Revised Code requiring the	171
vaccination of dogs.	172

Sec. 956.01.  As used in this chapter:

173

(A) "Adult dog" means a dog that is twelve months of age or	174
older.	175

(B) "Animal rescue for dogs" means an individual or	176
organization recognized by the director of agriculture that keeps,	177
houses, and maintains dogs and that is dedicated to the welfare,	178
health, safety, and protection of dogs, provided that the	179
individual or organization does not operate for profit, does not	180
sell dogs for a profit, does not breed dogs, and does not purchase	181
more than nine dogs in any given calendar year unless the dogs are	182
purchased from a dog warden appointed under Chapter 955. of the	183
Revised Code, a humane society established under Chapter 1717. of	184
the Revised Code, or another animal rescue for dogs. "Animal	185
rescue for dogs" includes an individual or organization that	186
offers spayed or neutered dogs for adoption and charges reasonable	187
adoption fees approved by the director under this chapter to cover	188
the costs of the individual or organization, including, but not	189
limited to, costs related to spaying or neutering dogs.	190

(C) "Animal shelter for dogs" means a facility that keeps,	191
houses, and maintains dogs such as a dog pound operated by a	192
municipal corporation, or by a county under Chapter 955. of the	193
Revised Code, or that is operated by a humane society established	194
under Chapter 1717. of the Revised Code, animal welfare society,	195
society for the prevention of cruelty to animals, or other	196
nonprofit organization that is devoted to the welfare, protection,	197
and humane treatment of dogs and other animals.	198

(D) "Boarding kennel" means an establishment operating for	199
profit that keeps, houses, and maintains dogs solely for the	200
purpose of providing shelter, care, and feeding of the dogs in	201
return for a fee or other consideration.	202

(E) "Breeding dog" means an unneutered, unspayed dog that is	203
primarily harbored or housed on property that is the dog's primary	204
residence.	205

(F) "High volume breeder" means an establishment that keeps,	206
houses, and maintains adult breeding dogs that produce at least	207
nine litters of puppies in any given calendar year and, in return	208
for a fee or other consideration, sells sixty or more adult dogs	209
or puppies per calendar year.	210

(G) "Dog retailer" means a person who buys, sells, or offers	211
to sell dogs at wholesale for resale to another or who sells or	212
gives one or more dogs to a pet store annually. "Dog retailer"	213
does not include an animal rescue for dogs, an animal shelter for	214
dogs, a humane society established under Chapter 1717. of the	215
Revised Code, a medical kennel for dogs, a research kennel for	216
dogs, a pet store, or a veterinarian.	217

(H) "Environmental division of the Franklin county municipal	218
court" means the environmental division of the Franklin county	219
municipal court created in section 1901.011 of the Revised Code.	220

(I) "Medical kennel for dogs" means a facility that is	221
maintained by a veterinarian and operated primarily for the	222
treatment of sick or injured dogs.	223

(J) "Pet store" means a retail store that sells dogs to the	224
public.	225

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

226

(L) "Research kennel for dogs" means a facility housing dogs	227
that is maintained exclusively for research purposes.	228

(M) "Veterinarian" means a veterinarian licensed under	229
Chapter 4741. of the Revised Code.	230

Sec. 956.02.  Medical kennels for dogs, research kennels for	231
dogs, animal shelters for dogs that are operated by a municipal	232
corporation, or by a county under Chapter 955. of the Revised	233
Code, and veterinarians are not required to obtain a license under	234
this chapter or comply with any other requirements of this chapter	235
and rules adopted under it.	236

Sec. 956.03.  The director of agriculture shall adopt rules	237
in accordance with Chapter 119. of the Revised Code establishing	238
all of the following:	239

(A) Requirements and procedures governing high volume	240
breeders, including the licensing and inspection of and record	241
keeping by high volume breeders, in addition to the requirements	242
and procedures established in this chapter. The rules shall	243
require that a high volume breeder be assigned a license number	244
and that a high volume breeder provide the license number and the	245
applicable vendor number assigned by the department of taxation	246
whenever it solicits business or it is solicited for business.	247

(B) Requirements and procedures for conducting background	248
investigations of each applicant for a license issued under	249
section 956.04 of the Revised Code in order to determine if the	250
applicant has been convicted of or pleaded guilty to any of the	251
violations specified in division (A)(2) of section 956.15 of the	252
Revised Code. The rules shall provide that background	253
investigations shall be conducted solely by the attorney general	254
on behalf of the director. The rules shall establish procedures	255
for annually updating background investigation information	256
regarding an applicant after an initial background investigation	257
has been conducted with respect to an initial application for a	258
license submitted under that section.	259

(C) Requirements and procedures governing dog retailers,	260
including the licensing of and record keeping by dog retailers, in	261
addition to the requirements and procedures established in this	262
chapter. The rules shall require that a dog retailer be assigned a	263
license number and that a dog retailer provide the license number	264
and the applicable vendor number assigned by the department of	265
taxation whenever it solicits business or it is solicited for	266
business.	267

(D) The form of applications for licenses issued under this	268
chapter and the information that is required to be submitted in	269
the applications. The rules shall require an animal rescue for	270
dogs to provide in an application for a license the name and	271
address of each foster home that it utilizes.	272

(E) A requirement that each high volume breeder submit to the	273
director, with an application for a high volume breeder license,	274
evidence of insurance or, in the alternative, evidence of a surety	275
bond payable to the state to ensure compliance with this chapter	276
and rules adopted under it. The face value of the insurance	277
coverage or bond shall be in the following amounts:	278

(1) Five thousand dollars for high volume breeders keeping,	279
housing, and maintaining not more than twenty-five adult dogs;	280

(2) Ten thousand dollars for high volume breeders keeping,	281
housing, and maintaining at least twenty-six adult dogs, but not	282
more than fifty adult dogs;	283

(3) Fifty thousand dollars for high volume breeders keeping,	284
housing, and maintaining more than fifty adult dogs.	285

The rules shall require that the insurance be payable to the	286
state or that the surety bond be subject to redemption by the	287
state, as applicable, upon a suspension or revocation of a high	288
volume breeder license for the purpose of paying for the	289
maintenance and care of dogs that are seized or otherwise	290
impounded from the high volume breeder in accordance with this	291
chapter.	292

(F) Procedures for inspections conducted under section 956.10	293
of the Revised Code in addition to the procedures established in	294
that section, and procedures for making records of the	295
inspections;	296

(G) Requirements and procedures that are necessary to	297
implement and enforce the requirements pertaining to pet stores	298
that are established in section 956.20 of the Revised Code;	299

(H)(1) A requirement that an in-state retailer of a puppy or	300
adult dog provide to the purchaser the complete name, address, and	301
telephone number of all high volume breeders, dog retailers, and	302
private owners that kept, housed, or maintained the puppy or adult	303
dog prior to its coming into the possession of the retailer or	304
proof that the puppy or adult dog was acquired through an animal	305
rescue for dogs, animal shelter for dogs, or humane society	306
established under Chapter 1717. of the Revised Code, or a valid	307
health certificate from the state of origin pertaining to the	308
puppy or adult dog;	309

(2) A requirement that an out-of-state retailer of a puppy or	310
adult dog that is conducting business in this state provide to the	311
purchaser a valid health certificate from the state of origin	312
pertaining to the puppy or adult dog and the complete name,	313
address, and telephone number of all breeders, retailers, and	314
private owners that kept, housed, or maintained the puppy or adult	315
dog prior to its coming into the possession of the retailer or	316
proof that the puppy or adult dog was acquired through an animal	317
rescue for dogs, animal shelter for dogs, or humane society in	318
this state or another state.	319

(I) A requirement that a high volume breeder or a dog	320
retailer who advertises the sale of a puppy or adult dog include	321
with the advertisement the vendor number assigned by the tax	322
commissioner to the high volume breeder or to the dog retailer if	323
the sale of the puppy or dog is subject to the tax levied under	324
Chapter 5739. of the Revised Code;	325

(J) Requirements and procedures governing the registration of	326
litters under section 956.21 of the Revised Code;	327

(K) A requirement that a licensed high volume breeder and a	328
licensed dog retailer comply with Chapter 5739. of the Revised	329
Code. The rules shall authorize the director to suspend or revoke	330
a license for failure to comply with that chapter. The director	331
shall work in conjunction with the tax commissioner for the	332
purposes of rules adopted under this division.	333

(L) Any other requirements and procedures that are determined	334
by the director to be necessary for the administration and	335
enforcement of this chapter and rules adopted under it. However,	336
rules adopted under this division shall not establish additional	337
requirements and procedures governing animal rescues for dogs	338
other than those adopted under division (D) of this section.	339

Sec. 956.04.  (A)(1) No person shall operate a high volume	340
breeder in this state without a high volume breeder license issued	341
by the director of agriculture in accordance with this section and	342
rules adopted under section 956.03 of the Revised Code.	343

(2) No license application fee shall be charged to an	344
applicant for a license under this section.	345

(3) The director shall not issue a license under this section	346
unless the director determines that the applicant will operate or	347
will continue to operate the high volume breeder in accordance	348
with this chapter and rules adopted under it.	349

(B) In determining whether an establishment is a high volume	350
breeder requiring a license under this chapter, the director shall	351
determine if, in any given year, the establishment is a high	352
volume breeder as defined in section 956.01 of the Revised Code.	353
All facilities that are located at an individual postal address	354
shall be licensed as one high volume breeder. Not more than one	355
license shall be issued under this section for any given postal	356
address.	357

(C) A person who is proposing to operate a new high volume	358
breeder shall submit an application for a license to the director	359
at least ninety days before commencing operation of the high	360
volume breeder. The application shall be submitted in the form and	361
with the information required by rules adopted under section	362
956.03 of the Revised Code and shall include with it at least all	363
of the following:	364

(1) An affidavit signed under oath or solemn affirmation of	365
the number of adult dogs that are kept, housed, and maintained by	366
the applicant at the location that is the subject of the	367
application;	368

(2) An estimate of the number of puppies to be kept, housed,	369
and maintained and of the number of litters of puppies or total	370
number of puppies to be produced during the term of the license;	371

(3) Photographic evidence documenting the facilities where	372
dogs will be kept, housed, and maintained by the applicant. The	373
director may conduct an inspection of the facilities that are the	374
subject of an application in addition to reviewing photographic	375
evidence submitted by an applicant for a license.	376

(4) A signed release permitting the performance of a	377
background investigation regarding the applicant in accordance	378
with rules adopted under section 956.03 of the Revised Code;	379

(5) The names and addresses and any other identifying	380
information required by rules adopted under section 956.03 of the	381
Revised Code of all persons who will have custody of or control	382
over dogs kept by the applicant.	383

An applicant shall specify whether the applicant is applying	384
for a license that is valid for a period of one year, three years,	385
or five years.	386

(D) During the month of December of the last year in which a	387
license is valid, but before the first day of January of the next	388
year, a person who is proposing to continue the operation of a	389
high volume breeder shall obtain a license for the high volume	390
breeder from the director for a period of one year, three years,	391
or five years. The person shall submit the application to the	392
director on or before the last day of November of the last year in	393
which a license is valid.	394

(E) The owner or operator of a high volume breeder that is in	395
operation on the effective date of this section shall submit to	396
the director an application for a high volume breeder license not	397
later than three months after the effective date of this section.	398
The director shall issue or deny the application for a license	399
within ninety days after the receipt of the completed application.	400

(F) A person who has received a license under this section,	401
upon sale or other disposition of the high volume breeder, may	402
have the license transferred to another person with the consent of	403
the director, provided that the transferee otherwise qualifies to	404
be licensed as a high volume breeder under this chapter and rules	405
adopted under it and does not have a certified unpaid debt to the	406
state.	407

(G) An applicant for a license issued under this section	408
shall demonstrate that the high volume breeder that is the subject	409
of the application complies with the standards of care and other	410
standards established under this chapter.	411

Sec. 956.05.  (A)(1) No person shall act as or perform the	412
functions of a dog retailer in this state without a dog retailer	413
license issued by the director of agriculture in accordance with	414
this section and rules adopted under section 956.03 of the Revised	415
Code.	416

(2) No license application fee shall be charged to an	417
applicant for a license under this section.	418

(3) The director shall not issue a license under this section	419
unless the director determines that the applicant will act as or	420
perform the functions of a dog retailer in accordance with this	421
chapter and rules adopted under it.	422

(B) A person who is proposing to act as or perform the	423
functions of a dog retailer shall submit an application for a	424
license to the director. During the month of December, but before	425
the first day of January of the next year, a person who is	426
proposing to continue to act as or perform the functions of a dog	427
retailer shall obtain a license from the director for the	428
following year. The person shall submit the application to the	429
director on or before the last day of November of the year	430
preceding the year for which the license is sought.	431

(C) A person who is acting as or performing the functions of	432
a dog retailer on the effective date of this section shall submit	433
to the director an application for a dog retailer license not	434
later than three months after the effective date of this section.	435
The director shall issue or deny the application for a license	436
within ninety days after the receipt of the completed application.	437

Sec. 956.06. No person shall operate an animal rescue for	438
dogs without a license to do so issued by the director of	439
agriculture in accordance with rules adopted under section 956.03	440
of the Revised Code. No license application fee shall be charged	441
to an animal rescue for dogs. The director shall maintain a	442
database of all persons that are licensed to operate an animal	443
rescue for dogs in this state.	444

Sec. 956.08. No person operating a high volume breeder or	445
acting as or performing the functions of a dog retailer shall fail	446
to comply with the standards established by the commercial dog	447
breeding oversight board under section 956.19 of the Revised Code.	448

Sec. 956.09. The director of agriculture shall appoint	449
inspectors for the purpose of enforcing the requirements and	450
standards established under this chapter and rules adopted under	451
it and to act as authorized representatives of the director.	452
Inspectors shall serve at the pleasure of the director and shall	453
be employees of the department of agriculture. Inspectors may	454
issue citations and orders that are necessary to enforce this	455
chapter and rules adopted under it. The director shall provide	456
each inspector with an identifying badge and an official uniform.	457
An inspector shall have training in animal husbandry, kennel	458
management, record keeping, and first aid.	459

Sec. 956.10.  (A) At least once biennially, the director of	460
agriculture or the director's authorized representative shall	461
inspect a high volume breeder that is subject to licensure under	462
this chapter and rules adopted under section 956.03 of the Revised	463
Code to ensure compliance with this chapter and rules adopted	464
under it, including the standards of care established under	465
section 956.19 of the Revised Code. In addition, upon a complaint,	466
the director may inspect an animal rescue for dogs to ensure	467
compliance with this chapter. Inspections shall be conducted	468
without prior notification to the licensee or persons associated	469
with the licensee. In addition, upon the request of a member of	470
the public, a public official, an animal rescue for dogs, or an	471
animal shelter for dogs, the director or the director's authorized	472
representative shall inspect any facility at which a person is	473
acting as or performing the functions of a dog retailer to ensure	474
such compliance.	475

The director or the director's authorized representative	476
shall inspect a boarding kennel when the director or the	477
director's authorized representative has received information that	478
the boarding kennel is breeding dogs and may be subject to	479
licensure under this chapter and rules adopted under section	480
956.03 of the Revised Code.	481

Inspections shall be conducted in accordance with rules	482
adopted under section 956.03 of the Revised Code. A record of each	483
inspection shall be made by the director or the director's	484
authorized representative who is responsible for the inspection in	485
accordance with those rules.	486

Upon completion of an inspection of a high volume breeder,	487
the director or the director's authorized representative shall	488
rate the high volume breeder in accordance with the rating system	489
established under section 956.19 of the Revised Code. The director	490
or the director's authorized representative shall notify the high	491
volume breeder of the rating assigned to it.	492

(B) The director or the director's authorized representative,	493
upon proper identification and upon stating the purpose and	494
necessity of an inspection, may enter at reasonable times on any	495
public or private property, real or personal, to inspect or	496
investigate and to examine or copy records in order to determine	497
compliance with this chapter and rules adopted under it. The	498
director, the director's authorized representative, or the	499
attorney general upon the request of the director may apply to the	500
appropriate court in the county in which inspection will occur for	501
an appropriate court order or search warrant as necessary to	502
achieve the purposes of this chapter and rules adopted under it.	503

(C) No owner or operator of a high volume breeder, person	504
acting as or performing the functions of a dog retailer, owner or	505
operator of an animal rescue for dogs, or owner or operator of a	506
boarding kennel shall interfere with an inspection or refuse to	507
allow the director or the director's authorized representative	508
full access to all areas where dogs are kept or cared for. If	509
entry is refused or inspection or investigation is refused,	510
hindered, or thwarted by a high volume breeder, dog retailer, or	511
animal rescue for dogs, the director may suspend or revoke the	512
breeder's, retailer's, or rescue's license in accordance with this	513
chapter.	514

(D) If entry that is authorized by division (B) of this	515
section is refused or if an inspection or investigation is	516
refused, hindered, or thwarted by intimidation or otherwise and if	517
the director, an authorized representative of the director, or the	518
attorney general applies for and obtains a court order or a search	519
warrant under division (B) of this section to conduct the	520
inspection or investigation, the owner or operator of the premises	521
where entry was refused or inspection or investigation was	522
refused, hindered, or thwarted is liable to the director for the	523
reasonable costs incurred by the director for the regular salaries	524
and fringe benefit costs of personnel assigned to conduct the	525
inspection or investigation from the time the court order or	526
search warrant was issued until the court order or search warrant	527
is executed; for the salary, fringe benefits, and travel expenses	528
of the director, an authorized representative of the director, or	529
the attorney general incurred in obtaining the court order or	530
search warrant; and for expenses necessarily incurred for the	531
assistance of local law enforcement officers in executing the	532
court order or search warrant. In the application for a court	533
order or a search warrant, the director, the director's authorized	534
representative, or the attorney general may request and the court,	535
in its order granting the court order or search warrant, may order	536
the owner or operator of the premises to reimburse the director	537
for any of those costs that the court finds reasonable. From money	538
recovered under this division, the director shall reimburse the	539
attorney general for the costs incurred by the attorney general in	540
connection with proceedings for obtaining the court order or	541
search warrant, shall reimburse the political subdivision in which	542
the premises is located for the assistance of its law enforcement	543
officers in executing the court order or search warrant, and shall	544
deposit the remainder in the state treasury to the credit of the	545
high volume breeder kennel control license fund created in section	546
956.18 of the Revised Code.	547

(E) A dog warden appointed under Chapter 955. of the Revised	548
Code or an agent of a humane society established under Chapter	549
1717. of the Revised Code entering on public or private property	550
to make investigations and inspections in accordance with Chapter	551
955. or 1717. of the Revised Code, as applicable, shall report any	552
violations of this chapter and rules adopted under it to the	553
director or the director's authorized representative and may	554
examine and copy any records that are required to be maintained	555
under rules adopted under this chapter.	556

Sec. 956.11. (A) The director of agriculture or the	557
director's authorized representative may impound a dog if the	558
director or the director's authorized representative has probable	559
cause to believe that the dog is being kept by a high volume	560
breeder or dog retailer in a manner that materially violates this	561
chapter or rules adopted under it and if the dog's health or	562
safety appears to be in imminent danger. In addition, the director	563
or the director's authorized representative may impound a dog that	564
is being kept by an animal rescue for dogs if the dog's health or	565
safety appears to be in imminent danger.	566

(B) The director or the director's authorized representative	567
shall give written notice of the impoundment by posting a notice	568
on the door of the premises from which the dog was taken or by	569
otherwise posting the notice in a conspicuous place at the	570
premises from which the dog was taken. The notice shall provide a	571
date for an adjudication hearing, which shall take place not later	572
than five business days after the dog is taken and at which the	573
director shall determine if the dog should be permanently	574
relinquished to the custody of the director.	575

(C) The owner or operator of the applicable high volume	576
breeder, the person acting as or performing the functions of a dog	577
retailer, or the owner or operator of the applicable animal rescue	578
for dogs may appeal the determination made at the adjudication	579
hearing in accordance with section 119.12 of the Revised Code,	580
except that the appeal may be made only to the environmental	581
division of the Franklin county municipal court.	582

(D) The director may enter into contracts or agreements with	583
an animal rescue for dogs, an animal shelter for dogs, a boarding	584
kennel, a veterinarian, a board of county commissioners, or a	585
humane society established under Chapter 1717. of the Revised Code	586
for the purpose of keeping, housing, and maintaining dogs that are	587
impounded under this section. If, after the final disposition of	588
an adjudication hearing and any appeals from that adjudication	589
hearing, it is determined that a dog shall be permanently	590
relinquished to the custody of the director, the dog may be	591
adopted directly from the animal rescue for dogs, animal shelter	592
for dogs, boarding kennel, veterinarian, county dog pound, or	593
humane society where it is being kept, housed, and maintained,	594
provided that the dog has been spayed or neutered unless there are	595
medical reasons against spaying or neutering as determined by a	596
veterinarian. The animal rescue for dogs, animal shelter for dogs,	597
boarding kennel, veterinarian, county dog pound, or humane society	598
may charge a reasonable adoption fee. The fee shall be at least	599
sufficient to cover the costs of spaying or neutering the dog	600
unless it is medically contraindicated. Impounded dogs shall be	601
returned to persons acquitted of any alleged violations.	602

Sec. 956.12.  If the director of agriculture or the	603
director's authorized representative determines that a person has	604
violated or is violating this chapter or rules adopted under it,	605
the director may issue and cause to be served by certified mail or	606
personal service a citation of violation and an order requiring	607
the person to cease the acts or practices that constitute a	608
violation of this chapter or rules adopted under it or requiring	609
the person to take corrective actions to eliminate the conditions	610
that constitute a violation of this chapter and rules adopted	611
under it. The order shall state specifically the provision or	612
provisions of this chapter or the rule or rules adopted under this	613
chapter that have been violated and the facts constituting the	614
violation, the actions that the person must take to correct the	615
deficiencies, and the time period within which the person must	616
correct the violations.	617

Sec. 956.13.  (A) The director of agriculture may assess a	618
civil penalty against a person violating this chapter or rules	619
adopted under it if all of the following occur:	620

(1) The person has received an order and been notified of the	621
violation by certified mail or personal service as required in	622
section 956.12 of the Revised Code.	623

(2) After the time period for correcting the violation	624
specified in the order has elapsed, the director or the director's	625
authorized representative has inspected the premises where the	626
violation has occurred and determined that the violation has not	627
been corrected, and the director has issued a notice of an	628
adjudication hearing pursuant to division (A)(3) of this section.	629

(3) The director affords the person an opportunity for an	630
adjudication hearing under Chapter 119. of the Revised Code to	631
challenge the director's determination that the person is not in	632
compliance with this chapter or rules adopted under it, the	633
imposition of the civil penalty, or both. A person may waive the	634
opportunity for an adjudication hearing.	635

(B) If the opportunity for an adjudication hearing is waived	636
or if, after an adjudication hearing, the director determines that	637
a violation of this chapter or a rule adopted under it has	638
occurred or is occurring, the director may assess a civil penalty.	639
The civil penalty may be appealed in accordance with section	640
119.12 of the Revised Code, except that the civil penalty may be	641
appealed only to the environmental division of the Franklin county	642
municipal court.	643

(C) Civil penalties shall be assessed in the following	644
amounts:	645

(1) A person who has violated division (A)(1) of section	646
956.04 or division (A)(1) of section 956.05 of the Revised Code	647
shall pay a civil penalty in an amount that is established in	648
rules adopted under section 956.03 of the Revised Code.	649

(2) A person who has violated any other provision of this	650
chapter or rules adopted under it, including the standards of care	651
established under section 956.19 of the Revised Code, shall pay a	652
civil penalty of twenty-five dollars.	653

Each day that a violation continues constitutes a separate	654
violation.	655

Sec. 956.14. The attorney general, upon the request of the	656
director of agriculture, may bring an action for injunction	657
against a person who has violated or is violating this chapter,	658
rules adopted under it, or an order issued under section 956.12 of	659
the Revised Code. An action for injunction shall be filed in the	660
appropriate court in the county in which the violation is alleged	661
to have occurred. The court shall grant such injunctive relief	662
upon a showing that the person against whom the action is brought	663
has violated or is violating this chapter, rules adopted under it,	664
or an order issued under it. The court shall give precedence to	665
such an action over all other cases.	666

Sec. 956.15.  (A) The director of agriculture may deny an	667
application for a license that is submitted under section 956.04,	668
956.05, or 956.06 of the Revised Code for either of the following	669
reasons:	670

(1) The applicant for the license has violated any provision	671
of this chapter or a rule adopted under it if the violation	672
materially threatens the health or welfare of a dog.	673

(2) The applicant, in the past twenty years, has been	674
convicted of or pleaded guilty to violating section 959.01,	675
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised	676
Code or an equivalent municipal ordinance, law of another state,	677
or law of the federal government or, in the past twenty years, has	678
been convicted of or pleaded guilty to violating more than once	679
section 2919.25 of the Revised Code or an equivalent municipal	680
ordinance, law of another state, or law of the federal government.	681

(B) The director may suspend or revoke a license issued under	682
this chapter for violation of any provision of this chapter or a	683
rule adopted or order issued under it if the violation materially	684
threatens the health and welfare of a dog.	685

(C) An application or a license shall not be denied,	686
suspended, or revoked under this section without a written order	687
of the director stating the findings on which the denial,	688
suspension, or revocation is based. A copy of the order shall be	689
sent to the applicant or license holder by certified mail or may	690
be provided to the applicant or license holder by personal	691
service. In addition, the person to whom a denial, suspension, or	692
revocation applies may request an adjudication hearing under	693
Chapter 119. of the Revised Code. The director shall comply with	694
such a request. The determination of the director at an	695
adjudication hearing may be appealed in accordance with section	696
119.12 of the Revised Code, except that the determination may be	697
appealed only to the environmental division of the Franklin county	698
municipal court.	699

Sec. 956.16.  The director of agriculture, the director's	700
authorized representative, or the attorney general may require the	701
attendance of witnesses and the production of books, records,	702
papers, and dogs that are needed either by the director or the	703
attorney general or by any party to a hearing before the director	704
and for that purpose may issue a subpoena for any witness or a	705
subpoena duces tecum to compel the production of any books,	706
records, papers, or dogs. The subpoena shall be served by personal	707
service or by certified mail. If the subpoena is returned because	708
of inability to deliver, or if no return is received within thirty	709
days after the date of mailing, the subpoena may be served by	710
ordinary mail. If no return of ordinary mail is received within	711
thirty days after the date of mailing, service shall be deemed to	712
have been made. If the subpoena is returned because of inability	713
to deliver, the director or the attorney general may designate a	714
person or persons to effect either personal or residence service	715
on the witness. The person designated to effect personal or	716
residence service under this section may be the sheriff of the	717
county in which the witness resides or may be found or any other	718
duly designated person. The fees and mileage of the person serving	719
the subpoena shall be the same as those allowed by the courts of	720
common pleas in criminal cases and shall be paid from the funds of	721
the authority. Fees and mileage for the witness shall be the same	722
as those allowed for witnesses by the courts of common pleas in	723
criminal cases and, upon request of the witness following the	724
hearing, shall be paid from the money in the high volume breeder	725
kennel control license fund created in section 956.18 of the	726
Revised Code.	727

Sec. 956.17.  The director of agriculture may contract with	728
any political subdivision of the state to assist the director and	729
the director's authorized representatives in administering and	730
enforcing this chapter and rules adopted under it.	731

Sec. 956.18. (A) All money collected by the director of	732
agriculture from civil penalties assessed under section 956.13 of	733
the Revised Code shall be deposited in the state treasury to the	734
credit of the high volume breeder kennel control license fund,	735
which is hereby created. The fund shall also consist of money	736
appropriated to it.	737

(B) No money may be released from the fund without	738
controlling board approval. The commercial dog breeding oversight	739
board created in section 956.19 of the Revised Code shall request	740
the controlling board to release money in an amount not to exceed	741
two million five hundred thousand dollars per biennium.	742

(C) The director shall do both of the following:

743

(1) Request the director of budget and management to, and the	744
director of budget and management shall, transfer money to each	745
county's dog and kennel fund established in section 955.20 of the	746
Revised Code in accordance with a formula established by the	747
director of agriculture in rules adopted in accordance with	748
Chapter 119. of the Revised Code;	749

(2) Use the remainder of the money in the fund for the	750
purpose of administering this chapter and rules adopted under it.	751

Sec. 956.19.  (A) There is hereby created in the department	752
of agriculture the commercial dog breeding oversight board	753
consisting of all of the following members:	754

(1) The state veterinarian in the department of agriculture;

755

(2) The following six members appointed by the director of	756
agriculture, with the advice and consent of the senate:	757

(a) One member representing a county humane society	758
established under Chapter 1717. of the Revised Code;	759

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

760

(c) One member who is a veterinarian;

761

(d) One member representing animal rescues for dogs in this	762
state;	763

(e) One member who is a member of a professional dog breeding	764
association in this state;	765

(f) One member representing the public.

766

Initial appointments to the board shall be made not later	767
than sixty days after the effective date of this section. Of the	768
initial appointments, two shall be for one-year terms, two shall	769
be for two-year terms, and two shall be for three-year terms.	770
Thereafter, terms of office of appointed members shall be three	771
years, with each term ending on the same day of the same month as	772
did the term that it succeeds. Each member shall hold office from	773
the date of appointment until the end of the term for which the	774
member was appointed. Members may be reappointed. Vacancies shall	775
be filled in the manner provided for the original appointments.	776
Any member appointed to fill a vacancy occurring before the	777
expiration date of the term for which the member's predecessor was	778
appointed shall hold office for the remainder of the term. A	779
member shall continue in office subsequent to the expiration date	780
of the member's term until the member's successor takes office or	781
until a period of sixty days has elapsed, whichever occurs first.	782

(B) The director shall select a chairperson from among the	783
board's members. A majority of the members of the board	784
constitutes a quorum. The board shall meet at least four times a	785
year in Columbus or at other locations selected by the	786
chairperson. The chairperson shall determine the agenda for each	787
meeting of the board.	788

Members of the board shall serve without compensation for	789
attending board meetings. Members of the board shall be reimbursed	790
for their actual and necessary expenses incurred in the	791
performance of official duties as members of the board.	792

(C) The board shall provide oversight and evaluation of the	793
administration of this chapter and rules adopted under it. The	794
oversight and evaluation may include, but not be limited to, a	795
determination of whether this chapter and rules adopted under it	796
and the administration and enforcement of this chapter and rules	797
adopted under it by the director have resulted in the prevention	798
of cruelty to and abuse of dogs and an evaluation of the sanctions	799
imposed on violators of this chapter and rules adopted under it.	800
In addition, the board may make recommendations to the director	801
for changes to the administration of this chapter and rules	802
adopted under it and to the general assembly for changes to this	803
chapter that the board considers necessary for the effective	804
enforcement of this chapter and rules adopted under it. The board	805
may inspect records kept by the director for the purposes of this	806
chapter and may interview inspectors employed by the director to	807
enforce this chapter and rules adopted under it. The board, by the	808
thirty-first day of December each year, shall issue a report of	809
its findings and submit it to the director, the president of the	810
senate, and the speaker of the house of representatives.	811

(D) For purposes of section 956.08 of the Revised Code, the	812
board shall establish standards governing all of the following:	813

(1) Housing;

814

(2) Nutrition;

815

(3) Exercise;

816

(4) Grooming;

817

(5) Biosecurity and disease control;

818

(6) Waste management;

819

(7) Whelping;

820

(8) Any other general standards of care for dogs.

821

(E) In establishing the standards under division (D) of this	822
section, the board shall consider the following factors:	823

(1) Best management practices for the care and well-being of	824
dogs;	825

(2) Biosecurity;

826

(3) The prevention of disease;

827

(4) Morbidity and mortality data;

828

(5) Generally accepted veterinary medical standards and	829
ethical standards established by the American veterinary medical	830
association.	831

(F) The board shall establish a system for rating high volume	832
breeders licensed under this chapter. Ratings shall be based on	833
compliance with this chapter and rules adopted and standards	834
established under it. The board shall determine criteria to be	835
used in establishing ratings.	836

Sec. 956.20.  (A) In accordance with rules adopted under	837
section 956.03 of the Revised Code, at the time of the sale of a	838
dog, a pet store shall provide the buyer of the dog with either of	839
the following:	840

(1) A record of veterinary examination that states that the	841
dog presents no evidence of disease or physical deformity at the	842
time of the examination;	843

(2) A money-back guarantee that is valid for not less than	844
twenty-one days after the date of purchase of the dog. The	845
guarantee shall authorize the purchaser of the dog to receive the	846
purchase price of the dog from the pet store within that	847
twenty-one-day period if the purchaser presents a statement to the	848
pet store from a veterinarian who has examined the dog within	849
fourteen days of the purchase of the dog that the dog has a	850
significant disease, illness, or injury that was in existence at	851
the time of the purchase of the dog.	852

(B) A pet store shall post written notice of the pet store's	853
responsibility under this section in a conspicuous location near	854
the pet store's cash register. The written notice shall be posted	855
in accordance with rules and shall be in prominent and easily read	856
type that is not less than eighteen-point type.	857

(C) At a time prior to the sale of a dog, a pet store shall	858
provide the name, complete address, and telephone number of the	859
breeder that bred the dog, the high volume breeder where the dog	860
was kept, housed, and maintained, and the dog retailer from whom	861
the pet store acquired the dog, as applicable. The pet store also	862
shall provide the telephone number and the address of the	863
department of agriculture.	864

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

865

(E) A pet store that fails to comply with division (A)(1) of	866
this section with respect to the sale of a dog or a pet store that	867
fails to refund the purchase price of a dog in accordance with	868
division (A)(2) of this section is liable to the purchaser of the	869
dog for an amount that is equal to the actual damages incurred by	870
the purchaser within one year after the date of the purchase of	871
the dog, except that veterinary expenses are to be limited to not	872
more than five hundred dollars. The pet store also is liable for	873
reasonable attorney's fees and costs incurred by the purchaser. In	874
addition, the buyer of the dog may keep the dog.	875

(F) The director of agriculture or the director's authorized	876
representative shall enforce divisions (A) to (D) of this section.	877
Inspectors employed by the director for the purposes of this	878
chapter may make inspections of pet stores for the purpose of	879
enforcing those divisions.	880

(G) A purchaser shall commence any action necessary to	881
recover damages specified in division (E) of this section within	882
two years from the date of purchase of a dog.	883

Sec. 956.21. No high volume breeder shall sell or otherwise	884
transfer a puppy that is less than ninety days old without	885
registering the litter in which the puppy was born with the	886
director of agriculture in accordance with rules adopted under	887
section 956.03 of the Revised Code. This section does not apply to	888
an animal rescue for dogs or an animal shelter for dogs.	889

Sec. 1901.183.  In addition to jurisdiction otherwise granted	890
in this chapter, the environmental division of a municipal court	891
shall have jurisdiction within its territory in all of the	892
following actions or proceedings and to perform all of the	893
following functions:	894

(A) Notwithstanding any monetary limitations in section	895
1901.17 of the Revised Code, in all actions and proceedings for	896
the sale of real or personal property under lien of a judgment of	897
the environmental division of the municipal court, or a lien for	898
machinery, material, fuel furnished, or labor performed,	899
irrespective of amount, and, in those cases, the environmental	900
division may proceed to foreclose and marshal all liens and all	901
vested or contingent rights, to appoint a receiver, and to render	902
personal judgment irrespective of amount in favor of any party;	903

(B) When in aid of execution of a judgment of the	904
environmental division of the municipal court, in all actions for	905
the foreclosure of a mortgage on real property given to secure the	906
payment of money, or the enforcement of a specific lien for money	907
or other encumbrance or charge on real property, when the real	908
property is situated within the territory, and, in those cases,	909
the environmental division may proceed to foreclose all liens and	910
all vested and contingent rights and proceed to render judgments,	911
and make findings and orders, between the parties, in the same	912
manner and to the same extent as in similar cases in the court of	913
common pleas;	914

(C) When in aid of execution of a judgment of the	915
environmental division of the municipal court, in all actions for	916
the recovery of real property situated within the territory to the	917
same extent as courts of common pleas have jurisdiction;	918

(D) In all actions for injunction to prevent or terminate	919
violations of the ordinances and regulations of any municipal	920
corporation within its territory enacted or promulgated under the	921
police power of that municipal corporation pursuant to Section 3	922
of Article XVIII, Ohio Constitution, over which the court of	923
common pleas has or may have jurisdiction, and, in those cases,	924
the environmental division of the municipal court may proceed to	925
render judgments, and make findings and orders, in the same manner	926
and to the same extent as in similar cases in the court of common	927
pleas;	928

(E) In all actions for injunction to prevent or terminate	929
violations of the resolutions and regulations of any political	930
subdivision within its territory enacted or promulgated under the	931
power of that political subdivision pursuant to Article X of the	932
Ohio Constitution, over which the court of common pleas has or may	933
have jurisdiction, and, in those cases, the environmental division	934
of the municipal court may proceed to render judgments, and make	935
findings and orders, in the same manner and to the same extent as	936
in similar cases in the court of common pleas;	937

(F) In any civil action to enforce any provision of Chapter	938
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	939
over which the court of common pleas has or may have jurisdiction,	940
and, in those actions, the environmental division of the municipal	941
court may proceed to render judgments, and make findings and	942
orders, in the same manner and to the same extent as in similar	943
actions in the court of common pleas;	944

(G) In all actions and proceedings in the nature of	945
creditors' bills, and in aid of execution to subject the interests	946
of a judgment debtor in real or personal property to the payment	947
of a judgment of the division, and, in those actions and	948
proceedings, the environmental division may proceed to marshal and	949
foreclose all liens on the property irrespective of the amount of	950
the lien, and all vested or contingent rights in the property;	951

(H) Concurrent jurisdiction with the court of common pleas of	952
all criminal actions or proceedings related to the pollution of	953
the air, ground, or water within the territory of the	954
environmental division of the municipal court, for which a	955
sentence of death cannot be imposed under Chapter 2903. of the	956
Revised Code;	957

(I) In any review or appeal of any final order of any	958
administrative officer, agency, board, department, tribunal,	959
commission, or other instrumentality that relates to a local	960
building, housing, air pollution, sanitation, health, fire,	961
zoning, or safety code, ordinance, or regulation, in the same	962
manner and to the same extent as in similar appeals in the court	963
of common pleas;	964

(J) With respect to the environmental division of the	965
Franklin county municipal court, to hear appeals from adjudication	966
hearings conducted under Chapter 956. of the Revised Code.	967

Section 2.  That existing sections 955.02, 955.10, 955.12,	968
955.20, 955.26, and 1901.183 of the Revised Code are hereby	969
repealed.	970

Section 3. It is the intent of the General Assembly to	971
appropriate money to the High Volume Breeder Kennel Control	972
License Fund created in section 956.18 of the Revised Code to	973
enable the Director of Agriculture to begin administering Chapter	974
956. of the Revised Code and rules adopted under it.	975