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H. B. No. 14 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend section 955.11 of the Revised Code to remove
pit bulls from the definition of "vicious dog" in
state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 955.11 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.
Section 2. That existing section 955.11 of the Revised Code
is hereby repealed.
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