(4) The requirements of minimum basic training that peace | 28 |
officers appointed to probationary terms shall complete before | 29 |
being eligible for permanent appointment, which requirements shall | 30 |
include training in the handling of the offense of domestic | 31 |
violence, other types of domestic violence-related offenses and | 32 |
incidents, and protection orders and consent agreements issued or | 33 |
approved under section 2919.26 or 3113.31 of the Revised Code; | 34 |
crisis intervention training; and training in the handling of | 35 |
missing children and child abuse and neglect cases; and training | 36 |
in handling violations of section 2905.32 of the Revised Code; and | 37 |
the time within which such basic training shall be completed | 38 |
following appointment to a probationary term; | 39 |
(5) The requirements of minimum basic training that peace | 40 |
officers not appointed for probationary terms but appointed on | 41 |
other than a permanent basis shall complete in order to be | 42 |
eligible for continued employment or permanent appointment, which | 43 |
requirements shall include training in the handling of the offense | 44 |
of domestic violence, other types of domestic violence-related | 45 |
offenses and incidents, and protection orders and consent | 46 |
agreements issued or approved under section 2919.26 or 3113.31 of | 47 |
the Revised Code, crisis intervention training, and training in | 48 |
the handling of missing children and child abuse and neglect | 49 |
cases, and training in handling violations of section 2905.32 of | 50 |
the Revised Code, and the time within which such basic training | 51 |
shall be completed following appointment on other than a permanent | 52 |
basis; | 53 |
(6) Categories or classifications of advanced in-service | 54 |
training programs for peace officers, including programs in the | 55 |
handling of the offense of domestic violence, other types of | 56 |
domestic violence-related offenses and incidents, and protection | 57 |
orders and consent agreements issued or approved under section | 58 |
2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 59 |
and in the handling of missing children and child abuse and | 60 |
neglect cases, and in handling violations of section 2905.32 of | 61 |
the Revised Code, and minimum courses of study and attendance | 62 |
requirements with respect to such categories or classifications; | 63 |
(7) Permitting persons, who are employed as members of a | 64 |
campus police department appointed under section 1713.50 of the | 65 |
Revised Code; who are employed as police officers by a qualified | 66 |
nonprofit corporation police department pursuant to section | 67 |
1702.80 of the Revised Code; who are appointed and commissioned as | 68 |
bank, savings and loan association, savings bank, credit union, or | 69 |
association of banks, savings and loan associations, savings | 70 |
banks, or credit unions police officers, as railroad police | 71 |
officers, or as hospital police officers pursuant to sections | 72 |
4973.17 to 4973.22 of the Revised Code; or who are appointed and | 73 |
commissioned as amusement park police officers pursuant to section | 74 |
4973.17 of the Revised Code, to attend approved peace officer | 75 |
training schools, including the Ohio peace officer training | 76 |
academy, and to receive certificates of satisfactory completion of | 77 |
basic training programs, if the private college or university that | 78 |
established the campus police department; qualified nonprofit | 79 |
corporation police department; bank, savings and loan association, | 80 |
savings bank, credit union, or association of banks, savings and | 81 |
loan associations, savings banks, or credit unions; railroad | 82 |
company; hospital; or amusement park sponsoring the police | 83 |
officers pays the entire cost of the training and certification | 84 |
and if trainee vacancies are available; | 85 |
(8) Permitting undercover drug agents to attend approved | 86 |
peace officer training schools, other than the Ohio peace officer | 87 |
training academy, and to receive certificates of satisfactory | 88 |
completion of basic training programs, if, for each undercover | 89 |
drug agent, the county, township, or municipal corporation that | 90 |
employs that undercover drug agent pays the entire cost of the | 91 |
training and certification; | 92 |
(B) The commission shall appoint an executive director, with | 118 |
the approval of the attorney general, who shall hold office during | 119 |
the pleasure of the commission. The executive director shall | 120 |
perform such duties assigned by the commission. The executive | 121 |
director shall receive a salary fixed pursuant to Chapter 124. of | 122 |
the Revised Code and reimbursement for expenses within the amounts | 123 |
available by appropriation. The executive director may appoint | 124 |
officers, employees, agents, and consultants as the executive | 125 |
director considers necessary, prescribe their duties, and provide | 126 |
for reimbursement of their expenses within the amounts available | 127 |
for reimbursement by appropriation and with the approval of the | 128 |
commission. | 129 |
(D) In establishing the requirements, under division (A)(12) | 150 |
of this section, the commission may consider any portions of the | 151 |
curriculum for instruction on the topic of animal husbandry | 152 |
practices, if any, of the Ohio state university college of | 153 |
veterinary medicine. No person or entity that fails to provide | 154 |
instruction on traditional animal husbandry methods and training | 155 |
techniques, including customary owner-performed practices, shall | 156 |
qualify to train a humane agent for appointment under section | 157 |
1717.06 of the Revised Code. | 158 |
(B) Upon the transfer of ownership of any dog, the seller of | 225 |
the dog shall give the buyer a transfer of ownership certificate | 226 |
that shall be signed by the seller. The certificate shall contain | 227 |
the registration number of the dog, the name of the seller, and a | 228 |
brief description of the dog. Blank forms of the certificate may | 229 |
be obtained from the county auditor. A transfer of ownership shall | 230 |
be recorded by the auditor upon presentation of a transfer of | 231 |
ownership certificate that is signed by the former owner of a dog | 232 |
and that is accompanied by a fee of five dollars. | 233 |
(D) Within ten days after the transfer of ownership or | 238 |
possession of any dog, if the seller or other transferor of the | 239 |
dog has knowledge that the dog is a dangerous dog, the seller or | 240 |
other transferor shall give to the buyer or other transferee, the | 241 |
board of health for the district in which the buyer or other | 242 |
transferee resides, and the dog warden of the county in which the | 243 |
buyer or other transferee resides, a completed copy of a written | 244 |
form on which the seller shall furnish the following information: | 245 |
Sec. 955.12. (A) Except as provided in section 955.121 of | 264 |
Revised Code, a board of county commissioners shall appoint or | 265 |
employ a county dog warden and deputies in such number, for such | 266 |
periods of time, and at such compensation as the board considers | 267 |
necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38, | 268 |
and 955.50 to 955.53955.60 of the Revised Code. | 269 |
(B) The warden and deputies shall make a record of all dogs | 276 |
owned, kept, and harbored in their respective counties. They shall | 277 |
patrol their respective counties and seize and impound on sight | 278 |
all dogs found running at large and all dogs more than three | 279 |
months of age found not wearing a valid registration tag, except | 280 |
any dog that wears a valid registration tag and is: on the | 281 |
premises of its owner, keeper, or harborer, under the reasonable | 282 |
control of its owner or some other person, hunting with its owner | 283 |
or its handler at a field trial, kept constantly confined in a dog | 284 |
kennel registered under this chapter or one licensed under Chapter | 285 |
956. of the Revised Code, or acquired by, and confined on the | 286 |
premises of, an institution or organization of the type described | 287 |
in section 955.16 of the Revised Code. A dog that wears a valid | 288 |
registration tag may be seized on the premises of its owner, | 289 |
keeper, or harborer and impounded only in the event of a natural | 290 |
disaster. | 291 |
(C) If a dog warden has reason to believe that a dog is being | 292 |
treated inhumanely on the premises of its owner, keeper, or | 293 |
harborer, the warden shall apply to the court of common pleas for | 294 |
the county in which the premises are located for an order to enter | 295 |
the premises, and if necessary, seize the dog. If the court finds | 296 |
probable cause to believe that the dog is being treated | 297 |
inhumanely, it shall issue such an order. | 298 |
(D) The warden and deputies shall also investigate all claims | 299 |
for damages to animals reported to them under section 955.29 of | 300 |
the Revised Code and assist claimants to fill out the claim form | 301 |
therefor. They shall make weekly reports, in writing, to the board | 302 |
in their respective counties of all dogs seized, impounded, | 303 |
redeemed, and destroyed and of all claims for damage to animals | 304 |
inflicted by dogs. | 305 |
(E) The wardens and deputies shall have the same police | 306 |
powers, including the authority to make arrests, as are conferred | 307 |
upon sheriffs and police officers in the performance of their | 308 |
duties as prescribed by sections 955.01 to 955.27, 955.29 to | 309 |
955.38, and 955.50 to 955.53, and 955.60 of the Revised Code. They | 310 |
shall also have power to summon the assistance of bystanders in | 311 |
performing their duties and may serve writs and other legal | 312 |
processes issued by any court in their respective counties with | 313 |
reference to enforcing those sections. County auditors may | 314 |
deputize the wardens or deputies to issue dog licenses as provided | 315 |
in sections 955.01 and 955.14 of the Revised Code. | 316 |
(F) Whenever any person files an affidavit in a court of | 317 |
competent jurisdiction that there is a dog running at large that | 318 |
is not kept constantly confined either in a dog kennel registered | 319 |
under this chapter or one licensed under Chapter 956. of the | 320 |
Revised Code or on the premises of an institution or organization | 321 |
of the type described in section 955.16 of the Revised Code or | 322 |
that a dog is kept or harbored in the warden's jurisdiction | 323 |
without being registered as required by law, the court shall | 324 |
immediately order the warden to seize and impound the dog. | 325 |
Thereupon the warden shall immediately seize and impound the dog | 326 |
complained of. The warden shall give immediate notice by certified | 327 |
mail to the owner, keeper, or harborer of the dog seized and | 328 |
impounded by the warden, if the owner, keeper, or harborer can be | 329 |
determined from the current year's registration list maintained by | 330 |
the warden and the county auditor of the county where the dog is | 331 |
registered, that the dog has been impounded and that, unless the | 332 |
dog is redeemed within fourteen days of the date of the notice, it | 333 |
may thereafter be sold or destroyed according to law. If the | 334 |
owner, keeper, or harborer cannot be determined from the current | 335 |
year's registration list maintained by the warden and the county | 336 |
auditor of the county where the dog is registered, the officer | 337 |
shall post a notice in the pound or animal shelter both describing | 338 |
the dog and place where seized and advising the unknown owner | 339 |
that, unless the dog is redeemed within three days, it may | 340 |
thereafter be sold or destroyed according to law. | 341 |
(1) Obtain liability insurance with an insurer authorized to | 413 |
write liability insurance in this state providing coverage in each | 414 |
occurrence because of damage or bodily injury to or death of a | 415 |
person caused by the dangerous dog if so ordered by a court and | 416 |
provide proof of that liability insurance upon request to any law | 417 |
enforcement officer, county dog warden, or public health official | 418 |
charged with enforcing this section; | 419 |
(2) Upon the issuance of a dangerous dog registration | 499 |
certificate to the owner of a dog, the county auditor shall | 500 |
provide the owner with a uniformly designed tag that identifies | 501 |
the animal as a dangerous dog. The owner shall renew the | 502 |
certificate annually for the same fee and in the same manner as | 503 |
the initial certificate was obtained. If a certificate holder | 504 |
relocates to a new county, the certificate holder shall follow the | 505 |
procedure in division (I)(3)(b) of this section and, upon the | 506 |
expiration of the certificate issued in the original county, shall | 507 |
renew the certificate in the new county. | 508 |
(B) If a person who is authorized to enforce this chapter has | 534 |
reasonable cause to believe that a dog in the person's | 535 |
jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the | 536 |
person shall notify the owner, keeper, or harborer of that dog, by | 537 |
certified mail or in person, of both of the following: | 538 |
(C) If the owner, keeper, or harborer of the dog disagrees | 546 |
with the designation of the dog as a nuisance dog, dangerous dog, | 547 |
or vicious dog, as applicable, the owner, keeper, or harborer, not | 548 |
later than ten days after receiving notification of the | 549 |
designation, may request a hearing regarding the determination. | 550 |
The request for a hearing shall be in writing and shall be filed | 551 |
with the municipal court or county court that has territorial | 552 |
jurisdiction over the residence of the dog's owner, keeper, or | 553 |
harborer. At the hearing, the person who designated the dog as a | 554 |
nuisance dog, dangerous dog, or vicious dog has the burden of | 555 |
proving, by clear and convincing evidence, that the dog is a | 556 |
nuisance dog, dangerous dog, or vicious dog. | 557 |
(D) A court, upon motion of an owner, keeper, or harborer or | 562 |
an attorney representing the owner, keeper, or harborer, may order | 563 |
that the dog designated as a nuisance dog, dangerous dog, or | 564 |
vicious dog be held in the possession of the owner, keeper, or | 565 |
harborer until the court makes a final determination under this | 566 |
section or during the pendency of an appeal, as applicable. Until | 567 |
the court makes a final determination and during the pendency of | 568 |
any appeal, the dog shall be confined or restrained in accordance | 569 |
with the provisions of division (D) of section 955.22 of the | 570 |
Revised Code that apply to dangerous dogs regardless of whether | 571 |
the dog has been designated as a vicious dog or a nuisance dog | 572 |
rather than a dangerous dog. The owner, keeper, or harborer of the | 573 |
dog shall not be required to comply with any other requirements | 574 |
established in the Revised Code that concern a nuisance dog, | 575 |
dangerous dog, or vicious dog, as applicable, until the court | 576 |
makes a final determination and during the pendency of any appeal. | 577 |
(F) If a dog is finally determined under this section, or on | 584 |
appeal as described in this section, to be a vicious dog, division | 585 |
(D) of section 955.11 and divisions (D) to (I) of section 955.22 | 586 |
of the Revised Code apply with respect to the dog and the owner, | 587 |
keeper, or harborer of the dog as if the dog were a dangerous dog, | 588 |
and section 955.54 of the Revised Code applies with respect to the | 589 |
dog as if it were a dangerous dog, and the court shall issue an | 590 |
order that specifies that those provisions apply with respect to | 591 |
the dog and the owner, keeper, or harborer in that manner. As part | 592 |
of the order, the court shall require the owner, keeper, or | 593 |
harborer to obtain the liability insurance required under division | 594 |
(E)(1) of section 955.22 of the Revised Code in an amount | 595 |
described in division (H)(2) of section 955.99 of the Revised Code | 596 |
the court shall order the dog to be humanely destroyed by a | 597 |
licensed veterinarian, the county dog warden, or the county humane | 598 |
society at the owner's expense. | 599 |
(B) If, after investigating an alleged violation of this | 624 |
chapter under division (A) of this section, an authorized person | 625 |
does not cite a person for or charge a person with a violation, | 626 |
the authorized person shall notify, in accordance with division | 627 |
(C) of this section, the owner, keeper, or harborer of the dog | 628 |
that there has been a complaint regarding the dog and that the | 629 |
authorized person investigated a possible violation. The notice | 630 |
shall specify all of the following: | 631 |
(C) The authorized person shall post the notice on the door | 638 |
of the dwelling at which the dog resides within twenty-four hours | 639 |
of the authorized person's investigation. The owner, keeper, or | 640 |
harborer of the dog shall respond within forty-eight hours to the | 641 |
authorized person via e-mail, facsimile, telephone, or social | 642 |
media correspondence, indicating that the owner, keeper, or | 643 |
harborer has received the notice. If the owner, keeper, or | 644 |
harborer of the dog responds within a reasonable time after the | 645 |
forty-eight hour period, the person is not subject to division | 646 |
(D)(1) of this section, provided that the response is accompanied | 647 |
with a reasonable explanation of why the forty-eight-hour response | 648 |
deadline was not met. | 649 |
(E)(1) Whoever violates section 955.21 of the Revised Code, | 677 |
violates division (B) of section 955.22 of the Revised Code, or | 678 |
commits a violation of division (C) of section 955.22 of the | 679 |
Revised Code that involves a dog that is not a nuisance dog, | 680 |
dangerous dog, or vicious dog shall be fined not less than | 681 |
twenty-five dollars or more than one hundred dollars on a first | 682 |
offense, and on each subsequent offense shall be fined not less | 683 |
than seventy-five dollars or more than two hundred fifty dollars | 684 |
and may be imprisoned for not more than thirty days. | 685 |
(2) In addition to the penalties prescribed in division | 686 |
(E)(1) of this section, if the offender is guilty of a violation | 687 |
of division (B) of section 955.22 of the Revised Code or a | 688 |
violation of division (C) of section 955.22 of the Revised Code | 689 |
that involves a dog that is not a nuisance dog, dangerous dog, or | 690 |
vicious dog, the court may order the offender to personally | 691 |
supervise the dog that the offender owns, keeps, or harbors, to | 692 |
cause that dog to complete dog obedience training, or to do both. | 693 |
(F)(1) Whoever commits a violation of division (C) of section | 694 |
955.22 of the Revised Code that involves a nuisance dog is guilty | 695 |
of a minor misdemeanor on the first offense and of a misdemeanor | 696 |
of the fourth degree on each subsequent offense involving the same | 697 |
dog. Upon a person being convicted of or pleading guilty to a | 698 |
third violation of division (C) of section 955.22 of the Revised | 699 |
Code involving the same dog, the court shall require the offender | 700 |
to register the involved dog as a dangerous dog. | 701 |
(2) In addition to the penalties prescribed in division | 702 |
(F)(1) of this section, if a violation of division (C) of section | 703 |
955.22 of the Revised Code involves a nuisance dog, the court may | 704 |
order the offender to personally supervise the nuisance dog that | 705 |
the offender owns, keeps, or harbors, to cause that dog to | 706 |
complete dog obedience training, or to do both. | 707 |
(G) Whoever commits a violation of division (C) of section | 708 |
955.22 of the Revised Code that involves a dangerous dog or a | 709 |
violation of division (D) of that section is guilty of a | 710 |
misdemeanor of the fourth degree on a first offense and of a | 711 |
misdemeanor of the third degree on each subsequent offense. | 712 |
Additionally, the court may order the offender to personally | 713 |
supervise the dangerous dog that the offender owns, keeps, or | 714 |
harbors, to cause that dog to complete dog obedience training, or | 715 |
to do both, and the court may order the offender to obtain | 716 |
liability insurance pursuant to division (E) of section 955.22 of | 717 |
the Revised Code. The court, in the alternative, may order the | 718 |
dangerous dog to be humanely destroyed by a licensed veterinarian, | 719 |
the county dog warden, or the county humane society at the owner's | 720 |
expense. With respect to a violation of division (C) of section | 721 |
955.22 of the Revised Code that involves a dangerous dog, until | 722 |
the court makes a final determination and during the pendency of | 723 |
any appeal of a violation of that division and at the discretion | 724 |
of the dog warden, the dog shall be confined or restrained in | 725 |
accordance with division (D) of section 955.22 of the Revised Code | 726 |
or at the county dog pound at the owner's expense. | 727 |
(a) A felony of the fourthfifth degree if the dog kills or | 731 |
causes serious injury to a person on a first offense. | 732 |
Additionally, if the dog kills a person, the court shall order | 733 |
that the vicious dog be humanely destroyed by a licensed | 734 |
veterinarian, the county dog warden, or the county humane society | 735 |
at the owner's expense.
If the dog causes serious injury to a | 736 |
person, the court may order that the dog be humanely destroyed in | 737 |
such a manner. | 738 |
(b) A felony of the fourth degree if the dog kills or causes | 739 |
serious injury to a person and the person in violation has | 740 |
previously been sentenced under division (H)(1)(a) or (c) of this | 741 |
section. Additionally, if the dog kills a person, the court shall | 742 |
order that the dog be humanely destroyed by a licensed | 743 |
veterinarian, the county dog warden, or the county humane society | 744 |
at the owner's expense. If the dog causes serious injury to a | 745 |
person, the court may order that the dog be humanely destroyed in | 746 |
such a manner. | 747 |
(c) A misdemeanor of the first degree if the dog causes | 748 |
serious injury, other than killing or serious injury, to a person | 749 |
or causes injury, serious injury, or death or a companion animal | 750 |
on a first offense. Additionally, if the dog causes injury to a | 751 |
person or injury or serious injury to a companion animal, the | 752 |
court may order that the
vicious dog to be humanely destroyed by | 753 |
a licensed veterinarian, the county dog warden, or the county | 754 |
humane society at the owner's expense.
If the dog kills a | 755 |
companion animal, the court shall order that the dog be humanely | 756 |
destroyed in such a manner. | 757 |
(d) A felony of the fifth degree if the dog causes injury, | 758 |
serious injury, or death to a companion animal and the person in | 759 |
violation has previously been sentenced under division (H)(1)(a) | 760 |
or (c) of this section. Additionally, if the dog causes injury to | 761 |
a person or injury or serious injury to a companion animal, the | 762 |
court may order that the dog be humanely destroyed by a licensed | 763 |
veterinarian, the county dog warden, or the county humane society | 764 |
at the owner's expense. If the dog kills a companion animal, the | 765 |
court shall order that the dog be humanely destroyed in such a | 766 |
manner. | 767 |
(2) If the court does not order the vicious dog to be | 768 |
destroyed under division (H)(1)(b) of this section, the court | 769 |
shall issue an order that specifies that division (D) of section | 770 |
955.11 and divisions (D) to (I) of section 955.22 of the Revised | 771 |
Code apply with respect to the dog and the owner, keeper, or | 772 |
harborer of the dog as if the dog were a dangerous dog and that | 773 |
section 955.54 of the Revised Code applies with respect to the dog | 774 |
as if it were a dangerous dog. As part of the order, the court | 775 |
shall order the offender to obtain the liability insurance | 776 |
required under division (E)(1) of section 955.22 of the Revised | 777 |
Code in an amount, exclusive of interest and costs, that equals or | 778 |
exceeds one hundred thousand dollars. Until the court makes a | 779 |
final determination and during the pendency of any appeal of a | 780 |
violation of division (C) of section 955.22 of the Revised Code | 781 |
and at the discretion of the dog warden, the dog shall be confined | 782 |
or restrained in accordance with the provisions described in | 783 |
division (D) of section 955.22 of the Revised Code or at the | 784 |
county dog pound at the owner's expense. | 785 |
(K) Whoever violates division (C) of section 955.221 of the | 790 |
Revised Code is guilty of a minor misdemeanor. Each day of | 791 |
continued violation constitutes a separate offense. Fines levied | 792 |
and collected for violations of that division shall be distributed | 793 |
by the mayor or clerk of the municipal or county court in | 794 |
accordance with section 733.40, division (F) of section 1901.31, | 795 |
or division (C) of section 1907.20 of the Revised Code to the | 796 |
treasury of the county, township, or municipal corporation whose | 797 |
resolution or ordinance was violated. | 798 |
(L) Whoever violates division (F)(1), (2), or (3) of section | 799 |
955.22 of the Revised Code is guilty of a felony of the fourth | 800 |
degree. Additionally, the court shall order that the dog involved | 801 |
in the violation be humanely destroyed by a licensed veterinarian, | 802 |
the county dog warden, or the county humane society. Until the | 803 |
court makes a final determination and during the pendency of any | 804 |
appeal of a violation of division (F)(1), (2), or (3) of section | 805 |
955.22 of the Revised Code and at the discretion of the dog | 806 |
warden, the dog shall be confined or restrained in accordance with | 807 |
the provisions of division (D) of section 955.22 of the Revised | 808 |
Code or at the county dog pound at the owner's expense. | 809 |
(P)(1) If a dog is confined at the county dog pound pursuant | 816 |
to division (G), (H), or (L) of this section, the county dog | 817 |
warden shall give written notice of the confinement to the owner | 818 |
of the dog. If the county dog warden is unable to give the notice | 819 |
to the owner of the dog, the county dog warden shall post the | 820 |
notice on the door of the residence of the owner of the dog or in | 821 |
another conspicuous place on the premises at which the dog was | 822 |
seized. The notice shall include a statement that a security in | 823 |
the amount of one hundred dollars is due to the county dog warden | 824 |
within ten days to secure payment of all reasonable expenses, | 825 |
including medical care and boarding of the dog for sixty days, | 826 |
expected to be incurred by the county dog pound in caring for the | 827 |
dog pending the determination. The county dog warden may draw from | 828 |
the security any actual costs incurred in caring for the dog. | 829 |
(3) Not more than ten days after the court makes a final | 835 |
determination under division (G), (H), or (L) of this section, the | 836 |
county dog warden shall provide the owner of the dog with the | 837 |
actual cost of the confinement of the dog. If the county dog | 838 |
warden finds that the security provided under division (P)(1) of | 839 |
this section is less than the actual cost of confinement of the | 840 |
dog, the owner shall remit the difference between the security | 841 |
provided and the actual cost to the county dog warden within | 842 |
thirty days after the court's determination. If the county dog | 843 |
warden finds that the security provided under division (P)(1) of | 844 |
this section is greater than that actual cost, the county dog | 845 |
warden shall remit the difference between the security provided | 846 |
and the actual cost to the owner within thirty days after the | 847 |
court's determination. | 848 |