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Sub. S. B. No. 130 As Reported by the Senate Agriculture, Environment and Natural Resources CommitteeAs Reported by the Senate Agriculture, Environment and Natural Resources Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Lehner, Seitz, Skindell, Turner, Hite
A BILL
To amend sections 955.02, 955.10, 955.12, 955.20,
955.26, and 1901.183 and to enact sections 956.01
to 956.06 and 956.08 to 956.21 of the Revised Code
to regulate 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, 956.02,
956.03, 956.04, 956.05, 956.06, 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, and 956.21 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 956.18 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 agriculture 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 spayed or neutered dogs for adoption and charges reasonable
adoption fees approved by the director 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) "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.
(I) "Medical kennel for dogs" means a facility that is
maintained by a veterinarian and operated primarily for the
treatment of sick or injured dogs.
(J) "Pet store" means a retail store that sells dogs to the
public.
(K) "Puppy" means a dog that is under twelve months of age.
(L) "Research kennel for dogs" means a facility housing dogs
that is maintained exclusively for research purposes.
(M) "Veterinarian" means a veterinarian licensed under
Chapter 4741. of the Revised Code.
Sec. 956.02. 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. 956.03. The director of agriculture 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 (A)(2) of section 956.15 of the
Revised Code. The rules shall provide that background
investigations shall be conducted solely by the attorney general
on behalf of the director. 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) 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.
(E) 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 state 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.
(F) 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;
(G) Requirements and procedures that are necessary to
implement and enforce the requirements pertaining to pet stores
that are established in section 956.20 of the Revised Code;
(H)(1) A requirement that an in-state retailer 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
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 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, 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
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.
(I) 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;
(J) Requirements and procedures governing the registration of
litters under section 956.21 of the Revised Code;
(K) 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 rules adopted under this division.
(L) 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. However,
rules adopted under this division shall not establish additional
requirements and procedures governing animal rescues for dogs
other than those adopted under division (D) of this section.
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 agriculture in accordance with this section and
rules adopted under section 956.03 of the Revised Code.
(2) No license application fee shall be charged to an
applicant for a license under this section.
(3) 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 term of the license;
(3) Photographic evidence documenting the facilities where
dogs will be kept, housed, and maintained by the applicant. The
director 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.
An applicant shall specify whether the applicant is applying
for a license that is valid for a period of one year, three years,
or five years.
(D) During the month of December of the last year in which a
license is valid, 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 a period of one year, three years,
or five years. The person shall submit the application to the
director on or before the last day of November of the last year in
which a license is valid.
(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 agriculture in accordance with
this section and rules adopted under section 956.03 of the Revised
Code.
(2) No license application fee shall be charged to an
applicant for a license under this section.
(3) 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
agriculture 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. 956.08. No person operating a high volume breeder or
acting as or performing the functions of a dog retailer shall fail
to comply with the standards established by the commercial dog
breeding oversight board under section 956.19 of the Revised Code.
Sec. 956.09. The director of agriculture shall appoint
inspectors for the purpose of enforcing the requirements and
standards established under this chapter and rules adopted under
it and to act as authorized representatives of the director.
Inspectors shall serve at the pleasure of the director and shall
be employees of the department of agriculture. Inspectors may
issue citations and orders that are necessary to enforce this
chapter and rules adopted under it. The director shall provide
each inspector with an identifying badge and an official uniform.
An 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
agriculture 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 the standards of care established under
section 956.19 of the Revised Code. In addition, upon a complaint,
the director may inspect an animal rescue for dogs to ensure
compliance with this chapter. 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 director or the director's
authorized representative who is responsible for the inspection in
accordance with those rules.
Upon completion of an inspection of a high volume breeder,
the director or the director's authorized representative shall
rate the high volume breeder in accordance with the rating system
established under section 956.19 of the Revised Code. The director
or the director's authorized representative shall notify the high
volume breeder of the rating assigned to it.
(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 the director or the director's authorized representative
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
956.18 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 the director's authorized representative 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 agriculture 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 or dog retailer 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. In addition, the director
or the director's authorized representative may impound a dog that
is being kept by an animal rescue for dogs 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 director.
(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 be made only 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 director, 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 agriculture 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 agriculture 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 or personal service 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 be
appealed only 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 established in
rules adopted under section 956.03 of the Revised Code.
(2) A person who has violated any other provision of this
chapter or rules adopted under it, including the standards of care
established under section 956.19 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 agriculture, 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 agriculture 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 agriculture, 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, upon request of the witness following the
hearing, shall be paid from the money in the high volume breeder
kennel control license fund created in section 956.18 of the
Revised Code.
Sec. 956.17. The director of agriculture 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. 956.18. (A) All money collected by the director of
agriculture 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 fund shall also consist of money
appropriated to it.
(B) No money may be released from the fund without
controlling board approval. The commercial dog breeding oversight
board created in section 956.19 of the Revised Code shall request
the controlling board to release money in an amount not to exceed
two million five hundred thousand dollars per biennium.
(C) The director shall do both of the following:
(1) Request the director of budget and management to, and the
director of budget and management shall, transfer money to each
county's dog and kennel fund established in section 955.20 of the
Revised Code in accordance with a formula established by the
director of agriculture in rules adopted in accordance with
Chapter 119. of the Revised Code;
(2) Use the remainder of the money in the fund for the
purpose of administering this chapter and rules adopted under it.
Sec. 956.19. (A) There is hereby created in the department
of agriculture the commercial dog breeding oversight board
consisting of all of the following members:
(1) The state veterinarian in the department of agriculture;
(2) The following six members appointed by the director of
agriculture, with the advice and consent of the senate:
(a) One member representing a county humane society
established under Chapter 1717. of the Revised Code;
(b) One member who is a county dog warden;
(c) One member who is a veterinarian;
(d) One member representing animal rescues for dogs in this
state;
(e) One member who is a member of a professional dog breeding
association in this state;
(f) 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. Of the
initial appointments, two shall be for one-year terms, two shall
be for two-year terms, and two shall be for three-year terms.
Thereafter, terms of office of appointed members 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 director 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.
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. The
oversight and evaluation may include, but not be limited to, a
determination of whether this chapter and rules adopted under it
and the administration and enforcement of this chapter and rules
adopted under it by the director 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
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 director for the purposes of this
chapter and may interview inspectors employed by the director to
enforce this chapter and rules adopted under it. The board, by the
thirty-first day of December each year, shall issue a report of
its findings and submit it to the director, the president of the
senate, and the speaker of the house of representatives.
(D) For purposes of section 956.08 of the Revised Code, the
board shall establish standards governing all of the following:
(5) Biosecurity and disease control;
(8) Any other general standards of care for dogs.
(E) In establishing the standards under division (D) of this
section, the board shall consider the following factors:
(1) Best management practices for the care and well-being of
dogs;
(3) The prevention of disease;
(4) Morbidity and mortality data;
(5) Generally accepted veterinary medical standards and
ethical standards established by the American veterinary medical
association.
(F) The board shall establish a system for rating high volume
breeders licensed under this chapter. Ratings shall be based on
compliance with this chapter and rules adopted and standards
established under it. The board shall determine criteria to be
used in establishing ratings.
Sec. 956.20. (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
department of agriculture.
(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 agriculture or the director's authorized
representative shall enforce divisions (A) to (D) of this section.
Inspectors employed by the director for the purposes of this
chapter 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. 956.21. 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 agriculture in accordance with rules adopted under
section 956.03 of the Revised Code. This section does not apply to
an animal rescue for dogs or an animal shelter for dogs.
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 956.18 of the Revised Code to
enable the Director of Agriculture to begin administering Chapter
956. of the Revised Code and rules adopted under it.
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