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To amend section 1533.71, to enact sections 935.01, | 1 |
935.011, 935.02 to 935.10, 935.101, 935.11 to | 2 |
935.26, and 935.99, and to repeal section 2927.21 | 3 |
of the Revised Code to establish requirements | 4 |
governing the possession of dangerous wild animals | 5 |
and restricted snakes. | 6 |
Section 1. That section 1533.71 be amended and sections | 7 |
935.01, 935.011, 935.02, 935.03, 935.04, 935.05, 935.06, 935.07, | 8 |
935.08, 935.09, 935.10, 935.101, 935.11, 935.12, 935.13, 935.14, | 9 |
935.15, 935.16, 935.17, 935.18, 935.19, 935.20, 935.21, 935.22, | 10 |
935.23, 935.24, 935.25, 935.26, and 935.99 of the Revised Code be | 11 |
enacted to read as follows: | 12 |
Sec. 935.01. As used in this chapter: | 13 |
(A) "Board of health" means the board of health of a city or | 14 |
general health district or the authority having the duties of a | 15 |
board of health in any city authorized by section 3709.05 of the | 16 |
Revised Code. | 17 |
(B) "Circus" means a traveling show to which all of the | 18 |
following apply: | 19 |
(1) It is licensed by the United States department of | 20 |
agriculture under the federal animal welfare act. | 21 |
(2) It presents dangerous wild animals, restricted snakes, or | 22 |
both in a public performance as its own event or as part of a fair | 23 |
or carnival. | 24 |
(3) It does not allow physical contact between the public and | 25 |
the dangerous wild animals or restricted snakes possessed by it. | 26 |
Division (B)(3) of this section does not apply to rides or other | 27 |
interactions between the public and an elephant, provided that | 28 |
such a ride or other interaction is under the direct supervision | 29 |
of an experienced animal handler. | 30 |
(4) It is in the state for less than sixty-five days each | 31 |
year. | 32 |
(C) "Dangerous wild animal" means any of the following, | 33 |
including hybrids unless otherwise specified: | 34 |
(1) Hyenas; | 35 |
(2) Gray wolves, excluding hybrids; | 36 |
(3) Lions; | 37 |
(4) Tigers; | 38 |
(5) Jaguars; | 39 |
(6) Leopards, including clouded leopards, Sunda clouded | 40 |
leopards, and snow leopards; | 41 |
(7) All of the following, including hybrids with domestic | 42 |
cats unless otherwise specified: | 43 |
(a) Cheetahs; | 44 |
(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and | 45 |
Iberian lynxes; | 46 |
(c) Cougars, also known as pumas or mountain lions; | 47 |
(d) Caracals; | 48 |
(e) Servals, excluding hybrids with domestic cats commonly | 49 |
known as savannah cats. | 50 |
(8) Bears; | 51 |
(9) Elephants; | 52 |
(10) Rhinoceroses; | 53 |
(11) Hippopotamuses; | 54 |
(12) Cape buffaloes; | 55 |
(13) African wild dogs; | 56 |
(14) Komodo dragons; | 57 |
(15) Alligators; | 58 |
(16) Crocodiles; | 59 |
(17) Caimans, excluding dwarf caimans; | 60 |
(18) Gharials; | 61 |
(19) Nonhuman primates other than the nonhuman primates | 62 |
specified in division (C)(20) of this section; | 63 |
(20) All of the following nonhuman primates: | 64 |
(a) Golden lion, black-faced lion, golden-rumped lion, | 65 |
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's | 66 |
tamarins; | 67 |
(b) Pygmy, white-tufted-ear, silvery, and black-pencilled | 68 |
marmosets; | 69 |
(c) Squirrel monkeys, including Central American squirrel | 70 |
monkeys; | 71 |
(d) Southern and northern night monkeys; | 72 |
(e) Dusky titi and masked titi monkeys; | 73 |
(f) Muriquis; | 74 |
(g) Goeldi's monkeys; | 75 |
(h) Brown, white-faced, weeping, and white-fronted capuchins; | 76 |
(i) White-faced, black-bearded, white-nose bearded, and monk | 77 |
sakis; | 78 |
(j) Bald and black uakaris; | 79 |
(k) Black-handed, white-bellied, brown-headed, and black | 80 |
spider monkeys; | 81 |
(l) Common woolly monkeys; | 82 |
(m) Red, black, and mantled howler monkeys. | 83 |
(21) Any other animals designated by the director of | 84 |
agriculture in rules. | 85 |
(D) "Federal animal welfare act" has the same meaning as in | 86 |
section 959.131 of the Revised Code. | 87 |
(E) "Felony drug abuse offense" has the same meaning as in | 88 |
section 2925.01 of the Revised Code. | 89 |
(F) "Health district" means a city or general health district | 90 |
created by or under the authority of Chapter 3709. of the Revised | 91 |
Code. | 92 |
(G) "Humane society" means an organization that is organized | 93 |
under section 1717.05 of the Revised Code. | 94 |
(H) "Law enforcement officer" means a sheriff, deputy | 95 |
sheriff, constable, police officer of a township or joint police | 96 |
district, marshal, deputy marshal, municipal police officer, or | 97 |
state highway patrol trooper. | 98 |
(I) "Natural resources law enforcement officers" means peace | 99 |
officers as specified in division (A)(6) of section 109.71 of the | 100 |
Revised Code and employees of the division of wildlife specified | 101 |
in sections 1531.13 and 1531.14 of the Revised Code. | 102 |
(J) "Offense of violence" has the same meaning as in section | 103 |
2901.01 of the Revised Code. | 104 |
(K) "Rescue facility" means a nonprofit organization as | 105 |
described in section 170 of the "Internal Revenue Code of 1986," | 106 |
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place | 107 |
of refuge where abused, neglected, unwanted, impounded, abandoned, | 108 |
orphaned, or displaced dangerous wild animals are provided care | 109 |
for their lifetime or released back to their natural habitat, and, | 110 |
with respect to an animal possessed by the organization, that does | 111 |
not do any of the following: | 112 |
(1) Sell, trade, or barter the animal or the animal's body | 113 |
parts; | 114 |
(2) Use the animal in any manner for profit; | 115 |
(3) Breed the animal; | 116 |
(4) Allow the public the opportunity to come into contact | 117 |
with the animal. | 118 |
(L) "Restricted snake" means any of the following: | 119 |
(1) All of the following constricting snakes that are twelve | 120 |
feet or longer: | 121 |
(a) Green anacondas; | 122 |
(b) Yellow anacondas; | 123 |
(c) Reticulated pythons; | 124 |
(d) Indian pythons; | 125 |
(e) Burmese pythons; | 126 |
(f) North African rock pythons; | 127 |
(g) South African rock pythons; | 128 |
(h) Amethystine pythons. | 129 |
(2) Species of the following families: | 130 |
(a) Atractaspididae; | 131 |
(b) Elapidae; | 132 |
(c) Viperidae. | 133 |
(3) Boomslang snakes; | 134 |
(4) Twig snakes; | 135 |
(5) Any other snakes designated by the director in rules. | 136 |
(M) "Rule" means a rule adopted under section 935.17 of the | 137 |
Revised Code. | 138 |
(N) "Veterinarian" means a person who is licensed under | 139 |
Chapter 4741. of the Revised Code. | 140 |
(O) "Wildlife sanctuary" means a nonprofit organization as | 141 |
described in section 170 of the "Internal Revenue Code of 1986," | 142 |
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or | 143 |
verified by the global federation of animal sanctuaries, that | 144 |
operates a place of refuge where abused, neglected, unwanted, | 145 |
impounded, abandoned, orphaned, or displaced dangerous wild | 146 |
animals or restricted snakes are provided care for their lifetime | 147 |
or released back to their natural habitat, and, with respect to an | 148 |
animal or snake possessed by the organization, that does not do | 149 |
any of the following: | 150 |
(1) Use or allow the use of the animal or snake for any type | 151 |
of entertainment or in a traveling exhibit; | 152 |
(2) Sell, trade, lease, loan, or barter the animal or snake | 153 |
or the animal's or snake's body parts; | 154 |
(3) Use or allow the use of the animal or snake in any manner | 155 |
for profit; | 156 |
(4) Breed the animal or snake; | 157 |
(5) Allow the public the opportunity to come into physical | 158 |
contact with the animal or snake. | 159 |
Sec. 935.011. (A) The director of agriculture shall not | 160 |
adopt rules designating species of animals to be included in the | 161 |
definition of "dangerous wild animal" or species of snakes to be | 162 |
included in the definition of "restricted snake" in section 935.01 | 163 |
of the Revised Code for at least two years after the effective | 164 |
date of this section. | 165 |
(B) If the director adopts rules designating species of | 166 |
animals or snakes to be included in the definition of "dangerous | 167 |
wild animal" or "restricted snake," as applicable, the director | 168 |
shall specify the provisions of this chapter and rules that are | 169 |
applicable to the animals or snakes. | 170 |
Sec. 935.02. (A) No person shall possess a dangerous wild | 171 |
animal on or after January 1, 2014. | 172 |
(B)(1) Except as provided in divisions (G)(1) and (2) of | 173 |
section 935.06 of the Revised Code, no person shall acquire, buy, | 174 |
sell, trade, or transfer possession or ownership of a dangerous | 175 |
wild animal on or after the effective date of this section. | 176 |
(2) Notwithstanding division (B)(1) of this section, a person | 177 |
that operates a rescue facility may buy or otherwise acquire | 178 |
possession or ownership of a dangerous wild animal if one of the | 179 |
following applies: | 180 |
(a) Prior to January 1, 2014, the person is authorized to do | 181 |
so by the director of agriculture in accordance with procedures | 182 |
adopted by the director. | 183 |
(b) On or after January 1, 2014, the person has obtained a | 184 |
rescue facility permit under section 935.101 of the Revised Code. | 185 |
Sec. 935.03. (A) Division (A) of section 935.02 of the | 186 |
Revised Code does not apply to any of the following: | 187 |
(1) A person to which all of the following apply: | 188 |
(a) The person possesses a dangerous wild animal. | 189 |
(b) The person has been issued a license by the United States | 190 |
department of agriculture under the federal animal welfare act. | 191 |
(c) The director of agriculture has determined that the | 192 |
person is in the process of becoming an accredited member of the | 193 |
zoological association of America. | 194 |
(d) The director has informed the person that the person is | 195 |
exempt from division (A) of section 935.02 of the Revised Code. | 196 |
(2) An organization to which all of the following apply: | 197 |
(a) The organization possesses a dangerous wild animal. | 198 |
(b) The director has determined that the organization is in | 199 |
the process of being accredited or verified by the global | 200 |
federation of animal sanctuaries as a wildlife sanctuary. | 201 |
(c) The director has informed the organization that it is | 202 |
exempt from division (A) of section 935.02 of the Revised Code. | 203 |
(3) A person whose possession of a dangerous wild animal is | 204 |
authorized by an unexpired permit issued under this chapter. | 205 |
(B) This chapter does not apply to any of the following: | 206 |
(1) A facility that is an accredited member of the | 207 |
association of zoos and aquariums or the zoological association of | 208 |
America and that is licensed by the United States department of | 209 |
agriculture under the federal animal welfare act; | 210 |
(2) A research facility as defined in the federal animal | 211 |
welfare act; | 212 |
(3) A research facility that is accredited by the association | 213 |
for the assessment and accreditation of laboratory animal care | 214 |
international; | 215 |
(4) A circus; | 216 |
(5) A wildlife rehabilitation facility that is issued a | 217 |
permit by the chief of the division of wildlife in rules adopted | 218 |
under section 1531.08 of the Revised Code and that rehabilitates | 219 |
dangerous wild animals or restricted snakes that are native to the | 220 |
state for the purpose of reintroduction into the wild; | 221 |
(6) A veterinarian that is providing temporary veterinary | 222 |
care to a dangerous wild animal or restricted snake; | 223 |
(7) A wildlife sanctuary; | 224 |
(8) An individual who does not reside in this state, is | 225 |
traveling through this state with a dangerous wild animal or | 226 |
restricted snake, and does all of the following: | 227 |
(a) Confines the animal or snake in a cage at all times; | 228 |
(b) Confines the animal or snake in a cage that is not | 229 |
accessible to the public; | 230 |
(c) Does not exhibit the animal or snake; | 231 |
(d) Is in the state not more than forty-eight hours unless | 232 |
the animal or snake is receiving veterinary care. | 233 |
(9) An educational institution that displays a single | 234 |
dangerous wild animal as a sports mascot and that meets all of the | 235 |
following criteria: | 236 |
(a) An official of the educational institution has submitted | 237 |
an affidavit attesting that the institution will care for the | 238 |
animal as long as the animal lives and in a facility that is an | 239 |
accredited member of the association of zoos and aquariums or the | 240 |
zoological association of America. | 241 |
(b) The educational institution maintains a liability | 242 |
insurance policy with an insurer authorized or approved to write | 243 |
such insurance in this state that covers claims for injury or | 244 |
damage to persons or property caused by a dangerous wild animal. | 245 |
The amount of the insurance coverage shall be not less than one | 246 |
million dollars. | 247 |
(c) During display and transport, the educational institution | 248 |
confines the dangerous wild animal in a cage that does not permit | 249 |
physical contact between the animal and the public. | 250 |
(d) The educational institution began displaying a dangerous | 251 |
wild animal as a mascot prior to the effective date of this | 252 |
section. | 253 |
(10) Any person who has been issued a permit under section | 254 |
1533.08 of the Revised Code; | 255 |
(11) Any person authorized to possess a dangerous wild animal | 256 |
or restricted snake under section 1531.25 of the Revised Code or | 257 |
rules adopted under it; | 258 |
(12) A mobility impaired person as defined in section 955.011 | 259 |
of the Revised Code who possesses a dangerous wild animal | 260 |
specified in division (C)(20)(h) of section 935.01 of the Revised | 261 |
Code that has been trained by a nonprofit agency or is in such | 262 |
training to assist the mobility impaired person; | 263 |
(13) A deaf or hearing-impaired person who possesses a | 264 |
dangerous wild animal specified in division (C)(20)(h) of section | 265 |
935.01 of the Revised Code that has been trained by a nonprofit | 266 |
agency or is in such training to assist the deaf or | 267 |
hearing-impaired person; | 268 |
(14) A person who is blind as defined in section 955.011 of | 269 |
the Revised Code and possesses a dangerous wild animal specified | 270 |
in division (C)(20)(h) of section 935.01 of the Revised Code that | 271 |
has been trained by a nonprofit agency or is in such training to | 272 |
assist the blind person. | 273 |
Sec. 935.04. (A) A person that possesses a dangerous wild | 274 |
animal on the effective date of this section shall register the | 275 |
animal with the director of agriculture in accordance with this | 276 |
section not later than sixty days after the effective date of this | 277 |
section. | 278 |
(B) A person shall register a dangerous wild animal on a form | 279 |
prescribed and provided by the director. The form shall include | 280 |
all of the following: | 281 |
(1) The name, address, social security number, and federal | 282 |
employer identification number, if applicable, of the person | 283 |
registering the dangerous wild animal; | 284 |
(2) If different from the information provided under division | 285 |
(B)(1) of this section, the name and address of the location where | 286 |
the dangerous wild animal is confined; | 287 |
(3) A description of the dangerous wild animal, including the | 288 |
scientific and common names of the animal, the name that the | 289 |
person has given the animal, the animal's sex, age, color, and | 290 |
weight, and any distinguishing marks or coloration that would aid | 291 |
in the identification of the animal; | 292 |
(4) The name, address, and telephone number of the | 293 |
veterinarian that provides veterinary care to the dangerous wild | 294 |
animal; | 295 |
(5) Any other information required by the director in rules. | 296 |
(C) Beginning ninety days after the director adopts rules | 297 |
under division (A) of section 935.17 of the Revised Code, a person | 298 |
that has registered a dangerous wild animal under this section | 299 |
shall comply with the applicable requirements regarding the care | 300 |
and housing of dangerous wild animals established in those rules. | 301 |
(D) A person that registers a dangerous wild animal under | 302 |
this section shall have permanently implanted in the dangerous | 303 |
wild animal a microchip at the time of registration. The microchip | 304 |
shall have an identification number that is unique to the | 305 |
microchip. In addition, the microchip shall contain a passive | 306 |
integrated transponder, which shall have a frequency of one | 307 |
hundred twenty-five, one hundred thirty-four and two-tenths, or | 308 |
four hundred kilohertz. | 309 |
(E) A person that possesses a registered dangerous wild | 310 |
animal on October 1, 2013, and that wishes to continue to possess | 311 |
the dangerous wild animal on and after January 1, 2014, shall | 312 |
obtain a wildlife shelter permit issued under section 935.06 of | 313 |
the Revised Code or a wildlife propagation permit issued under | 314 |
section 935.07 of the Revised Code. | 315 |
Sec. 935.05. (A) A person that possesses a registered | 316 |
dangerous wild animal in this state on October 1, 2013, that | 317 |
wishes to continue to possess the dangerous wild animal on and | 318 |
after January 1, 2014, and that does not intend to propagate the | 319 |
animal shall apply for a wildlife shelter permit under this | 320 |
section. | 321 |
(B) An applicant for a wildlife shelter permit shall file an | 322 |
application for a permit with the director of agriculture on a | 323 |
form prescribed and provided by the director. An applicant need | 324 |
apply for only one permit regardless of the number of dangerous | 325 |
wild animals that the applicant possesses. The application shall | 326 |
include all of the following: | 327 |
(1) The name, date of birth, address, social security number, | 328 |
and federal employer identification number, if applicable, of the | 329 |
applicant; | 330 |
(2) If different from the information provided under division | 331 |
(B)(1) of this section, the name and address of the location where | 332 |
each dangerous wild animal will be confined; | 333 |
(3) A description of each dangerous wild animal, including | 334 |
the scientific and common names, the name that the applicant has | 335 |
given the animal, the animal's sex, age, color, and weight, and | 336 |
any distinguishing marks or coloration that would aid in the | 337 |
identification of the animal; | 338 |
(4) The identification number of the microchip that is | 339 |
implanted in each dangerous wild animal and the frequency of the | 340 |
passive integrated transponder contained in the microchip as | 341 |
required in section 935.04 of the Revised Code; | 342 |
(5) Proof of financial responsibility as required in division | 343 |
(D) of this section; | 344 |
(6) Except as otherwise provided in this section, proof that | 345 |
the applicant has at least two years of experience in the care of | 346 |
the species of dangerous wild animal or animals that are the | 347 |
subject of the application. If an applicant cannot provide such | 348 |
proof, the applicant shall pass a written examination regarding | 349 |
the care of dangerous wild animals that is established and | 350 |
administered in accordance with rules. | 351 |
(7) A plan of action to be undertaken if a dangerous wild | 352 |
animal escapes; | 353 |
(8) Proof that the applicant has established a | 354 |
veterinarian-client relationship as described in section 4741.04 | 355 |
of the Revised Code with regard to each dangerous wild animal; | 356 |
(9) Any additional information required in rules. | 357 |
An applicant shall submit a copy of the plan of action | 358 |
required in division (B)(7) of this section to the sheriff of the | 359 |
county and to the chief law enforcement officer of the township or | 360 |
municipal corporation having jurisdiction where the dangerous wild | 361 |
animal or animals are confined. | 362 |
(C) An applicant shall submit one of the following fees, as | 363 |
applicable, with an application: | 364 |
(1) Five hundred dollars if the applicant possesses not more | 365 |
than three dangerous wild animals; | 366 |
(2) One thousand dollars if the applicant possesses at least | 367 |
four, but not more than fifteen dangerous wild animals; | 368 |
(3) Two thousand dollars if the applicant possesses sixteen | 369 |
or more dangerous wild animals. | 370 |
(D)(1) An applicant shall obtain and maintain proof of | 371 |
financial responsibility in one of the following forms: | 372 |
(a) A liability insurance policy with an insurer authorized | 373 |
or approved to write such insurance in this state that covers | 374 |
claims for injury or damage to persons or property caused by a | 375 |
dangerous wild animal possessed by the applicant or any resulting | 376 |
claims against the state; | 377 |
(b) A surety bond, which shall be executed by a surety | 378 |
company authorized to do business in this state that covers claims | 379 |
for injury or damage to persons or property caused by a dangerous | 380 |
wild animal possessed by the applicant or any resulting claims | 381 |
against the state. The bond shall be in a form approved by the | 382 |
director of agriculture. | 383 |
(2) Proof of financial responsibility shall be in one of the | 384 |
following amounts, as applicable: | 385 |
(a) Two hundred fifty thousand dollars if the applicant | 386 |
possesses not more than five dangerous wild animals; | 387 |
(b) Five hundred thousand dollars if the applicant possesses | 388 |
at least six, but not more than fifteen dangerous wild animals; | 389 |
(c) One million dollars if the applicant possesses sixteen or | 390 |
more dangerous wild animals. | 391 |
The amounts specified in division (D)(2) of this section | 392 |
shall be for each occurrence of injury or damage. | 393 |
Sec. 935.06. (A) Not later than ninety days after receipt of | 394 |
an application under section 935.05 of the Revised Code, the | 395 |
director of agriculture shall issue or deny a wildlife shelter | 396 |
permit. The director shall issue a permit to an applicant only if | 397 |
all of the following apply: | 398 |
(1) The applicant is eighteen years of age or older. | 399 |
(2) The applicant has registered the dangerous wild animal or | 400 |
animals that are the subject of the application under section | 401 |
935.04 of the Revised Code. | 402 |
(3) The applicant is in compliance with the standards of care | 403 |
established in rules adopted under division (A)(2) of section | 404 |
935.17 of the Revised Code. | 405 |
(4) The applicant has sterilized each male dangerous wild | 406 |
animal that is possessed by the applicant. However, a dangerous | 407 |
wild animal is not required to be sterilized if a veterinarian | 408 |
that is qualified to provide veterinary care to the dangerous wild | 409 |
animal determines that the sterilization is medically | 410 |
contraindicated and the applicant has submitted a copy of the | 411 |
veterinarian's written determination with the applicant's | 412 |
application. | 413 |
(5) The applicant has signed an affidavit attesting that the | 414 |
applicant will not allow members of the public to be in physical | 415 |
contact with a dangerous wild animal possessed by the applicant. | 416 |
Division (A)(5) of this section does not apply to an employee of | 417 |
the applicant or a volunteer who has entered into a written | 418 |
agreement with the applicant to work for or volunteer for the | 419 |
applicant and assists in the care of a dangerous wild animal or | 420 |
animals specified in division (C)(20) of section 935.01 of the | 421 |
Revised Code possessed by the applicant if the care is provided | 422 |
under the direction of the applicant. | 423 |
(6) The applicant has not been convicted of or pleaded guilty | 424 |
to a felony drug abuse offense, an offense of violence that is a | 425 |
felony, or a violation of section 959.13 or 959.131 of the Revised | 426 |
Code or of section 2927.21 of the Revised Code as that section | 427 |
existed prior to its repeal by S.B. 310 of the 129th general | 428 |
assembly, as determined by a criminal records check performed in | 429 |
accordance with division (B) of this section. | 430 |
(7) The facility at which a dangerous wild animal or | 431 |
dangerous wild animals will be maintained under the permit | 432 |
consists of at least one acre. Division (A)(7) of this section | 433 |
does not apply to either of the following: | 434 |
(a) Dangerous wild animals specified in division (C)(20) of | 435 |
section 935.01 of the Revised Code; | 436 |
(b) An applicant to whom the director issues a written waiver | 437 |
stating that the acreage requirement does not apply to the | 438 |
applicant. | 439 |
(8) The applicant has signed an affidavit attesting that the | 440 |
facility at which a dangerous wild animal or dangerous wild | 441 |
animals will be maintained under the permit and the conditions in | 442 |
which each dangerous wild animal will be kept in that facility are | 443 |
in compliance with this chapter and rules. | 444 |
(9) The applicant has submitted a complete application that | 445 |
meets the requirements established in section 935.05 of the | 446 |
Revised Code. | 447 |
(10) The applicant has submitted the applicable fee under | 448 |
section 935.05 of the Revised Code. | 449 |
If a permit is issued, the director shall assign a unique | 450 |
identification number to the permit. | 451 |
(B) Prior to issuing or denying a wildlife shelter permit, | 452 |
the director shall submit a request to the bureau of criminal | 453 |
identification and investigation in the office of the attorney | 454 |
general for a criminal records check of the applicant for the | 455 |
permit. Upon receipt of a request, the superintendent of the | 456 |
bureau shall conduct a criminal records check in the manner | 457 |
described in division (B) of section 109.572 of the Revised Code | 458 |
to determine whether any information exists that indicates that | 459 |
the applicant previously has been convicted of or pleaded guilty | 460 |
to any of the following: | 461 |
(1) A felony drug abuse offense; | 462 |
(2) An offense of violence that is a felony; | 463 |
(3) A violation of section 959.13 or 959.131 of the Revised | 464 |
Code or of section 2927.21 of the Revised Code as that section | 465 |
existed prior to its repeal by S.B. 310 of the 129th general | 466 |
assembly. | 467 |
The applicant is responsible for paying all costs associated | 468 |
with the criminal records check. | 469 |
(C) If a permit application is denied, two hundred fifty | 470 |
dollars of the permit application fee shall be retained by the | 471 |
director as payment for the reasonable expense of processing the | 472 |
application, and the remainder of the fee shall be returned to the | 473 |
applicant. | 474 |
(D) Not later than the first day of December of each year, a | 475 |
permit holder shall apply to the director, on a form prescribed | 476 |
and provided by the director, for a renewal of the permit if the | 477 |
permit holder intends to retain possession of the dangerous wild | 478 |
animal or animals that are identified in the permit. Not later | 479 |
than thirty days after receipt of an application for renewal, the | 480 |
director shall renew or deny the renewal of the permit. The | 481 |
director shall renew the permit if the permit holder complies with | 482 |
this chapter and rules and pays a renewal fee in the same amount | 483 |
as the fee established for the initial permit in section 935.05 of | 484 |
the Revised Code. If a renewal permit is denied, two hundred fifty | 485 |
dollars of the renewal fee shall be retained by the director as | 486 |
payment for the reasonable expense of processing the application, | 487 |
and the remainder of the renewal fee shall be returned to the | 488 |
applicant. | 489 |
(E) If the director denies an application for a permit or a | 490 |
renewal of a permit, the director shall notify the person of the | 491 |
denial, the grounds for the denial, and the person's right to an | 492 |
adjudication under Chapter 119. of the Revised Code. | 493 |
(F) If a person does not appeal the determination of the | 494 |
director to deny an application for a permit or a renewal of a | 495 |
permit or if the determination of the director is affirmed under | 496 |
Chapter 119. of the Revised Code, not later than thirty days after | 497 |
the decision not to appeal or after the determination is affirmed, | 498 |
as applicable, the person shall transfer the dangerous wild animal | 499 |
or animals that the person possesses to a humane society, wildlife | 500 |
sanctuary, rescue facility, facility that is an accredited member | 501 |
of either the association of zoos and aquariums or the zoological | 502 |
association of America, or facility that is located in another | 503 |
state and that complies with that state's applicable laws. After | 504 |
the transfer has occurred, the person shall submit proof to the | 505 |
director that the dangerous wild animal or animals were | 506 |
transferred and shall specify the society, sanctuary, or facility | 507 |
to which the animal or animals were transferred. | 508 |
The person is responsible for all costs associated with the | 509 |
transfer of the dangerous wild animal or animals. | 510 |
(G) If a person that has been issued a wildlife shelter | 511 |
permit under this section or a wildlife propagation permit under | 512 |
section 935.07 of the Revised Code dies, the person's next of kin | 513 |
shall do one of the following: | 514 |
(1) If the next of kin wishes to possess the dangerous wild | 515 |
animal or animals, obtain a wildlife shelter permit under this | 516 |
section or a wildlife propagation permit under section 935.07 of | 517 |
the Revised Code, as applicable. That next of kin shall comply | 518 |
with this chapter and rules, except that, with respect to the next | 519 |
of kin's initial permit, the person need not pay the applicable | 520 |
permit application fee. | 521 |
(2) If the deceased person has a last will and testament that | 522 |
specifies that the dangerous wild animal or animals possessed by | 523 |
the person are to be transferred to another person that has been | 524 |
issued a wildlife shelter permit under this section or a wildlife | 525 |
propagation permit issued under section 935.07 of the Revised | 526 |
Code, transfer the dangerous wild animal or animals to the | 527 |
applicable permit holder; | 528 |
(3) Transfer the dangerous wild animal or animals that were | 529 |
possessed by the deceased person in accordance with division (F) | 530 |
of this section. | 531 |
(H) All fees collected under this section shall be credited | 532 |
to the dangerous and restricted animal fund created in section | 533 |
935.25 of the Revised Code. | 534 |
Sec. 935.07. (A) A person that possesses a registered | 535 |
dangerous wild animal in this state on October 1, 2013, that | 536 |
wishes to continue to possess the dangerous wild animal on and | 537 |
after January 1, 2014, and that intends to propagate the animal | 538 |
solely for the purposes of a species survival program that | 539 |
complies with rules shall apply for a wildlife propagation permit | 540 |
under this section. An applicant need apply for only one permit | 541 |
regardless of the number of dangerous wild animals that the | 542 |
applicant possesses. | 543 |
(B) Except as otherwise provided in this section, an | 544 |
applicant for a wildlife propagation permit shall comply with the | 545 |
requirements and procedures established in sections 935.05 and | 546 |
935.06 of the Revised Code. The application fee for a wildlife | 547 |
propagation permit shall be one of the following, as applicable: | 548 |
(1) One thousand dollars if the applicant possesses not more | 549 |
than fifty dangerous wild animals; | 550 |
(2) Three thousand dollars if the applicant possesses more | 551 |
than fifty dangerous wild animals. | 552 |
(C) The facility at which a dangerous wild animal or | 553 |
dangerous wild animals will be maintained under a wildlife | 554 |
propagation permit shall consist of at least two acres. Division | 555 |
(C) of this section does not apply to either of the following: | 556 |
(1) Dangerous wild animals specified in division (C)(20) of | 557 |
section 935.01 of the Revised Code; | 558 |
(2) An applicant to whom the director of agriculture issues a | 559 |
written waiver stating that the acreage requirement does not apply | 560 |
to the applicant. | 561 |
(D) All fees collected under this section shall be credited | 562 |
to the dangerous and restricted animal fund created in section | 563 |
935.25 of the Revised Code. | 564 |
Sec. 935.08. (A)(1) A person that possesses a restricted | 565 |
snake in this state prior to January 1, 2014, that wishes to | 566 |
continue to possess the restricted snake on and after that date, | 567 |
and that does not intend to propagate, sell, trade, or otherwise | 568 |
transfer the snake shall obtain a restricted snake possession | 569 |
permit under this section not later than January 1, 2014. | 570 |
(2) A person that acquires a restricted snake in this state | 571 |
on or after January 1, 2014, and that does not intend to | 572 |
propagate, sell, trade, or otherwise transfer the snake shall | 573 |
obtain a restricted snake possession permit under this section not | 574 |
later than one hundred twenty days after acquiring the snake. | 575 |
(3) An applicant need apply for only one permit regardless of | 576 |
the number of restricted snakes that the applicant possesses. | 577 |
(B) An applicant for a restricted snake possession permit | 578 |
shall file an application for a permit with the director of | 579 |
agriculture on a form prescribed and provided by the director. The | 580 |
application shall include all of the following: | 581 |
(1) The name, date of birth, address, social security number, | 582 |
and federal employer identification number, if applicable, of the | 583 |
applicant; | 584 |
(2) If different from the information provided under division | 585 |
(B)(1) of this section, the name and address of the location where | 586 |
each restricted snake will be confined; | 587 |
(3) A description of each restricted snake, including the | 588 |
scientific and common names, the name that the applicant has given | 589 |
the snake, the snake's sex, age, color, and weight, and any | 590 |
distinguishing marks or coloration that would aid in the | 591 |
identification of the snake; | 592 |
(4) Proof of financial responsibility as required in division | 593 |
(D) of this section; | 594 |
(5) Except as otherwise provided in this section, proof that | 595 |
the applicant has at least two years of experience in the care of | 596 |
the species of restricted snake or snakes that are the subject of | 597 |
the application. If an applicant cannot provide such proof, the | 598 |
applicant shall pass a written examination regarding the care of | 599 |
restricted snakes that is established and administered in | 600 |
accordance with rules. The requirements of division (B)(5) of this | 601 |
section do not apply with respect to a restricted snake specified | 602 |
in division (L)(1) of section 935.01 of the Revised Code. | 603 |
(6) A plan of action to be undertaken if a restricted snake | 604 |
escapes; | 605 |
(7) A written statement from a veterinarian stating that the | 606 |
veterinarian is willing to provide veterinary care to an | 607 |
applicant's restricted snake or snakes when the care is needed; | 608 |
(8) Any additional information required in rules. | 609 |
An applicant shall submit a copy of the plan of action | 610 |
required in division (B)(6) of this section to the sheriff of the | 611 |
county and to the chief law enforcement officer of the township or | 612 |
municipal corporation having jurisdiction where the restricted | 613 |
snake or snakes are confined. | 614 |
(C) An applicant shall submit a fee of one hundred fifty | 615 |
dollars with an application. | 616 |
(D)(1) Except as provided in division (D)(3) of this section, | 617 |
an applicant shall obtain and maintain proof of financial | 618 |
responsibility in one of the following forms: | 619 |
(a) A liability insurance policy with an insurer authorized | 620 |
or approved to write such insurance in this state that covers | 621 |
claims for injury or damage to persons or property caused by a | 622 |
restricted snake possessed by the applicant or any resulting | 623 |
claims against the state; | 624 |
(b) A surety bond, which shall be executed by a surety | 625 |
company authorized to do business in this state that covers claims | 626 |
for injury or damage to persons or property caused by a restricted | 627 |
snake possessed by the applicant or any resulting claims against | 628 |
the state. The bond shall be in a form approved by the director of | 629 |
agriculture. | 630 |
(2) Proof of financial responsibility shall be in one of the | 631 |
following amounts, as applicable: | 632 |
(a) One hundred thousand dollars if the applicant possesses | 633 |
not more than five restricted snakes; | 634 |
(b) Two hundred fifty thousand dollars if the applicant | 635 |
possesses at least six, but not more than fifteen restricted | 636 |
snakes; | 637 |
(c) Five hundred thousand dollars if the applicant possesses | 638 |
sixteen or more restricted snakes. | 639 |
The amounts specified in division (D)(2) of this section | 640 |
shall be for each occurrence of injury or damage. | 641 |
(3) Division (D)(1) of this section does not apply to an | 642 |
applicant that possesses one or more restricted snakes specified | 643 |
in division (L)(1) of section 935.01 of the Revised Code, but no | 644 |
other restricted snakes. | 645 |
Sec. 935.09. (A) Not later than ninety days after receipt of | 646 |
an application under section 935.08 of the Revised Code, the | 647 |
director of agriculture shall issue or deny a restricted snake | 648 |
possession permit. The director shall issue a permit to an | 649 |
applicant only if all of the following apply: | 650 |
(1) The applicant is eighteen years of age or older. | 651 |
(2) The applicant has signed an affidavit attesting that the | 652 |
applicant will not allow members of the public to be in physical | 653 |
contact with a restricted snake possessed by the applicant. | 654 |
Division (A)(2) of this section does not apply to either of the | 655 |
following: | 656 |
(a) An applicant that displays a restricted snake or snakes | 657 |
specified in division (L)(1) of section 935.01 of the Revised Code | 658 |
to a primary or secondary school age student; | 659 |
(b) An employee of the applicant or a volunteer who has | 660 |
entered into a written agreement with the applicant to work for or | 661 |
volunteer for the applicant and assists in the care of a | 662 |
restricted snake or snakes possessed by the applicant if the care | 663 |
is provided under the direction of the applicant. | 664 |
(3) The applicant has not been convicted of or pleaded guilty | 665 |
to a felony drug abuse offense, an offense of violence that is a | 666 |
felony, or a violation of section 959.13 or 959.131 of the Revised | 667 |
Code or of section 2927.21 of the Revised Code as that section | 668 |
existed prior to its repeal by S.B. 310 of the 129th general | 669 |
assembly, as determined by a criminal records check performed in | 670 |
accordance with division (B) of this section. | 671 |
(4) The applicant has signed an affidavit attesting that the | 672 |
facility at which a restricted snake or snakes will be maintained | 673 |
under the permit and the conditions in which each restricted snake | 674 |
will be kept in that facility are in compliance with this chapter | 675 |
and rules. | 676 |
(5) The applicant has submitted a complete application that | 677 |
meets the requirements established in section 935.08 of the | 678 |
Revised Code. | 679 |
(6) The applicant has submitted the application fee | 680 |
established in section 935.08 of the Revised Code. | 681 |
If a permit is issued, the director shall assign a unique | 682 |
identification number to the permit. | 683 |
(B) Prior to issuing or denying a restricted snake possession | 684 |
permit, the director shall submit a request to the bureau of | 685 |
criminal identification and investigation in the office of the | 686 |
attorney general for a criminal records check of the applicant for | 687 |
the permit. Upon receipt of a request, the superintendent of the | 688 |
bureau shall conduct a criminal records check in the manner | 689 |
described in division (B) of section 109.572 of the Revised Code | 690 |
to determine whether any information exists that indicates that | 691 |
the applicant previously has been convicted of or pleaded guilty | 692 |
to any of the following: | 693 |
(1) A felony drug abuse offense; | 694 |
(2) An offense of violence that is a felony; | 695 |
(3) A violation of section 959.13 or 959.131 of the Revised | 696 |
Code or of section 2927.21 of the Revised Code as that section | 697 |
existed prior to its repeal by S.B. 310 of the 129th general | 698 |
assembly. | 699 |
The applicant is responsible for paying all costs associated | 700 |
with the criminal records check. | 701 |
(C) If a permit application is denied, seventy-five dollars | 702 |
of the permit application fee shall be retained by the director as | 703 |
payment for the reasonable expense of processing the application, | 704 |
and the remainder of the fee shall be returned to the applicant. | 705 |
(D) Not later than the first day of December of each year, a | 706 |
permit holder shall apply to the director, on a form prescribed | 707 |
and provided by the director, for a renewal of the permit if the | 708 |
permit holder intends to retain possession of the restricted snake | 709 |
or snakes that are identified in the permit. Not later than thirty | 710 |
days after receipt of an application for renewal, the director | 711 |
shall renew or deny the renewal of the permit. The director shall | 712 |
renew the permit if the permit holder complies with this chapter | 713 |
and rules and pays a renewal fee in the same amount as the fee | 714 |
established for the initial permit in section 935.08 of the | 715 |
Revised Code. If a renewal permit is denied, seventy-five dollars | 716 |
of the renewal fee shall be retained by the director as payment | 717 |
for the reasonable expense of processing the application, and the | 718 |
remainder of the renewal fee shall be returned to the applicant. | 719 |
(E) If the director denies an application for a permit or a | 720 |
renewal of a permit, the director shall notify the person of the | 721 |
denial, the grounds for the denial, and the person's right to an | 722 |
adjudication under Chapter 119. of the Revised Code. | 723 |
(F) If a person does not appeal the determination of the | 724 |
director to deny an application for a permit or a renewal of a | 725 |
permit or if the determination of the director is affirmed under | 726 |
Chapter 119. of the Revised Code, not later than thirty days after | 727 |
the decision not to appeal or after the determination is affirmed, | 728 |
as applicable, the person shall transfer the restricted snake or | 729 |
snakes that the person possesses to a humane society, wildlife | 730 |
sanctuary, facility that is an accredited member of either the | 731 |
association of zoos and aquariums or the zoological association of | 732 |
America, or facility that is located in another state and that | 733 |
complies with that state's applicable laws. After the transfer has | 734 |
occurred, the person shall submit proof to the director that the | 735 |
restricted snake or snakes were transferred and shall specify the | 736 |
society, sanctuary, or facility to which the snake or snakes were | 737 |
transferred. | 738 |
The person is responsible for all costs associated with the | 739 |
transfer of the restricted snake or snakes. | 740 |
(G) If a person that has been issued a restricted snake | 741 |
possession permit under this section or a restricted snake | 742 |
propagation permit under section 935.10 of the Revised Code dies, | 743 |
the person's next of kin shall do one of the following: | 744 |
(1) If the next of kin wishes to possess the restricted snake | 745 |
or snakes, obtain a restricted snake possession permit under this | 746 |
section or a restricted snake propagation permit under section | 747 |
935.10 of the Revised Code, as applicable. That next of kin shall | 748 |
comply with this chapter and rules, except that, with respect to | 749 |
the next of kin's initial permit, the person need not pay the | 750 |
applicable permit application fee. | 751 |
(2) If the deceased person has a last will and testament that | 752 |
specifies that the restricted snake or snakes possessed by the | 753 |
person are to be transferred to another person that has been | 754 |
issued a restricted snake possession permit under this section or | 755 |
a restricted snake propagation permit issued under section 935.10 | 756 |
of the Revised Code, transfer the restricted snake or snakes to | 757 |
the applicable permit holder; | 758 |
(3) Transfer the restricted snake or snakes that were | 759 |
possessed by the deceased person in accordance with division (F) | 760 |
of this section. | 761 |
(H) All fees collected under this section shall be credited | 762 |
to the dangerous and restricted animal fund created in section | 763 |
935.25 of the Revised Code. | 764 |
Sec. 935.10. (A)(1) A person that possesses a restricted | 765 |
snake in this state prior to January 1, 2014, that wishes to | 766 |
continue to possess the restricted snake on and after that date, | 767 |
and that intends to propagate, sell, trade, or otherwise transfer | 768 |
the snake shall obtain a restricted snake propagation permit under | 769 |
this section not later than January 1, 2014. | 770 |
(2) A person that acquires a restricted snake in this state | 771 |
on or after January 1, 2014, and that intends to propagate, sell, | 772 |
trade, or otherwise transfer the snake shall obtain a restricted | 773 |
snake propagation permit under this section not later than one | 774 |
hundred twenty days after acquiring the snake. | 775 |
(3) An applicant need apply for only one permit regardless of | 776 |
the number of restricted snakes that the applicant possesses. | 777 |
(B) Except as otherwise provided in this section, an | 778 |
applicant for a restricted snake propagation permit shall comply | 779 |
with the requirements and procedures established in sections | 780 |
935.08 and 935.09 of the Revised Code. The application fee for a | 781 |
restricted snake propagation permit shall be three hundred | 782 |
dollars. | 783 |
(C) If a permit application is denied, one hundred fifty | 784 |
dollars of the permit application fee shall be retained by the | 785 |
director of agriculture as payment for the reasonable expense of | 786 |
processing the application, and the remainder of the fee shall be | 787 |
returned to the applicant. | 788 |
(D) All fees collected under this section shall be credited | 789 |
to the dangerous and restricted animal fund created in section | 790 |
935.25 of the Revised Code. | 791 |
Sec. 935.101. (A)(1) In lieu of obtaining any other permit | 792 |
under this chapter, a person that operates a rescue facility in | 793 |
this state prior to January 1, 2014, and that wishes to continue | 794 |
to operate a rescue facility on and after that date shall obtain a | 795 |
rescue facility permit under this section not later than January | 796 |
1, 2014. | 797 |
(2) A person that wishes to begin operation of a rescue | 798 |
facility in this state on or after January 1, 2014, shall obtain a | 799 |
rescue facility permit under this section not later than sixty | 800 |
days prior to beginning operation. | 801 |
(B)(1) An applicant for a rescue facility permit shall file | 802 |
an application for a permit with the director of agriculture on a | 803 |
form prescribed and provided by the director. The application | 804 |
shall include information that the director requires in rules. | 805 |
(2) An applicant for a rescue facility permit shall submit | 806 |
one of the following fees, as applicable, with an application: | 807 |
(a) Five hundred dollars if the applicant possesses not more | 808 |
than three dangerous wild animals; | 809 |
(b) One thousand dollars if the applicant possesses at least | 810 |
four, but not more than fifteen dangerous wild animals; | 811 |
(c) Two thousand dollars if the applicant possesses sixteen | 812 |
or more dangerous wild animals. | 813 |
(3) If a permit application is denied, two hundred fifty | 814 |
dollars of the application fee shall be retained by the director | 815 |
as payment for the reasonable expense of processing the | 816 |
application and the remainder of the fee shall be returned to the | 817 |
applicant. | 818 |
(C) The director shall issue or deny a rescue facility permit | 819 |
in accordance with rules. The director shall issue a rescue | 820 |
facility permit only if the dangerous wild animal or animals that | 821 |
are or are to be possessed by an applicant are sterilized. | 822 |
(D) A person that has been issued a rescue facility permit | 823 |
under this section shall comply with the requirements regarding | 824 |
the care and housing of dangerous wild animals established in | 825 |
rules adopted under division (G) of section 935.17 of the Revised | 826 |
Code. | 827 |
(E) A person that has been issued a rescue facility permit | 828 |
under this section may buy or otherwise acquire possession or | 829 |
ownership of a dangerous wild animal. | 830 |
Sec. 935.11. (A) A person that possesses at least one | 831 |
dangerous wild animal and at least one restricted snake shall | 832 |
apply for both a wildlife shelter permit issued under section | 833 |
935.06 of the Revised Code and a restricted snake possession | 834 |
permit issued under section 935.09 of the Revised Code. | 835 |
(B) A person that possesses at least one dangerous wild | 836 |
animal and that intends to propagate the animal solely for the | 837 |
purposes of a species survival program that complies with rules | 838 |
and that possesses at least one restricted snake and that intends | 839 |
to propagate, sell, trade, or otherwise transfer the snake shall | 840 |
apply for both a wildlife propagation permit issued under section | 841 |
935.07 of the Revised Code and a restricted snake propagation | 842 |
permit issued under section 935.10 of the Revised Code. | 843 |
(C) A person that possesses at least one dangerous wild | 844 |
animal and does not intend to propagate the animal and that | 845 |
possesses at least one restricted snake and intends to propagate, | 846 |
sell, trade, or otherwise transfer the snake shall apply for both | 847 |
a wildlife shelter permit issued under section 935.06 of the | 848 |
Revised Code and a restricted snake propagation permit issued | 849 |
under section 935.10 of the Revised Code. | 850 |
(D) A person that possesses at least one dangerous wild | 851 |
animal and that intends to propagate the animal solely for the | 852 |
purposes of a species survival program that complies with rules | 853 |
and that possesses at least one restricted snake and does not | 854 |
intend to propagate, sell, trade, or otherwise transfer the snake | 855 |
shall apply for both a wildlife propagation permit issued under | 856 |
section 935.07 of the Revised Code and a restricted snake | 857 |
possession permit issued under section 935.09 of the Revised Code. | 858 |
Sec. 935.12. (A) Except as provided in division (B) of this | 859 |
section, a person that has been issued a permit under this chapter | 860 |
for a dangerous wild animal or animals shall comply with the | 861 |
requirements regarding the care and housing of dangerous wild | 862 |
animals established in rules. | 863 |
(B) A person that has been issued a wildlife shelter or | 864 |
wildlife propagation permit under this chapter for a dangerous | 865 |
wild animal or animals specified in division (C)(20) of section | 866 |
935.01 of the Revised Code shall comply with both of the | 867 |
following: | 868 |
(1) The requirements regarding the care of those animals | 869 |
established in regulations adopted under the federal animal | 870 |
welfare act; | 871 |
(2) The requirements regarding the housing of those animals | 872 |
established in rules. | 873 |
(C) A person that has been issued a restricted snake | 874 |
possession or restricted snake propagation permit under this | 875 |
chapter shall comply with the requirements regarding the care and | 876 |
housing of those snakes established in standards adopted by the | 877 |
zoological association of America. | 878 |
Sec. 935.13. The director of agriculture may suspend or | 879 |
revoke a permit issued under this chapter for a violation of this | 880 |
chapter or rules. A person adversely affected by an order of | 881 |
suspension or revocation may request an adjudication under Chapter | 882 |
119. of the Revised Code. | 883 |
Sec. 935.14. (A) The director of agriculture shall maintain a | 884 |
database of both of the following: | 885 |
(1) Until January 1, 2014, the name and address of each | 886 |
person that possesses a dangerous wild animal and registers the | 887 |
animal under section 935.04 of the Revised Code; | 888 |
(2) On and after January 1, 2014, the name and address of | 889 |
each person that has applied for and been issued a permit under | 890 |
this chapter. | 891 |
(B) The director shall allow the directors of health and | 892 |
natural resources to have access to the database. | 893 |
Sec. 935.15. (A) A person that has been issued a permit | 894 |
under this chapter shall maintain records of all of the following | 895 |
regarding each dangerous wild animal and each restricted snake | 896 |
that the permit holder possesses: | 897 |
(1) The scientific and common names of the animal or snake, | 898 |
including the species; | 899 |
(2) If the animal or snake was purchased or otherwise | 900 |
acquired from another person, the name and address of the other | 901 |
person; | 902 |
(3) The date on which the animal or snake was acquired, if | 903 |
applicable; | 904 |
(4) If the permit holder propagates dangerous wild animals, | 905 |
the date of birth of the animal if the animal was propagated by | 906 |
the permit holder; | 907 |
(5) If the permit holder propagates restricted snakes, the | 908 |
date of birth of the snake if the snake was propagated by the | 909 |
permit holder; | 910 |
(6) The name and address of the person to whom the animal or | 911 |
snake was sold or otherwise transferred, if applicable; | 912 |
(7) The date on which the animal or snake died or escaped, if | 913 |
applicable; | 914 |
(8) The identification number of the microchip that is | 915 |
implanted in the animal and the frequency of the passive | 916 |
integrated transponder contained in the microchip as required in | 917 |
section 935.04 of the Revised Code. | 918 |
(B) A permit holder shall maintain the records in accordance | 919 |
with rules. | 920 |
Sec. 935.16. (A) If a dangerous wild animal or restricted | 921 |
snake escapes, the person that possesses the animal or snake | 922 |
immediately shall notify both of the following: | 923 |
(1) The sheriff of the county and the chief law enforcement | 924 |
officer of the township or municipal corporation where the escape | 925 |
occurred; | 926 |
(2) The division of animal health in the department of | 927 |
agriculture by means of the twenty-four-hour telephone number that | 928 |
is maintained by the division. | 929 |
(B)(1) A law enforcement officer or natural resources law | 930 |
enforcement officer may destroy a dangerous wild animal or | 931 |
restricted snake that has escaped and that poses a threat to | 932 |
public safety. | 933 |
(2) A law enforcement officer or natural resources law | 934 |
enforcement officer that destroys an escaped dangerous wild animal | 935 |
or restricted snake pursuant to division (B)(1) of this section is | 936 |
not liable for damages in a civil action for any injury, death, or | 937 |
loss to person or property that allegedly arises from the | 938 |
destruction of the animal or snake. | 939 |
(C) The person that possesses a dangerous wild animal or | 940 |
restricted snake that escapes is responsible for all reasonable | 941 |
costs associated with the capture or destruction of the animal or | 942 |
snake. The person shall reimburse the political subdivision that | 943 |
employs the law enforcement officer who captured or destroyed the | 944 |
dangerous wild animal or restricted snake for the costs incurred | 945 |
in capturing or destroying the animal or snake. However, if the | 946 |
law enforcement officer is a state highway patrol trooper or if a | 947 |
natural resources law enforcement officer captured or destroyed | 948 |
the dangerous wild animal or restricted snake, the person shall | 949 |
reimburse the state highway patrol or department of natural | 950 |
resources, as applicable, for those costs. | 951 |
(D)(1) Except as provided in division (D)(2) of this section, | 952 |
money collected under division (C) of this section shall be | 953 |
credited to a special fund, which is hereby created in the | 954 |
applicable political subdivision. Money in the special fund shall | 955 |
be used exclusively for the administration and enforcement of this | 956 |
chapter and rules. | 957 |
(2) Money collected under division (C) of this section for | 958 |
costs incurred by a state highway patrol trooper or a natural | 959 |
resources law enforcement officer under this section shall be | 960 |
deposited in the state treasury to the credit of the dangerous and | 961 |
restricted animal fund created in section 935.25 of the Revised | 962 |
Code. | 963 |
(3) If law enforcement officers from more than one | 964 |
jurisdiction assist in the capture or destruction of a dangerous | 965 |
wild animal or restricted snake, the money collected shall be | 966 |
proportionally distributed to each political subdivision's special | 967 |
fund and the dangerous and restricted animal fund, if applicable. | 968 |
Sec. 935.17. The director of agriculture shall adopt rules | 969 |
in accordance with Chapter 119. of the Revised Code that establish | 970 |
all of the following: | 971 |
(A) Both of the following concerning the registration of | 972 |
dangerous wild animals under section 935.04 of the Revised Code: | 973 |
(1) Any additional information that must be included with a | 974 |
registration; | 975 |
(2) Standards for the care and housing of registered | 976 |
dangerous wild animals, including standards for the proper care of | 977 |
each species of dangerous wild animal and caging and fencing of | 978 |
the animals. | 979 |
The director shall adopt rules under division (A) of this | 980 |
section not later than ninety days after the effective date of | 981 |
this section. | 982 |
(B) Standards for the care and well-being of dangerous wild | 983 |
animals specified in divisions (C)(1) to (19) of section 935.01 of | 984 |
the Revised Code that are possessed by the holders of wildlife | 985 |
shelter permits and wildlife propagation permits issued under this | 986 |
chapter. The standards shall govern at least sanitation for, | 987 |
provision of health care for, and feeding, caging, housing, and | 988 |
fencing of dangerous wild animals. In adopting rules under this | 989 |
division, the director shall consider the following factors: | 990 |
(1) Best management practices for the care and well-being of | 991 |
dangerous wild animals; | 992 |
(2) Public health and safety; | 993 |
(3) Biosecurity; | 994 |
(4) The prevention of disease; | 995 |
(5) Animal morbidity and mortality data; | 996 |
(6) Generally accepted veterinary medical practices; | 997 |
(7) Standards adopted by the association of zoos and | 998 |
aquariums; | 999 |
(8) Standards adopted by the zoological association of | 1000 |
America; | 1001 |
(9) Standards established in the federal animal welfare act; | 1002 |
(10) Ethical standards established by the American veterinary | 1003 |
medical association; | 1004 |
(11) Any other factors that the director considers necessary | 1005 |
for the proper care and well-being of dangerous wild animals in | 1006 |
this state. | 1007 |
(C) Standards for the housing of dangerous wild animals | 1008 |
specified in division (C)(20) of section 935.01 of the Revised | 1009 |
Code that are possessed by the holders of wildlife shelter permits | 1010 |
and wildlife propagation permits issued under this chapter; | 1011 |
(D) All of the following concerning applications for permits | 1012 |
issued under sections 935.06 and 935.07 of the Revised Code: | 1013 |
(1) Any additional information that must be included with a | 1014 |
permit application; | 1015 |
(2) Criteria for determining what constitutes a species | 1016 |
survival program for the purposes of division (A)(1) of section | 1017 |
935.07 of the Revised Code and requirements and procedures that | 1018 |
are necessary to determine if a program meets those criteria; | 1019 |
(3) The content of the examination specified in division | 1020 |
(B)(6) of section 935.05 of the Revised Code. The rules shall | 1021 |
require the examination to test an applicant's knowledge on topics | 1022 |
that include proper diet, health care, exercise needs, and housing | 1023 |
of the species of dangerous wild animal or animals that are the | 1024 |
subject of the application. | 1025 |
(4) Procedures and requirements concerning the administration | 1026 |
of the examination specified in division (B)(6) of section 935.05 | 1027 |
of the Revised Code. | 1028 |
(E) All of the following concerning applications for permits | 1029 |
issued under sections 935.09 and 935.10 of the Revised Code: | 1030 |
(1) Any additional information that must be included with a | 1031 |
permit application; | 1032 |
(2) The content of the examination specified in division | 1033 |
(B)(5) of section 935.08 of the Revised Code. The rules shall | 1034 |
require the examination to test an applicant's knowledge on topics | 1035 |
that include proper diet, health care, and housing of the species | 1036 |
of restricted snake or snakes that are the subject of the | 1037 |
application. | 1038 |
(3) Procedures and requirements concerning the administration | 1039 |
of the examination specified in division (B)(5) of section 935.08 | 1040 |
of the Revised Code. | 1041 |
(F) Both of the following concerning applications for permits | 1042 |
issued under section 935.101 of the Revised Code: | 1043 |
(1) Information that must be included in a permit | 1044 |
application; | 1045 |
(2) Criteria and procedures for the issuance or denial of a | 1046 |
permit. | 1047 |
(G) Standards for the care and well-being of dangerous wild | 1048 |
animals that are possessed by the holders of permits issued under | 1049 |
section 935.101 of the Revised Code. The standards shall govern at | 1050 |
least sanitation for, provision of health care for, and feeding, | 1051 |
caging, housing, and fencing of dangerous wild animals. In | 1052 |
adopting the rules, the director may consider the standards of | 1053 |
care and housing established in rules adopted under division (B) | 1054 |
of this section and section 935.12 of the Revised Code. | 1055 |
(H) Procedures and requirements governing the maintenance of | 1056 |
records under section 935.15 of the Revised Code; | 1057 |
(I) Standards for signs that are required to be posted and | 1058 |
displayed in accordance with section 935.18 of the Revised Code; | 1059 |
(J) The amount of civil penalties that may be assessed under | 1060 |
section 935.24 of the Revised Code; | 1061 |
(K) Procedures and requirements governing the distribution of | 1062 |
money under division (B)(4) of section 935.25 of the Revised Code | 1063 |
from the dangerous and restricted animal fund created in that | 1064 |
section; | 1065 |
(L) Any other provisions necessary to administer and enforce | 1066 |
this chapter. | 1067 |
Sec. 935.18. (A) Except for a restricted snake specified in | 1068 |
division (L)(1) of section 935.01 of the Revised Code, no person | 1069 |
shall sell or offer for sale at auction a dangerous wild animal or | 1070 |
restricted snake. | 1071 |
(B) Except for a microchip removed for purposes of a medical | 1072 |
emergency by a veterinarian that is qualified to provide | 1073 |
veterinary care to the dangerous wild animal, no person shall | 1074 |
knowingly remove a microchip that is implanted in a dangerous wild | 1075 |
animal as required in section 935.04 of the Revised Code. | 1076 |
(C) No person that possesses a dangerous wild animal or | 1077 |
restricted snake shall fail to post and display any of the | 1078 |
following: | 1079 |
(1) On each cage in which a dangerous wild animal is | 1080 |
confined, signs warning the public that a dangerous wild animal is | 1081 |
confined in the cage; | 1082 |
(2) At each entrance to the property where a dangerous wild | 1083 |
animal is confined, a sign warning the public that a dangerous | 1084 |
wild animal is on the property; | 1085 |
(3) On each container in which a restricted snake is | 1086 |
confined, a sign warning the public that a restricted snake is in | 1087 |
the container; | 1088 |
(4) At the main entrance to each structure where a restricted | 1089 |
snake is confined, a sign warning the public that a restricted | 1090 |
snake is in the structure; | 1091 |
(5) On a vehicle that is used to transport a dangerous wild | 1092 |
animal or restricted snake, a sign warning that a dangerous wild | 1093 |
animal or restricted snake, as applicable, is in the vehicle. | 1094 |
The signs shall comply with standards established in rules. | 1095 |
(D) No person shall knowingly release a dangerous wild animal | 1096 |
or restricted snake into the wild. | 1097 |
(E) No person shall allow a dangerous wild animal or | 1098 |
restricted snake to roam off the property where it is confined. | 1099 |
(F) No person shall remove any teeth or claws from a | 1100 |
dangerous wild animal or restricted snake, as applicable, unless | 1101 |
determined to be medically necessary by a veterinarian. | 1102 |
(G) No person shall violate any other provisions of this | 1103 |
chapter or rules. | 1104 |
Sec. 935.19. (A)(1) The director of agriculture or the | 1105 |
director's designee may enter at all reasonable times any premises | 1106 |
at which a dangerous wild animal or restricted snake is confined, | 1107 |
with the consent of the owner of the premises, for the purpose of | 1108 |
determining compliance with this chapter and rules. | 1109 |
(2) If the director or the director's designee is denied | 1110 |
access to any such premises, and if the director reasonably | 1111 |
suspects that the person who possesses the dangerous wild animal | 1112 |
or restricted snake is not in compliance with this chapter or | 1113 |
rules, the director may apply to a court of competent jurisdiction | 1114 |
in the county in which the premises is located for a search | 1115 |
warrant authorizing access to the premises for the purposes of | 1116 |
this section. | 1117 |
(3) The court shall issue the search warrant for the purposes | 1118 |
requested if there is probable cause to believe that the person is | 1119 |
not in compliance with this chapter or rules. The finding of | 1120 |
probable cause may be based on hearsay, provided that there is a | 1121 |
substantial basis for believing that the source of the hearsay is | 1122 |
credible and that there is a factual basis for the information | 1123 |
furnished. | 1124 |
(B) The director may designate any of the following to | 1125 |
conduct inspections under this section: | 1126 |
(1) Employees of the department of agriculture; | 1127 |
(2) Natural resources law enforcement officers with the | 1128 |
consent of the director of natural resources; | 1129 |
(3) Employees of the department of health with the consent of | 1130 |
the director of health; | 1131 |
(4) Employees of a board of health with the consent of the | 1132 |
board; | 1133 |
(5) Agents of a humane society appointed under section | 1134 |
1717.06 of the Revised Code with the consent of the humane | 1135 |
society. | 1136 |
(C) If a person designated under division (B) of this section | 1137 |
determines, while conducting an inspection, that a violation of | 1138 |
this chapter or rules has occurred, is occurring, or may occur, | 1139 |
the person shall immediately notify the director of agriculture. | 1140 |
The director may proceed as provided in section 935.24 of the | 1141 |
Revised Code. | 1142 |
Sec. 935.20. (A) On and after January 1, 2014, the director | 1143 |
of agriculture immediately shall cause an investigation to be | 1144 |
conducted if the director has reason to believe that one of the | 1145 |
following may be occurring: | 1146 |
(1) A dangerous wild animal is possessed by a person who has | 1147 |
not been issued a wildlife shelter permit, wildlife propagation | 1148 |
permit, or rescue facility permit under this chapter. | 1149 |
(2) A restricted snake is possessed by a person that has not | 1150 |
been issued a restricted snake possession permit or restricted | 1151 |
snake propagation permit under this chapter. | 1152 |
(3) A dangerous wild animal or restricted snake is being | 1153 |
treated or kept in a manner that is in violation of this chapter | 1154 |
or rules. | 1155 |
For purposes of the investigation, the director or the | 1156 |
director's designee may order the animal or snake that is the | 1157 |
subject of the notification to be quarantined or may order the | 1158 |
transfer of the animal or snake to a facility that is on the list | 1159 |
maintained by the director under this section. If the director's | 1160 |
designee orders the animal or snake to be quarantined or | 1161 |
transferred, the designee shall provide a copy of the order to the | 1162 |
director. | 1163 |
(B) The director shall attempt to notify the person owning or | 1164 |
possessing an animal or snake that has been ordered to be | 1165 |
quarantined or transferred under division (A) of this section. The | 1166 |
notice shall be delivered in person or by certified mail. The | 1167 |
director also may post a copy of a quarantine order at two | 1168 |
conspicuous locations on the premises where the animal or snake is | 1169 |
quarantined. The director shall maintain a copy of an order issued | 1170 |
under this section and evidence that the director attempted to | 1171 |
notify the person owning or possessing the animal or snake. | 1172 |
(C) A quarantine or transfer order issued under this section | 1173 |
shall contain all of the following: | 1174 |
(1) The name and address of the person owning or possessing | 1175 |
the animal or snake, if known; | 1176 |
(2) A description of the quarantined or transferred animal or | 1177 |
snake; | 1178 |
(3) A description of the premises affected by the quarantine | 1179 |
or transfer; | 1180 |
(4) The reason for the quarantine or transfer; | 1181 |
(5) Any terms and conditions of the quarantine or transfer; | 1182 |
(6) A notice that a person adversely affected by the order | 1183 |
may request a hearing to review the order. | 1184 |
(D) A person that is adversely affected by a quarantine or | 1185 |
transfer order pertaining to a dangerous wild animal or restricted | 1186 |
snake owned or possessed by the person, within thirty days after | 1187 |
the order is issued, may request in writing an adjudication in | 1188 |
accordance with Chapter 119. of the Revised Code. A request for an | 1189 |
adjudication does not stay a quarantine or transfer order. | 1190 |
(E) The owner of or person possessing a dangerous wild animal | 1191 |
or restricted snake that was quarantined or transferred under | 1192 |
division (A) of this section is responsible for all reasonable | 1193 |
costs associated with the quarantine or transfer, including the | 1194 |
costs of transportation, housing, food, and veterinary care for | 1195 |
the animal or snake. | 1196 |
(F) If the state veterinarian determines that a dangerous | 1197 |
wild animal or restricted snake that was quarantined or | 1198 |
transferred under division (A) of this section is infected with or | 1199 |
exposed to a dangerously contagious or infectious disease or is | 1200 |
seriously injured, the state veterinarian shall so notify the | 1201 |
director. The director may order the animal or snake to be | 1202 |
humanely euthanized by a veterinarian if the state veterinarian | 1203 |
has indicated that euthanization is medically necessary. | 1204 |
(G) A quarantine or transfer order issued under this section | 1205 |
shall remain in effect until one of the following occurs: | 1206 |
(1) The director, after reviewing the results of the | 1207 |
investigation conducted under division (A) of this section, issues | 1208 |
a written notice of release. | 1209 |
(2) A court of competent jurisdiction orders the quarantine | 1210 |
or transfer order to be terminated in a proceeding conducted under | 1211 |
division (H) of this section. | 1212 |
(3) A court of competent jurisdiction orders the seizure of | 1213 |
the dangerous wild animal or restricted snake in a proceeding | 1214 |
conducted under division (H) of this section. | 1215 |
(H) If, after reviewing the results of an investigation | 1216 |
concerning a dangerous wild animal or restricted snake conducted | 1217 |
under division (A) of this section and after resolution of any | 1218 |
proceeding conducted under division (D) of this section, the | 1219 |
director determines that a circumstance described in division | 1220 |
(A)(1), (2), or (3) of this section is or was occurring, the | 1221 |
director shall initiate, in a court of competent jurisdiction, a | 1222 |
proceeding for the permanent seizure of the animal or snake, as | 1223 |
applicable. If the court affirms the director's determination that | 1224 |
a circumstance described in division (A)(1), (2), or (3) of this | 1225 |
section is or was occurring, the court shall order the animal or | 1226 |
snake seized and shall order the method of disposition of the | 1227 |
animal or snake. The court may order the person owning or | 1228 |
possessing the animal or snake to pay all reasonable costs | 1229 |
associated with the seizure and, if applicable, the costs | 1230 |
associated with the quarantine or transfer of the animal or snake, | 1231 |
including the costs of transportation, housing, food, and | 1232 |
veterinary care of the animal or snake. If the court does not | 1233 |
affirm the director's determination, the court shall order the | 1234 |
quarantine or transfer order to be terminated and the animal or | 1235 |
snake to be returned to the person owning or possessing it, if | 1236 |
applicable. | 1237 |
(I) The director may authorize any of the following to | 1238 |
conduct an investigation and order the quarantine or transfer of a | 1239 |
dangerous wild animal or restricted snake under division (A) of | 1240 |
this section: | 1241 |
(1) Employees of the department of agriculture; | 1242 |
(2) Natural resources law enforcement officers with the | 1243 |
consent of the director of natural resources; | 1244 |
(3) Employees of the department of health with the consent of | 1245 |
the director of health; | 1246 |
(4) Employees of a board of health with the consent of the | 1247 |
board; | 1248 |
(5) Agents of a humane society appointed under section | 1249 |
1717.06 of the Revised Code with the consent of the humane | 1250 |
society; | 1251 |
(6) Law enforcement officers with the consent of the sheriff | 1252 |
of the county or the chief law enforcement officer of the township | 1253 |
or municipal corporation, as applicable, by whom the law | 1254 |
enforcement officers are employed; | 1255 |
(7) Law enforcement officers who are state highway patrol | 1256 |
troopers with the consent of the superintendent of the state | 1257 |
highway patrol. | 1258 |
(J) Money collected for reimbursement of costs associated | 1259 |
with the quarantine or transfer of dangerous wild animals and | 1260 |
restricted snakes under this section shall be credited to one of | 1261 |
the following funds, as applicable: | 1262 |
(1) If the animal or snake was quarantined or transferred by | 1263 |
an employee of the department of agriculture or the department of | 1264 |
health, a natural resources law enforcement officer, or a law | 1265 |
enforcement officer who is a state highway patrol trooper, the | 1266 |
dangerous and restricted animal fund created in section 935.25 of | 1267 |
the Revised Code; | 1268 |
(2) If the animal or snake was quarantined or transferred by | 1269 |
an employee of a board of health, a special fund, which is hereby | 1270 |
created in each health district, that shall be used exclusively | 1271 |
for the administration and enforcement of this chapter and rules; | 1272 |
(3) If the animal or snake was quarantined or transferred by | 1273 |
an agent of a humane society, a special fund, which is hereby | 1274 |
created in each county that has a humane society, that shall be | 1275 |
used exclusively for the administration and enforcement of this | 1276 |
chapter and rules; | 1277 |
(4) If the animal or snake was quarantined or transferred by | 1278 |
a law enforcement officer who is not a state highway patrol | 1279 |
trooper, the special fund that is created in the political | 1280 |
subdivision that employs the law enforcement officer in division | 1281 |
(D) of section 935.16 of the Revised Code. | 1282 |
(K) The director shall maintain a list of facilities inside | 1283 |
and outside the state that the director determines are eligible to | 1284 |
accept dangerous wild animals and restricted snakes for the | 1285 |
purposes of this section. | 1286 |
Sec. 935.21. The director of agriculture may request either | 1287 |
of the following to accompany the director or an employee of the | 1288 |
department of agriculture for purposes of investigations and | 1289 |
inspections conducted under this chapter: | 1290 |
(A) A law enforcement officer; | 1291 |
(B) With the consent of the director of natural resources, a | 1292 |
natural resources law enforcement officer. | 1293 |
Sec. 935.22. An employee of an agency or political | 1294 |
subdivision of the state that destroys a dangerous wild animal or | 1295 |
restricted snake that is a threat to public safety is not liable | 1296 |
for damages in a civil action for any injury, death, or loss to | 1297 |
person or property that allegedly arises from the destruction of | 1298 |
the animal or snake. | 1299 |
Sec. 935.23. (A) The owner of a restricted snake specified in | 1300 |
division (L)(2), (3), or (4) of section 935.01 of the Revised Code | 1301 |
shall do both of the following: | 1302 |
(1) Have access to antivenom for each species of snake that | 1303 |
the person owns either at the location where each snake is | 1304 |
confined or at a hospital, as defined in section 3727.01 of the | 1305 |
Revised Code, with which the owner has entered into a written | 1306 |
agreement to provide the antivenom. However, an owner may apply to | 1307 |
the director of agriculture for a waiver to have access to | 1308 |
antivenom in a location that is not specified in division (A)(1) | 1309 |
of this section. | 1310 |
(2) Submit proof of having access to the antivenom required | 1311 |
by division (A)(1) of this section to the sheriff of the county | 1312 |
and the chief law enforcement officer of the township or municipal | 1313 |
corporation in which each snake that the person owns is confined. | 1314 |
In addition, the owner shall submit a list that contains the | 1315 |
name of each species of restricted snake specified in division | 1316 |
(L)(2), (3), or (4) of section 935.01 of the Revised Code that the | 1317 |
person owns to the sheriff of the county and the chief law | 1318 |
enforcement officer of the township or municipal corporation in | 1319 |
which each snake is confined. If the restricted snake or snakes | 1320 |
owned by the person change, the owner shall submit an updated list | 1321 |
to the sheriff of the county and the chief law enforcement officer | 1322 |
of the township or municipal corporation in which each such snake | 1323 |
is confined no later than seven days after the change occurs. | 1324 |
(B) If a restricted snake specified in division (L)(2), (3), | 1325 |
or (4) of section 935.01 of the Revised Code bites a person other | 1326 |
than the snake's owner, the owner is liable for all costs | 1327 |
associated with the treatment of the bite, including the cost of | 1328 |
replacement of any antivenom that was used to treat the bite. | 1329 |
Sec. 935.24. (A) The attorney general, upon request of the | 1330 |
director of agriculture, shall bring an action for injunction | 1331 |
against any person who has violated, is violating, or is | 1332 |
threatening to violate this chapter or rules. The court of common | 1333 |
pleas in which an action for injunction is filed has jurisdiction | 1334 |
to and shall grant preliminary and permanent injunctive relief | 1335 |
upon a showing that the person against whom the action is brought | 1336 |
has violated, is violating, or is threatening to violate this | 1337 |
chapter or rules. | 1338 |
(B)(1) The director may assess a civil penalty against any | 1339 |
person that the director determines is not in compliance with this | 1340 |
chapter or rules. | 1341 |
(2) The director shall afford the person an opportunity for | 1342 |
an adjudication under Chapter 119. of the Revised Code to | 1343 |
challenge the director's determination that the person is not in | 1344 |
compliance with this chapter or rules. However, the person may | 1345 |
waive the right to an adjudication. | 1346 |
(3) If the opportunity for an adjudication is waived or if, | 1347 |
after an adjudication, the director determines that a violation | 1348 |
has occurred or is occurring, the director may issue an order and | 1349 |
assess a civil penalty in an amount established in rules against | 1350 |
the violator. The order and the assessment of the civil penalty | 1351 |
may be appealed in accordance with section 119.12 of the Revised | 1352 |
Code. | 1353 |
(C) Notwithstanding any other section of the Revised Code, | 1354 |
money resulting from any action taken under this section shall be | 1355 |
credited to the dangerous and restricted animal fund created in | 1356 |
section 935.25 of the Revised Code. | 1357 |
Sec. 935.25. (A) There is hereby created in the state | 1358 |
treasury the dangerous and restricted animal fund, which shall | 1359 |
consist of all of the following: | 1360 |
(1) Money collected from permit application fees under this | 1361 |
chapter; | 1362 |
(2) Money credited to the fund under division (J)(1) of | 1363 |
section 935.20 of the Revised Code; | 1364 |
(3) Money credited to the fund under division (D) of section | 1365 |
935.24 of the Revised Code. | 1366 |
(B) Money in the fund shall be used for any of the following | 1367 |
purposes: | 1368 |
(1) Administration and enforcement of this chapter and rules; | 1369 |
(2) Compensation of the department of natural resources or | 1370 |
the state highway patrol for the costs incurred in capturing or | 1371 |
destroying a dangerous wild animal or restricted snake pursuant to | 1372 |
section 935.16 of the Revised Code; | 1373 |
(3) Compensation of the departments of natural resources and | 1374 |
health and the state highway patrol for the costs incurred in | 1375 |
conducting investigations and quarantining or transferring a | 1376 |
dangerous wild animal or restricted snake pursuant to section | 1377 |
935.20 of the Revised Code; | 1378 |
(4) Compensation of a facility that is on the list maintained | 1379 |
by the director of agriculture under division (K) of section | 1380 |
935.20 of the Revised Code and that accepts a dangerous wild | 1381 |
animal or restricted snake pursuant to that section. | 1382 |
(C) Investment earnings of the fund shall be credited to the | 1383 |
fund. | 1384 |
Sec. 935.26. (A) There is hereby created the dangerous and | 1385 |
restricted animals advisory board consisting of the following | 1386 |
members: | 1387 |
(1) The director of agriculture or the director's designee, | 1388 |
who shall be the chairperson of the board; | 1389 |
(2) The director of natural resources or the director's | 1390 |
designee; | 1391 |
(3) The director of health or the director's designee; | 1392 |
(4) The state veterinarian in the department of agriculture; | 1393 |
(5) The following ten members who shall be appointed by the | 1394 |
governor with the advice and consent of the senate and shall be | 1395 |
residents of this state: | 1396 |
(a) One member representing dangerous wild animal or | 1397 |
restricted snake owners; | 1398 |
(b) One member who is knowledgeable about dangerous wild | 1399 |
animals or restricted snakes; | 1400 |
(c) One member representing an accredited member of the | 1401 |
association of zoos and aquariums that operates in this state; | 1402 |
(d) One member representing an accredited member of the | 1403 |
zoological association of America; | 1404 |
(e) Two members who are veterinarians; | 1405 |
(f) Two members representing the public; | 1406 |
(g) One member representing the governor; | 1407 |
(h) One member representing a humane society. | 1408 |
(6) One member appointed by the speaker of the house of | 1409 |
representatives who shall be a restricted snake owner; | 1410 |
(7) One member appointed by the president of the senate who | 1411 |
shall be a dangerous wild animal owner. | 1412 |
Not more than seven members appointed to the board at any | 1413 |
given time shall be members of the same political party. | 1414 |
(B)(1) The governor, the speaker of the house of | 1415 |
representatives, and the president of the senate shall make | 1416 |
initial appointments to the board not later than forty-five days | 1417 |
after the effective date of this section. | 1418 |
(2) The following initial members of the board appointed by | 1419 |
the governor shall be appointed for a term ending January 15, | 1420 |
2013: | 1421 |
(a) The member representing dangerous wild animal or | 1422 |
restricted snake owners; | 1423 |
(b) One of the members who is a veterinarian; | 1424 |
(c) The member representing the governor; | 1425 |
(d) The member representing an accredited member of the | 1426 |
zoological association of America. | 1427 |
(3) The following initial members of the board shall be | 1428 |
appointed for a term ending January 15, 2014: | 1429 |
(a) The member appointed by the speaker of the house of | 1430 |
representatives; | 1431 |
(b) The member who is knowledgeable about dangerous wild | 1432 |
animals or restricted snakes; | 1433 |
(c) The member representing a humane society; | 1434 |
(d) One of the members representing the public. | 1435 |
(4) The following initial members of the board shall be | 1436 |
appointed for a term ending January 15, 2015: | 1437 |
(a) The member appointed by the president of the senate; | 1438 |
(b) The member representing an accredited member of the | 1439 |
association of zoos and aquariums that operates in this state; | 1440 |
(c) One of the members representing the public; | 1441 |
(d) One of the members who is a veterinarian. | 1442 |
Thereafter, terms of office of appointed members shall be for | 1443 |
three years with each term ending on the same day of the same | 1444 |
month as did the term that it succeeds. An appointed member shall | 1445 |
hold office from the date of the member's appointment until the | 1446 |
end of the term for which the member was appointed. | 1447 |
The terms of office of the director of agriculture, the | 1448 |
director of natural resources, the director of health, their | 1449 |
designees, and the state veterinarian shall coincide with the | 1450 |
length of time that the person holds the position of director or | 1451 |
state veterinarian or is a designee, as applicable. If a director, | 1452 |
a designee, or the state veterinarian resigns or that person's | 1453 |
employment is terminated, that person shall cease to serve on the | 1454 |
board, and the successor of that person shall serve on the board | 1455 |
in accordance with this section. | 1456 |
(C) Vacancies on the board shall be filled in the manner | 1457 |
provided for original appointments. A member appointed to fill a | 1458 |
vacancy occurring prior to the expiration of the term for which | 1459 |
the member's predecessor was appointed shall hold office for the | 1460 |
remainder of that term. A member shall continue in office | 1461 |
subsequent to the expiration date of the member's term until the | 1462 |
member's successor takes office, or until a period of one hundred | 1463 |
eighty days has elapsed, whichever occurs first. A member may be | 1464 |
reappointed upon the expiration of the member's term. | 1465 |
(D) The board shall hold at least three regular meetings each | 1466 |
year and may hold additional meetings at times that the | 1467 |
chairperson or a majority of the board members considers | 1468 |
appropriate. At the first meeting of the board in each calendar | 1469 |
year, the director of agriculture or the director's designee shall | 1470 |
designate one member of the board to serve as its | 1471 |
vice-chairperson. A majority of the board constitutes a quorum. | 1472 |
The board may act only if a quorum is present and only by a | 1473 |
majority vote of the members. | 1474 |
(E) Serving as an appointed member of the board does not | 1475 |
constitute holding a public office or position of employment under | 1476 |
the laws of this state and does not constitute grounds for removal | 1477 |
of public officers or employees from their offices or positions of | 1478 |
employment. | 1479 |
(F) Appointed members of the board shall receive no | 1480 |
compensation for their services. Members shall be reimbursed for | 1481 |
their actual and necessary expenses incurred in the performance of | 1482 |
their duties as members. The expenses shall be paid from the | 1483 |
dangerous and restricted animal fund created in section 935.25 of | 1484 |
the Revised Code. The expenses shall be paid in accordance with | 1485 |
the rules and requirements adopted by the department of | 1486 |
administrative services that are applicable to state employees. | 1487 |
(G) The board may create committees that it considers | 1488 |
appropriate to make recommendations to the board. Committees may | 1489 |
include members who do not serve on the board. | 1490 |
(H) The board shall do both of the following: | 1491 |
(1) Review the rules that have been or are proposed to be | 1492 |
adopted under divisions (A)(2) and (B) of section 935.17 of the | 1493 |
Revised Code; | 1494 |
(2) Advise the director of agriculture on the administration | 1495 |
of this chapter and rules. | 1496 |
Sec. 935.99. (A) Whoever violates division (A), (B), (C), | 1497 |
(E), (F), or (G) of section 935.18 of the Revised Code is guilty | 1498 |
of a misdemeanor of the first degree on a first offense and a | 1499 |
felony of the fifth degree on each subsequent offense. | 1500 |
(B) Whoever violates division (D) of section 935.18 of the | 1501 |
Revised Code is guilty of a felony of the fifth degree. | 1502 |
Sec. 1533.71. (A) Unless otherwise provided by division | 1503 |
rule, any person desiring to engage in the business of raising and | 1504 |
selling game birds, game quadrupeds, reptiles, amphibians, or | 1505 |
fur-bearing animals in a wholly enclosed preserve of which the | 1506 |
person is the owner or lessee, or to have game birds, game | 1507 |
quadrupeds, reptiles, amphibians, or fur-bearing animals in | 1508 |
captivity, shall apply in writing to the division of wildlife for | 1509 |
a license to do so. | 1510 |
(B) The division, when it appears that the application is | 1511 |
made in good faith and upon the payment of the fee for each | 1512 |
license, may issue to the applicant any of the following licenses | 1513 |
that may be applied for: | 1514 |
| 1515 |
licensee to propagate game birds, game quadrupeds, reptiles, | 1516 |
amphibians, or fur-bearing animals in the wholly enclosed preserve | 1517 |
the location of which is stated in the license and the application | 1518 |
therefor, and to sell the propagated game birds, game quadrupeds, | 1519 |
reptiles, amphibians, or fur-bearing animals and ship them from | 1520 |
the state alive at any time, and permitting the licensee and the | 1521 |
licensee's employees to kill the propagated game birds, game | 1522 |
quadrupeds, or fur-bearing animals and sell the carcasses for food | 1523 |
subject to sections 1533.70 to 1533.80 of the Revised Code. The | 1524 |
fee for such a license is forty dollars per annum. | 1525 |
| 1526 |
licensee to propagate game birds, game quadrupeds, reptiles, | 1527 |
amphibians, or fur-bearing animals and to hold the animals in | 1528 |
captivity. Game birds, game quadrupeds, reptiles, amphibians, and | 1529 |
fur-bearing animals propagated or held in captivity by authority | 1530 |
of a noncommercial propagating license are for the licensee's own | 1531 |
use and shall not be sold. The fee for such a license is | 1532 |
twenty-five dollars per annum. | 1533 |
| 1534 |
organized clubs, associations, or individuals approved by the | 1535 |
division to engage in the raising of game birds, game quadrupeds, | 1536 |
or fur-bearing animals for release only and not for sale or | 1537 |
personal use. | 1538 |
(C) Except as provided by law, no person shall possess game | 1539 |
birds, game quadrupeds, or fur-bearing animals in closed season, | 1540 |
provided that municipal or governmental zoological parks are not | 1541 |
required to obtain the licenses provided for in this section. | 1542 |
All licenses issued under this section shall expire on the | 1543 |
fifteenth day of March of each year. | 1544 |
The chief of the division of wildlife shall pay all moneys | 1545 |
received as fees for the issuance of licenses under this section | 1546 |
into the state treasury to the credit of the fund created by | 1547 |
section 1533.15 of the Revised Code for the use of the division in | 1548 |
the purchase, preservation, and protection of wild animals and for | 1549 |
the necessary clerical help and forms required by sections 1533.70 | 1550 |
to 1533.80 of the Revised Code. | 1551 |
(D) This section does not authorize the taking or the release | 1552 |
for taking of the following: | 1553 |
(1) Game birds, without first obtaining a commercial bird | 1554 |
shooting preserve license issued under section 1533.72 of the | 1555 |
Revised Code; | 1556 |
(2) Game or nonnative wildlife, without first obtaining a | 1557 |
wild animal hunting preserve license issued under section 1533.721 | 1558 |
of the Revised Code. | 1559 |
(E) A license shall not be issued under this section to raise | 1560 |
or sell a dangerous wild animal or restricted snake as defined in | 1561 |
section 935.01 of the Revised Code. | 1562 |
Section 2. That existing section 1533.71 and section 2927.21 | 1563 |
of the Revised Code are hereby repealed. | 1564 |