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H. B. No. 366 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsor:
Representative Schindel
A BILL
To amend sections 955.11 and 955.221 of the Revised
Code to remove pit bulls from the definition of
"vicious dog" in state law and to authorize the
adoption of local ordinances or resolutions that
define "dangerous dog" and "vicious dog" more
broadly than state law defines those terms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.11 and 955.221 of the Revised
Code be amended
to read as follows:
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without
provocation,
and subject to division (A)(1)(b) of this section,
has chased or
approached in either a menacing fashion or an
apparent attitude of
attack, or has attempted to bite or
otherwise endanger any person,
while that dog is off the premises
of its owner, keeper, or
harborer and not under the reasonable
control of its owner,
keeper, harborer, or some other responsible
person, or not
physically restrained or confined in a locked pen
which that has a
top, locked fenced yard, or other locked enclosure
which that has
a top.
(b) "Dangerous dog" does not include a police dog that has
chased or approached in either a menacing fashion or an apparent
attitude of attack, or has attempted to bite or otherwise
endanger
any person while the police dog is being used to assist
one or
more law enforcement officers in the performance of their
official
duties.
(2) "Menacing fashion" means that a dog would cause any
person being chased or approached to reasonably believe that the
dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and
may
be used, to assist one or more law enforcement officers in
the
performance of their official duties.
(4)(a) "Vicious dog" means a dog that, without provocation
and subject to division (A)(4)(b) of this section, meets any
either of
the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious
injury,
to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit
bull
dog. The ownership, keeping, or harboring of such a breed
of dog
shall be prima-facie evidence of the ownership, keeping,
or
harboring of a vicious dog.
(b) "Vicious dog" does not include either of the
following:
(i) A police dog that has killed or caused serious injury
to
any person or that has caused injury, other than killing or
serious injury, to any person while the police dog is being used
to assist one or more law enforcement officers in the performance
of their official duties;
(ii) A dog that has killed or caused serious injury to any
person while a person was committing or attempting to commit a
trespass or other criminal offense on the property of the owner,
keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased,
tormented, or abused by a person, or that the dog was not coming
to the aid or the defense of a person who was not engaged in
illegal or criminal activity and who was not using the dog as a
means of carrying out such activity.
(B) Upon the transfer of ownership of any dog, the seller
of
the dog shall give the buyer a transfer of ownership
certificate
that shall be signed by the seller. The certificate
shall contain
the registration number of the dog, the name of the
seller, and a
brief description of the dog. Blank forms of the
certificate may
be obtained from the county auditor. A transfer
of ownership shall
be recorded by the auditor upon presentation
of a transfer of
ownership certificate that is signed by the
former owner of a dog
and that is accompanied by a fee of
twenty-five cents.
(C) Prior to the transfer of ownership or possession of
any
dog, upon the buyer's or other transferee's request, the
seller or
other transferor of the dog shall give to the person a
written
notice relative to the behavior and propensities of the
dog.
(D) Within ten days after the transfer of ownership or
possession of any dog, if the seller or other transferor of the
dog has knowledge that the dog is a dangerous or vicious dog, he
the
seller or other transferor shall give to the buyer or other
transferee,
the board of health
for the district in which the
buyer or other transferee resides,
and the dog warden of the
county in which the buyer or other
transferee resides, a completed
copy of a written form on which
the seller shall furnish the
following information:
(1) The name and address of the buyer or other transferee
of
the dog;
(2) The age, sex, color, breed, and current registration
number of the dog.
In addition, the seller shall answer the following
questions,
which shall be specifically stated on the form as
follows:
"Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
"Has the dog ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If
yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides
shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to
comply with the applicable requirements of divisions (B) to (D)
of
this section.
Sec. 955.221. (A) For the purposes of this section,
ordinances or resolutions to control dogs include, but are not
limited to, ordinances or resolutions concerned with the
ownership, keeping, or harboring of dogs, the restraint of dogs,
dogs as public nuisances, and dogs as a threat to public health,
safety, and welfare, except that such ordinances or resolutions
as
permitted in division (B) of this section shall not prohibit
the
use of any dog which that is lawfully engaged in hunting or
training for the purpose of hunting while accompanied by a
licensed hunter. However, such dogs at all other times and in
all
other respects shall be subject to the ordinance or
resolution
permitted by this section, unless actually in the
field and
engaged in hunting or in legitimate training for such that
purpose. Ordinances or resolutions to control dogs that are
adopted pursuant to this section may define "dangerous dog" or
"vicious dog" more broadly than those terms are defined in section
955.11 of the Revised Code, and such expanded definitions shall
not be considered to be in conflict with the Revised Code.
(B)(1) A board of county commissioners may adopt and
enforce
resolutions to control dogs within the unincorporated
areas of the
county that are not otherwise in conflict with any
other provision
of the Revised Code.
(2) A board of township trustees may adopt and enforce
resolutions to control dogs within the township that are not
otherwise in conflict with any other provision of the Revised
Code, if the township is located in a county where the board of
county commissioners has not adopted resolutions to control dogs
within the unincorporated areas of the county under this section.
In the event that the board of county commissioners adopts
resolutions to control dogs in the county after a board of
township trustees has adopted resolutions to control dogs within
the township, the resolutions adopted by the county board of
county
commissioners prevail over the resolutions adopted by the
board
of township trustees.
(3) A municipal corporation may adopt and enforce
ordinances
to control dogs within the municipal corporation that
are not
otherwise in conflict with any other provision of the
Revised
Code.
(C) No person shall violate any resolution or ordinance
adopted under this section.
Section 2. That existing sections 955.11 and 955.221 of the
Revised Code are hereby repealed.
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