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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 350 |
REPRESENTATIVES OLMAN-PERRY-ALLEN-OPFER-EVANS-VESPER-
PATTON-FORD-BRITTON-VERICH
A BILL
To amend sections 955.22, 955.99, and 2923.11 of the Revised Code to prohibit
debarking or surgically silencing a vicious dog, to prohibit the possession of
a debarked or surgically silenced vicious dog, and to stipulate that a vicious
dog that has been debarked or surgically silenced is a deadly weapon.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.22, 955.99, and 2923.11 of the Revised Code be
amended to read as follows:
Sec. 955.22. (A) As used in this section, "dangerous dog"
and "vicious dog" have the same meanings as in section 955.11 of
the Revised Code.
(B) No owner, keeper, or harborer of any female dog shall
permit it to go beyond the premises of the owner, keeper, or
harborer at any time the dog is in heat, unless the dog is
properly in leash.
(C) No owner, keeper, or harborer of any dog shall fail at
any time to keep it either physically confined or restrained upon
the premises of the owner, keeper, or harborer by a leash,
tether, adequate fence, supervision, or secure enclosure to
prevent escape, or under reasonable control of some person,
except when the dog is lawfully engaged in hunting accompanied by
the owner, keeper, or harborer or a handler.
(D) No owner, keeper, or harborer of a dangerous or
vicious dog shall fail to do either of the following, except when
the dog is lawfully engaged in hunting or training for the
purpose of hunting, accompanied by the owner, keeper, OR
harborer,
or a handler:
(1) While that dog is on the premises of the owner,
keeper, or harborer, securely confine it at all times in a locked
pen which THAT has a top, locked fenced yard, or other locked
enclosure which THAT has a top, except that a dangerous dog may,
in
the alternative, be tied with a leash or tether so that the dog
is adequately restrained;
(2) While that dog is off the premises of the owner,
keeper, or harborer, keep it on a chain-link leash or tether that
is not more than six feet in length and additionally do at least
one of the following:
(a) Keep that dog in a locked pen which THAT has a top, locked
fenced yard, or other locked enclosure which THAT has a top;
(b) Have the leash or tether controlled by a person who is
of suitable age and discretion or securely attach, tie, or affix
the leash or tether to the ground or a stationary object or
fixture so that the dog is adequately restrained and station such
a person in close enough proximity to that dog so as to prevent
it from causing injury to any person;
(c) Muzzle that dog.
(E) No owner, keeper, or harborer of a vicious dog shall
fail to obtain liability insurance with an insurer authorized to
write liability insurance in this state providing coverage in
each occurrence, subject to a limit, exclusive of interest and
costs, of not less than fifty thousand dollars because of damage
or bodily injury to or death of a person caused by the vicious
dog.
(F) NO PERSON SHALL DO EITHER OF THE FOLLOWING:
(1) DEBARK OR SURGICALLY SILENCE A VICIOUS DOG;
(2) POSSESS A VICIOUS DOG IF THE PERSON KNOWS OR HAS REASON TO BELIEVE
THAT THE DOG HAS BEEN DEBARKED OR SURGICALLY SILENCED.
Sec. 955.99. (A)(1) Whoever violates division (E) of
section 955.11 of the Revised Code because of a failure to comply
with division (B) of that section is guilty of a minor
misdemeanor.
(2) Whoever violates division (E) of section 955.11 of the
Revised Code because of a failure to comply with division (C) or
(D) of that section is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(B) Whoever violates section 955.10, 955.23, 955.24, or
955.25 of the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 955.261, 955.39, or 955.50 of
the Revised Code is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(D) Whoever violates division (F) of section 955.16 or
division (B) of section 955.43 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(E)(1) Whoever violates section 955.21 or division (B) or
(C) of section 955.22 of the Revised Code shall be fined not less
than twenty-five dollars or more than one hundred dollars on a
first offense, and on each subsequent offense shall be fined not
less than seventy-five dollars or more than two hundred fifty
dollars and may be imprisoned for not more than thirty days.
(2) In addition to the penalties prescribed in division
(E)(1) of this section, if the offender is guilty of a violation
of division (B) or (C) of section 955.22 of the Revised Code, the
court may order the offender to personally supervise the dog that
he THE OFFENDER owns, keeps, or harbors, to cause that dog to
complete dog obedience training, or to do both.
(F) If a violation of division (D) of section 955.22 of
the Revised Code involves a dangerous dog, whoever violates that
division is guilty of a misdemeanor of the fourth degree on a
first offense and of a misdemeanor of the third degree on each
subsequent offense. Additionally, the court may order the
offender to personally supervise the dangerous dog that he THE
OFFENDER owns, keeps, or harbors, to cause that dog to complete dog
obedience training, or to do both, and the court may order the offender to
obtain liability insurance pursuant to division (E) of section
955.22 of the Revised Code. The court, in the alternative, may
order the dangerous dog to be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane
society.
(G) If a violation of division (D) of section 955.22 of
the Revised Code involves a vicious dog, whoever violates that
division is guilty of one of the following:
(1) A felony of the fourth degree on a first or subsequent
offense if the dog kills or seriously injures a person.
Additionally, the court shall order that the vicious dog be
humanely destroyed by a licensed veterinarian, the county dog
warden, or the county humane society.
(2) A misdemeanor of the first degree on a first offense
and a felony of the fourth degree on each subsequent offense.
Additionally, the court may order the vicious dog to be humanely
destroyed by a licensed veterinarian, the county dog warden, or
the county humane society.
(3) A misdemeanor of the first degree if the dog causes
injury, other than killing or serious injury, to any person.
(H) Whoever violates division (A)(2) of section 955.01 or
division (E) of section 955.22 of the Revised Code is guilty of a
misdemeanor of the first degree.
(I) Whoever violates division (C) of section 955.221 of
the Revised Code is guilty of a minor misdemeanor. Each day of
continued violation of division (C) of section 955.221 of the
Revised Code constitutes a separate offense. Fines levied and
collected for violations of THAT division (C) of section 955.221 of
the Revised Code shall be distributed by the mayor or clerk of
the municipal or county court in accordance with section 733.40,
division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code to the treasury of the county,
township, or municipal corporation whose resolution or ordinance
was violated.
(J) WHOEVER VIOLATES DIVISION (F)(1) OR (2) OF SECTION
955.22 of the Revised Code IS GUILTY OF A FELONY OF THE FOURTH DEGREE.
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of
the Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted
for use as a weapon, or possessed, carried, or used as a weapon OR A
VICIOUS DOG AS DEFINED IN SECTION 955.11 of the Revised Code THAT HAS BEEN DEBARKED OR
SURGICALLY SILENCED.
(B)(1) "Firearm" means any deadly weapon capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but
that can readily be rendered operable.
(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may
rely upon circumstantial evidence, including, but not limited to,
the representations and actions of the individual exercising
control over the firearm.
(C) "Handgun" means any firearm designed to be fired while
being held in one hand.
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a
single function of the trigger. "Automatic firearm" also means
any semi-automatic firearm designed or specially adapted to fire
more than thirty-one cartridges without reloading, other than a
firearm chambering only .22 caliber short, long, or long-rifle
cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including, without limitation, a starter's
pistol, that is not designed as a firearm, but that is
specially adapted
for use as a firearm;
(3) Any industrial tool, signalling device, or safety
device, that is not designed as a firearm, but that
as designed is
capable of use as such, when possessed, carried, or used as a
firearm.
(H) "Explosive device" means any device designed or
specially adapted to cause physical harm to persons or property
by means of an explosion, and consisting of an explosive
substance or agency and a means to detonate it. "Explosive
device" includes, without limitation, any bomb, any explosive
demolition device, any blasting cap or detonator containing an
explosive charge, and any pressure vessel that has been
knowingly tampered with or arranged so as to explode.
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons
or property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable
blade that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following,
except as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or
ballistic knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives;
amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a
dangerous ordnance.
(L) "Dangerous ordnance" does not include any of the
following:
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age,
that employs a percussion cap or other obsolete ignition
system, or that is designed and safe for use only with
black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable
for sporting purposes, including a military weapon as issued or
as modified, and the ammunition for that weapon, unless the
firearm is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless
of its actual age, is of a type in accepted use prior to 1887,
has no mechanical, hydraulic, pneumatic, or other system for
absorbing recoil and returning the tube into battery without
displacing the carriage, and is designed and safe for use only
with black powder;
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and
cannot readily be rendered operable or activated, and that is
kept as a trophy, souvenir, curio, or museum piece.;
(6) Any device that is expressly excepted from the
definition of a destructive device pursuant to the "Gun Control
Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and
regulations issued under that act.
(M) "Explosive" means any chemical compound,
mixture, or device,
the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been classified as
class A, class B, or class C explosives by the
United States department of transportation in its regulations
and includes, but is not limited to, dynamite, black powder, pellet powders,
initiating explosives, blasting caps, electric blasting caps, safety fuses,
fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and
igniter
cords and igniters. "Explosive" does not include "fireworks," as defined in
section 3743.01 of the Revised Code, or any explosive that is not subject to
regulation under the rules of the fire marshal adopted pursuant to section
3737.82 of the Revised Code.
Section 2. That existing sections 955.22, 955.99, and 2923.11 of the Revised
Code are hereby repealed.
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