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Sub. H. B. No. 71 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Setzer, Brown, Hagan, J., Seitz, Wagoner, Wolpert, Aslanides, Distel
A BILL
To amend sections 955.28 and 959.16, to enact new
section
959.132 and section 959.161, and to
repeal section
959.132 of the
Revised Code to
provide for the
seizure,
impoundment, and
disposition of roosters
involved
in cockfighting
and dogs involved in
dogfighting; to revise
requirements and
procedures
governing the
seizure, impoundment,
and
disposition of
companion animals that are the
subject of abuse
or neglect; and to clarify that the authority
conferred upon a person to kill an attacking dog
does not include the authority to kill a police
dog.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.28 and 959.16 be amended and
new section
959.132 and section 959.161 of the Revised Code be
enacted to read
as follows:
Sec. 955.28. (A) Subject to divisions (A)(2) and (3) of
section 955.261 of the Revised Code, a dog that is chasing or
approaching in a menacing fashion or apparent attitude of attack,
that attempts to bite or otherwise endanger, or that kills or
injures a person or a dog that chases, injures, or kills
livestock, poultry, other domestic animal, or other animal, that
is the property of another person, except a cat or another dog
other than a police dog as defined in section 2921.321 of the
Revised Code,
can be killed at the time of that chasing,
approaching, attempt,
killing, or injury. If, in attempting to
kill such a dog, a
person wounds it, he the person is not liable
to prosecution
under the penal
laws which that punish cruelty to
animals.
(B) The owner, keeper, or harborer of a dog is liable in
damages for any injury, death, or loss to person or property that
is caused by the dog, unless the injury, death, or loss was
caused
to the person or property of an individual who, at the
time, was
committing or attempting to commit a trespass or other
criminal
offense on the property of the owner, keeper, or
harborer, or was
committing or attempting to commit a criminal
offense against any
person, or was teasing, tormenting, or
abusing the dog on the
owner's, keeper's, or harborer's property.
Sec. 959.132. (A) As used in this section:
(1) "Companion animal" has the same meaning as in section
959.131 of the Revised Code.
(2) "Impounding agency" means a county humane society
organized under section 1717.05 of the Revised Code, an animal
shelter, or a law enforcement agency that has impounded a
companion animal
in accordance with this section.
(3) "Offense" means a violation of section 959.131 of the
Revised Code or an attempt, in violation of section 2923.02 of the
Revised Code, to violate section 959.131 of the Revised Code.
(4) "Officer" means any law enforcement officer, agent of a
county humane society, or other person appointed to act as an
animal control officer for a municipal corporation, or township in
accordance with state law, an ordinance, or a resolution.
(B)
An officer may seize and cause to be impounded at an
impounding agency a companion animal that the officer has
reasonable cause
to believe is the subject of an offense. No
officer or impounding agency shall impound a companion animal that
is the subject of an offense in a
shelter owned, operated, or
controlled by a board of county
commissioners pursuant to Chapter
955. of the Revised Code unless
the board, by resolution,
authorizes the impoundment of such a companion
animal in a
shelter owned, operated, or controlled by that board
and has
executed, in the case when the officer is other than a dog
warden
or assistant dog warden, a contract specifying the terms
and
conditions of the impoundment.
(C) The officer shall give written notice of the seizure and
impoundment by posting the notice on the door of the residence or
in another conspicuous place on the premises at which a companion
animal
was seized or by giving it in person to the owner, keeper,
or
harborer of the companion animal. The notice shall include
information
concerning the opportunity to post a bond or cash
deposit under
division (E) of this section not later than ten
days after the
notice is provided in order to prevent disposition
of the companion animal
by the impounding agency and the
opportunity to request a hearing under division (F) of this
section not later than ten days after the notice is provided.
(D) A companion animal that is seized under this section may
be
humanely destroyed immediately or at any time during
impoundment
if a licensed veterinarian determines it to be
necessary because
the companion animal is suffering.
(E) The owner
of an impounded companion animal may post, not
later than ten days after
the notice of seizure and impoundment
is provided, a bond or cash
deposit with the court in an amount
that the court, in
consultation with the impounding agency,
determines is sufficient
to provide for the companion animal's
care and keeping for not less than
thirty days beginning on the
date on which the companion animal was
impounded. The owner may
renew a bond or cash deposit by posting,
not later than ten days
following the expiration of the period for
which a previous bond
or cash deposit was posted, a new bond or
cash deposit in an
amount that the court, in consultation with the
impounding
agency, determines is sufficient to provide for the companion
animal's care and keeping for not less than thirty days beginning
on the date on which the previous period expired. If no bond or
cash deposit is posted or if a bond or
cash deposit expires and
is not renewed, the impounding agency may
determine the
disposition of the companion animal unless the court issues an
order that specifies otherwise.
(F)(1) The owner of a companion animal that has been seized
and
impounded pursuant to this section may file, not later than
ten
days after the notice of seizure and impoundment is provided,
a
motion requesting a hearing with the clerk of the court in
which
charges are pending that were filed under section 959.131
of the Revised Code or under section 2923.02 of the Revised Code
as it applies to that section and that involve the impounded
companion
animal. Upon receipt of such a request, the court shall
hold a
hearing within ten days or at the next available court
date to
determine whether probable cause exists to believe that a
violation of the applicable section occurred.
(2) If the court determines that probable cause does not
exist, the court immediately shall order the impounding agency to
return the companion animal to its owner if possible and to return
the
entire amount of any bond or cash deposit posted under
division
(E) of this section. If the companion animal cannot be
returned, the court
shall order the impounding agency to pay the
owner an amount
determined by the court to be equal to the
reasonable market value
of the companion animal at the time that
it was impounded plus statutory
interest as defined in section
1343.03 of the Revised Code from
the date of the impoundment. The
requirements established in
division (F)(2) of this section
regarding the return of a bond or
cash deposit and the payment of
the reasonable market value of the companion
animal shall not
apply in the case of a dog that, in violation of
section 955.01
of the Revised Code, was not registered at the time
it was seized
and impounded.
(3) If the court determines that probable cause exists to
believe
that a violation occurred, the case shall continue and,
unless the companion animal's owner has posted a current bond or
cash deposit, the impounding agency may arrange for
the
disposition of the companion animal.
(G) If a person is convicted of committing an offense, the
court may impose the
following additional penalties against the
person:
(1) A requirement that the person pay for the costs incurred
by the impounding agency in caring for a companion animal involved
in the
applicable offense, provided that the costs were incurred
during
the companion animal's impoundment and have not been
covered by a bond or
cash deposit posted under this section;
(2) An order permanently terminating the person's right to
possession, title, custody, or care of the companion animal that
was
involved in the offense. If the court issues such an order,
the
court shall order the disposition of the companion animal.
(H) If a person is found not guilty of committing an offense,
the court
immediately shall order the impounding agency to return
the companion animal
to its owner if possible and to return the
entire amount of any
bond or cash deposit posted under division
(E) of this section. If
the companion animal cannot be returned,
the court shall order the
impounding agency to pay the owner an
amount determined by the
court to be equal to the reasonable
market value of the companion animal at
the time that it was
impounded plus statutory interest as defined
in section 1343.03
of the Revised Code from the date of the
impoundment. The
requirements established in this division
regarding the return of
a bond or cash deposit and the payment of
the reasonable market
value of the companion animal shall not apply in the
case of a
dog that, in violation of section 955.01 of the Revised
Code, was
not registered at the time it was seized and impounded.
Sec. 959.16. (A) No person shall knowingly do any of the
following:
(1) Promote, engage in, or be employed at dogfighting;
(2) Receive money or anything else of value for the admission
of another person to a dogfighting event or a
place kept for
dogfighting;
(3) Sell, purchase, possess, or train a dog for
dogfighting;
(4) Use, train, or possess a dog for seizing, detaining, or
maltreating a domestic animal;
(5) Purchase a ticket of Pay money or give anything else of
value in exchange for admission to or be present at a
dogfight;
(6) Witness a dogfight if it is presented as a public
spectacle.
(B) The department of agriculture may investigate
complaints
and follow up rumors of dogfighting activities and may
report any
information so gathered to an appropriate prosecutor
or law
enforcement agency.
(C) Any peace officer, as defined in section 2935.01 of
the
Revised Code, shall confiscate any dogs that have been, are,
or
are intended to be used in dogfighting and any equipment or
devices used in training such dogs that have been, are, or are
intended to be used in dogfighting and any equipment or devices
used as part of dogfights. The seizure and impoundment of such
dogs shall be conducted in accordance with section 959.161 of the
Revised Code.
Sec. 959.161. (A) As used in this section:
(1) "Fighting animal" means either of the following:
(a) A rooster that a peace officer has reasonable cause to
believe has been, is, or is intended to be used in cockfighting in
violation of section 959.15 of the Revised Code;
(b) A dog that a peace officer has reasonable cause to
believe has been, is, or is intended to be used in dogfighting in
violation of section 959.16 of the Revised Code.
(2) "Impounding entity" means the entity that has possession
of an impounded fighting animal during its impoundment.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.15 of the
Revised Code involving cockfighting, a violation of section 959.16
of the Revised Code, or an attempt, in violation of section
2923.02 of the Revised Code, to violate either of those
provisions.
(B) A peace officer may seize and cause to be impounded with
an impounding entity a fighting animal that the peace officer has
reasonable cause to believe is involved in a violation.
(C) A fighting animal that is seized under this section may
be humanely destroyed under either of the following circumstances:
(1) During its seizure if it is necessary because the
fighting animal is suffering;
(2) At any time during its impoundment if a licensed
veterinarian determines it to be necessary because the fighting
animal is suffering.
(D) Procedures, requirements, and other provisions that are
established in divisions (C), (E), (F), (G), and (H) of section
959.132 of the Revised Code shall apply to the seizure,
impoundment, and disposition of a fighting animal. For purposes of
that application, references in those divisions of section 959.132
of the Revised Code to "companion animal," "impounding agency,"
"officer," and "offense" shall be deemed to be replaced,
respectively, with references to "fighting animal," "impounding
entity," "peace officer," and "violation" as defined in this
section. Likewise, references in those divisions of section
959.132 of the Revised Code to "section 959.131 of the Revised
Code" shall be deemed to be replaced with references to the
cockfighting provisions of section 959.15 of the Revised Code or
to section 959.16 of the Revised Code, as applicable.
Section 2. That existing sections 955.28 and 959.16 and
section 959.132
of the Revised Code are hereby repealed.
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