(6) "Federal animal welfare act" means the "Laboratory Animal | 23 |
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. | 24 |
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. | 25 |
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act | 26 |
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and | 27 |
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 | 28 |
(1985), and as it may be subsequently amended. | 29 |
(5)(2) Deprive the companion animal of necessary sustenance, | 74 |
or confine the companion animal without supplying it during the | 75 |
confinement with sufficient quantities of good, wholesome food and | 76 |
water, or impound or confine the companion animal without | 77 |
affording it, during the impoundment or confinement, with access | 78 |
to shelter from heat, cold, wind, rain, snow, or excessive direct | 79 |
sunlight, if it can reasonably be expected that the companion | 80 |
animal would become sick or suffer in any other way as a result of | 81 |
or due to the deprivation,or confinement, or impoundment or | 82 |
confinement in any of those specified manners; | 83 |
(3) Confine the companion animal without affording it, during | 84 |
the impoundment or confinement, with access to shelter from heat, | 85 |
cold, wind, rain, snow, or excessive direct sunlight if it can | 86 |
reasonably be expected that the companion animal would become sick | 87 |
or suffer in any other way as a result of or due to the lack of | 88 |
adequate shelter. | 89 |
(2) Deprive the companion animal of necessary sustenance,or | 96 |
confine the companion animal without supplying it during the | 97 |
confinement with sufficient quantities of good, wholesome food and | 98 |
water, or impound or confine the companion animal without | 99 |
affording it, during the impoundment or confinement, with access | 100 |
to shelter if it is substantially certain that the companion | 101 |
animal would die or experience unnecessary or unjustifiable pain | 102 |
or suffering due to the deprivation, confinement, or impoundment | 103 |
or confinement in any of those specified mannerscan reasonably be | 104 |
expected that the companion animal would become sick or suffer in | 105 |
any other way as a result of the deprivation or confinement; | 106 |
(3) Confine the companion animal without affording it, during | 107 |
the impoundment or confinement, with access to shelter from heat, | 108 |
cold, wind, rain, snow, or excessive direct sunlight if it can | 109 |
reasonably be expected that the companion animal would become sick | 110 |
or suffer in any other way as a result of or due to the lack of | 111 |
adequate shelter. | 112 |
(5)(2) Deprive the companion animal of necessary sustenance, | 130 |
or confine the companion animal without supplying it during the | 131 |
confinement with sufficient quantities of good, wholesome food and | 132 |
water, or impound or confine the companion animal without | 133 |
affording it, during the impoundment or confinement, with access | 134 |
to shelter from heat, cold, wind, rain, snow, or excessive direct | 135 |
sunlight if it can reasonably be expected that the companion | 136 |
animal would become sick or suffer in any other way as a result of | 137 |
or due to the deprivation,or confinement, or impoundment or | 138 |
confinement in any of those specified manners; | 139 |
(3) Confine the companion animal without affording it, during | 140 |
the impoundment or confinement, with access to shelter from heat, | 141 |
cold, wind, rain, snow, or excessive direct sunlight if it can | 142 |
reasonably be expected that the companion animal would become sick | 143 |
or suffer in any other way as a result of or due to the lack of | 144 |
adequate shelter. | 145 |
(G)(H) Notwithstanding any section of the Revised Code that | 165 |
otherwise provides for the distribution of fine moneys, the clerk | 166 |
of court shall forward all fines the clerk collects that are so | 167 |
imposed for any violation of this section to the treasurer of the | 168 |
political subdivision or the state, whose county humane society or | 169 |
law enforcement agency is to be paid the fine money as determined | 170 |
under this division. The treasurer to whom the fines are forwarded | 171 |
shall pay the fine moneys to the county humane society or the | 172 |
county, township, municipal corporation, or state law enforcement | 173 |
agency in this state that primarily was responsible for or | 174 |
involved in the investigation and prosecution of the violation. If | 175 |
a county humane society receives any fine moneys under this | 176 |
division, the county humane society shall use the fine moneys | 177 |
either to provide the training that is required for humane agents | 178 |
under section 1717.06 of the Revised Code or to provide additional | 179 |
training for humane agents. | 180 |
(B) An officer may seize and cause to be impounded at an | 195 |
impounding agency a companion animal that the officer has probable | 196 |
cause to believe is the subject of an offense. No officer or | 197 |
impounding agency shall impound a companion animal that is the | 198 |
subject of an offense in a shelter owned, operated, or controlled | 199 |
by a board of county commissioners pursuant to Chapter 955. of the | 200 |
Revised Code unless the board, by resolution, authorizes the | 201 |
impoundment of such a companion animal in a shelter owned, | 202 |
operated, or controlled by that board and has executed, in the | 203 |
case when the officer is other than a dog warden or assistant dog | 204 |
warden, a contract specifying the terms and conditions of the | 205 |
impoundment. | 206 |
(C) The officer shall give written notice of the seizure and | 207 |
impoundment to the owner, keeper, or harborer of the companion | 208 |
animal that was seized and impounded. If the officer is unable to | 209 |
give the notice to the owner, keeper, or harborer of the companion | 210 |
animal, the officer shall post the notice on the door of the | 211 |
residence or in another conspicuous place on the premises at which | 212 |
the companion animal was seized. The notice shall include a | 213 |
statement that a hearing will be held not later than ten days | 214 |
after the notice is provided or at the next available court date | 215 |
to determine whether the officer had probable cause to seize the | 216 |
companion animal and, if applicable, to determine the amount of a | 217 |
bond or cash deposit that is needed to provide for the companion | 218 |
animal's care and keeping for not less than thirty days beginning | 219 |
on the date on which the companion animal was impounded. | 220 |
(E)(1) Not later than ten days after notice is provided or at | 225 |
the next available court date, the court shall hold a hearing to | 226 |
determine whether the officer impounding a companion animal had | 227 |
probable cause to seize the companion animal. If the court | 228 |
determines that probable cause exists, the court shall determine | 229 |
the amount of a bond or cash deposit that is needed to provide for | 230 |
the companion animal's care and keeping for not less than thirty | 231 |
days beginning on the date on which the companion animal was | 232 |
impounded. | 233 |
(2) If the court determines that probable cause does not | 234 |
exist, the court immediately shall order the impounding agency to | 235 |
return the companion animal to its owner if possible. If the | 236 |
companion animal cannot be returned because it has died as a | 237 |
result of neglect or other misconduct by the impounding agency or | 238 |
if the companion animal is injured as a result of neglect or other | 239 |
misconduct by the impounding agency, the court shall order the | 240 |
impounding agency to pay the owner an amount determined by the | 241 |
court to be equal to the reasonable market value of the companion | 242 |
animal at the time that it was impounded plus statutory interest | 243 |
as defined in section 1343.03 of the Revised Code from the date of | 244 |
the impoundment or an amount determined by the court to be equal | 245 |
to the reasonable cost of treatment of the injury to the companion | 246 |
animal, as applicable. The requirement established in division | 247 |
(E)(2) of this section regarding the payment of the reasonable | 248 |
market value of the companion animal shall not apply in the case | 249 |
of a dog that, in violation of section 955.01 of the Revised Code, | 250 |
was not registered at the time it was seized and impounded. | 251 |
(3) If the court determines that probable cause exists and | 252 |
determines the amount of a bond or cash deposit, the case shall | 253 |
continue and the owner shall post a bond or cash deposit to | 254 |
provide for the companion animal's care and keeping for not less | 255 |
than thirty days beginning on the date on which the companion | 256 |
animal was impounded. The owner may renew a bond or cash deposit | 257 |
by posting, not later than ten days following the expiration of | 258 |
the period for which a previous bond or cash deposit was posted, a | 259 |
new bond or cash deposit in an amount that the court, in | 260 |
consultation with the impounding agency, determines is sufficient | 261 |
to provide for the companion animal's care and keeping for not | 262 |
less than thirty days beginning on the date on which the previous | 263 |
period expired. If no bond or cash deposit is posted or if a bond | 264 |
or cash deposit expires and is not renewed, the impounding agency | 265 |
may determine the disposition of the companion animal unless the | 266 |
court issues an order that specifies otherwise. | 267 |
(G) If a person is found not guilty of committing an offense, | 280 |
the court immediately shall order the impounding agency to return | 281 |
the companion animal to its owner if possible and to return the | 282 |
entire amount of any bond or cash deposit posted under division | 283 |
(E) of this section. If the companion animal cannot be returned | 284 |
because it has died as a result of neglect or other misconduct by | 285 |
the impounding agency or if the companion animal is injured as a | 286 |
result of neglect or other misconduct by the impounding agency, | 287 |
the court shall order the impounding agency to pay the owner an | 288 |
amount determined by the court to be equal to the reasonable | 289 |
market value of the companion animal at the time that it was | 290 |
impounded plus statutory interest as defined in section 1343.03 of | 291 |
the Revised Code from the date of the impoundment or an amount | 292 |
determined by the court to be equal to the reasonable cost of | 293 |
treatment of the injury to the companion animal, as applicable. | 294 |
The requirements established in this division regarding the return | 295 |
of a bond or cash deposit and the payment of the reasonable market | 296 |
value of the companion animal shall not apply in the case of a dog | 297 |
that, in violation of section 955.01 of the Revised Code, was not | 298 |
registered at the time it was seized and impounded. | 299 |
(H) If charges are filed under section 959.131 of the Revised | 300 |
Code against the custodian or caretaker of a companion animal, but | 301 |
the companion animal that is the subject of the charges is not | 302 |
impounded, the court in which the charges are pending may order | 303 |
the owner or person having custody of the companion animal to | 304 |
provide to the companion animal the necessities described in | 305 |
division (C)(5), (D)(2)(D)(2), (D)(3), (E)(2), (E)(3), (F)(2), or | 306 |
(E)(5)(F)(3) of section 959.131 of the Revised Code until the | 307 |
final disposition of the charges. If the court issues an order of | 308 |
that nature, the court also may authorize an officer or another | 309 |
person to visit the place where the companion animal is being | 310 |
kept, at the times and under the conditions that the court may | 311 |
set, to determine whether the companion animal is receiving those | 312 |
necessities and to remove and impound the companion animal if the | 313 |
companion animal is not receiving those necessities. | 314 |
(D) Whoever violates division (A) of section 959.13 of the | 326 |
Revised Code is guilty of a misdemeanor of the second degree. In | 327 |
addition, the court may order the offender to forfeit the animal | 328 |
or livestock and may provide for its disposition, including, but | 329 |
not limited to, the sale of the animal or livestock. If an animal | 330 |
or livestock is forfeited and sold pursuant to this division, the | 331 |
proceeds from the sale first shall be applied to pay the expenses | 332 |
incurred with regard to the care of the animal from the time it | 333 |
was taken from the custody of the former owner. The balance of the | 334 |
proceeds from the sale, if any, shall be paid to the former owner | 335 |
of the animal. | 336 |
(5)(6) If a violation of division (B), (D), or (F) of section | 355 |
959.131 of the Revised Code proximately causes the death of a | 356 |
companion animal, the violator is guilty of a felony of the fifth | 357 |
degree. For purposes of this division, death of a companion animal | 358 |
includes the euthanization of a companion animal upon the | 359 |
recommendation of a licensed veterinarian as defined in section | 360 |
4741.01 of the Revised Code. | 361 |
(7)(a) A court may order a person who is convicted of or | 362 |
pleads guilty to a violation of section 959.131 of the Revised | 363 |
Code to forfeit to an impounding agency, as defined in section | 364 |
959.132 of the Revised Code, any or all of the companion animals | 365 |
in that person's ownership or care. The court also may prohibit or | 366 |
place limitations on the person's ability to own or care for any | 367 |
companion animals for a specified or indefinite period of time. | 368 |