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H. B. No. 483 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Grossman, Dovilla, Ruhl, Fende, Peterson
A BILL
To amend section 1533.71, to enact sections 935.01 to
935.26 and 935.99, and to repeal section 2927.21
of the Revised Code to establish requirements
governing the possession of dangerous wild animals
and restricted snakes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1533.71 be amended and sections
935.01, 935.02, 935.03, 935.04, 935.05, 935.06, 935.07, 935.08,
935.09, 935.10, 935.11, 935.12, 935.13, 935.14, 935.15, 935.16,
935.17, 935.18, 935.19, 935.20, 935.21, 935.22, 935.23, 935.24,
935.25, 935.26, and 935.99 of the Revised Code be enacted to read
as follows:
Sec. 935.01. As used in this chapter:
(A) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health in any city authorized by section 3709.05 of the
Revised Code.
(B) "Circus" means a traveling show to which all of the
following apply:
(1) It is licensed by the United States department of
agriculture under 84 Stat. 1560 (1970), 7 U.S.C. 2133 et seq.
(2) It features natural or artificial curiosities and
dangerous wild animals, restricted snakes, or both as an integral
part of the show.
(3) It does not allow physical contact between the public and
the dangerous wild animals or restricted snakes possessed by it.
(4) It is in the state for less than forty-five days each
year.
(C) "Dangerous wild animal" means any of the following,
including hybrids unless otherwise specified:
(2) Gray wolves, excluding hybrids;
(6) Leopards, including clouded leopards, Sunda clouded
leopards, and snow leopards;
(7) All of the following, including hybrids with domestic
cats:
(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and
Iberian lynxes;
(c) Cougars, also known as pumas or mountain lions;
(17) Caimans, excluding dwarf caimans;
(19) Nonhuman primates other than the nonhuman primates
specified in division (C)(20) of this section;
(20) All of the following nonhuman primates:
(a) Golden lion, black-faced lion, golden-rumped lion,
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's
tamarins;
(b) Pygmy, white-tufted-ear, silvery, and black-pencilled
marmosets;
(c) Squirrel monkeys, including Central American squirrel
monkeys;
(d) Southern and northern night monkeys;
(e) Dusky titi and masked titi monkeys;
(h) Brown, white-faced, weeping, and white-fronted capuchins;
(i) White-faced, black-bearded, white-nose bearded, and monk
sakis;
(j) Bald and black uakaris;
(k) Black-handed, white-bellied, brown-headed, and black
spider monkeys;
(l) Common woolly monkeys;
(m) Red, black, and mantled howler monkeys.
(21) Any other animals designated by the director of
agriculture in rules.
(D) "Federal animal welfare act" has the same meaning as in
section 959.131 of the Revised Code.
(E) "Felony drug abuse offense" has the same meaning as in
section 2925.01 of the Revised Code.
(F) "Health district" means a city or general health district
created by or under the authority of Chapter 3709. of the Revised
Code.
(G) "Humane society" means an organization that is organized
under section 1717.05 of the Revised Code.
(H) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, police officer of a township or joint police
district, marshal, deputy marshal, municipal police officer, or
state highway patrol trooper.
(I) "Natural resources law enforcement officers" means peace
officers as specified in division (A)(6) of section 109.71 of the
Revised Code and employees of the division of wildlife specified
in sections 1531.13 and 1531.14 of the Revised Code.
(J) "Offense of violence" has the same meaning as in section
2901.01 of the Revised Code.
(K) "Restricted snake" means any of the following:
(1) All of the following constricting snakes:
(f) North African rock pythons;
(g) South African rock pythons;
(2) Species of the following families:
(5) Any other snakes designated by the director in rules.
(L) "Rule" means a rule adopted under section 935.17 of the
Revised Code.
(M) "Veterinarian" means a person who is licensed under
Chapter 4741. of the Revised Code.
(N) "Wildlife sanctuary" means a nonprofit organization as
described in section 170 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or
verified by the global federation of animal sanctuaries, that
operates a place of refuge where abused, neglected, unwanted,
impounded, abandoned, orphaned, or displaced dangerous wild
animals or restricted snakes are provided care for their lifetime
or released back to their natural habitat, and, with respect to an
animal or snake possessed by the organization, that does not do
any of the following:
(1) Use the animal or snake for any type of entertainment or
in a traveling exhibit;
(2) Sell, trade, or barter the animal or snake or the
animal's or snake's body parts;
(3) Use the animal or snake in any manner for profit;
(4) Breed the animal or snake;
(5) Allow the public the opportunity to come into contact
with the animal or snake.
Sec. 935.02. (A) No person shall possess a dangerous wild
animal on or after January 1, 2014.
(B) Except as provided in division (G)(1) of section 935.06
of the Revised Code, no person shall acquire, buy, sell, trade, or
transfer possession or ownership of a dangerous wild animal on or
after the effective date of this section.
Sec. 935.03. (A) Division (A) of section 935.02 of the
Revised Code does not apply to a person whose possession of a
dangerous wild animal is authorized by an unexpired permit issued
under this chapter.
(B) This chapter does not apply to any of the following:
(1) A facility that is an accredited member of the
association of zoos and aquariums or the zoological association of
America and that is licensed by the United States department of
agriculture;
(2) A research facility as defined in the federal animal
welfare act;
(4) A wildlife rehabilitation facility that is issued a
permit by the chief of the division of wildlife in rules adopted
under section 1531.08 of the Revised Code and that rehabilitates
dangerous wild animals or restricted snakes that are native to the
state for the purpose of reintroduction into the wild;
(5) A veterinarian that is providing temporary veterinary
care to a dangerous wild animal or restricted snake;
(6) A wildlife sanctuary;
(7) An individual who does not reside in this state, is
traveling through this state with a dangerous wild animal or
restricted snake, and does all of the following:
(a) Confines the animal or snake in a cage at all times;
(b) Confines the animal or snake in a cage that is not
accessible to the public;
(c) Does not exhibit the animal or snake;
(d) Is in the state not more than forty-eight hours unless
the animal or snake is receiving veterinary care.
(8) An educational institution that displays a single
dangerous wild animal as a sports mascot and that meets all of the
following criteria:
(a) An official of the educational institution has submitted
an affidavit attesting that the institution will care for the
animal as long as the animal lives and in a facility that is an
accredited member of the association of zoos and aquariums or the
zoological association of America.
(b) The educational institution maintains a liability
insurance policy with an insurer authorized or approved to write
such insurance in this state that covers claims for injury or
damage to persons or property caused by a dangerous wild animal.
The amount of the insurance coverage shall be not less than one
million dollars.
(c) During display and transport, the educational institution
confines the dangerous wild animal in a cage that does not permit
physical contact between the animal and the public.
(d) The educational institution began displaying a dangerous
wild animal as a mascot prior to the effective date of this
section.
(9) Any person who has been issued a permit under section
1533.08 of the Revised Code;
(10) Any person authorized to possess a dangerous wild animal
or restricted snake under section 1531.25 of the Revised Code or
rules adopted under it.
Sec. 935.04. (A) A person that possesses a dangerous wild
animal on the effective date of this section shall register the
animal with the director of agriculture in accordance with this
section not later than sixty days after the effective date of this
section.
(B) A person shall register a dangerous wild animal on a form
prescribed and provided by the director. The form shall include
all of the following:
(1) The name, address, social security number, and federal
employer identification number, if applicable, of the person
registering the dangerous wild animal;
(2) If different from the information provided under division
(B)(1) of this section, the name and address of the location where
the dangerous wild animal is confined;
(3) A description of the dangerous wild animal, including the
scientific and common names of the animal, the name that the
person has given the animal, the animal's sex, age, color, and
weight, and any distinguishing marks or coloration that would aid
in the identification of the animal;
(4) The name, address, and telephone number of the
veterinarian that provides veterinary care to the dangerous wild
animal;
(5) Any other information required by the director in rules.
(C) Beginning ninety days after the director adopts rules
under division (A) of section 935.17 of the Revised Code, a person
that has registered a dangerous wild animal under this section
shall comply with the applicable requirements regarding the care
and housing of dangerous wild animals established in those rules.
(D) A person that registers a dangerous wild animal under
this section shall have permanently implanted in the dangerous
wild animal a microchip at the time of registration. The microchip
shall have an identification number that is unique to the
microchip. In addition, the microchip shall contain a passive
integrated transponder, which shall have a frequency of one
hundred twenty-five, one hundred thirty-four and two-tenths, or
four hundred kilohertz.
(E) A person that possesses a registered dangerous wild
animal on October 1, 2013, and that wishes to continue to possess
the dangerous wild animal on and after January 1, 2014, shall
obtain a wildlife shelter permit issued under section 935.06 of
the Revised Code or a wildlife propagation permit issued under
section 935.07 of the Revised Code.
Sec. 935.05. (A) A person that possesses a registered
dangerous wild animal in this state on October 1, 2013, that
wishes to continue to possess the dangerous wild animal on and
after January 1, 2014, and that does not intend to propagate the
animal shall apply for a wildlife shelter permit under this
section.
(B) An applicant for a wildlife shelter permit shall file an
application for a permit with the director of agriculture on a
form prescribed and provided by the director. An applicant need
apply for only one permit regardless of the number of dangerous
wild animals that the applicant possesses. The application shall
include all of the following:
(1) The name, date of birth, address, social security number,
and federal employer identification number, if applicable, of the
applicant;
(2) If different from the information provided under division
(B)(1) of this section, the name and address of the location where
each dangerous wild animal will be confined;
(3) A description of each dangerous wild animal, including
the scientific and common names, the name that the applicant has
given the animal, the animal's sex, age, color, and weight, and
any distinguishing marks or coloration that would aid in the
identification of the animal;
(4) The identification number of the microchip that is
implanted in each dangerous wild animal and the frequency of the
passive integrated transponder contained in the microchip as
required in section 935.04 of the Revised Code;
(5) Proof of liability insurance, including the name of the
insurance company and the policy number, as required in division
(D) of this section;
(6) Except as otherwise provided in this section, proof that
the applicant has at least two years of experience in the care of
the species of dangerous wild animal or animals that are the
subject of the application. If an applicant cannot provide such
proof, the applicant shall pass a written examination regarding
the care of dangerous wild animals that is established and
administered in accordance with rules.
(7) A plan of action to be undertaken if a dangerous wild
animal escapes;
(8) Proof that the applicant has established a
veterinarian-client relationship as described in section 4741.04
of the Revised Code with regard to each dangerous wild animal;
(9) Any additional information required in rules.
An applicant shall submit a copy of the plan of action
required in division (B)(7) of this section to the sheriff of the
county and to the chief law enforcement officer of the township or
municipal corporation having jurisdiction where the dangerous wild
animal or animals are confined.
(C) An applicant shall submit one of the following fees, as
applicable, with an application:
(1) Five hundred dollars if the applicant possesses not more
than three dangerous wild animals;
(2) One thousand dollars if the applicant possesses at least
four, but not more than fifteen dangerous wild animals;
(3) Two thousand dollars if the applicant possesses sixteen
or more dangerous wild animals.
(D) An applicant shall obtain and maintain a liability
insurance policy with an insurer authorized or approved to write
such insurance in this state that covers claims for injury or
damage to persons or property caused by a dangerous wild animal
possessed by the applicant. The amount of the insurance coverage
shall be one of the following, as applicable:
(1) Two hundred fifty thousand dollars if the applicant
possesses not more than five dangerous wild animals;
(2) Five hundred thousand dollars if the applicant possesses
at least six, but not more than fifteen dangerous wild animals;
(3) One million dollars if the applicant possesses sixteen or
more dangerous wild animals.
Sec. 935.06. (A) Not later than ninety days after receipt of
an application under section 935.05 of the Revised Code, the
director of agriculture shall issue or deny a wildlife shelter
permit. The director shall issue a permit to an applicant only if
all of the following apply:
(1) The applicant is eighteen years of age or older.
(2) The applicant has registered the dangerous wild animal or
animals that are the subject of the application under section
935.04 of the Revised Code.
(3) The applicant is in compliance with the standards of care
established in rules adopted under division (A)(2) of section
935.17 of the Revised Code.
(4) The applicant has neutered each male dangerous wild
animal that is possessed by the applicant.
(5) If an applicant possesses only one or more dangerous wild
animals specified in division (C)(20) of section 935.01 of the
Revised Code, the applicant has been issued a class A or class B
license by the United States department of agriculture pursuant to
the federal animal welfare act.
(6) The applicant has signed an affidavit attesting that the
applicant will not allow members of the public to be in physical
contact with a dangerous wild animal possessed by the applicant.
(7) The applicant has not been convicted of or pleaded guilty
to a felony drug abuse offense, an offense of violence that is a
felony, or a violation of section 959.13 or 959.131 of the Revised
Code or of section 2927.21 of the Revised Code as that section
existed prior to its repeal by H.B. ... of the 129th general
assembly, as determined by a criminal records check performed in
accordance with division (B) of this section.
(8) The facility at which a dangerous wild animal or
dangerous wild animals will be maintained under the permit
consists of at least one acre. Division (A)(8) of this section
applies only to dangerous wild animals specified in divisions
(C)(1) to (19) of section 935.01 of the Revised Code.
(9) The applicant has signed an affidavit attesting that the
facility at which a dangerous wild animal or dangerous wild
animals will be maintained under the permit and the conditions in
which each dangerous wild animal will be kept in that facility are
in compliance with this chapter and rules.
(10) The applicant has submitted a complete application that
meets the requirements established in section 935.05 of the
Revised Code.
(11) The applicant has submitted the applicable fee under
section 935.05 of the Revised Code.
If a permit is issued, the director shall assign a unique
identification number to the permit.
(B) Prior to issuing or denying a wildlife shelter permit,
the director shall submit a request to the bureau of criminal
identification and investigation in the office of the attorney
general for a criminal records check of the applicant for the
permit. Upon receipt of a request, the superintendent of the
bureau shall conduct a criminal records check in the manner
described in division (B) of section 109.572 of the Revised Code
to determine whether any information exists that indicates that
the applicant previously has been convicted of or pleaded guilty
to any of the following:
(1) A felony drug abuse offense;
(2) An offense of violence that is a felony;
(3) A violation of section 959.13 or 959.131 of the Revised
Code or of section 2927.21 of the Revised Code as that section
existed prior to its repeal by H.B. ... of the 129th general
assembly.
The applicant is responsible for paying all costs associated
with the criminal records check.
(C) If a permit application is denied, the permit application
fee shall be retained by the director as payment for the
reasonable expense of processing the application.
(D) Not later than the first day of December of each year, a
permit holder shall apply to the director, on a form prescribed
and provided by the director, for a renewal of the permit if the
permit holder intends to retain possession of the dangerous wild
animal or animals that are identified in the permit. Not later
than thirty days after receipt of an application for renewal, the
director shall renew or deny the renewal of the permit. The
director shall renew the permit if the permit holder complies with
this chapter and rules and pays a renewal fee in the same amount
as the fee established for the initial permit in section 935.05 of
the Revised Code. If a renewal permit is denied, the renewal fee
shall be retained by the director as payment for the reasonable
expense of processing the application.
(E) If the director denies an application for a permit or a
renewal of a permit, the director shall notify the person of the
denial, the grounds for the denial, and the person's right to an
adjudication under Chapter 119. of the Revised Code.
(F) If a person does not appeal the determination of the
director to deny an application for a permit or a renewal of a
permit or if the determination of the director is affirmed under
Chapter 119. of the Revised Code, not later than thirty days after
the decision not to appeal or after the determination is affirmed,
as applicable, the person shall transfer the dangerous wild animal
or animals that the person possesses to a humane society, wildlife
sanctuary, or facility that is an accredited member of either the
association of zoos and aquariums or the zoological association of
America. After the transfer has occurred, the person shall submit
proof to the director that the dangerous wild animal or animals
were transferred and shall specify the society, sanctuary, or
facility to which the animal or animals were transferred.
The person is responsible for all costs associated with the
transfer of the dangerous wild animal or animals.
(G) If a person that has been issued a wildlife shelter
permit under this section or a wildlife propagation permit under
section 935.07 of the Revised Code dies, the person's next of kin
shall do one of the following:
(1) If the next of kin wishes to possess the dangerous wild
animal or animals, obtain a wildlife shelter permit under this
section or a wildlife propagation permit under section 935.07 of
the Revised Code, as applicable. That next of kin shall comply
with this chapter and rules, except that, with respect to the next
of kin's initial permit, the person need not pay the applicable
permit application fee.
(2) Transfer the dangerous wild animal or animals that were
possessed by the deceased person in accordance with division (F)
of this section.
(H) All fees collected under this section shall be credited
to the dangerous and restricted animal fund created in section
935.25 of the Revised Code.
Sec. 935.07. (A) A person that possesses a registered
dangerous wild animal in this state on October 1, 2013, that
wishes to continue to possess the dangerous wild animal on and
after January 1, 2014, and that intends to propagate the animal
solely for the purposes of a species survival program that
complies with rules shall apply for a wildlife propagation permit
under this section. An applicant need apply for only one permit
regardless of the number of dangerous wild animals that the
applicant possesses.
(B) Except as otherwise provided in this section, an
applicant for a wildlife propagation permit shall comply with the
requirements and procedures established in sections 935.05 and
935.06 of the Revised Code. The application fee for a wildlife
propagation permit shall be one of the following, as applicable:
(1) One thousand dollars if the applicant possesses not more
than fifty dangerous wild animals;
(2) Three thousand dollars if the applicant possesses more
than fifty dangerous wild animals.
(C) The facility at which a dangerous wild animal or
dangerous wild animals will be maintained under a wildlife
propagation permit shall consist of at least two acres. Division
(C) of this section applies only to dangerous wild animals
specified in divisions (C)(1) to (19) of section 935.01 of the
Revised Code.
(D) All fees collected under this section shall be credited
to the dangerous and restricted animal fund created in section
935.25 of the Revised Code.
Sec. 935.08. (A)(1) A person that possesses a restricted
snake in this state prior to January 1, 2014, that wishes to
continue to possess the restricted snake on and after that date,
and that does not intend to propagate, sell, trade, or otherwise
transfer the snake shall obtain a restricted snake possession
permit under this section not later than January 1, 2014.
(2) A person that acquires a restricted snake in this state
on or after January 1, 2014, and that does not intend to
propagate, sell, trade, or otherwise transfer the snake shall
obtain a restricted snake possession permit under this section not
later than one hundred twenty days after acquiring the snake.
(3) An applicant need apply for only one permit regardless of
the number of restricted snakes that the applicant possesses.
(B) An applicant for a restricted snake possession permit
shall file an application for a permit with the director of
agriculture on a form prescribed and provided by the director. The
application shall include all of the following:
(1) The name, date of birth, address, social security number,
and federal employer identification number, if applicable, of the
applicant;
(2) If different from the information provided under division
(B)(1) of this section, the name and address of the location where
each restricted snake will be confined;
(3) A description of each restricted snake, including the
scientific and common names, the name that the applicant has given
the snake, the snake's sex, age, color, and weight, and any
distinguishing marks or coloration that would aid in the
identification of the snake;
(4) Proof of liability insurance, including the name of the
insurance company and the policy number, as required in division
(D) of this section;
(5) Except as otherwise provided in this section, proof that
the applicant has at least two years of experience in the care of
the species of restricted snake or snakes that are the subject of
the application. If an applicant cannot provide such proof, the
applicant shall pass a written examination regarding the care of
restricted snakes that is established and administered in
accordance with rules. The requirements of division (B)(5) of this
section do not apply with respect to a restricted snake specified
in division (K)(1) of section 935.01 of the Revised Code.
(6) A plan of action to be undertaken if a restricted snake
escapes;
(7) Proof that the applicant has established a
veterinarian-client relationship as described in section 4741.04
of the Revised Code with regard to each restricted snake;
(8) Any additional information required in rules.
An applicant shall submit a copy of the plan of action
required in division (B)(6) of this section to the sheriff of the
county and to the chief law enforcement officer of the township or
municipal corporation having jurisdiction where the restricted
snake or snakes are confined.
(C) An applicant shall submit one of the following fees, as
applicable, with an application:
(1) One hundred dollars if the applicant possesses not more
than three restricted snakes;
(2) Three hundred dollars if the applicant possesses at least
four, but not more than fifteen restricted snakes;
(3) Five hundred dollars if the applicant possesses sixteen
or more restricted snakes.
(D)(1) An applicant shall obtain and maintain a liability
insurance policy with an insurer authorized or approved to write
such insurance in this state that covers claims for injury or
damage to persons or property caused by a restricted snake
possessed by the applicant. Except as provided in division (D)(2)
of this section, the amount of the insurance coverage shall be one
of the following, as applicable:
(a) One hundred thousand dollars if the applicant possesses
not more than five restricted snakes;
(b) Two hundred fifty thousand dollars if the applicant
possesses at least six, but not more than fifteen restricted
snakes;
(c) Five hundred thousand dollars if the applicant possesses
sixteen or more restricted snakes.
(2) If an applicant possesses one or more restricted snakes
specified in division (K)(1)(i) of section 935.01 of the Revised
Code, but no other restricted snakes, the amount of the insurance
coverage shall be one of the following, as applicable:
(a) Five thousand dollars if the applicant possesses not more
than five such restricted snakes;
(b) Ten thousand dollars if the applicant possesses at least
six, but not more than fifteen such restricted snakes;
(c) Fifteen thousand dollars if the applicant possesses
sixteen or more such restricted snakes.
Sec. 935.09. (A) Not later than ninety days after receipt of
an application under section 935.08 of the Revised Code, the
director of agriculture shall issue or deny a restricted snake
possession permit. The director shall issue a permit to an
applicant only if all of the following apply:
(1) The applicant is eighteen years of age or older.
(2) The applicant has signed an affidavit attesting that the
applicant will not allow members of the public to be in physical
contact with a restricted snake possessed by the applicant.
(3) The applicant has not been convicted of or pleaded guilty
to a felony drug abuse offense, an offense of violence that is a
felony, or a violation of section 959.13 or 959.131 of the Revised
Code or of section 2927.21 of the Revised Code as that section
existed prior to its repeal by H.B. ... of the 129th general
assembly, as determined by a criminal records check performed in
accordance with division (B) of this section.
(4) The applicant has signed an affidavit attesting that the
facility at which a restricted snake or snakes will be maintained
under the permit and the conditions in which each restricted snake
will be kept in that facility are in compliance with this chapter
and rules.
(5) The applicant has submitted a complete application that
meets the requirements established in section 935.08 of the
Revised Code.
(6) The applicant has submitted the applicable fee under
section 935.08 of the Revised Code.
If a permit is issued, the director shall assign a unique
identification number to the permit.
(B) Prior to issuing or denying a restricted snake possession
permit, the director shall submit a request to the bureau of
criminal identification and investigation in the office of the
attorney general for a criminal records check of the applicant for
the permit. Upon receipt of a request, the superintendent of the
bureau shall conduct a criminal records check in the manner
described in division (B) of section 109.572 of the Revised Code
to determine whether any information exists that indicates that
the applicant previously has been convicted of or pleaded guilty
to any of the following:
(1) A felony drug abuse offense;
(2) An offense of violence that is a felony;
(3) A violation of section 959.13 or 959.131 of the Revised
Code or of section 2927.21 of the Revised Code as that section
existed prior to its repeal by H.B. ... of the 129th general
assembly.
The applicant is responsible for paying all costs associated
with the criminal records check.
(C) If a permit application is denied, the permit application
fee shall be retained by the director as payment for the
reasonable expense of processing the application.
(D) Not later than the first day of December of each year, a
permit holder shall apply to the director, on a form prescribed
and provided by the director, for a renewal of the permit if the
permit holder intends to retain possession of the restricted snake
or snakes that are identified in the permit. Not later than thirty
days after receipt of an application for renewal, the director
shall renew or deny the renewal of the permit. The director shall
renew the permit if the permit holder complies with this chapter
and rules and pays a renewal fee in the same amount as the fee
established for the initial permit in section 935.08 of the
Revised Code. If a renewal permit is denied, the renewal fee shall
be retained by the director as payment for the reasonable expense
of processing the application.
(E) If the director denies an application for a permit or a
renewal of a permit, the director shall notify the person of the
denial, the grounds for the denial, and the person's right to an
adjudication under Chapter 119. of the Revised Code.
(F) If a person does not appeal the determination of the
director to deny an application for a permit or a renewal of a
permit or if the determination of the director is affirmed under
Chapter 119. of the Revised Code, not later than thirty days after
the decision not to appeal or after the determination is affirmed,
as applicable, the person shall transfer the restricted snake or
snakes that the person possesses to a humane society, wildlife
sanctuary, or facility that is an accredited member of either the
association of zoos and aquariums or the zoological association of
America. After the transfer has occurred, the person shall submit
proof to the director that the restricted snake or snakes were
transferred and shall specify the society, sanctuary, or facility
to which the snake or snakes were transferred.
The person is responsible for all costs associated with the
transfer of the restricted snake or snakes.
(G) If a person that has been issued a restricted snake
possession permit under this section or a restricted snake
propagation permit under section 935.10 of the Revised Code dies,
the person's next of kin shall do one of the following:
(1) If the next of kin wishes to possess the restricted snake
or snakes, obtain a restricted snake possession permit under this
section or a restricted snake propagation permit under section
935.10 of the Revised Code, as applicable. That next of kin shall
comply with this chapter and rules, except that, with respect to
the next of kin's initial permit, the person need not pay the
applicable permit application fee.
(2) Transfer the restricted snake or snakes that were
possessed by the deceased person in accordance with division (F)
of this section.
(H) All fees collected under this section shall be credited
to the dangerous and restricted animal fund created in section
935.25 of the Revised Code.
Sec. 935.10. (A)(1) A person that possesses a restricted
snake in this state prior to January 1, 2014, that wishes to
continue to possess the restricted snake on and after that date,
and that intends to propagate, sell, trade, or otherwise transfer
the snake shall obtain a restricted snake propagation permit under
this section not later than January 1, 2014.
(2) A person that acquires a restricted snake in this state
on or after January 1, 2014, and that intends to propagate, sell,
trade, or otherwise transfer the snake shall obtain a restricted
snake propagation permit under this section not later than one
hundred twenty days after acquiring the snake.
(3) An applicant need apply for only one permit regardless of
the number of restricted snakes that the applicant possesses.
(B) Except as otherwise provided in this section, an
applicant for a restricted snake propagation permit shall comply
with the requirements and procedures established in sections
935.08 and 935.09 of the Revised Code. The application fee for a
restricted snake propagation permit shall be one of the following,
as applicable:
(1) Two hundred dollars if the applicant possesses not more
than three restricted snakes;
(2) Six hundred dollars if the applicant possesses at least
four, but not more than fifteen restricted snakes;
(3) One thousand dollars if the applicant possesses sixteen
or more restricted snakes.
(C) All fees collected under this section shall be credited
to the dangerous and restricted animal fund created in section
935.25 of the Revised Code.
Sec. 935.11. (A) A person that possesses at least one
dangerous wild animal and at least one restricted snake shall
apply for both a wildlife shelter permit issued under section
935.06 of the Revised Code and a restricted snake possession
permit issued under section 935.09 of the Revised Code.
(B) A person that possesses at least one dangerous wild
animal and that intends to propagate the animal solely for the
purposes of a species survival program that complies with rules
and that possesses at least one restricted snake and that intends
to propagate, sell, trade, or otherwise transfer the snake shall
apply for both a wildlife propagation permit issued under section
935.07 of the Revised Code and a restricted snake propagation
permit issued under section 935.10 of the Revised Code.
(C) A person that possesses at least one dangerous wild
animal and does not intend to propagate the animal and that
possesses at least one restricted snake and intends to propagate,
sell, trade, or otherwise transfer the snake shall apply for both
a wildlife shelter permit issued under section 935.06 of the
Revised Code and a restricted snake propagation permit issued
under section 935.10 of the Revised Code.
(D) A person that possesses at least one dangerous wild
animal and that intends to propagate the animal solely for the
purposes of a species survival program that complies with rules
and that possesses at least one restricted snake and does not
intend to propagate, sell, trade, or otherwise transfer the snake
shall apply for both a wildlife propagation permit issued under
section 935.07 of the Revised Code and a restricted snake
possession permit issued under section 935.09 of the Revised Code.
Sec. 935.12. (A) Except as provided in division (B) of this
section, a person that has been issued a permit under this chapter
for a dangerous wild animal or animals shall comply with the
requirements regarding the care and housing of dangerous wild
animals established in rules.
(B)(1) A person that has been issued a permit under this
chapter for a dangerous wild animal or animals specified in
division (C)(20) of section 935.01 of the Revised Code shall
comply with the requirements regarding the care of those animals
established in regulations adopted under the federal animal
welfare act.
(2)(a) A person that has been issued a permit under this
chapter for a dangerous wild animal or animals specified in
division (C)(20)(a) or (b) of section 935.01 of the Revised Code
shall confine each animal in a cage that is not less than nine
square feet.
(b) A person that has been issued a permit under this chapter
for a dangerous wild animal or animals specified in divisions
(C)(20)(c) to (g) of section 935.01 of the Revised Code shall
confine each animal in a cage that is not less than twenty-four
square feet.
(c) A person that has been issued a permit under this chapter
for a dangerous wild animal or animals specified in divisions
(C)(20)(h) to (m) of section 935.01 of the Revised Code shall
confine each animal in a cage that is not less than thirty-two
square feet.
(C) A person that has been issued a permit under this chapter
for a restricted snake or snakes shall comply with the
requirements regarding the care and housing of those snakes
established in standards adopted by the zoological association of
America.
Sec. 935.13. The director of agriculture may suspend or
revoke a permit issued under this chapter for a violation of this
chapter or rules. A person adversely affected by an order of
suspension or revocation may request an adjudication under Chapter
119. of the Revised Code.
Sec. 935.14. (A) The director of agriculture shall maintain a
database of both of the following:
(1) Until January 1, 2014, the name and address of each
person that possesses a dangerous wild animal and registers the
animal under section 935.04 of the Revised Code;
(2) On and after January 1, 2014, the name and address of
each person that has applied for and been issued a permit under
this chapter.
(B) The director shall allow the directors of health and
natural resources to have access to the database.
Sec. 935.15. (A) A person that has been issued a permit
under this chapter shall maintain records of all of the following
regarding each dangerous wild animal and each restricted snake
that the permit holder possesses:
(1) The scientific and common names of the animal or snake,
including the species;
(2) If the animal or snake was purchased or otherwise
acquired from another person, the name and address of the other
person;
(3) The date on which the animal or snake was acquired, if
applicable;
(4) If the permit holder propagates dangerous wild animals,
the date of birth of the animal if the animal was propagated by
the permit holder;
(5) If the permit holder propagates restricted snakes, the
date of birth of the snake if the snake was propagated by the
permit holder;
(6) The name and address of the person to whom the animal or
snake was sold or otherwise transferred, if applicable;
(7) The date on which the animal or snake died or escaped, if
applicable;
(8) The identification number of the microchip that is
implanted in the animal and the frequency of the passive
integrated transponder contained in the microchip as required in
section 935.04 of the Revised Code.
(B) A permit holder shall maintain the records in accordance
with rules.
Sec. 935.16. (A) If a dangerous wild animal or restricted
snake escapes, the person that possesses the animal or snake
immediately shall notify both of the following:
(1) The sheriff of the county and the chief law enforcement
officer of the township or municipal corporation where the escape
occurred;
(2) The division of animal health in the department of
agriculture by means of the twenty-four-hour telephone number that
is maintained by the division.
(B)(1) A law enforcement officer or natural resources law
enforcement officer may destroy a dangerous wild animal or
restricted snake that has escaped and that poses a threat to
public safety.
(2) A law enforcement officer or natural resources law
enforcement officer that destroys an escaped dangerous wild animal
or restricted snake pursuant to division (B)(1) of this section is
not liable for damages in a civil action for any injury, death, or
loss to person or property that allegedly arises from the
destruction of the animal or snake.
(C) The person that possesses a dangerous wild animal or
restricted snake that escapes is responsible for all reasonable
costs associated with the capture or destruction of the animal or
snake. The person shall reimburse the political subdivision that
employs the law enforcement officer who captured or destroyed the
dangerous wild animal or restricted snake for the costs incurred
in capturing or destroying the animal or snake. However, if the
law enforcement officer is a state highway patrol trooper or if a
natural resources law enforcement officer captured or destroyed
the dangerous wild animal or restricted snake, the person shall
reimburse the state highway patrol or department of natural
resources, as applicable, for those costs.
(D)(1) Except as provided in division (D)(2) of this section,
money collected under division (C) of this section shall be
credited to a special fund, which is hereby created in the
applicable political subdivision. Money in the special fund shall
be used exclusively for the administration and enforcement of this
chapter and rules.
(2) Money collected under division (C) of this section for
costs incurred by a state highway patrol trooper or a natural
resources law enforcement officer under this section shall be
deposited in the state treasury to the credit of the dangerous and
restricted animal fund created in section 935.25 of the Revised
Code.
(3) If law enforcement officers from more than one
jurisdiction assist in the capture or destruction of a dangerous
wild animal or restricted snake, the money collected shall be
proportionally distributed to each political subdivision's special
fund and the dangerous and restricted animal fund, if applicable.
Sec. 935.17. The director of agriculture shall adopt rules
in accordance with Chapter 119. of the Revised Code that establish
all of the following:
(A) Both of the following concerning the registration of
dangerous wild animals under section 935.04 of the Revised Code:
(1) Any additional information that must be included with a
registration;
(2) Standards for the care and housing of registered
dangerous wild animals, including standards for the proper care of
each species of dangerous wild animal and caging and fencing of
the animals.
The director shall adopt rules under division (A) of this
section not later than ninety days after the effective date of
this section.
(B) Standards for the care and well-being of dangerous wild
animals specified in divisions (C)(1) to (19) of section 935.01 of
the Revised Code that are possessed by the holders of wildlife
shelter permits and wildlife propagation permits issued under this
chapter. The standards shall govern at least sanitation for,
provision of health care for, and feeding, caging, housing, and
fencing of dangerous wild animals. In adopting rules under this
division, the director shall consider the following factors:
(1) Best management practices for the care and well-being of
dangerous wild animals;
(2) Public health and safety;
(4) The prevention of disease;
(5) Animal morbidity and mortality data;
(6) Generally accepted veterinary medical practices;
(7) Standards adopted by the association of zoos and
aquariums;
(8) Standards adopted by the zoological association of
America;
(9) Standards established in the federal animal welfare act;
(10) Ethical standards established by the American veterinary
medical association;
(11) Any other factors that the director considers necessary
for the proper care and well-being of dangerous wild animals in
this state.
(C) All of the following concerning applications for permits
issued under sections 935.06 and 935.07 of the Revised Code:
(1) Any additional information that must be included with a
permit application;
(2) Criteria for determining what constitutes a species
survival program for the purposes of division (A)(1) of section
935.07 of the Revised Code and requirements and procedures that
are necessary to determine if a program meets those criteria;
(3) The content of the examination specified in division
(B)(6) of section 935.05 of the Revised Code. The rules shall
require the examination to test an applicant's knowledge on topics
that include proper diet, health care, exercise needs, and housing
of the species of dangerous wild animal or animals that are the
subject of the application.
(4) Procedures and requirements concerning the administration
of the examination specified in division (B)(6) of section 935.05
of the Revised Code.
(D) All of the following concerning applications for permits
issued under sections 935.09 and 935.10 of the Revised Code:
(1) Any additional information that must be included with a
permit application;
(2) The content of the examination specified in division
(B)(5) of section 935.08 of the Revised Code. The rules shall
require the examination to test an applicant's knowledge on topics
that include proper diet, health care, and housing of the species
of restricted snake or snakes that are the subject of the
application.
(3) Procedures and requirements concerning the administration
of the examination specified in division (B)(5) of section 935.08
of the Revised Code.
(E) Procedures and requirements governing the maintenance of
records under section 935.15 of the Revised Code;
(F) Standards for signs that are required to be posted and
displayed in accordance with section 935.18 of the Revised Code;
(G) The amount of civil penalties that may be assessed under
section 935.24 of the Revised Code;
(H) Procedures and requirements governing the distribution of
money under division (B)(4) of section 935.25 of the Revised Code
from the dangerous and restricted animal fund created in that
section;
(I) Any other provisions necessary to administer and enforce
this chapter.
Sec. 935.18. (A) Except for a restricted snake specified in
division (K)(1) of section 935.01 of the Revised Code, no person
shall sell or offer for sale at auction a dangerous wild animal or
restricted snake.
(B) No person shall knowingly remove a microchip that is
implanted in a dangerous wild animal as required in section 935.04
of the Revised Code.
(C) No person that possesses a dangerous wild animal or
restricted snake shall fail to post and display any of the
following:
(1) At intervals of ten feet along the boundary of the
property where each dangerous wild animal is confined, signs
warning the public that a dangerous wild animal or restricted
snake, as applicable, is on the property;
(2) At the main entrance to the property where each dangerous
wild animal or restricted snake is confined, a sign warning the
public that a dangerous wild animal or restricted snake, as
applicable, is on the property;
(3) On a vehicle that is used to transport a dangerous wild
animal or restricted snake, a sign warning that a dangerous wild
animal or restricted snake, as applicable, is in the vehicle.
The signs shall comply with standards established in rules.
(D) No person shall knowingly release a dangerous wild animal
or restricted snake into the wild.
(E) No person shall allow a dangerous wild animal or
restricted snake to roam off the property where it is confined.
(F) No person shall remove any teeth or claws from a
dangerous wild animal or restricted snake, as applicable, unless
determined to be medically necessary by a veterinarian.
(G) No person shall violate any other provisions of this
chapter or rules.
Sec. 935.19. (A)(1) The director of agriculture or the
director's designee may enter at all reasonable times any premises
at which a dangerous wild animal or restricted snake is confined,
with the consent of the owner of the premises, for the purpose of
determining compliance with this chapter and rules.
(2) If the director or the director's designee is denied
access to any such premises, and if the director reasonably
suspects that the person who possesses the dangerous wild animal
or restricted snake is not in compliance with this chapter or
rules, the director may apply to a court of competent jurisdiction
in the county in which the premises is located for a search
warrant authorizing access to the premises for the purposes of
this section.
(3) The court shall issue the search warrant for the purposes
requested if there is probable cause to believe that the person is
not in compliance with this chapter or rules. The finding of
probable cause may be based on hearsay, provided that there is a
substantial basis for believing that the source of the hearsay is
credible and that there is a factual basis for the information
furnished.
(B) The director may designate any of the following to
conduct inspections under this section:
(1) Employees of the department of agriculture;
(2) Natural resources law enforcement officers with the
consent of the director of natural resources;
(3) Employees of the department of health with the consent of
the director of health;
(4) Employees of a board of health with the consent of the
board;
(5) Agents of a humane society appointed under section
1717.06 of the Revised Code with the consent of the humane
society.
(C) If a person designated under division (B) of this section
determines, while conducting an inspection, that a violation of
this chapter or rules has occurred, is occurring, or may occur,
the person shall immediately notify the director of agriculture.
The director may proceed as provided in section 935.24 of the
Revised Code.
Sec. 935.20. (A) On and after January 1, 2014, the director
of agriculture immediately shall cause an investigation to be
conducted if the director has reason to believe that one of the
following may be occurring:
(1) A dangerous wild animal is possessed by a person who has
not been issued either a wildlife shelter permit or a wildlife
propagation permit under this chapter.
(2) A restricted snake is possessed by a person that has not
been issued either a restricted snake possession permit or a
restricted snake propagation permit under this chapter.
(3) A dangerous wild animal or restricted snake is being
treated or kept in a manner that is in violation of this chapter
or rules.
For purposes of the investigation, the director or the
director's designee may order the animal or snake that is the
subject of the notification to be quarantined or may order the
transfer of the animal or snake to a facility that is on the list
maintained by the director under this section. If the director's
designee orders the animal or snake to be quarantined or
transferred, the designee shall provide a copy of the order to the
director.
(B) The director shall attempt to notify the person owning or
possessing an animal or snake that has been ordered to be
quarantined or transferred under division (A) of this section. The
notice shall be delivered in person or by certified mail. The
director also may post a copy of a quarantine order at two
conspicuous locations on the premises where the animal or snake is
quarantined. The director shall maintain a copy of an order issued
under this section and evidence that the director attempted to
notify the person owning or possessing the animal or snake.
(C) A quarantine or transfer order issued under this section
shall contain all of the following:
(1) The name and address of the person owning or possessing
the animal or snake, if known;
(2) A description of the quarantined or transferred animal or
snake;
(3) A description of the premises affected by the quarantine
or transfer;
(4) The reason for the quarantine or transfer;
(5) Any terms and conditions of the quarantine or transfer;
(6) A notice that a person adversely affected by the order
may request a hearing to review the order.
(D) A person that is adversely affected by a quarantine or
transfer order pertaining to a dangerous wild animal or restricted
snake owned or possessed by the person, within thirty days after
the order is issued, may request in writing an adjudication in
accordance with Chapter 119. of the Revised Code. A request for an
adjudication does not stay a quarantine or transfer order.
(E) The owner of or person possessing a dangerous wild animal
or restricted snake that was quarantined or transferred under
division (A) of this section is responsible for all reasonable
costs associated with the quarantine or transfer, including the
costs of transportation, housing, food, and veterinary care for
the animal or snake.
(F) If the state veterinarian determines that a dangerous
wild animal or restricted snake that was quarantined or
transferred under division (A) of this section is infected with or
exposed to a dangerously contagious or infectious disease or is
seriously injured, the state veterinarian shall so notify the
director. The director may order the animal or snake to be
humanely euthanized by a veterinarian if the state veterinarian
has indicated that euthanization is medically necessary.
(G) A quarantine or transfer order issued under this section
shall remain in effect until one of the following occurs:
(1) The director, after reviewing the results of the
investigation conducted under division (A) of this section, issues
a written notice of release.
(2) A court of competent jurisdiction orders the quarantine
or transfer order to be terminated in a proceeding conducted under
division (H) of this section.
(3) A court of competent jurisdiction orders the seizure of
the dangerous wild animal or restricted snake in a proceeding
conducted under division (H) of this section.
(H) If, after reviewing the results of an investigation
concerning a dangerous wild animal or restricted snake conducted
under division (A) of this section and after resolution of any
proceeding conducted under division (D) of this section, the
director determines that a circumstance described in division
(A)(1), (2), or (3) of this section is or was occurring, the
director shall initiate, in a court of competent jurisdiction, a
proceeding for the permanent seizure of the animal or snake, as
applicable. If the court affirms the director's determination that
a circumstance described in division (A)(1), (2), or (3) of this
section is or was occurring, the court shall order the animal or
snake seized and shall order the method of disposition of the
animal or snake. The court may order the person owning or
possessing the animal or snake to pay all reasonable costs
associated with the seizure and, if applicable, the costs
associated with the quarantine or transfer of the animal or snake,
including the costs of transportation, housing, food, and
veterinary care of the animal or snake. If the court does not
affirm the director's determination, the court shall order the
quarantine or transfer order to be terminated and the animal or
snake to be returned to the person owning or possessing it, if
applicable.
(I) The director may authorize any of the following to
conduct an investigation and order the quarantine or transfer of a
dangerous wild animal or restricted snake under division (A) of
this section:
(1) Employees of the department of agriculture;
(2) Natural resources law enforcement officers with the
consent of the director of natural resources;
(3) Employees of the department of health with the consent of
the director of health;
(4) Employees of a board of health with the consent of the
board;
(5) Agents of a humane society appointed under section
1717.06 of the Revised Code with the consent of the humane
society;
(6) Law enforcement officers with the consent of the sheriff
of the county or the chief law enforcement officer of the township
or municipal corporation, as applicable, by whom the law
enforcement officers are employed;
(7) Law enforcement officers who are state highway patrol
troopers with the consent of the superintendent of the state
highway patrol.
(J) Money collected for reimbursement of costs associated
with the quarantine or transfer of dangerous wild animals and
restricted snakes under this section shall be credited to one of
the following funds, as applicable:
(1) If the animal or snake was quarantined or transferred by
an employee of the department of agriculture or the department of
health, a natural resources law enforcement officer, or a law
enforcement officer who is a state highway patrol trooper, the
dangerous and restricted animal fund created in section 935.25 of
the Revised Code;
(2) If the animal or snake was quarantined or transferred by
an employee of a board of health, a special fund, which is hereby
created in each health district, that shall be used exclusively
for the administration and enforcement of this chapter and rules;
(3) If the animal or snake was quarantined or transferred by
an agent of a humane society, a special fund, which is hereby
created in each county that has a humane society, that shall be
used exclusively for the administration and enforcement of this
chapter and rules;
(4) If the animal or snake was quarantined or transferred by
a law enforcement officer who is not a state highway patrol
trooper, the special fund that is created in the political
subdivision that employs the law enforcement officer in division
(D) of section 935.16 of the Revised Code.
(K) The director shall maintain a list of facilities inside
and outside the state that the director determines are eligible to
accept dangerous wild animals and restricted snakes for the
purposes of this section.
Sec. 935.21. The director of agriculture may request either
of the following to accompany the director or an employee of the
department of agriculture for purposes of investigations and
inspections conducted under this chapter:
(A) A law enforcement officer;
(B) With the consent of the director of natural resources, a
natural resources law enforcement officer.
Sec. 935.22. An employee of an agency or political
subdivision of the state that destroys a dangerous wild animal or
restricted snake that is a threat to public safety is not liable
for damages in a civil action for any injury, death, or loss to
person or property that allegedly arises from the destruction of
the animal or snake.
Sec. 935.23. (A) The owner of a restricted snake specified in
division (K)(2), (3), or (4) of section 935.01 of the Revised Code
shall maintain antivenom for each species of snake at the location
where each snake is confined.
(B) If a restricted snake specified in division (K)(2), (3),
or (4) of section 935.01 of the Revised Code bites a person other
than the snake's owner, the owner is liable for all costs
associated with the treatment of the bite, including the cost of
replacement of any antivenom that was used to treat the bite.
Sec. 935.24. (A) The attorney general, upon request of the
director of agriculture, shall bring an action for injunction
against any person who has violated, is violating, or is
threatening to violate this chapter or rules. The court of common
pleas in which an action for injunction is filed has jurisdiction
to and shall grant preliminary and permanent 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 or rules.
(B)(1) The director may assess a civil penalty against any
person that the director determines is not in compliance with this
chapter or rules.
(2) The director shall afford the person an opportunity for
an adjudication 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. However, the person may
waive the right to an adjudication.
(3) If the opportunity for an adjudication is waived or if,
after an adjudication, the director determines that a violation
has occurred or is occurring, the director may issue an order and
assess a civil penalty in an amount established in rules against
the violator. The order and the assessment of the civil penalty
may be appealed in accordance with section 119.12 of the Revised
Code.
(C) The attorney general, upon request of the director, shall
criminally prosecute to termination any person who has violated or
is violating this chapter or rules.
(D) Notwithstanding any other section of the Revised Code,
money resulting from any action taken under this section shall be
credited to the dangerous and restricted animal fund created in
section 935.25 of the Revised Code.
Sec. 935.25. (A) There is hereby created in the state
treasury the dangerous and restricted animal fund, which shall
consist of all of the following:
(1) Money collected from permit application fees under this
chapter;
(2) Money credited to the fund under division (J)(1) of
section 935.20 of the Revised Code;
(3) Money credited to the fund under division (D) of section
935.24 of the Revised Code.
(B) Money in the fund shall be used for any of the following
purposes:
(1) Administration and enforcement of this chapter and rules;
(2) Compensation of the department of natural resources or
the state highway patrol for the costs incurred in capturing or
destroying a dangerous wild animal or restricted snake pursuant to
section 935.16 of the Revised Code;
(3) Compensation of the departments of natural resources and
health and the state highway patrol for the costs incurred in
conducting investigations and quarantining or transferring a
dangerous wild animal or restricted snake pursuant to section
935.20 of the Revised Code;
(4) Compensation of a facility that is on the list maintained
by the director of agriculture under division (K) of section
935.20 of the Revised Code and that accepts a dangerous wild
animal or restricted snake pursuant to that section.
(C) Investment earnings of the fund shall be credited to the
fund.
Sec. 935.26. (A) There is hereby created the dangerous and
restricted animals advisory board consisting of the following
members:
(1) The director of agriculture or the director's designee,
who shall be the chairperson of the board;
(2) The director of natural resources or the director's
designee;
(3) The director of health or the director's designee;
(4) The state veterinarian in the department of agriculture;
(5) The following ten members who shall be appointed by the
governor with the advice and consent of the senate and shall be
residents of this state:
(a) One member representing dangerous wild animal or
restricted snake owners;
(b) One member who is knowledgeable about dangerous wild
animals or restricted snakes;
(c) One member representing an accredited member of the
association of zoos and aquariums that operates in this state;
(d) One member representing an accredited member of the
zoological association of America;
(e) Two members who are veterinarians;
(f) Two members representing the public;
(g) One member representing the governor;
(h) One member representing a humane society.
(6) One member appointed by the speaker of the house of
representatives who shall be a restricted snake owner;
(7) One member appointed by the president of the senate who
shall be a dangerous wild animal owner.
Not more than seven members appointed to the board at any
given time shall be members of the same political party.
(B)(1) The governor, the speaker of the house of
representatives, and the president of the senate shall make
initial appointments to the board not later than forty-five days
after the effective date of this section.
(2) The following initial members of the board appointed by
the governor shall be appointed for a term ending January 15,
2013:
(a) The member representing dangerous wild animal or
restricted snake owners;
(b) One of the members who is a veterinarian;
(c) The member representing the governor;
(d) The member representing an accredited member of the
zoological association of America.
(3) The following initial members of the board shall be
appointed for a term ending January 15, 2014:
(a) The member appointed by the speaker of the house of
representatives;
(b) The member who is knowledgeable about dangerous wild
animals or restricted snakes;
(c) The member representing a humane society;
(d) One of the members representing the public.
(4) The following initial members of the board shall be
appointed for a term ending January 15, 2015:
(a) The member appointed by the president of the senate;
(b) The member representing an accredited member of the
association of zoos and aquariums that operates in this state;
(c) One of the members representing the public;
(d) One of the members who is a veterinarian.
Thereafter, terms of office of appointed members shall be for
three years with each term ending on the same day of the same
month as did the term that it succeeds. An appointed member shall
hold office from the date of the member's appointment until the
end of the term for which the member was appointed.
The terms of office of the director of agriculture, the
director of natural resources, the director of health, their
designees, and the state veterinarian shall coincide with the
length of time that the person holds the position of director or
state veterinarian or is a designee, as applicable. If a director,
a designee, or the state veterinarian resigns or that person's
employment is terminated, that person shall cease to serve on the
board, and the successor of that person shall serve on the board
in accordance with this section.
(C) Vacancies on the board shall be filled in the manner
provided for original appointments. A member appointed to fill a
vacancy occurring prior to the expiration of the term for which
the member's predecessor was appointed shall hold office for the
remainder of that 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 one hundred
eighty days has elapsed, whichever occurs first. A member may be
reappointed upon the expiration of the member's term.
(D) The board shall hold at least three regular meetings each
year and may hold additional meetings at times that the
chairperson or a majority of the board members considers
appropriate. At the first meeting of the board in each calendar
year, the director of agriculture or the director's designee shall
designate one member of the board to serve as its
vice-chairperson. A majority of the board constitutes a quorum.
The board may act only if a quorum is present and only by a
majority vote of the members.
(E) Serving as an appointed member of the board does not
constitute holding a public office or position of employment under
the laws of this state and does not constitute grounds for removal
of public officers or employees from their offices or positions of
employment.
(F) Appointed members of the board shall receive no
compensation for their services. Members shall be reimbursed for
their actual and necessary expenses incurred in the performance of
their duties as members. The expenses shall be paid from the
dangerous and restricted animal fund created in section 935.25 of
the Revised Code. The expenses shall be paid in accordance with
the rules and requirements adopted by the department of
administrative services that are applicable to state employees.
(G) The board may create committees that it considers
appropriate to make recommendations to the board. Committees may
include members who do not serve on the board.
(H) The board shall do both of the following:
(1) Review the rules that have been or are proposed to be
adopted under divisions (A)(2) and (B) of section 935.17 of the
Revised Code;
(2) Advise the director of agriculture on the administration
of this chapter and rules.
Sec. 935.99. (A) Whoever violates division (A), (B), (C),
(E), (F), or (G) of section 935.18 of the Revised Code is guilty
of a misdemeanor of the first degree on a first offense and a
felony of the fifth degree on each subsequent offense.
(B) Whoever violates division (D) of section 935.18 of the
Revised Code is guilty of a felony of the fifth degree.
Sec. 1533.71. (A) Unless otherwise provided by division
rule, any person desiring to engage in the business of raising and
selling game birds, game quadrupeds, reptiles, amphibians, or
fur-bearing animals in a wholly enclosed preserve of which the
person is the owner or lessee, or to have game birds, game
quadrupeds, reptiles, amphibians, or fur-bearing animals in
captivity, shall apply in writing to the division of wildlife for
a license to do so.
(B) The division, when it appears that the application is
made in good faith and upon the payment of the fee for each
license, may issue to the applicant any of the following licenses
that may be applied for:
(A)(1) "Commercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals in the wholly enclosed preserve
the location of which is stated in the license and the application
therefor, and to sell the propagated game birds, game quadrupeds,
reptiles, amphibians, or fur-bearing animals and ship them from
the state alive at any time, and permitting the licensee and the
licensee's employees to kill the propagated game birds, game
quadrupeds, or fur-bearing animals and sell the carcasses for food
subject to sections 1533.70 to 1533.80 of the Revised Code. The
fee for such a license is forty dollars per annum.
(B)(2) "Noncommercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals and to hold the animals in
captivity. Game birds, game quadrupeds, reptiles, amphibians, and
fur-bearing animals propagated or held in captivity by authority
of a noncommercial propagating license are for the licensee's own
use and shall not be sold. The fee for such a license is
twenty-five dollars per annum.
(C)(3) A free "raise to release license" permitting duly
organized clubs, associations, or individuals approved by the
division to engage in the raising of game birds, game quadrupeds,
or fur-bearing animals for release only and not for sale or
personal use.
(C) Except as provided by law, no person shall possess game
birds, game quadrupeds, or fur-bearing animals in closed season,
provided that municipal or governmental zoological parks are not
required to obtain the licenses provided for in this section.
All licenses issued under this section shall expire on the
fifteenth day of March of each year.
The chief of the division of wildlife shall pay all moneys
received as fees for the issuance of licenses under this section
into the state treasury to the credit of the fund created by
section 1533.15 of the Revised Code for the use of the division in
the purchase, preservation, and protection of wild animals and for
the necessary clerical help and forms required by sections 1533.70
to 1533.80 of the Revised Code.
(D) This section does not authorize the taking or the release
for taking of the following:
(1) Game birds, without first obtaining a commercial bird
shooting preserve license issued under section 1533.72 of the
Revised Code;
(2) Game or nonnative wildlife, without first obtaining a
wild animal hunting preserve license issued under section 1533.721
of the Revised Code.
(E) A license shall not be issued under this section to raise
or sell a dangerous wild animal or restricted snake as defined in
section 935.01 of the Revised Code.
Section 2. That existing section 1533.71 and section 2927.21
of the Revised Code are hereby repealed.
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