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S. B. No. 130 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Lehner, Seitz, Skindell, Turner
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 956.20, 956.98, and 956.99 of
the Revised Code to establish licensing
requirements and standards of care for certain dog
breeding kennels, dog retailers, 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, 956.09,
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 high
volume breeder 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 one 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 one
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 one 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.
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 such as a dog pound operated by a
municipal corporation, or by a county under Chapter 955. of the
Revised Code, or 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) "High volume breeder" means an establishment that keeps,
houses, and maintains adult breeding dogs that produce at least
nine litters of puppies in any given calendar year and, in return
for a fee or other consideration, sells sixty or more adult dogs
or puppies per calendar year.
(G) "Dog retailer" means a person who buys, sells, or offers
to sell dogs at wholesale for resale to another or who sells or
gives one or more dogs to a pet store annually. "Dog retailer"
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, a pet store, 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, animal shelters for dogs that are operated by a municipal
corporation, or by a county under Chapter 955. of the Revised
Code, 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
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 high volume
breeders, including the licensing and inspection of and record
keeping by high volume breeders, in addition to the requirements
and procedures established in this chapter. The rules shall
require that a high volume breeder be assigned a license number
and that a high volume breeder 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.
(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 dog retailers,
including the licensing of and record keeping by dog retailers, in
addition to the requirements and procedures established in this
chapter. The rules shall require that a dog retailer be assigned a
license number and that a dog retailer 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 high volume breeder submit to the
director, with an application for a high volume breeder 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 high volume breeders keeping,
housing, and maintaining not more than twenty-five adult dogs;
(2) Ten thousand dollars for high volume breeders keeping,
housing, and maintaining at least twenty-six adult dogs, but not
more than fifty adult dogs;
(3) Fifty thousand dollars for high volume breeders 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 high
volume breeder license for the purpose of paying for the
maintenance and care of dogs that are seized or otherwise
impounded from the high volume breeder 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 high volume
breeders, dog retailers, 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 breeders,
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 high volume breeder or a dog
retailer who advertises the sale of a puppy or adult dog include
with the advertisement the vendor number assigned by the tax
commissioner to the high volume breeder or to the dog retailer 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 high volume breeder and a
licensed dog retailer 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 director 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 high volume
breeder in this state without a high volume breeder 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 high volume breeder in accordance
with this chapter and rules adopted under it.
(B) In determining whether an establishment is a high volume
breeder requiring a license under this chapter, the director shall
determine if, in any given year, the establishment is a high
volume breeder 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 high volume breeder. 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 high volume
breeder shall submit an application for a license to the director
at least ninety days before commencing operation of the high
volume breeder. 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 high volume breeder shall obtain a license for
the high volume breeder 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 high volume breeder that is in
operation on the effective date of this section shall submit to
the director an application for a high volume breeder 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 high volume breeder, 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 high volume breeder 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 high volume breeder that is the subject
of the application complies with the standards of care and other
standards established under this chapter.
Sec. 956.05. (A)(1) No person shall act as or perform the
functions of a dog retailer in this state without a dog retailer
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 dog retailer 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 dog retailer 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 dog
retailer 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 dog retailer on the effective date of this section shall submit
to the director an application for a dog retailer 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.
Sec. 956.06. 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.
Sec. 956.07. (A) A person who is applying for a license to
operate a high volume breeder or to act as or perform the
functions of a dog retailer 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. For the
purpose of calculating the application fee for a high volume
breeder, the sale of one dog from a litter constitutes the sale of
a litter. The application fees are as follows:
(1) For a high volume breeder:
(a) One hundred fifty dollars if the high volume breeder
annually sells at least nine, but not more than fifteen litters;
(b) Two hundred fifty dollars if the high volume breeder
annually produce at least sells at least sixteen, but not more
than twenty-five litters;
(c) Three hundred fifty dollars if the high volume breeder
annually sells at least twenty-six, but not more than thirty-five
litters;
(d) Five hundred dollars if the high volume breeder annually
sells at least thirty-six, but not more than forty-five litters;
(e) Seven hundred fifty dollars if the high volume breeder
annually sells forty-six or more litters.
(2) For a dog retailer, 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 high volume breeder 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 high
volume breeder is or will be located fifty dollars of the
application fee received from the person who is applying for a
license to operate the high volume breeder or an amount equal to
the fee charged 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 high volume breeder or
acting as or performing the functions of a dog retailer or animal
rescue for dogs 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 with
any dog exhibiting vicious or aggressive behavior. Any dog
exhibiting vicious or aggressive behavior shall be housed
separately to avoid injury to other dogs.
(C) Keep or confine more than three adult dogs in one
enclosure, crate, or cage;
(D) Keep or confine a female dog that is nursing in an
enclosure, crate, or cage with another adult dog;
(E) Keep or confine a dog in an enclosure, crate, or cage
without access to either natural or artificial light during
daytime hours;
(F) 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;
(G) 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;
(H) 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.
(I) 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;
(J) 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;
(K) 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. If a nonporous surface that is made of metal is
used as flooring in the enclosure, crate, or cage, sufficient
straw or soft bedding shall be added to offer protection to the
dog.
(L) Keep or confine a dog in an enclosure, crate, or cage in
unsanitary conditions. Hard surfaces used by dogs shall be
spot-cleaned daily and sanitized at least once every two weeks to
prevent the accumulation of dirt, debris, food waste, excreta, and
other disease hazards.
(M) 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;
(N) Keep or confine a dog in an enclosure, crate, or cage
without adequate ventilation to minimize odors, drafts, and
ammonia levels and to prevent the condensation of moisture;
(O) Keep or confine a dog in an enclosure, crate, or cage
without providing shelter from the elements;
(P) Keep or confine a dog in an outdoor run or kennel where
shade is not provided during the months of May through September;
(Q) 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;
(R) 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 birds, 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.
(S) Fail to provide a dog with sufficient interaction with
other dogs. The opportunity for interaction shall allow the dog to
move relative to age, breed, sex, and reproductive status and
shall take place separately from the primary enclosure in an area
that is clean and free of pests and vermin and that will prevent
escape. Dogs in activity groups shall be compatible and free of
infectious disease.
(T) 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;
(U) Fail to provide a dog with appropriate veterinary care
and treatment for any disease, illness, or injury;
(V) Fail to provide all bitches with a clean, appropriate
whelping box to securely house their puppies during whelping. The
whelping box shall be designed so that the bitch can lay fully
recumbent, stand, turn around, and have some freedom of movement.
No other animals shall inhabit the whelping box besides the bitch
and puppies.
(W) Fail to trim an adult dog's nails so that there is
curling or an impairment of the dog's gait;
(X) Fail to provide regular care to a dog to prevent matting
of fur from fecal matter or bodily fluids;
(Y) Fail to provide a dog with appropriate protection from
ectopic parasites or treatment for worms if the dog is so
afflicted;
(Z) Fail to provide an adult dog with appropriate
vaccinations as determined by the dog's veterinarian;
(AA) Fail to provide each puppy that is three months of age
or older with appropriate phase-in booster vaccines as recommended
by a veterinarian;
(BB) Fail to provide heartworm preventative to a breeding dog
as determined by the dog's veterinarian;
(CC) 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;
(DD) Beat or brutalize a dog within the person's custody or
control;
(EE) Breed a female dog that has not had a physical
examination from a veterinarian in the last twelve months before
breeding;
(FF) 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
veterinarian.
(GG) Fail to prepare and implement a plan for the disposal of
waste that is generated by dogs at the kennel;
(HH) Keep a dog in an enclosure, crate, or cage that includes
exposed metal caging without a protective plastic or rubber
coating.
Divisions (A), (E), (F), (H), (I), (K), and (O) of this
section do not apply during the temporary transportation of a dog
from one location to another location.
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 high volume breeder 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 dog retailer 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 may be 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
appropriate court in the county in which inspection will occur for
an appropriate court order or search warrant as necessary to
achieve the purposes of this chapter and rules adopted under it.
(C) No owner or operator of a high volume breeder, person
acting as or performing the functions of a dog retailer, 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 high volume breeder, dog
retailer, or animal rescue for dogs, the director may suspend or
revoke the breeder's, retailer'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 court order or
search warrant was issued 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 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
high volume breeder 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 high
volume breeder, dog retailer, 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 high volume
breeder, the person acting as or performing the functions of a dog
retailer, 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.
(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 board of county commissioners, 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, county dog
pound, 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, county dog pound,
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.
Impounded dogs shall be returned to persons acquitted of any
alleged violations.
Sec. 956.12. If the director of the kennel control authority
or the director's authorized representative determines that a
person has violated or is violating 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 that
constitute a violation of this chapter or rules adopted under it
or requiring the person to take corrective actions to eliminate
the conditions that 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 have been violated and the facts
constituting the 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 or division (A)(1) of section 956.05 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 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 or is violating 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 appropriate court in the county in which the
violation is alleged to have occurred. The court shall grant such
injunctive relief upon a showing that the person against whom the
action is brought has violated or is violating 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 may deny an application for a license that is submitted
under section 956.04, 956.05, or 956.06 of the Revised Code for
either of the following reasons:
(1) The applicant for the license has violated any provision
of this chapter or a rule adopted under it if the violation
materially threatens the health or welfare of a dog.
(2) The applicant, in the past twenty years, 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, in the past twenty years, 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.
(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 if the violation materially
threatens the health and welfare of a dog.
(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 high volume breeder 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) One member 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 high volume breeders or dog
retailers;
(5) One member who is a member in good standing of a national
breed parent club of the American kennel club;
(6) One member who is licensed under this chapter as a high
volume breeder;
(7) 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
before 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 record of veterinary examination that states that the
dog presents no evidence of disease or physical deformity 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 high volume breeder where the dog
was kept, housed, and maintained, and the dog retailer 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 to be limited to not
more than five hundred dollars. The pet store also is liable for
reasonable 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 divisions (A)
to (D) of this section. Kennel control enforcement inspectors may
make inspections of pet stores for the purpose of enforcing those
divisions.
(G) A purchaser shall commence any action necessary to
recover damages specified in division (E) of this section within
two years from the date of purchase of a dog.
Sec. 956.20. No high volume breeder 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, to hear appeals from adjudication
hearings conducted under Chapter 956. of the Revised Code.
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 High Volume Breeder 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.
Section 4. Notwithstanding the requirements for licensure for
two members of the Kennel Control Authority Board created in
section 956.18 of the Revised Code, for the initial appointments
of those members it is sufficient that the appointees apply for
the requisite licensure within thirty days after their
appointments are made. Their continued membership on the Board is
contingent upon the satisfactory completion of the application
process and receipt of the requisite license from the director of
the Kennel Control Authority. An inability to obtain approval for
licensure shall render the office vacant. All subsequent members
who are required to have a license shall be licensed, or be in the
process of renewing the license, before being appointed to the
Board.
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