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H. B. No. 281 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Schlichter
Cosponsors:
Representatives Gibbs, McGregor, J., Brown, Wagoner, Combs, Webster, Stebelton, Collier, Aslanides
A BILL
To amend sections 955.12, 955.14, 955.27, 955.29,
955.32, 955.34, 955.35, 955.37, and 955.38; to
amend, for the purpose of adopting a new section
number as indicated in parentheses, section 955.34
(955.351); and to repeal sections 955.31 and
955.33 of the Revised Code to provide for the
uniform determination of the fair market value of
certain animals killed by a dog.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.12, 955.14, 955.27, 955.29,
955.32, 955.34, 955.35, 955.37, and 955.38 be amended and section
955.34 (955.351) of the Revised Code be amended for the purpose of
adopting a new section number as indicated in parentheses to read
as follows:
Sec. 955.12. The board of county commissioners shall
appoint
or employ a county dog warden and deputies in such
number, for
such periods of time, and at such compensation as the
board
considers necessary to enforce sections 955.01 to 955.27,
955.29
to 955.38, and 955.50 of the Revised Code.
The warden and deputies shall give bond in a sum not less
than five hundred dollars and not more than two thousand dollars,
as set by the board, conditioned for the faithful performance of
their duties. The bond or bonds may, in the discretion of the
board, be individual or blanket bonds. The bonds shall be filed
with the county auditor of their respective counties. The
The warden
and deputies shall make a record of all dogs
owned, kept, and
harbored in their respective counties. They shall
patrol their
respective counties and seize and impound on sight
all dogs found
running at large and all dogs more than three
months of age found
not wearing a valid registration tag, except
any dog that wears a
valid registration tag and is: on the
premises of its owner,
keeper, or harborer, under the reasonable
control of its owner or
some other person, hunting with its owner
or its handler at a
field trial, kept constantly confined in a
registered dog kennel,
or acquired by, and confined on the
premises of, an institution
or organization of the type described
in section 955.16 of the
Revised Code. A dog that wears a valid
registration tag may be
seized on the premises of its owner,
keeper, or harborer and
impounded only in the event of a natural
disaster. If
If a dog
warden has reason to believe that a dog is being
treated
inhumanely on the premises of its owner, keeper, or
harborer, the
warden shall apply to the court of common pleas for
the county in
which the premises are located for an order to enter
the
premises, and if necessary, seize the dog. If the court finds
probable cause to believe that the dog is being treated
inhumanely, it shall issue such an order. The
The warden and
deputies shall also investigate all claims for
damages to
animals, fowl, or poultry reported to them under
section 955.29
of the Revised Code and assist claimants to fill
out the claim
form therefor. They shall make weekly reports, in
writing, to
the board in their respective counties of all dogs
seized,
impounded, redeemed, and destroyed and of all claims for
damage
to animals, fowl, or poultry inflicted by dogs. The
The wardens and
deputies shall have the same police powers as
are conferred upon
sheriffs and police officers in the performance
of their duties
as prescribed by sections 955.01 to 955.27, 955.29
to 955.38, and
955.50 of the Revised Code. They shall also have
power to summon
the assistance of bystanders in performing their
duties and may
serve writs and other legal processes issued by any
court in
their respective counties with reference to enforcing
such those
sections. County auditors may deputize the wardens or
deputies
to issue dog licenses as provided in sections 955.01 and
955.14
of the Revised Code. Whenever
Whenever any person files an affidavit in a
court of
competent jurisdiction that there is a dog running at
large that
is not kept constantly confined either in a registered
dog kennel
or on the premises of an institution or organization
of the type
described in section 955.16 of the Revised Code or
that a dog is
kept or harbored in his the warden's jurisdiction
without being
registered as required by law, the court shall immediately order
the warden to seize and impound the animal dog. Thereupon the
warden
shall immediately seize and impound the dog complained of.
The
warden shall give immediate notice by certified mail to the
owner, keeper, or harborer of the dog seized and impounded by
him
the warden, if the owner, keeper, or harborer can be
determined
from the
current year's registration list maintained by the warden
and the
county auditor of the county where the dog is registered,
that
the dog has been impounded and that, unless the dog is
redeemed
within fourteen days of the date of the notice, it may
thereafter
be sold or destroyed according to law. If the owner,
keeper, or
harborer cannot be determined from the current year's
registration list maintained by the warden and the county auditor
of the county where the dog is registered, the officer shall post
a notice in the pound or animal shelter both describing the dog
and place where seized and advising the unknown owner that,
unless
the dog is redeemed within three days, it may thereafter
be sold
or destroyed according to law.
As used in this section, "animal" has the same meaning as in
section 955.51 of the Revised Code.
Sec. 955.14. (A) Notwithstanding section 955.01 of the
Revised
Code, a board of county
commissioners by resolution may
increase dog and kennel
registration fees in the county. The
amount of the fees shall
not exceed an amount that the board, in
its discretion,
estimates is needed to pay all expenses for the
administration
of this chapter and to pay claims allowed for
animals, fowl, or
poultry injured or destroyed by dogs. Such a
resolution shall
be adopted not earlier than the first day of
February and not later than the
thirty-first day of August of any
year and shall apply to the
registration period
commencing
on the
first day of December of
the current year and ending on the
thirty-first day of
January of the following year,
unless the
period is extended under section 955.01 of the
Revised
Code. Any
increase in fees
adopted under this division shall be in the ratio
of two dollars
for a dog registration fee and ten dollars for a
kennel
registration fee.
(B) Not later than the
fifteenth day of October of
each
year,
the board of county commissioners shall determine if
there
is
sufficient money in the dog and kennel fund, after
paying the
expenses of administration incurred or estimated to
be incurred
for the remainder of the year, to pay the claims
allowed for
animals, fowl, or poultry injured or destroyed by
dogs. If the
board determines there is not sufficient money in
the dog and
kennel fund to pay the claims allowed, the board
shall provide by
resolution that all claims remaining unpaid
shall be paid from the
general fund of the county. All money
paid out of the general
fund
for those purposes may be
replaced
by the board from the dog
and
kennel fund at any time during the
following year
notwithstanding
section 5705.14 of the Revised
Code.
(C) Notwithstanding section 955.20 of the Revised Code, if
dog and kennel registration fees in any county are increased
above
two and ten dollars, respectively, under authority of
division (A)
of this section, then on or before the first
day of
March
following each year in which the increased fees are in
effect, the
county auditor shall draw on the dog and kennel fund
a warrant
payable to the college of veterinary medicine of the
Ohio state
university in an amount equal to ten cents for each
dog and kennel
registration fee received during the preceding
year. The money
received by the college of veterinary medicine
of the Ohio state
university under this division shall be applied
for research and
study of the diseases of dogs, particularly
those transmittable to
humans, and for research of other
diseases of
dogs that by their
nature will provide results applicable to the
prevention and
treatment of both human and canine illness.
(D) The Ohio state university college of veterinary
medicine
shall be responsible to report annually to the general
assembly
the progress of the research and study authorized and
funded by
division (C) of this section. The report shall briefly
describe
the research projects undertaken and assess the value of
each.
The
report shall account for funds received pursuant to
division
(C)
of this section and for the funds expended
attributable to
each
research project and for other necessary
expenses in
conjunction
with the research authorized by division
(C) of this
section. The
report shall be filed with the general
assembly by
the first day
of May of each year.
(E) The county auditor may authorize agents to receive
applications for registration of dogs and kennels and to issue
certificates of registration and tags. If authorized agents are
employed in a county, each applicant for a dog or kennel
registration shall pay to the agent an administrative fee of
seventy-five cents in addition to the registration fee. The
administrative fee shall be the compensation of the agent. The
county auditor shall establish rules for reporting and accounting
by the agents. No administrative or similar fee shall be
charged
in any county except as authorized by this division or division
(F) of this section.
(F) For any county that accepts the payment of dog and
kennel
registration fees by financial transaction devices in
accordance
with section
955.013 of the Revised Code, in addition
to those
registration fees, the county auditor shall
collect for
each
registration paid by a financial transaction device one of
the
following:
(1) An administrative fee of seventy-five cents or another
amount
necessary to cover actual costs designated by the county
auditor;
(2) If the board of county
commissioners adopts a surcharge
or convenience fee for making payments by a
financial transaction
device under division (E) of section 301.28
of the Revised Code,
that surcharge or convenience fee;
(3) If the county auditor contracts with a third party to
provide services
to enable registration via the internet as
provided
insection
in section 955.013 of the Revised Code, a
surcharge
of
or
convenience fee as agreed to between that third
party and the
county for those internet registration services. Any
additional
expenses
incurred by the county auditor that result
from a
contract with a third party
as provided in this section and
section 955.013 of the Revised Code and that are not covered
by a
surcharge or convenience fee shall be paid out of the allowance
provided
to the county auditor under section 955.20 of the Revised
Code.
(G) The county auditor shall post conspicuously the amount
of
the
administrative fee, surcharge, or convenience fee that is
permissible under
this section on the web page where the auditor
accepts payments for
registrations made under division (B)(1) of
section 955.013 of the Revised Code, if. If
any person chooses to
pay
by financial transaction device, the administrative
fee,
surcharge, or convenience fee shall be considered voluntary and is
not
refundable.
(H) As used in this section, "animal" has the same meaning as
in section 955.51 of the Revised Code.
Sec. 955.27. After paying all necessary expenses of
administering the sections of the Revised Code relating to the
registration, seizing, impounding, and destroying of dogs,
including the purchase, construction, and repair of vehicles and
facilities necessary for the proper administration of such
sections, making compensation for injuries to livestock inflicted
by dogs, and after paying all horse, sheep, cattle, swine, mule
and goat animal claims, the board of county commissioners, at the
December session, if there remains more than two thousand dollars
in the dog and kennel fund for such that year in a county in which
there is a society for the prevention of cruelty to children and
animals, incorporated and organized by law, and having one or
more
agents appointed pursuant to law, or any other society
organized
under Chapter 1717. of the Revised Code, that owns or
controls a
suitable dog kennel or a place for the keeping and
destroying of
dogs which that has one or more agents appointed and
employed
pursuant to law, may pay to the treasurer of such the
society,
upon warrant of the county auditor, all such excess as
the board
deems necessary for the uses and purposes of such the
society.
As used in this section, "animal" has the same meaning as in
section 955.51 of the Revised Code.
Sec. 955.29. Any owner of horses, sheep, cattle, swine,
mules, goats, domestic rabbits, or domestic fowl or poultry an
animal that
have an aggregate the owner believes has a fair market
value of ten dollars or more and
that have has been injured or
killed by a dog not belonging to the
owner or harbored on his the
owner's premises, in order to be
eligible to
receive compensation
from the dog and kennel fund, shall notify a
member of the board
of county commissioners or dog warden within
three days after the
loss or injury has been discovered. A
commissioner who is notified
shall immediately notify the dog
warden of the loss or injury. The
warden shall investigate or
have the loss or injury investigated
promptly, and the person
making the investigation shall provide
the owner with duplicate
copies of the claim form authorized by
section 955.36 of the
Revised Code and assist him the owner in
filling it out. The
The
owner shall
set forth the kind, grade, quality, and fair
market value of the
animals, fowl, or poultry, animal, as
estimated by the owner, the nature and amount of the loss or
injury, the place where the loss or injury occurred, and all
other
facts in the possession of the claimant that will enable
the
warden to fix responsibility for the loss or injury. If the
animals, fowl, or poultry die as a result of their injuries,
their
fair market value shall be the market value of uninjured
animals,
fowl, or poultry on the date of the death of the injured
animals,
fowl, or poultry. If the animals, fowl, or poultry do
not die as a
result of their injuries, their fair market value
shall be their
market value on the date on which they received
their injuries.
Any fetus that is aborted by an animal because
of stress inflicted
by a dog and that does not, on that account,
survive shall be
considered to have been killed by the dog,
regardless of the stage
of pregnancy at which the abortion
occurs. In the case of any such
alleged cause of death, the
warden may, as part of his
investigation, request
the chief of
the division of animal
industry to have a state veterinarian
certify the cause of death.
The chief shall promptly comply, and
the veterinarian shall send
the certification to the warden. The
owner shall also sign a
statement that the information set forth
is a true account of the
loss or injury and that, on the date the
loss or injury occurred,
the claimant did not own or harbor an
unregistered dog required to
be registered under section 955.01
of the Revised Code. No
claimant who owned or harbored an
unregistered dog on that date
may recover from the dog and kennel
fund.
If the warden finds all the statements that the owner made
on
the form to be correct and agrees with the owner as to the
fair
market value of the animals, fowl, or poultry, he animal, the
warden shall
promptly so certify and send both copies of the form,
together
with whatever other documents, testimony, or information
he the
warden has
received relating to the loss or injury, to the
board of county
commissioners.
If the warden does not find all the statements to be
correct
or does not agree with the owner as to the fair market
value, the
owner may appeal to the board of township trustees county
commissioners for
a determination as provided in section 955.30 to
955.34 955.35 of the
Revised Code. In that case the owner shall
secure statements as
to the nature and amount of the loss or
injury from at least two
witnesses who viewed the results of the
killing or injury and who
can testify thereto and submit both
copies of the form to the
board of township trustees county
commissioners or a member thereof not later than
twenty days after
the loss or injury was discovered. The warden
shall submit to the
board of township trustees county commissioners whatever
documents, testimony, or other information he the warden has
received
relating to the loss or injury.
As used in this section and sections 955.32 to 955.38 of the
Revised Code:
(A) "Animal" and "grade animal" have the same meanings as in
section 955.51 of the Revised Code.
(B) "Fair market value" means the average price that is paid
for a healthy grade animal at a livestock auction licensed under
Chapter 943. of the Revised Code and selected by the applicable
board of county commissioners.
Sec. 955.32. If the animals, fowl, or poultry animal that
has been killed or injured as described in section 955.29 of
the
Revised Code are is registered in any accepted association of
registry, the
owner, or his the owner's employee or tenant, shall
submit with
the claim form the
registration papers showing the
animal's lines of breeding, age, and other matters. If
the animals
are animal is the offspring of registered stock and is eligible
for
registration, the registration papers showing the breeding of
the offspring
shall be submitted.
Sec. 955.35. The board of county commissioners, at the
next
regular meeting after claims in accordance with sections section
955.29 to 955.34 of the Revised Code have been submitted, shall
examine the same and may hear additional testimony or receive
additional affidavits in regard thereto and may allow the amount
previously certified by the dog warden or allowed by the board of
township trustees, or a part thereof, or any amount in addition
thereto, as it may find to be just, but in no event shall the
amount allowed exceed the lesser of five hundred dollars per
animal or the uninsured amount of the loss or injury. The board
shall make the final determination of the fair market value of an
animal that is the subject of a claim.
If the animal that is the subject of a claim dies as a result
of the injuries that it received from a dog, the amount of
indemnity is the fair market value of the animal on the date of
its death subject to the limit established in this section. If the
animal that is the subject of a claim does not die as a result of
the injuries that it received from a dog, the amount of indemnity
is the fair market value of the animal on the date on which it
received its injuries subject to the limit established in this
section. If the animal that is the subject of a claim is
registered or eligible for registration as described in section
955.32 of the Revised Code, the amount of indemnity is one hundred
twenty-five per cent of the fair market value of the animal on the
date on which the animal was killed or injured subject to the
limit established in this section. If the date of death or injury
of an animal cannot be determined, the amount of indemnity shall
be based on the fair market value of the animal on the date on
which the death or injury was discovered by its owner. A fetus
that is aborted by an animal because
of stress inflicted by a dog
and that does not, on that account,
survive shall be considered to
have been killed by the dog
regardless of the stage of pregnancy
at which the abortion
occurs. In the case of any such alleged
cause of death, the
warden, as part of the warden's investigation,
may request
the chief of
the division of animal industry in the
department of agriculture to have a state veterinarian
certify the
cause of death. The chief shall promptly comply, and
the
veterinarian shall send the certification to the board of county
commissioners.
The claims
shall be paid out of the dog and kennel fund or
out of the
general fund of the county, as provided in
section
955.14 of the Revised Code. Such claims as are allowed
in whole or
in part shall be paid by voucher issued by the county
auditor five
days after the approval of the board of county
commissioners has
been entered. If the claim is to be paid out
of the dog and kennel
fund and the funds therein are insufficient
to pay the claims,
they shall be paid in the order allowed at the
close of the next
calendar month in which sufficient funds are
available in the
fund.
Sec. 955.34 955.351. Witnesses not exceeding four in number,
who give testimony in
the hearing provided for in under section
955.33 955.35 of the Revised Code at a meeting of the board of
county commissioners, shall be
allowed six dollars each and
mileage at the rate of ten cents per mile, going
and returning, in
each case. The board of township trustees shall administer
an oath
or affirmation to each claimant or witness.
If the animals, fowl, or poultry animal that have has been
killed or injured are is in the
care of an employee or tenant of
the owner thereof, the affidavit provided for
in section 955.29 of
the Revised Code may be made by such that employee or tenant,
whose testimony may be received in regard to all relative matters
to which
said the owner would be competent to testify.
Sec. 955.37. An owner of animals, fowl, or poultry an animal
that has been killed or injured by a dog
may, if the fair market
value is ten dollars or more, appeal from a final
allowance made
by the board of county commissioners, within thirty days after
the
allowance. The appeal shall be made to the probate court by
filing, as
party plaintiff, a petition with the court setting out
the facts in the case
as contended by the owner. Proceedings shall
be as provided by law in civil
cases, and the board shall be made
party defendant.
Sec. 955.38. The probate court shall hear the appeals
provided for in section
955.37 of the Revised Code as in equity
and shall determine the fair market
value of the animals, fowl, or
poultry animal that has been killed or injured. Not more than
three
witnesses shall be called by each party. The amount found by
the court shall
not exceed the lesser of five hundred dollars per
animal or the uninsured
amount of the loss or injury. The amount
found shall be final, and the judge
shall certify it to the board
of county commissioners. Like proceedings shall
be had as to
payment thereof, as if the amount had been found by the board in
the first instance.
If an increased allowance is made by the court, the costs
shall be paid
equally by the parties; if no increase is made, the
plaintiff shall pay all
the costs.
Section 2. That existing sections 955.12, 955.14, 955.27,
955.29, 955.32, 955.34, 955.35, 955.37, and 955.38 and sections
955.31 and 955.33 of the Revised Code are hereby repealed.
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