(6) "Federal animal welfare act" means the "Laboratory Animal | 28 |
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. | 29 |
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. | 30 |
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act | 31 |
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and | 32 |
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 | 33 |
(1985), and as it may be subsequently amended. | 34 |
(5)(2) Deprive the companion animal of necessary sustenance, | 83 |
or confine the companion animal without supplying it during the | 84 |
confinement with sufficient quantities of good, wholesome food and | 85 |
water, or impound or confine the companion animal without | 86 |
affording it, during the impoundment or confinement, with access | 87 |
to shelter from heat, cold, wind, rain, snow, or excessive direct | 88 |
sunlight, if it can reasonably be expected that the companion | 89 |
animal would become sick or suffer in any other way as a result of | 90 |
or due to the deprivation,or confinement, or impoundment or | 91 |
confinement in any of those specified manners; | 92 |
(3) Impound or confine the companion animal without affording | 93 |
it, during the impoundment or confinement, with access to shelter | 94 |
from heat, cold, wind, rain, snow, or excessive direct sunlight if | 95 |
it can reasonably be expected that the companion animal would | 96 |
become sick or suffer in any other way as a result of or due to | 97 |
the lack of adequate shelter. | 98 |
(2) Deprive the companion animal of necessary sustenance,or | 105 |
confine the companion animal without supplying it during the | 106 |
confinement with sufficient quantities of good, wholesome food and | 107 |
water, or impound or confine the companion animal without | 108 |
affording it, during the impoundment or confinement, with access | 109 |
to shelter if it is substantially certain that the companion | 110 |
animal would die or experience unnecessary or unjustifiable pain | 111 |
or suffering due to the deprivation, confinement, or impoundment | 112 |
or confinement in any of those specified mannerscan reasonably be | 113 |
expected that the companion animal would become sick or suffer in | 114 |
any other way as a result of the deprivation or confinement; | 115 |
(3) Impound or confine the companion animal without affording | 116 |
it, during the impoundment or confinement, with access to shelter | 117 |
from heat, cold, wind, rain, snow, or excessive direct sunlight if | 118 |
it can reasonably be expected that the companion animal would | 119 |
become sick or suffer in any other way as a result of or due to | 120 |
the lack of adequate shelter. | 121 |
(5)(2) Deprive the companion animal of necessary sustenance, | 139 |
or confine the companion animal without supplying it during the | 140 |
confinement with sufficient quantities of good, wholesome food and | 141 |
water, or impound or confine the companion animal without | 142 |
affording it, during the impoundment or confinement, with access | 143 |
to shelter from heat, cold, wind, rain, snow, or excessive direct | 144 |
sunlight if it can reasonably be expected that the companion | 145 |
animal would become sick or suffer in any other way as a result of | 146 |
or due to the deprivation,or confinement, or impoundment or | 147 |
confinement in any of those specified manners; | 148 |
(3) Impound or confine the companion animal without affording | 149 |
it, during the impoundment or confinement, with access to shelter | 150 |
from heat, cold, wind, rain, snow, or excessive direct sunlight if | 151 |
it can reasonably be expected that the companion animal would | 152 |
become sick or suffer in any other way as a result of or due to | 153 |
the lack of adequate shelter. | 154 |
(G)(H) Notwithstanding any section of the Revised Code that | 174 |
otherwise provides for the distribution of fine moneys, the clerk | 175 |
of court shall forward all fines the clerk collects that are so | 176 |
imposed for any violation of this section to the treasurer of the | 177 |
political subdivision or the state, whose county humane society or | 178 |
law enforcement agency is to be paid the fine money as determined | 179 |
under this division. The treasurer to whom the fines are forwarded | 180 |
shall pay the fine moneys to the county humane society or the | 181 |
county, township, municipal corporation, or state law enforcement | 182 |
agency in this state that primarily was responsible for or | 183 |
involved in the investigation and prosecution of the violation. If | 184 |
a county humane society receives any fine moneys under this | 185 |
division, the county humane society shall use the fine moneys | 186 |
either to provide the training that is required for humane agents | 187 |
under section 1717.06 of the Revised Code or to provide additional | 188 |
training for humane agents. | 189 |
(B) An officer may seize and cause to be impounded at an | 204 |
impounding agency a companion animal that the officer has probable | 205 |
cause to believe is the subject of an offense. No officer or | 206 |
impounding agency shall impound a companion animal that is the | 207 |
subject of an offense in a shelter owned, operated, or controlled | 208 |
by a board of county commissioners pursuant to Chapter 955. of the | 209 |
Revised Code unless the board, by resolution, authorizes the | 210 |
impoundment of such a companion animal in a shelter owned, | 211 |
operated, or controlled by that board and has executed, in the | 212 |
case when the officer is other than a dog warden or assistant dog | 213 |
warden, a contract specifying the terms and conditions of the | 214 |
impoundment. | 215 |
(C) The officer shall give written notice of the seizure and | 216 |
impoundment to the owner, keeper, or harborer of the companion | 217 |
animal that was seized and impounded. If the officer is unable to | 218 |
give the notice to the owner, keeper, or harborer of the companion | 219 |
animal, the officer shall post the notice on the door of the | 220 |
residence or in another conspicuous place on the premises at which | 221 |
the companion animal was seized. The notice shall include a | 222 |
statement that a hearing will be held not later than ten days | 223 |
after the notice is provided or at the next available court date | 224 |
to determine whether the officer had probable cause to seize the | 225 |
companion animal and, if applicable, to determine the amount of a | 226 |
bond or cash deposit that is needed to provide for the companion | 227 |
animal's care and keeping for not less than thirty days beginning | 228 |
on the date on which the companion animal was impounded. | 229 |
(E)(1) Not later than ten days after notice is provided or at | 234 |
the next available court date, the court shall hold a hearing to | 235 |
determine whether the officer impounding a companion animal had | 236 |
probable cause to seize the companion animal. If the court | 237 |
determines that probable cause exists, the court shall determine | 238 |
the amount of a bond or cash deposit that is needed to provide for | 239 |
the companion animal's care and keeping for not less than thirty | 240 |
days beginning on the date on which the companion animal was | 241 |
impounded. | 242 |
(2) If the court determines that probable cause does not | 243 |
exist, the court immediately shall order the impounding agency to | 244 |
return the companion animal to its owner if possible. If the | 245 |
companion animal cannot be returned because it has died as a | 246 |
result of neglect or other misconduct by the impounding agency or | 247 |
if the companion animal is injured as a result of neglect or other | 248 |
misconduct by the impounding agency, the court shall order the | 249 |
impounding agency to pay the owner an amount determined by the | 250 |
court to be equal to the reasonable market value of the companion | 251 |
animal at the time that it was impounded plus statutory interest | 252 |
as defined in section 1343.03 of the Revised Code from the date of | 253 |
the impoundment or an amount determined by the court to be equal | 254 |
to the reasonable cost of treatment of the injury to the companion | 255 |
animal, as applicable. The requirement established in division | 256 |
(E)(2) of this section regarding the payment of the reasonable | 257 |
market value of the companion animal shall not apply in the case | 258 |
of a dog that, in violation of section 955.01 of the Revised Code, | 259 |
was not registered at the time it was seized and impounded. | 260 |
(3) If the court determines that probable cause exists and | 261 |
determines the amount of a bond or cash deposit, the case shall | 262 |
continue and the owner shall post a bond or cash deposit to | 263 |
provide for the companion animal's care and keeping for not less | 264 |
than thirty days beginning on the date on which the companion | 265 |
animal was impounded. The owner may renew a bond or cash deposit | 266 |
by posting, not later than ten days following the expiration of | 267 |
the period for which a previous bond or cash deposit was posted, a | 268 |
new bond or cash deposit in an amount that the court, in | 269 |
consultation with the impounding agency, determines is sufficient | 270 |
to provide for the companion animal's care and keeping for not | 271 |
less than thirty days beginning on the date on which the previous | 272 |
period expired. If no bond or cash deposit is posted or if a bond | 273 |
or cash deposit expires and is not renewed, the impounding agency | 274 |
may determine the disposition of the companion animal unless the | 275 |
court issues an order that specifies otherwise. | 276 |
(G) If a person is found not guilty of committing an offense, | 289 |
the court immediately shall order the impounding agency to return | 290 |
the companion animal to its owner if possible and to return the | 291 |
entire amount of any bond or cash deposit posted under division | 292 |
(E) of this section. If the companion animal cannot be returned | 293 |
because it has died as a result of neglect or other misconduct by | 294 |
the impounding agency or if the companion animal is injured as a | 295 |
result of neglect or other misconduct by the impounding agency, | 296 |
the court shall order the impounding agency to pay the owner an | 297 |
amount determined by the court to be equal to the reasonable | 298 |
market value of the companion animal at the time that it was | 299 |
impounded plus statutory interest as defined in section 1343.03 of | 300 |
the Revised Code from the date of the impoundment or an amount | 301 |
determined by the court to be equal to the reasonable cost of | 302 |
treatment of the injury to the companion animal, as applicable. | 303 |
The requirements established in this division regarding the return | 304 |
of a bond or cash deposit and the payment of the reasonable market | 305 |
value of the companion animal shall not apply in the case of a dog | 306 |
that, in violation of section 955.01 of the Revised Code, was not | 307 |
registered at the time it was seized and impounded. | 308 |
(H) If charges are filed under section 959.131 of the Revised | 309 |
Code against the custodian or caretaker of a companion animal, but | 310 |
the companion animal that is the subject of the charges is not | 311 |
impounded, the court in which the charges are pending may order | 312 |
the owner or person having custody of the companion animal to | 313 |
provide to the companion animal the necessities described in | 314 |
division (C)(5), (D)(2)(D)(2), (D)(3), (E)(2), (E)(3), (F)(2), or | 315 |
(E)(5)(F)(3) of section 959.131 of the Revised Code until the | 316 |
final disposition of the charges. If the court issues an order of | 317 |
that nature, the court also may authorize an officer or another | 318 |
person to visit the place where the companion animal is being | 319 |
kept, at the times and under the conditions that the court may | 320 |
set, to determine whether the companion animal is receiving those | 321 |
necessities and to remove and impound the companion animal if the | 322 |
companion animal is not receiving those necessities. | 323 |
(D) Whoever violates division (A) of section 959.13 of the | 335 |
Revised Code is guilty of a misdemeanor of the second degree. In | 336 |
addition, the court may order the offender to forfeit the animal | 337 |
or livestock and may provide for its disposition, including, but | 338 |
not limited to, the sale of the animal or livestock. If an animal | 339 |
or livestock is forfeited and sold pursuant to this division, the | 340 |
proceeds from the sale first shall be applied to pay the expenses | 341 |
incurred with regard to the care of the animal from the time it | 342 |
was taken from the custody of the former owner. The balance of the | 343 |
proceeds from the sale, if any, shall be paid to the former owner | 344 |
of the animal. | 345 |
(5)(6)(a) A court may order a person who is convicted of or | 360 |
pleads guilty to a violation of section 959.131 of the Revised | 361 |
Code to forfeit to an impounding agency, as defined in section | 362 |
959.132 of the Revised Code, any or all of the companion animals | 363 |
in that person's ownership or care. The court also may prohibit or | 364 |
place limitations on the person's ability to own or care for any | 365 |
companion animals for a specified or indefinite period of time. | 366 |