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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 350 |
REPRESENTATIVES OLMAN-PERRY-ALLEN-OPFER-EVANS-VESPER-
PATTON-FORD-BRITTON-VERICH-WILLAMOWSKI-GOODMAN-
DePIERO-JERSE-MYERS-CALLENDER-CALVERT-DAMSCHRODER-
METTLER-TIBERI-FLANNERY-REDFERN-HARRIS-STEVENS-
HARTNETT-HEALY-HOOPS-KRUPINSKI-GERBERRY-BOYD-
J. BEATTY-METELSKY-SULZER-KREBS-ROBINSON-
FERDERBER-STAPLETON-DISTEL-NETZLEY-BENDER-
JOLIVETTE-TERWILLEGER-BARNES-SMITH-JONES
A BILL
To amend sections 955.22, 955.99, and 959.99 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,
to prohibit
falsely attesting on a written waiver form prior to having a dog
debarked or surgically silenced that the dog is not a vicious dog,
to provide an affirmative defense to the prohibitions created by
the bill for a veterinarian who obtains before a dog is debarked
or surgically silenced a written waiver form attesting that the
dog is not a vicious dog, and to
increase the penalty for a subsequent violation of the dogfighting law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.22, 955.99, and 959.99 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 THAT DOG on a chain-link leash or
tether that
is not more than six feet in length, MUZZLE THAT DOG, 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 ONE HUNDRED thousand dollars
because of damage or bodily injury to or death of a person caused by the
vicious
dog.
(F) NO PERSON SHALL DO ANY OF THE FOLLOWING:
(1) DEBARK OR SURGICALLY SILENCE A DOG THAT THE PERSON KNOWS OR HAS REASON
TO BELIEVE IS 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;
(3) FALSELY ATTEST ON A WAIVER FORM PROVIDED BY THE VETERINARIAN
UNDER DIVISION (K) OF SECTION 955.99 OF THE REVISED
CODE THAT THE
PERSON'S DOG IS NOT A VICIOUS DOG OR OTHERWISE PROVIDE FALSE INFORMATION
ON THAT WRITTEN WAIVER FORM.
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), (2), OR (3) OF
SECTION
955.22 of the Revised Code IS GUILTY OF A FELONY OF THE FOURTH DEGREE.
(K)(1) BEFORE A VETERINARIAN DEBARKS OR SURGICALLY
SILENCES A
DOG, THE VETERINARIAN MAY GIVE THE OWNER OF THE DOG A WRITTEN WAIVER FORM THAT
ATTESTS THAT THE DOG IS NOT A
VICIOUS DOG.THE WRITTEN WAIVER FORM SHALL INCLUDE ALL OF THE
FOLLOWING:
(a) THE VETERINARIAN'S LICENSE NUMBER AND CURRENT BUSINESS
ADDRESS;
(b) A RESTATEMENT OF DIVISION (F) OF SECTION 955.22 OF
THE REVISED
CODE;
(c) THE NUMBER OF THE LICENSE OF THE DOG IF THE DOG IS
LICENSED;
(d) A REASONABLE DESCRIPTION OF THE AGE, COLORING, AND GENDER OF
THE DOG AS WELL AS ANY NOTABLE MARKINGS ON THE DOG;
(e) THE SIGNATURE OF THE OWNER OF THE DOG ATTESTING THAT THE
OWNER'S DOG IS NOT A VICIOUS DOG.
(2) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF A VIOLATION OF
DIVISION (F) OF SECTION 955.22 OF THE REVISED CODE
THAT THE
VETERINARIAN WHO IS CHARGED WITH THE VIOLATION OBTAINED, PRIOR TO
DEBARKING OR SURGICALLY SILENCING THE DOG, A WRITTEN WAIVER FORM THAT
COMPLIES WITH DIVISION (K)(1) OF THIS SECTION AND THAT
ATTESTS THAT THE DOG IS NOT A VICIOUS DOG.
Sec. 959.99. (A) Whoever violates section 959.01, 959.18,
or 959.19 of the Revised Code is guilty of a minor misdemeanor.
(B) Except as otherwise provided in this division,
whoever violates section 959.02 of the Revised Code is guilty of a
misdemeanor of
the second degree. If the value of the animal killed or the
injury done amounts to three hundred dollars or more, whoever
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of the first degree.
(C) Whoever violates section 959.03, 959.06, 959.12,
959.15, or 959.17 of the Revised Code is guilty of a misdemeanor
of the fourth degree.
(D) Whoever violates division (A) of section 959.13 of the
Revised Code is guilty of a misdemeanor of the second degree. In
addition, the court may order the offender to forfeit the animal
or livestock and may provide for its disposition including, but
not limited to, the sale of the animal or livestock. If an
animal or livestock is forfeited and sold pursuant to this
division, the proceeds from the sale first shall be applied to
pay the expenses incurred with regard to the care of the animal
from the time it was taken from the custody of the former owner.
The balance of the proceeds from the sale, if any, shall be paid
to the former owner of the animal.
(E) Whoever violates section 959.14 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense and
a misdemeanor of the first degree on each subsequent offense.
(F) Whoever violates section 959.05 or 959.20 of the
Revised Code is guilty of a misdemeanor of the first degree.
(G) Whoever violates section 959.16 of the Revised Code is
guilty of a felony of the fourth degree FOR A FIRST OFFENSE AND A FELONY OF
THE THIRD DEGREE ON EACH SUBSEQUENT OFFENSE.
Section 2. That existing sections 955.22, 955.99, and 959.99 of the
Revised Code are hereby repealed.
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