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H. B. No. 124 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Hagan, Weddington
Cosponsors:
Representatives Harris, Ujvagi, Yuko, Combs, Heard, Skindell, Patten, Letson, Winburn, Williams, B., DeGeeter, Foley, Chandler, Celeste, Slesnick, Brown, Bacon
A BILL
To amend sections 955.02, 955.10, 955.12, 955.20,
955.26, and 1901.183 and to enact sections 956.01,
956.011, 956.02 to 956.08, 956.081, 956.09
to
956.20, 956.98, and 956.99 of the Revised Code
to
establish licensing requirements and standards
of
care for certain dog breeding kennels, dog
intermediaries, and animal rescues for dogs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.02, 955.10, 955.12, 955.20,
955.26, and 1901.183 be amended and sections 956.01, 956.011,
956.02,
956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.081,
956.09, 956.10,
956.11, 956.12, 956.13, 956.14, 956.15, 956.16,
956.17, 956.18,
956.19, 956.20, 956.98, and 956.99 of the Revised
Code be enacted to read
as follows:
Sec. 955.02. A As used in this chapter, "dog kennel" or
"kennel owner is a person, partnership, firm, company, or
corporation professionally engaged in the business " means an
establishment that keeps, houses, and
maintains adult dogs, as
defined in section 956.01
of the Revised Code, for the purpose of
breeding the dogs for
hunting or for a fee or other consideration
received through a
sale, exchange, or lease and that is not a
regulated dog
breeding kennel licensed under Chapter 956. of the
Revised Code.
Sec. 955.10. No owner of a dog, except a dog constantly
confined to a
registered dog kennel registered under this chapter
or a regulated dog breeding kennel licensed under Chapter 956. of
the Revised Code, shall fail to require the dog to wear, at all
times, a
valid tag issued in connection with a certificate of
registration. A dog's
failure dog found not wearing at any time to
wear a valid tag
shall be prima-facie evidence of lack
of
registration and shall
subject any dog found not wearing such a
tag to
impounding, sale,
or destruction.
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 to 955.53 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 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 registered under this chapter or a regulated
dog breeding kennel licensed under Chapter 956. of the Revised
Code,
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 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 warden and
deputies shall also investigate all claims for
damages to
animals 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
inflicted by dogs.
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 to 955.53 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
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 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
registered under this chapter or a regulated dog breeding kennel
licensed under Chapter 956. of the Revised Code
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 the warden's jurisdiction
without being
registered as
required by law, the court shall immediately order
the warden to
seize and impound the 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
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. 955.20. The registration fees provided for in
sections
955.01 to 955.14 of the Revised Code and money transferred to the
county under section 956.07 of the Revised Code constitute a
special fund
known as
"the dog and kennel fund."
The fees shall
be
deposited
by the county auditor in the county treasury daily as
collected
and. Money in the fund shall be used for the purpose of
defraying the
cost of
furnishing all blanks, records, tags, nets,
and other equipment,
for the purpose of paying the compensation of
county dog wardens,
deputies, poundkeepers, and other employees
necessary to carry
out
and enforce sections 955.01 to 955.261 of
the Revised Code,
and
for the payment of animal claims as provided
in sections
955.29 to
955.38 of the Revised Code, and in
accordance with
section 955.27
of the Revised Code. The board of
county
commissioners, by
resolution, shall appropriate sufficient
funds
out of the dog and
kennel fund, not more than fifteen per
cent of
which shall be
expended by the auditor for registration
tags,
blanks, records,
and clerk hire, for the purpose of
defraying the
necessary
expenses of registering, seizing,
impounding, and
destroying dogs
in accordance with sections 955.01
to 955.27 of
the Revised Code,
and for the purpose of covering any
additional
expenses incurred
by the county auditor as authorized
by division
(F)(3) of section
955.14 of the Revised Code.
If the funds so appropriated in any calendar year are found
by the board to be insufficient to defray the necessary cost and
expense of the county dog warden in enforcing sections
955.01 to
955.27 of the Revised Code, the
board, by resolution so provided,
after setting aside a sum equal
to the total amount of animal
claims
paid or
filed in that calendar year,
or an amount equal to
the
total amount of
animal claims paid or
allowed the preceding
year,
whichever amount
is larger, may
appropriate further funds
for the
use and purpose
of the county
dog warden in administering
those
sections.
Money received by a county under section 956.07 of the
Revised Code is subject to audit by the auditor of state.
Sec. 955.26. Whenever, in the judgment of the director of
health, any city or general health district board of health, or
persons performing the duties of a board of health, rabies is
prevalent, the director of health, the board, or those persons
shall declare a quarantine of all dogs in the health district or
in a part of it. During the quarantine, the owner, keeper, or
harborer of any dog shall keep it confined on the premises of the
owner, keeper, or harborer, or in a suitable pound or, kennel, or
other suitable place, at
the expense of the owner, keeper, or
harborer, except that a dog
may be permitted to leave the premises
of its owner, keeper, or
harborer if it is under leash or under
the control of a
responsible person. The quarantine order shall be
considered an
emergency and need not be published.
When the quarantine has been declared, the director of
health, the board, or those persons may require vaccination for
rabies of all dogs within the health district or part of it.
Proof
of rabies vaccination within a satisfactory period shall be
demonstrated to the county auditor before any registration is
issued under section 955.01 of the Revised Code for any dog that
is required to be vaccinated.
The public health council shall determine appropriate
methods
of rabies vaccination and satisfactory periods for
purposes of
quarantines under this section.
When a quarantine of dogs has been declared in any health
district or part of a health district, the county dog warden and
all other persons having the authority of police officers shall
assist the health authorities in enforcing the quarantine order.
When rabies vaccination has been declared compulsory in any
health
district or part of a health district, the dog warden
shall assist
the health authorities in enforcing the vaccination
order.
Notwithstanding the provisions of this section, a city or
general health district board of health may make orders pursuant
to sections 3709.20 and 3709.21 of the Revised Code requiring the
vaccination of dogs.
Sec. 956.01. As used in this chapter:
(A) "Adult dog" means a dog that is twelve months of age or
older.
(B) "Animal rescue for dogs" means an individual or
organization recognized by the director of the kennel control
authority that
keeps, houses, and
maintains dogs and that is
dedicated to the
welfare, health,
safety, and protection of
dogs,
provided that the
individual or
organization does not
operate for profit, does
not sell dogs for a profit, does not
breed dogs, and does not purchase more than nine dogs in any given
calendar year unless the dogs are purchased from a dog warden
appointed under Chapter 955. of the Revised Code, a humane society
established under Chapter 1717. of the Revised Code, or another
animal rescue for dogs.
"Animal rescue for
dogs" includes an
individual
or organization
that offers dogs
for
adoption and
charges
reasonable adoption fees
approved by
the
director of
the authority
under this
chapter to
cover the
costs of the
individual or
organization,
including, but
not
limited to,
costs related to
spaying or
neutering dogs.
(C) "Animal shelter for dogs" means a facility that keeps,
houses, and maintains dogs and that is operated by a humane
society established under Chapter 1717. of the Revised Code,
animal welfare society, society for the prevention of cruelty to
animals, or other nonprofit organization that is devoted to the
welfare, protection, and humane treatment of dogs and other
animals.
(D) "Boarding kennel" means an establishment operating for
profit that keeps, houses, and maintains dogs solely for the
purpose of providing shelter, care, and feeding of the dogs in
return for a fee or other consideration.
(E) "Breeding dog" means an
unneutered, unspayed dog
that is
primarily harbored or housed on
property that is the
dog's
primary residence.
(F) "Regulated dog breeding kennel" means an establishment
that keeps, houses, and maintains adult breeding dogs that produce
either at least nine litters of puppies or at least forty puppies
in any given calendar year and, in return for a fee or other
consideration, sells, exchanges, or leases adult dogs or puppies.
(G) "Regulated dog intermediary" means a person who buys,
sells,
offers to sell, donates, gives, or exchanges
more
than
nine dogs annually in this state or who sells or gives
one or
more dogs to a pet store annually. "Regulated dog
intermediary"
does
not include an animal rescue for dogs, an
animal shelter
for dogs,
a humane society established under
Chapter 1717. of
the Revised
Code, a medical kennel for dogs, a
research kennel
for dogs, or a
veterinarian.
(H) "Enclosure, crate, or cage" does not include an
enclosure, crate, or cage that is used during the transportation
of a dog or used for medical purposes.
(I) "Environmental division of the Franklin county municipal
court" means the environmental division of the Franklin county
municipal court created in section 1901.011 of the Revised
Code.
(J) "Medical kennel for dogs" means a facility that is
maintained by a veterinarian and operated primarily for the
treatment of sick or injured dogs.
(K) "Pet store" means a retail store that sells dogs to the
public.
(L) "Puppy" means a dog that is under twelve months of age.
(M) "Research kennel for dogs" means a facility housing dogs
that is maintained exclusively for research purposes.
(N) "Veterinarian" means a veterinarian licensed under
Chapter 4741. of the Revised Code.
Sec. 956.011. Medical kennels for dogs, research kennels for
dogs, and
veterinarians are not required to obtain a license
under this
chapter or comply with any other requirements of this
chapter and
rules adopted under it.
Sec. 956.02. There is hereby created the kennel control
authority for the
purpose of
administering this chapter and
rules
adopted under it
by the director of the authority and
ensuring the welfare and humane
treatment
of
dogs and their
offspring in accordance with this
chapter and
rules adopted
under it. The kennel control authority board
created in section
956.18 of the Revised Code shall designate a
suitable
individual
as director of the authority, who shall serve
at the board's
pleasure.
The director may contract with any political
subdivision
of
the state to assist the director and the director's
authorized
representatives in
administering and enforcing this chapter and
the rules adopted
under it.
Sec. 956.03. The director of the kennel control authority
shall adopt
rules
in accordance with Chapter 119. of the Revised
Code
establishing
all of the following:
(A) Requirements and procedures governing regulated dog
breeding kennels, including the licensing and inspection of and
record keeping by regulated dog breeding kennels, in addition to
the requirements and procedures established in this chapter. The
rules shall require that a regulated dog breeding kennel be
assigned a license number and that a regulated dog breeding kennel
provide the license number and the applicable vendor number
assigned by the department of taxation whenever it solicits
business or it is solicited for business. In addition, the rules
shall require any other person to provide such a vendor number
when soliciting to sell an adult dog or a puppy or when solicited
for such a sale.
(B) Requirements and procedures for conducting background
investigations of each applicant for a license issued under
section 956.04 of the Revised Code in order to determine if the
applicant has been convicted of or pleaded guilty to any of the
violations specified in division (H) of that section. The rules
shall provide that background investigations shall be conducted
solely by the attorney general on behalf of the kennel control
authority. The
rules shall establish procedures for annually
updating background
investigation information regarding an
applicant after an initial
background investigation has been
conducted with respect to an
initial application for a license
submitted under that section.
(C) Requirements and procedures governing regulated dog
intermediaries, including the licensing of and record keeping by
regulated dog intermediaries, in addition to the requirements and
procedures established in this chapter. The rules shall require
that a regulated dog intermediary be assigned a license number and
that a regulated dog intermediary provide the license number and
the applicable vendor number assigned by the department of
taxation whenever it solicits business or it is solicited for
business.
(D) Requirements and procedures governing animal rescues for
dogs, including the licensing and inspection of and record keeping
by animal rescues for dogs, in addition to the requirements and
procedures established in this chapter;
(E) The form of applications for licenses issued under this
chapter and the information that is required to be submitted in
the applications. The rules shall require an animal rescue for
dogs to provide in an application for a license the name and
address of each foster home that it utilizes.
(F) A requirement that each regulated dog breeding kennel
submit to the director, with an application for a regulated dog
breeding kennel license, evidence of insurance or, in the
alternative, evidence of a surety bond payable to the authority
to ensure compliance with this chapter and rules
adopted under
it. The face value of the
insurance coverage or bond shall be in
the following amounts:
(1) Five thousand dollars for regulated dog breeding kennels
keeping, housing, and maintaining not more than twenty-five adult
dogs;
(2) Ten thousand dollars for regulated dog breeding kennels
keeping, housing, and maintaining at least twenty-six adult dogs,
but not more than fifty adult dogs;
(3) Fifty thousand dollars for regulated dog breeding kennels
keeping, housing, and maintaining more than fifty adult dogs.
The rules shall require that the insurance be payable to the
state or that the surety bond be subject to redemption by the
state, as applicable, upon a suspension or revocation of a
regulated dog breeding kennel license for the purpose of paying
for the maintenance and care of dogs that are seized or otherwise
impounded from the regulated dog breeding kennel in accordance
with this chapter.
(G) Procedures for inspections conducted under section 956.10
of the Revised Code in addition to the procedures established in
that section, and procedures for making records of the
inspections;
(H) Requirements and procedures that are necessary to
implement and enforce the requirements pertaining to pet stores
that are established in section 956.19 of the Revised Code;
(I)(1) A requirement that an in-state retailer or direct
seller of a puppy
or adult dog provide to the purchaser the
complete name, address,
and telephone number of all regulated dog
breeding kennels,
regulated dog intermediaries, and private
owners that kept,
housed, or maintained the puppy or adult dog
prior to its coming
into the possession of the retailer or direct
seller, or proof
that the puppy or adult dog was acquired through
an animal rescue
for dogs, animal shelter for dogs, or humane
society established
under Chapter 1717. of the Revised Code, or a
valid health
certificate from the state of origin pertaining to
the puppy or adult
dog;
(2) A requirement that an out-of-state retailer or direct
seller of a puppy or adult dog that is conducting business in this
state provide to the purchaser a valid health certificate from the
state of origin
pertaining to the puppy or adult dog and the
complete name,
address, and telephone number of all dog breeding
kennels,
sellers, and private owners that kept, housed, or
maintained the
puppy or adult dog prior to its coming into the
possession of the
retailer or direct seller or proof that the
puppy or adult dog was
acquired through an animal rescue for
dogs, animal shelter for
dogs, or humane society in this state or
another state.
(J) A requirement that a person who advertises the sale of a
puppy or adult dog include with the advertisement the person's
vendor number assigned by the tax commissioner if the sale of the
puppy or dog is subject to the tax levied under Chapter 5739. of
the Revised Code;
(K) Requirements and procedures governing the registration of
litters under section 956.20 of the Revised Code;
(L) A requirement that a licensed regulated dog breeding
kennel and a licensed regulated dog intermediary comply with
Chapter 5739. of the Revised Code. The rules shall authorize the
director to suspend or revoke a license for failure to comply with
that chapter. The director shall work in conjunction with the tax
commissioner for the purposes of this division.
(M) Any other requirements and procedures that are determined
by the commission to be necessary for the administration and
enforcement of this chapter and rules adopted under it.
Sec. 956.04. (A)(1) No person shall operate a regulated dog
breeding kennel in this state without a regulated dog breeding
kennel license issued by the director of the kennel control
authority in
accordance
with this section and rules adopted
under
section
956.03 of the
Revised Code.
(2) The director shall not issue a license under this
section
unless the director determines that the applicant will
operate or
will continue to operate the regulated dog breeding
kennel in
accordance with this chapter and rules adopted under
it.
(B) In determining whether an establishment is a regulated
dog breeding kennel requiring a license under this chapter, the
director shall determine if, in any given year, the
establishment
is a regulated dog breeding kennel as defined in section 956.01 of
the Revised Code. All facilities that are located at an individual
postal address shall be licensed as one regulated dog breeding
kennel. Not more than one license shall be issued under this
section for any given postal address.
(C) A person who is proposing to operate a new regulated dog
breeding kennel, at least ninety days prior to the operation of
the regulated dog breeding kennel, shall submit an application for
a license to the director. The application shall be submitted in
the form and with the information required by rules adopted under
section 956.03 of the Revised Code and shall include with it at
least all of the following:
(1) An affidavit signed under oath or solemn affirmation of
the number of adult dogs that are kept, housed, and maintained by
the applicant at the location that is the subject of the
application;
(2) An estimate of the number of puppies to be kept, housed,
and maintained and of the number of litters of puppies or total
number of puppies to be produced during
the annual term of the
license;
(3) Photographic evidence documenting the facilities where
dogs will be kept, housed, and maintained by the applicant. The
kennel control authority may conduct an inspection of the
facilities that are the subject of an application in addition to
reviewing photographic evidence submitted by an applicant for a
license.
(4) A signed release permitting the performance of a
background investigation regarding the applicant in accordance
with rules adopted under section 956.03 of the Revised Code;
(5) The names and addresses and any other identifying
information required by rules adopted under section 956.03 of the
Revised Code of all persons who will have custody of or control
over dogs kept by the applicant.
(D) During the month of December, but before the first day of
January of the next year, a person who is proposing to continue
the operation of a regulated dog breeding kennel shall obtain a
license for the regulated dog breeding kennel from the director
for the following year. The person shall submit the application to
the director on or before the last day of November of the year
preceding the year for which the license is sought.
(E) The owner or operator of a regulated dog breeding kennel
that is in operation on the effective date of this section shall
submit to the director an application for a regulated dog
breeding
kennel license not later than three months after the
effective date
of this section. The director shall issue or
deny
the application
for a license within ninety days after the
receipt of the
completed application.
(F) A person who has received a license under this section,
upon sale or other disposition of the regulated dog breeding
kennel, may have the license transferred to another person with
the consent of the director, provided that the transferee
otherwise qualifies to be licensed as a regulated dog breeding
kennel under this chapter and rules adopted under it and does not
have a certified unpaid debt to the state.
(G) An applicant for a license issued under this section
shall demonstrate that the regulated dog breeding kennel that is
the subject of the application complies with the standards of care
and other standards established under this chapter.
(H) No person shall be licensed as or operate a regulated dog
breeding kennel
who has been convicted of or pleaded guilty to
violating section
959.01, 959.02, 959.03, 959.13, 959.131,
959.15, or 959.16 of the
Revised Code or an equivalent municipal
ordinance, law of another
state, or law of the federal government
or has been convicted of
or pleaded guilty to violating more than
once section 2919.25 of
the Revised Code or an equivalent
municipal ordinance, law of
another state, or law of the federal
government.
Sec. 956.05. (A)(1) No person shall act as or perform the
functions of a regulated dog intermediary in this state without a
regulated dog intermediary license issued by the director of the
kennel control authority in accordance with this section and rules
adopted
under section 956.03 of the Revised Code.
(2) The director shall not issue a license under this
section
unless the director determines that the applicant will
act as or
perform the functions of a regulated dog intermediary
in
accordance
with this chapter and rules adopted under it.
(B) A person who is proposing to act as or perform the
functions of a regulated dog intermediary shall submit an
application for a license to the director. During the month of
December, but before the first day of January of the next year, a
person who is proposing to continue to act as or perform the
functions of a regulated dog intermediary shall obtain a license
from the director for the following year. The person shall
submit
the application to the director on or before the last
day of
November of the year preceding the year for which the
license is
sought.
(C) A person who is acting as or performing the functions of
a regulated dog intermediary on the effective date of this section
shall submit to the director an application for a regulated dog
intermediary license not later than three months after the
effective
date of this section. The director shall issue or deny
the
application for a license within ninety days after the
receipt of
the completed application.
(D) No person shall be licensed as or act as or perform the
functions of a
regulated dog intermediary who has been convicted
of or pleaded
guilty to violating section 959.01, 959.02, 959.03,
959.13,
959.131, 959.15, or 959.16 of the Revised Code or an
equivalent
municipal ordinance, law of another state, or law of
the federal
government or has been convicted of or pleaded guilty
to violating
more than once section 2919.25 of the Revised Code
or an
equivalent municipal ordinance, law of another state, or
law of
the federal government.
Sec. 956.06. (A) No person shall operate an animal rescue for
dogs without a license to do so issued by the director of the
kennel control authority in accordance with rules adopted under
section 956.03 of the Revised Code. No license application fee
shall be charged to an animal rescue for dogs. The director shall
maintain a database of all
persons that are licensed to operate
an animal rescue for dogs in
this state.
(B) No person shall be licensed as or operate an animal
rescue for dogs who has been convicted of or pleaded guilty to
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15,
or 959.16 of the Revised Code or an equivalent municipal
ordinance, law of another state, or law of the federal government
or has been convicted of or pleaded guilty to violating more than
once section 2919.25 of the Revised Code or an equivalent
municipal ordinance, law of another state, or law of the federal
government.
Sec. 956.07. (A) A person who is applying for a license to
operate a regulated dog breeding kennel or to act as or perform
the functions of a regulated dog intermediary under section 956.04
or 956.05 of the Revised Code, as applicable, shall include with
the application for a license a nonrefundable license application
fee as follows:
(1) For a regulated dog breeding kennel:
(a) One hundred fifty dollars if breeding dogs at the
regulated dog breeding kennel annually produce at least nine, but
not more than fifteen litters or, if fewer than nine litters are
produced, at least forty puppies are produced in a calendar year
at the kennel;
(b) Two hundred fifty dollars if breeding dogs at the
regulated dog breeding kennel annually produce at least sixteen,
but not more than twenty-five litters;
(c) Three hundred fifty dollars if breeding dogs at the
regulated dog breeding kennel annually produce at least
twenty-six, but not more than thirty-five litters;
(d) Five hundred dollars if breeding dogs at the regulated
dog breeding kennel annually produce at least thirty-six, but not
more than forty-five litters;
(e) Seven hundred fifty dollars if breeding dogs at the
regulated dog breeding kennel annually produce forty-six or more
litters.
(2) For a regulated dog intermediary, five hundred dollars.
(B) The owner of a boarding kennel shall register the
boarding kennel with the director of the kennel control authority
by paying an
annual fee of fifty dollars.
(C) Money collected by the director from
application and
registration fees submitted under
this section
shall be
transmitted
by the director to the
treasurer of state
to be
credited to the
regulated dog breeding
kennel control
license
fund created in section 956.17 of the Revised Code.
However,
the
treasurer of state shall
transfer to the
county
in
which a
regulated dog breeding kennel is
or will be
located
fifty
dollars of the application fee received
from the
person who
is
applying for a license to operate the
regulated
dog breeding
kennel or an amount equal to the fee
charged on
January 1, 2009,
by the county for the registration of
a kennel
under section
955.04 of the Revised Code, whichever is
greater.
The county
auditor shall deposit the money in the
county's dog
and kennel
fund created in accordance with section
955.20 of the
Revised
Code.
Sec. 956.08. No person operating a regulated dog breeding
kennel or acting as or performing the functions of a regulated dog
intermediary shall do any
of the following:
(A) Fail to keep or confine a dog in accordance with one of
the following:
(1) In an indoor enclosure with an attached outdoor enclosure
that is accessible to the dog, provided that not more than three
dogs are kept or confined in the indoor or outdoor enclosure at
any one time. For dogs that weigh less than twenty pounds, the
indoor enclosure shall be at least four feet by four feet with an
attached outdoor enclosure of at least four feet by eight feet.
For dogs that weigh at least twenty pounds, but less than
fifty-one pounds, the indoor enclosure shall be at least four feet
by six feet with an attached outdoor enclosure of at least four
feet by twelve feet. For dogs that weigh fifty-one pounds or more,
the indoor enclosure shall be at least four feet by eight feet
with an attached outdoor enclosure of at least four feet by
sixteen feet.
(2) In an indoor enclosure with no attached outdoor
enclosure, but with an exercise period in an outdoor enclosure
that is provided at least two hours each day, provided that not
more than three dogs are kept or confined in the indoor or outdoor
enclosure at any one time. For dogs that weigh less than twenty
pounds, the indoor enclosure shall be at least four feet by four
feet, and outdoor exercise shall take place in an enclosed area
that is at least ten feet by ten feet. For dogs that weigh at
least twenty pounds, but less than fifty-one pounds, the indoor
enclosure shall be at least four feet by six feet, and outdoor
exercise shall take place in an enclosed area that is at least
twenty feet by twenty feet. For dogs that weigh fifty-one pounds
or more, the indoor enclosure shall be at least four feet by eight
feet, and outdoor exercise shall take place in an enclosed area
that is at least forty feet by forty feet.
For purposes of complying with division (A)(2) of this
section, an indoor enclosure may be utilized for exercise when
weather does not permit access to an outdoor enclosure. However,
the indoor exercise enclosure shall comply with the size
requirements that are established in this division for outdoor
enclosures that are used for exercise. In addition, exercise is
not required for a dog that has an illness and for which exercise
would be detrimental to recovering from the illness. In addition,
for purposes of complying with division (A)(2) of this section,
enclosures may be stacked on top of one
another, but there shall
be a nonporous barrier separating the
floor and ceiling of
stacked enclosures.
(B) Keep or confine dogs in an enclosure, crate, or cage that
are incompatible based on observation;
(C) Keep or confine more than three adult dogs in one
enclosure, crate, or cage;
(D) Keep or confine a female dog in heat in the same
enclosure, crate, or cage with a sexually mature male dog except
for the time period that is necessary for breeding the female dog;
(E) Keep or confine a female dog that is nursing in an
enclosure, crate, or cage with another adult dog;
(F) Keep or confine a dog in an enclosure, crate, or cage
without access to either natural or artificial light during
daytime hours;
(G) Keep or confine a dog in an enclosure, crate, or cage
outdoors unless the dog has access at all times to a dry insulated
indoor shelter or dog house with clean straw or
other nontoxic
insulating material in an amount that is sufficient
to permit the
dog to burrow under the straw or material while at
the same time
using the straw or material as bedding;
(H) Keep or confine a dog in an enclosure, crate, or cage if
urine or feces have accumulated beyond an amount that is expected
to accumulate in a normal twenty-four-hour period or, if the dog
is a female dog with a litter, in a normal twelve-hour period;
(I) Keep or confine a dog in an enclosure, crate, or cage
without access to clean unfrozen water at all times unless the dog
is being used for hunting or sledding, in which case access to
clean unfrozen water shall be provided not less than one time per
eight-hour period. Water shall be provided to a dog in an open
bowl or container that is not a drip bottle or limited intake
mechanism.
(J) Keep or confine a dog in an enclosure, crate, or cage
without access to adequate and wholesome food on a daily basis so
as to ensure a proper and healthy weight unless medically
contraindicated;
(K) Keep or confine a dog in an enclosure, crate, or cage
with flooring material that is incapable of being cleaned or
sanitized or that is likely to cause injury to the pads of a dog's
feet;
(L) Keep or confine a dog in an enclosure, crate, or cage
without providing a solid, nonporous surface, free from moisture
or feces, that comprises at least fifty per cent of the floor of
the enclosure, crate, or cage. The solid surface may include soft
bedding. Female dogs with litters and puppies twelve weeks of age
or less shall be housed in an enclosure, crate, or cage with a
solid, nonporous surface, free from moisture or feces, that
comprises one hundred per cent of the floor of the enclosure,
crate, or cage. Nonporous surfaces shall not be made of metal.
(M) Keep or confine a dog in an enclosure, crate, or cage in
unsanitary conditions;
(N) Keep or confine a dog in an enclosure, crate, or cage
that is in contact with or in the immediate vicinity of any animal
with a diagnosed or suspected disease that is contagious to dogs;
(O) Keep or confine a dog in an enclosure, crate, or cage
without adequate ventilation;
(P) Keep or confine a dog in an enclosure, crate, or cage
without providing shelter from the elements;
(Q) Keep or confine a dog in an outdoor run or kennel where
shade is not provided during the months of May through September.
The shade so provided shall provide a reduction of temperature of
at least five degrees from nonshaded areas.
(R) Keep or confine a dog in an indoor enclosure, crate, or
cage where the temperature is below fifty degrees fahrenheit or
over ninety degrees fahrenheit;
(S) Fail to equip a kennel with a smoke alarm and provide a
means of fire suppression such as a sprinkler system or fire
extinguishers in all kennel housing units;
(T) Fail to keep the area around a kennel in good repair,
clean, and free from accumulations of junk, waste products, and
discarded materials to protect dogs from injury and to prevent
infestation by rodents or other pests. Weeds, grasses, bushes, and
trees shall be controlled at the property on which a kennel is
located to allow for effective pest control and to protect the
health and safety of the dogs that are housed at the kennel.
(U) Fail to provide a dog with at least two hours per day of
interaction with other dogs, provided that the dog is not sick and
does not present a risk of illness to other dogs;
(V) Fail to sanitize food and water receptacles at least
every two weeks or more often if necessary to prevent an
accumulation of dirt, debris, food waste, excreta, and other
disease hazards;
(W) Fail to provide a dog with appropriate veterinary care
and treatment for any disease, illness, or injury;
(X) Fail to provide a breeding dog with a clean whelping box
when needed;
(Y) Fail to trim an adult dog's nails so that there is
curling or an impairment of the dog's gait;
(Z) Fail to provide regular care to a dog to prevent
matting
of fur from fecal matter or bodily fluids;
(AA) Fail to provide a dog with appropriate protection from
fleas, ticks, biting insects, and stinging insects or treatment
for worms if the dog is so afflicted;
(BB) Fail to provide an adult dog with appropriate
vaccinations as determined by the dog's veterinarian;
(CC) Fail to provide each puppy that is three months of age
or
older
with appropriate phase-in booster vaccines if
determined
necessary
by the puppy's veterinarian;
(DD) Fail to provide heartworm preventative to a breeding dog
as determined by the dog's veterinarian;
(EE) Fail to ensure that a dog in the person's possession or
control requiring euthanization is euthanized by a veterinarian or
a person under the direct supervision of a veterinarian;
(FF) Fail to ensure that a dog that is being euthanized is
not
left unattended between the commencement of the process and
death;
(GG) Beat or brutalize a dog within the person's custody or
control;
(HH) Fail to provide all dogs in a kennel with a manual
physical inspection at least once each week;
(II) Breed a dog that is less than eighteen months of age or
more than nine years of age or breed a female dog without a
certificate from a licensed veterinarian that the female dog is in
proper health for breeding;
(JJ) Permit a dog to have more than one litter per calendar
year;
(KK) Dock a dog's tail, crop a dog's ear, remove a dog's
claws, or debark a dog. Tail docking, ear cropping, the removal of
a dog's claws, or debarking shall only be conducted by a licensed
veterinarian.
(LL) Fail to prepare and implement a plan for the disposal of
waste that is generated by dogs at the kennel;
(MM) Keep a dog in an enclosure, crate, or cage that includes
exposed metal caging without a protective plastic or rubber
coating.
Divisions (A), (F), (G), (I), (J), (L), and (P) of this
section do not apply during the temporary transportation of a dog
from one location to another location.
Sec. 956.081. (A) On and after the effective date of this
section, no person shall sell a dog at a flea market, market day,
garage sale, conference, or other public place other than at a pet
store that is licensed under this chapter as a regulated dog
intermediary. This division does not prohibit the sale of dogs by
a licensed regulated dog breeding kennel or licensed regulated dog
intermediary at the location that is listed as the address of the
kennel or intermediary on the applicable license application
submitted by or on behalf of the kennel or intermediary.
(B) On and after two hundred seventy days after the effective
date of this section, no person shall sell a dog at an auction or
conduct an auction for the purpose of selling dogs. However, no
out-of-state resident shall sell a dog at an auction conducted in
this state on and after the effective date of this section.
(C) This section does not apply to adoption events that are
held by an animal rescue for dogs or an animal shelter for dogs.
Sec. 956.09. The director of the kennel control authority
shall appoint
kennel
control enforcement inspectors for the
purpose of
enforcing the
requirements and standards established
by this
chapter and rules
adopted under it and to act as
authorized
agents of the authority.
Inspectors shall serve at
the
pleasure
of the director and shall
be employees of the
kennel control
authority.
Inspectors may issue
citations and
orders that are necessary to
enforce this chapter
and rules
adopted under it. The director
shall provide each kennel
control
enforcement inspector with an
identifying badge and an
official
uniform. A kennel
control
enforcement inspector shall have
training in animal
husbandry,
kennel management, record keeping,
and first aid.
Sec. 956.10. (A) At least once biennially, the director of
the kennel control authority or the director's authorized
representative shall
inspect a regulated dog breeding kennel that
is subject to
licensure under this chapter and rules adopted
under section
956.03 of the Revised Code to ensure compliance
with this chapter
and rules adopted under it, including, but not
limited to, the
standards of care established in section 956.08
of the Revised
Code. In addition, upon a complaint, the director
may inspect an animal rescue for dogs to ensure compliance with
this chapter and rules adopted under section 956.03 of the Revised
Code, including, but not limited to, the standards of care
established in section 956.08 of the Revised Code. Inspections
shall be conducted without prior
notification
to
the licensee
or persons associated with the
licensee. In
addition,
upon the
request of a member of the
public, a public
official, an
animal
rescue for dogs, or an
animal shelter for
dogs, the
director or
the director's
authorized representative
shall inspect
any
facility at which a
person is acting as or
performing the
functions of a regulated
dog intermediary to
ensure such
compliance.
The director or the director's authorized representative
shall inspect a boarding kennel when the director or the
director's authorized representative has received information
that
the boarding kennel is breeding dogs and is subject to
licensure
under this chapter and rules adopted under section
956.03 of the
Revised Code.
Inspections shall be conducted in accordance with rules
adopted under section 956.03 of the Revised Code. A record of each
inspection shall be made by the inspector who is responsible for
the inspection in accordance with those rules.
(B) The director or the director's authorized
representative,
upon proper identification and upon stating the
purpose and
necessity of an inspection, may enter at reasonable
times on any
public or private property, real or personal, to
inspect or
investigate and to examine or copy records in order to
determine
compliance with this chapter and rules adopted under
it. The
director, the director's authorized representative,
or
the
attorney general upon the request of the director may
apply
to the
environmental division of the Franklin county
municipal
court for
an appropriate court order or search warrant
as
necessary to
achieve the purposes of this chapter and rules
adopted under it. A
judge of that court may issue such a warrant.
(C) No owner or operator of a regulated dog breeding kennel,
person acting as or performing the functions of a regulated dog
intermediary, owner or operator of an animal rescue for dogs, or
owner or operator of a boarding kennel shall
interfere with an
inspection or refuse to allow
an inspector full
access to all
areas where dogs are kept or cared
for. If entry is
refused or
inspection or investigation is
refused, hindered, or
thwarted by
a regulated dog breeding kennel, regulated dog
intermediary, or
animal rescue for dogs the director may suspend or revoke
the
kennel's,
intermediary's, or rescue's license in accordance with
this
chapter.
(D) If entry that is authorized by division (B) of this
section is refused or if an inspection or investigation is
refused, hindered, or thwarted by intimidation or otherwise and if
the director, an authorized representative of the director, or
the
attorney general applies for and obtains a court order or a
search
warrant under division (B) of this section to conduct the
inspection or investigation, the owner or operator of the premises
where entry was refused or inspection or investigation was
refused, hindered, or thwarted is liable to the director for the
reasonable costs incurred by the director for the regular
salaries
and fringe benefit costs of personnel assigned to
conduct the
inspection or investigation from the time the entry,
inspection,
or investigation was refused, hindered, or thwarted
until the
court order or search warrant is executed; for the
salary, fringe
benefits, and travel expenses of the director,
an
authorized
representative of the director, or the attorney
general incurred
in obtaining the court order or search warrant;
and for expenses
necessarily incurred for the assistance of local
law enforcement
officers in executing the court order or search
warrant. In the
application for a court order or a search
warrant, the director,
the director's authorized
representative,
or the attorney general
may request and the
environmental
division of the Franklin county
municipal court, in
its order
granting the court order or search
warrant, may order
the owner
or operator of the premises to
reimburse the director
for any of
those costs that the court finds
reasonable. From
money
recovered under this division, the director
shall
reimburse the
attorney general for the costs incurred by the
attorney general
in connection with proceedings for obtaining the
court order or
search warrant, shall reimburse the political
subdivision in
which the premises is located for the assistance of
its law
enforcement officers in executing the court order or
search
warrant, and shall deposit the remainder in the state
treasury to
the credit of the regulated dog breeding kennel
control license
fund created in section 956.17 of the Revised
Code.
(E) A dog warden appointed under Chapter 955. of the Revised
Code or an agent of a humane society established under Chapter
1717. of the Revised Code entering on public or private property
to make investigations and inspections in accordance with Chapter
955. or 1717. of the Revised Code, as applicable, shall report any
violations of this chapter and rules adopted under it to the
director or a kennel control enforcement inspector and may
examine
and copy any records that are required to be maintained
under
rules adopted under this chapter.
Sec. 956.11. (A) The director of the kennel control authority
or the
director's authorized representative may impound a dog if
the
director or the director's authorized representative has
probable
cause to believe that the dog is being kept by a
regulated dog
breeding kennel, regulated dog intermediary, or
animal rescue for dogs in a
manner that
materially violates this
chapter or rules adopted
under it and if
the dog's health or
safety appears to be in
imminent danger.
(B) The director or the director's authorized
representative
shall give written notice of the impoundment by
posting a notice
on the door of the premises from which the dog
was taken or by
otherwise posting the notice in a conspicuous
place at the
premises from which the dog was taken. The notice
shall provide a
date for an adjudication hearing, which shall
take place not
later
than five business days after the dog is
taken and at
which the
director shall determine if the dog
should be
permanently
relinquished to the custody of the kennel
control
authority.
(C) The owner or operator of the applicable regulated dog
breeding kennel, the person acting as or performing the
functions
of a regulated dog intermediary, or the owner or operator of the
applicable animal rescue for dogs may appeal the
determination
made at the adjudication hearing in accordance with
section
119.12 of the Revised Code, except that the appeal may
only be
made to the environmental division of the Franklin county
municipal court. If a dog has been impounded and the owner or
operator of the applicable regulated dog breeding kennel, the
person acting as or performing the functions of a regulated dog
intermediary, or the owner or operator of the applicable animal
rescue for dogs appeals the determination made at an adjudication
hearing, that person shall file an appeal bond that is sufficient
to cover the costs of keeping, housing, and maintaining the dog in
a manner and amount to be determined by the environmental division
of the Franklin county municipal court.
(D) The director may enter into contracts or agreements
with
an animal rescue for dogs, an animal shelter for dogs, a
boarding
kennel, a
veterinarian, a dog warden appointed under
Chapter
955.
of the
Revised Code, or a humane society
established under
Chapter 1717.
of the Revised Code for the
purpose of keeping,
housing, and
maintaining dogs that are
impounded under this
section. If, after
the final disposition of
an adjudication
hearing and any appeals
from that adjudication
hearing, it is
determined that a dog shall
be permanently
relinquished to the
custody of the kennel control authority, the
dog may be
adopted
directly from the animal rescue for dogs,
animal shelter
for
dogs, boarding kennel, veterinarian, dog warden, or humane
society where it is being kept, housed, and maintained, provided
that the dog has been spayed or neutered unless there are medical
reasons against spaying or neutering as determined by a
veterinarian. The animal
rescue for dogs, animal shelter for
dogs, boarding kennel,
veterinarian, dog
warden, or humane
society may charge a
reasonable adoption fee.
The fee shall be
at least sufficient to
cover the costs of spaying
or neutering
the dog unless it is
medically contraindicated.
Sec. 956.12. If the director of the kennel control authority
or the
director's authorized representative determines that a
person
has
violated, is violating, or is threatening to violate
this
chapter
or rules adopted under it, the director may issue
and
cause to be
served by certified mail or personal service a
citation of
violation and an order requiring the person to cease
the acts or
practices appearing to the director or the
director's
authorized
representative to constitute a violation
of this
chapter or rules
adopted under it or requiring the
person to take
corrective
actions to eliminate the conditions
appearing to the
director or
the director's authorized
representative to
constitute a
violation
of this chapter and
rules adopted under
it. The order
shall state
specifically the
provision or
provisions of this
chapter or the
rule or rules
adopted under
this chapter that
appear to the
director or the
director's
authorized
representative to have been
violated or
threatened to
be
violated and the facts constituting
the
violation or
threatened
violation, the actions that the person
must take to
correct the
deficiencies, and the time period
within
which the
person must
correct the violations.
Sec. 956.13. (A) The director of the kennel control
authority may assess
a
civil penalty against a person violating
this chapter or rules
adopted under it if all of the following
occur:
(1) The person has received an order and been notified of the
violation by certified mail as required in section 956.12 of the
Revised Code.
(2) After the time period for correcting the violation
specified in the order has elapsed, the director or the
director's
authorized representative has inspected the premises
where the
violation has occurred and determined that the
violation has not
been corrected, and the director has issued a
notice of an
adjudication hearing pursuant to division (A)(3) of
this section.
(3) The director affords the person an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code to
challenge the director's determination that the person is not in
compliance with this chapter or rules adopted under it, the
imposition of the civil penalty, or both. A person may waive the
opportunity for an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines
that
a violation of this chapter or a rule adopted under it has
occurred or is occurring, the director may assess a civil
penalty.
The civil penalty may be appealed in accordance with
section
119.12 of the Revised Code, except that the civil penalty
may only
be appealed to the environmental division of the
Franklin county
municipal court.
(C) Civil penalties shall be assessed in the following
amounts:
(1) A person who has violated division (A)(1) of section
956.04, division (A)(1) of section 956.05, or division (A) of
section 956.06 of the Revised Code
shall pay a civil penalty in
an amount that is equal to two times
the amount of the license
fee that should have been paid by the
person under section 956.07
of the Revised Code.
(2) A person who has violated division (H) of section 956.04,
division (D) of section 956.05, or division (B) of section 956.06
of the Revised Code shall pay a
civil penalty of not more than
fifteen thousand dollars.
(3) A person who has violated any other provision of this
chapter or rules adopted under it, including, but not limited to,
the standards of care established in section 956.08 of the Revised
Code, shall pay a civil penalty of twenty-five dollars.
Each day that a violation continues constitutes a separate
violation.
Sec. 956.14. The attorney general, upon the request of the
director of the kennel control authority, may bring an action for
injunction
against a person who has violated, is violating, or is
threatening
to violate this chapter, rules adopted under it, or
an order
issued under section 956.12 of the Revised Code. An
action for
injunction shall be filed in the environmental
division of the
Franklin county municipal court, which shall have
exclusive
jurisdiction to grant preliminary and permanent
injunctive relief
under this chapter. The environmental division
of the Franklin
county municipal court shall grant such
injunctive relief upon a
showing that the person against whom the
action is brought has
violated, is violating, or is threatening
to violate this chapter,
rules adopted under it, or an order
issued under it. The court
shall give precedence to such an
action over all other cases.
Sec. 956.15. (A) The director of the kennel control
authority shall deny
an
application for a license that is
submitted under section
956.04, 956.05, or 956.06 of the Revised
Code for
any of the following
reasons:
(1) The applicant for the license has violated any provision
of this chapter or a rule adopted under it.
(2) The applicant has been convicted of or pleaded guilty to
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15,
or 959.16 of the Revised Code or an equivalent municipal
ordinance, law of another state, or law of the federal government
or has been convicted of or pleaded guilty to violating more than
once section 2919.25 of the Revised Code or an equivalent
municipal ordinance, law of another state, or law of the federal
government.
(3) The director determines that the applicant for the
license does not have the expertise or capacity to comply with
this chapter or rules adopted under it.
(B) The director may suspend or revoke a license issued
under
this chapter for violation of any provision of this chapter
or a
rule adopted or order issued under it.
(C) An application or a license shall not be denied,
suspended, or revoked under this section without a written order
of the director stating the findings on which the denial,
suspension, or revocation is based. A copy of the order shall be
sent to the applicant or license holder by certified mail or may
be provided to the applicant or license holder by personal
service. In addition, the person to whom a denial, suspension, or
revocation applies may request an adjudication hearing under
Chapter 119. of the Revised Code. The director shall comply with
such a request. The determination of the director at an
adjudication hearing may be appealed in accordance with section
119.12 of the Revised Code, except that the determination may be
appealed only to the environmental division of the Franklin county
municipal court.
Sec. 956.16. The director of the kennel control authority,
the
director's
authorized representative, or the attorney
general
may require
the
attendance of witnesses and the
production of
books,
records,
papers, and dogs that are needed
either by the
director
or the
attorney general or by any party
to a hearing
before the
director
and for that purpose may issue
a subpoena
for
any
witness or a
subpoena duces tecum to compel
the
production of
any books,
records, papers, or dogs. The
subpoena
shall be served
by personal
service or by certified
mail. If the
subpoena is
returned because
of inability to
deliver, or if no
return is
received within thirty
days after
the date of mailing,
the
subpoena may be served by
ordinary
mail. If no return of
ordinary
mail is received within
thirty
days after the date of
mailing,
service shall be deemed to
have
been made. If the
subpoena is
returned because of inability
to
deliver, the
director or the
attorney general may designate a
person or
persons to effect
either personal or residence service
on the
witness. The person
designated to effect personal or
residence
service under this
section may be the sheriff of the
county in
which the witness
resides or may be found or any other
duly
designated person. The
fees and mileage of the person
serving
the subpoena shall be the
same as those allowed by the
courts of
common pleas in criminal
cases and shall be paid from
the funds
of
the authority. Fees and mileage for the witness
shall be the
same
as
those allowed for witnesses by the courts
of
common
pleas in
criminal cases and shall be paid from the
funds of
the
authority
upon request of the witness following
the
hearing.
Sec. 956.17. All money collected by the director of the
kennel control authority from license and registration fees under
sections
956.07 and 956.20 of the Revised
Code and all money
collected
from civil penalties assessed under
section 956.13 of
the
Revised Code shall be deposited in the state
treasury to the
credit of the regulated dog breeding kennel
control license fund,
which is hereby created. The director shall
use money in the
fund
for the purpose of administering this
chapter and rules
adopted
under it.
Sec. 956.18. (A) There is hereby created the kennel control
authority board consisting of one member of
the senate appointed
by the president of the senate, one member of
the house of
representatives appointed by the speaker of the house
of
representatives, and the following seven members appointed by
the
governor:
(1) Two members representing animal care and welfare
organizations in this state;
(2) One member who is a county dog warden;
(3) One member who is a veterinarian;
(4) One member representing pet stores in this state that are
licensed under
this chapter as regulated dog breeding kennels or
regulated dog
breeding intermediaries;
(5) One member who is a member in good standing of a national
breed parent club of the American kennel club;
(6) One member representing the public.
Initial appointments to the board shall be made not
later
than sixty days after the effective date of this section.
Terms
of office of the members appointed by the president of the
senate
and the speaker of the house of representatives shall
coincide
with their terms of office as members of the senate and
the house
of representatives, as applicable. Of the initial
appointments
made by the governor, two shall be for one-year
terms, two
shall
be for two-year terms, and three shall be for
three-year
terms.
Thereafter, terms of office of members appointed
by the
governor
shall be three years, with each term ending on the
same
day of
the same month as did the term that it succeeds. Each
member
shall hold office from the date of appointment until the
end of
the term for which the member was appointed. Members may be
reappointed. Vacancies shall be filled in the manner provided for
the original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first.
(B) The governor shall select a chairperson from among the
board's members. A majority of the members of the board
constitutes a quorum. The board shall meet at least four
times a
year in Columbus or at other locations selected by the
chairperson. The chairperson shall determine the agenda for each
meeting of the board. However, if the member appointed by the
president of the senate and the member appointed by the speaker of
the house of representatives jointly request in writing that an
item be placed on the agenda for a meeting of the board, the
chairperson shall place the item on the agenda at the board's
next regularly scheduled meeting occurring more than ten days
after the request has been made.
Members of the board shall serve without compensation
for
attending board meetings. Members of the board shall
be
reimbursed for their actual and necessary expenses incurred in
the performance of official duties as members of the board.
(C) The board shall provide oversight and evaluation of
the
administration of this chapter and rules adopted under it,
including the operation of the kennel control
authority created
in section 956.02 of the Revised Code. The
oversight and
evaluation may include, but not be limited to, a
determination of
whether this chapter and rules adopted under it
and the operation
of the authority have resulted in the prevention
of cruelty to
and abuse of dogs and an evaluation of the sanctions
imposed on
violators of this chapter and rules adopted under it.
In
addition, the board may make recommendations to the
director of
the kennel control authority for changes to the administration
of
this
chapter
and rules adopted under it and to the general
assembly
for
changes to this chapter that the board considers
necessary
for
the effective enforcement of this chapter and
rules
adopted
under it. The board may inspect
records kept
by
the
kennel control authority and may interview
kennel
control
enforcement inspectors. The board, by the
thirty-first day of
December each year, shall issue a report of
its findings and
submit it to the authority, the
president of
the
senate, and
the speaker of the house of
representatives.
Sec. 956.19. (A) In accordance with rules adopted under
section 956.03 of the Revised Code, at the time of the sale of a
dog, a pet store shall provide the buyer of the dog with either of
the following:
(1) A certificate of medical health that has been completed
and attested to by a veterinarian and that states that the
veterinarian has examined the dog and has not found evidence of
disease, illness, or injury at the time of the examination;
(2) A money-back guarantee that is valid for not less than
twenty-one days after the date of purchase of the dog. The
guarantee shall authorize the purchaser of the dog to receive the
purchase price of the dog from the pet store within that
twenty-one-day period if the purchaser presents a statement to the
pet store from a veterinarian who has examined the dog within
fourteen days of the purchase of the dog that the dog has a
significant disease, illness, or injury that was in existence at
the time of the purchase of the dog.
(B) A pet store shall post written notice of the pet store's
responsibility under this section in a conspicuous location near
the pet store's cash register. The written notice shall be posted
in accordance with rules and shall be in prominent and easily read
type that is not less than eighteen-point type.
(C) At a time prior to the sale of a dog, a pet store shall
provide the name, complete address, and telephone number of the
breeder that bred the dog, the regulated dog breeding kennel where
the dog was kept, housed, and maintained, and the regulated dog
intermediary from whom the pet store acquired the dog, as
applicable. The pet store also shall provide the telephone number
and the address of the kennel control authority.
(D) No pet store shall fail to comply with this section.
(E) A pet store that fails to comply with division (A)(1) of
this section with respect to the sale of a dog or a pet store that
fails to refund the purchase price of a dog in accordance with
division (A)(2) of this section is liable to the purchaser of the
dog for an amount that is equal to the actual damages incurred by
the purchaser within one year
after the date of the purchase of
the dog, except that veterinary expenses are limited to not more
than five
hundred dollars. The pet store also is
liable for any
attorney's
fees and costs incurred by the
purchaser.
In
addition, the buyer
of the dog may keep the dog.
(F) The director of the kennel control authority or the
director's authorized
representative shall enforce this section.
Kennel control
enforcement inspectors may make inspections of pet
stores for the
purpose of enforcing this section.
Sec. 956.20. No regulated dog breeding kennel shall sell or
otherwise transfer a puppy that is less than ninety days old
without registering the litter in which the puppy was born with
the director of
the kennel control authority in accordance with
rules
adopted
under section 956.03 of the Revised Code and
paying a registration
fee of twenty-five dollars per litter. This
section
does not
apply to an animal rescue for dogs or an animal
shelter
for dogs.
Sec. 956.98. No person shall violate this chapter or a rule
adopted or order issued under it.
Sec. 956.99. Whoever violates section 956.98 of the Revised
Code is guilty of a misdemeanor of the first degree.
Sec. 1901.183. In addition to jurisdiction
otherwise granted
in this chapter, the environmental division of
a municipal court
shall have jurisdiction within its territory
in all of the
following actions or proceedings and to perform
all of the
following functions:
(A) Notwithstanding
any monetary limitations in section
1901.17 of the
Revised Code, in all actions and
proceedings for
the sale of real or personal property under lien
of a judgment of
the environmental division of the municipal
court, or a lien for
machinery, material, fuel furnished, or
labor performed,
irrespective of amount, and, in those cases,
the environmental
division may proceed to foreclose and marshal
all liens and all
vested or contingent rights, to appoint a
receiver, and to render
personal judgment irrespective of amount
in favor of any party;
(B) When in aid of execution of a judgment of the
environmental
division of the municipal court, in all actions for
the foreclosure of a
mortgage on real property given to
secure the
payment of money, or the enforcement of a specific lien
for money
or other encumbrance or charge on real property, when
the real
property is situated within the territory, and, in those
cases,
the environmental division may
proceed to foreclose all liens and
all vested and contingent
rights and proceed to render judgments,
and make findings and
orders, between the parties, in the same
manner and to the same
extent as in similar cases in the court of
common pleas;
(C) When in aid of execution of a judgment of the
environmental
division of the municipal court, in all actions
for
the recovery of real property situated within the territory
to the
same extent as courts of common pleas have
jurisdiction;
(D) In all actions
for injunction to prevent or terminate
violations of the
ordinances and regulations of any municipal
corporation within
its territory enacted or promulgated under the
police power of
that municipal corporation pursuant to Section 3
of Article
XVIII, Ohio Constitution, over which the
court of
common pleas has or may have jurisdiction, and, in
those cases,
the environmental division of the municipal court
may proceed to
render judgments, and make findings and orders, in
the same manner
and to the same extent as in similar cases in
the court of common
pleas;
(E) In all actions for injunction to prevent or terminate
violations of the resolutions and regulations of any political
subdivision
within its territory enacted or promulgated under the
power of that political
subdivision pursuant to Article X of the
Ohio
Constitution, over which the court of common pleas has or may
have
jurisdiction, and, in those cases, the environmental division
of the municipal
court may proceed to render judgments, and make
findings and orders, in the
same manner and to the same extent as
in similar cases in the court of common
pleas;
(F) In any civil
action to enforce any provision of Chapter
3704., 3714., 3734.,
3737., 3767., or 6111. of the
Revised
Code
over which the court of
common pleas has or may have jurisdiction,
and, in those actions,
the environmental division of the municipal
court may proceed to
render judgments, and make findings and
orders, in the same
manner and to the same extent as in similar
actions in the court
of common pleas;
(G) In all actions and
proceedings in the nature of
creditors' bills, and in aid of
execution to subject the interests
of a judgment debtor in real
or personal property to the payment
of a judgment of the
division, and, in those actions and
proceedings, the environmental
division may proceed to marshal and
foreclose all liens on the
property irrespective of the amount of
the lien, and all vested
or contingent rights in the property;
(H) Concurrent
jurisdiction with the court of common pleas of
all criminal actions or
proceedings related to
the pollution of
the air, ground, or water within the territory
of the
environmental division of the municipal court, for which
a
sentence of death cannot be imposed under Chapter 2903. of the
Revised Code;
(I) In any review or appeal of any final order of any
administrative officer, agency, board, department, tribunal,
commission, or
other instrumentality that relates to a local
building, housing, air
pollution, sanitation, health, fire,
zoning, or safety code, ordinance, or
regulation, in the same
manner and to the same extent as in similar appeals in
the court
of common pleas;
(J) With respect to the environmental division of the
Franklin county municipal court, in any civil action to enforce a
provision of Chapter 956. of the Revised Code and to hear appeals
from an adjudication hearing conducted under that chapter.
Section 2. That existing sections 955.02, 955.10, 955.12,
955.20, 955.26, and 1901.183 of the Revised Code are hereby
repealed.
Section 3. It is the intent of the General Assembly to
appropriate money to the Regulated Dog Breeding Kennel Control
License Fund created in section 956.17 of the Revised Code to
enable the Kennel Control Authority created in section 956.02 of
the Revised Code to begin administering
Chapter
956. of the
Revised Code and rules adopted under it.
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