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H. B. No. 541 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Winburn, Blair
A BILL
To amend sections 109.73, 955.11, 955.12, 955.22,
955.222, and 955.99 and to enact sections 955.13,
955.223, and 955.60 of the Revised Code to revise
provisions of the Dogs Law governing nuisance,
dangerous, and vicious dogs and confinement and
restraint of dogs, to revise enforcement of that
Law, to require the Attorney General to establish
a registry of violations of that Law and related
complaints, and to establish a notification
process regarding complaints.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73, 955.11, 955.12, 955.22,
955.222, and 955.99 be amended and sections 955.13, 955.223, and
955.60 of the Revised Code be enacted to read as follows:
Sec. 109.73. (A) The Ohio peace officer training commission
shall recommend rules to the attorney general with respect to all
of the following:
(1) The approval, or revocation of approval, of peace officer
training schools administered by the state, counties, municipal
corporations, public school districts, technical college
districts, and the department of natural resources;
(2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state, county,
municipal, and department of natural resources peace officer
training schools;
(3) Minimum qualifications for instructors at approved state,
county, municipal, and department of natural resources peace
officer training schools;
(4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements shall
include training in the handling of the offense of domestic
violence, other types of domestic violence-related offenses and
incidents, and protection orders and consent agreements issued or
approved under section 2919.26 or 3113.31 of the Revised Code;
crisis intervention training; and training in the handling of
missing children and child abuse and neglect cases; and training
in handling violations of section 2905.32 of the Revised Code; and
the time within which such basic training shall be completed
following appointment to a probationary term;
(5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include training in the handling of the offense
of domestic violence, other types of domestic violence-related
offenses and incidents, and protection orders and consent
agreements issued or approved under section 2919.26 or 3113.31 of
the Revised Code, crisis intervention training, and training in
the handling of missing children and child abuse and neglect
cases, and training in handling violations of section 2905.32 of
the Revised Code, and the time within which such basic training
shall be completed following appointment on other than a permanent
basis;
(6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and in handling violations of section 2905.32 of
the Revised Code, and minimum courses of study and attendance
requirements with respect to such categories or classifications;
(7) Permitting persons, who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code; who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; who are appointed and commissioned as
bank, savings and loan association, savings bank, credit union, or
association of banks, savings and loan associations, savings
banks, or credit unions police officers, as railroad police
officers, or as hospital police officers pursuant to sections
4973.17 to 4973.22 of the Revised Code; or who are appointed and
commissioned as amusement park police officers pursuant to section
4973.17 of the Revised Code, to attend approved peace officer
training schools, including the Ohio peace officer training
academy, and to receive certificates of satisfactory completion of
basic training programs, if the private college or university that
established the campus police department; qualified nonprofit
corporation police department; bank, savings and loan association,
savings bank, credit union, or association of banks, savings and
loan associations, savings banks, or credit unions; railroad
company; hospital; or amusement park sponsoring the police
officers pays the entire cost of the training and certification
and if trainee vacancies are available;
(8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification;
(9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state and
for criminal investigators employed by the state public defender
that those persons shall complete before they may carry a firearm
while on duty;
(b) The requirements for any training received by a bailiff
or deputy bailiff of a court of record of this state or by a
criminal investigator employed by the state public defender prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section.
(10) Establishing minimum qualifications and requirements for
certification for dogs utilized by law enforcement agencies;
(11) Establishing minimum requirements for certification of
persons who are employed as correction officers in a full-service
jail, five-day facility, or eight-hour holding facility or who
provide correction services in such a jail or facility;
(12) Establishing requirements for the training of agents of
a county humane society under section 1717.06 of the Revised Code,
including, without limitation, a requirement that the agents
receive instruction on traditional animal husbandry methods and
training techniques, including customary owner-performed
practices;
(13) Establishing requirements for the training of dog
wardens and deputies for the purposes of division (E) of section
955.12 of the Revised Code.
(B) The commission shall appoint an executive director, with
the approval of the attorney general, who shall hold office during
the pleasure of the commission. The executive director shall
perform such duties assigned by the commission. The executive
director shall receive a salary fixed pursuant to Chapter 124. of
the Revised Code and reimbursement for expenses within the amounts
available by appropriation. The executive director may appoint
officers, employees, agents, and consultants as the executive
director considers necessary, prescribe their duties, and provide
for reimbursement of their expenses within the amounts available
for reimbursement by appropriation and with the approval of the
commission.
(C) The commission may do all of the following:
(1) Recommend studies, surveys, and reports to be made by the
executive director regarding the carrying out of the objectives
and purposes of sections 109.71 to 109.77 of the Revised Code;
(2) Visit and inspect any peace officer training school that
has been approved by the executive director or for which
application for approval has been made;
(3) Make recommendations, from time to time, to the executive
director, the attorney general, and the general assembly regarding
the carrying out of the purposes of sections 109.71 to 109.77 of
the Revised Code;
(4) Report to the attorney general from time to time, and to
the governor and the general assembly at least annually,
concerning the activities of the commission;
(5) Establish fees for the services the commission offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and testing;
(6) Perform such other acts as are necessary or appropriate
to carry out the powers and duties of the commission as set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12)
of this section, the commission may consider any portions of the
curriculum for instruction on the topic of animal husbandry
practices, if any, of the Ohio state university college of
veterinary medicine. No person or entity that fails to provide
instruction on traditional animal husbandry methods and training
techniques, including customary owner-performed practices, shall
qualify to train a humane agent for appointment under section
1717.06 of the Revised Code.
Sec. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation,
and subject to division (A)(1)(b) of this section, has done any of
the following:
(i) Caused injury, other than killing or serious injury,
other than killing, to any person;
(ii) Killed another dog Caused injury or serious injury,
other than killing, to any companion animal;
(iii) Been the subject of a third or subsequent violation of
division (C) of section 955.22 of the Revised Code.
(b) "Dangerous dog" does not include a either of the
following:
(i) A police dog that has caused injury, other than killing
or serious injury, other than killing, to any person or has killed
another dog any companion animal while the police dog is being
used to assist one or more law enforcement officers in the
performance of their official duties;
(ii) A dog that has caused injury or serious injury to any
person while a person was committing or attempting to commit a
trespass or other criminal offense on the property of the owner,
keeper, or harborer of the dog.
(2) "Menacing fashion" means that a dog would cause any
person being chased or approached to reasonably believe that the
dog will cause physical injury to that person.
(3)(a) Subject to division (A)(3)(b) of this section,
"nuisance Nuisance dog" means a dog that without provocation and
while off the premises of its owner, keeper, or harborer has
chased or approached a person in either a menacing fashion or an
apparent attitude of attack or has attempted to bite or otherwise
endanger any person.
(b) "Nuisance dog" does not include a police dog that while
being used to assist one or more law enforcement officers in the
performance of official duties has chased or approached a person
in either a menacing fashion or an apparent attitude of attack or
has attempted to bite or otherwise endanger any person.
(4) "Police dog" means a dog that has been trained, and may
be used, to assist one or more law enforcement officers in the
performance of their official duties.
(5) "Serious injury" means any of the following:
(a) Any physical harm that carries a substantial risk of
death;
(b) Any physical harm that involves a permanent incapacity,
whether partial or total, or a temporary, substantial incapacity;
(c) Any physical harm that involves a permanent disfigurement
or a temporary, serious disfigurement;
(d) Any physical harm that involves acute pain of a duration
that results in substantial suffering or any degree of prolonged
or intractable pain.
(6)(a) "Vicious dog" means a dog that, without provocation
and subject to division (A)(6)(b) of this section, has killed or
caused serious injury to any person or any companion animal.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to
any person or companion animal while the police dog is being used
to assist one or more law enforcement officers in the performance
of their official duties;
(ii) A dog that has killed or caused serious injury to any
person or companion animal while a person was committing or
attempting to commit a trespass or other criminal offense on the
property of the owner, keeper, or harborer of the dog.
(7) "Without provocation" means that a dog was not teased,
tormented, or abused by a person, or that the dog was not coming
to the aid or the defense of a person who was not engaged in
illegal or criminal activity and who was not using the dog as a
means of carrying out such activity "Companion animal" has the
same meaning as in section 959.131 of the Revised Code.
(B) Upon the transfer of ownership of any dog, the seller of
the dog shall give the buyer a transfer of ownership certificate
that shall be signed by the seller. The certificate shall contain
the registration number of the dog, the name of the seller, and a
brief description of the dog. Blank forms of the certificate may
be obtained from the county auditor. A transfer of ownership shall
be recorded by the auditor upon presentation of a transfer of
ownership certificate that is signed by the former owner of a dog
and that is accompanied by a fee of five dollars.
(C) Prior to the transfer of ownership or possession of any
dog, upon the buyer's or other transferee's request, the seller or
other transferor of the dog shall give to the person a written
notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or
possession of any dog, if the seller or other transferor of the
dog has knowledge that the dog is a dangerous dog, the seller or
other transferor shall give to the buyer or other transferee, the
board of health for the district in which the buyer or other
transferee resides, and the dog warden of the county in which the
buyer or other transferee resides, a completed copy of a written
form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of
the dog;
(2) The age, sex, color, breed, and current registration
number of the dog.
In addition, the seller shall answer the following questions,
which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
"Has the dog ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If
yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides
shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to
comply with the applicable requirements of divisions (B) to (D) of
this section.
Sec. 955.12. (A) Except as provided in section 955.121 of
Revised Code, a 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 955.53 955.60 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.
(B) 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 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.
(C) 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.
(D) 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.
(E) The wardens and deputies shall have the same police
powers, including the authority to make arrests, 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, and 955.60 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.
(F) 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 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.
(G) As used in this section, "animal" has the same meaning as
in section 955.51 of the Revised Code.
Sec. 955.13. (A) The attorney general shall establish and
maintain a registry of violations of this chapter and of
complaints regarding possible violations of it. The attorney
general shall make the registry available to the following
persons:
(1) State and local law enforcement officers;
(2) State and local humane society agents;
(3) Dog wardens and deputies.
(B) The registry shall include all of the following:
(1) Information regarding a dog that is the subject of a
violation or complaint, including the dog's breed, color, hair
type, gender, registration number, and name;
(2) Information regarding the owner of a dog identified under
division (B)(1) of this section, including the owner's name,
address, gender, and date of birth;
(3) Details of a complaint regarding a possible violation of
this chapter, if applicable;
(4) Details of a violation of this chapter, if applicable,
including the name, address, gender, and date of birth of any
victim of the violation;
(5) A description of any enforcement action taken;
(6) Any additional information that the attorney general
considers necessary.
(C) A person specified in division (A) of this section that
becomes aware of a violation of this chapter or of a complaint
regarding a possible violation of it shall enter into the registry
established under that division the information specified in
division (B) of this section regarding the violation or complaint.
Sec. 955.22. (A) As used in this section, "dangerous dog"
has the same meaning as in section 955.11 of the Revised Code.
(B) No owner, keeper, or harborer of any female dog shall
permit it the dog to go beyond the premises of the owner, keeper,
or harborer at any time the dog is in heat unless the dog is
properly in leash.
(C) Except when a dog is lawfully engaged in hunting and
accompanied by the owner, keeper, harborer, or handler of the dog,
no owner, keeper, or harborer of any dog shall fail at any time to
do either of the following:
(1) Keep keep the dog physically confined or restrained upon
the premises of the owner, keeper, or harborer by a leash, tether,
adequate fence, supervision, or secure enclosure to prevent
escape;
(2) Keep the dog under the reasonable control of some person.
(D) Except when a dangerous dog is lawfully engaged in
hunting or training for the purpose of hunting and is accompanied
by the owner, keeper, harborer, or handler of the dog, no owner,
keeper, or harborer of a dangerous dog shall fail to do either of
the following:
(1) While that dog is on the premises of the owner, keeper,
or harborer, securely confine it at all times in a locked pen that
has a top, locked fenced yard, or other locked enclosure that has
a top;
(2) While that dog is off the premises of the owner, keeper,
or harborer, keep that dog on a chain-link leash or tether that is
not more than six feet in length and additionally do at least one
of the following:
(a) Keep that dog in a locked pen that has a top, locked
fenced yard, or other locked enclosure that has a top;
(b) Have the leash or tether controlled by a person who is of
suitable age and discretion or securely attach, tie, or affix the
leash or tether to the ground or a stationary object or fixture so
that the dog is adequately restrained and station such a person in
close enough proximity to that dog so as to prevent it from
causing injury to any person;
(E) No person who has been convicted of or pleaded guilty to
three or more violations of division (C) of this section involving
the same dog and no owner, keeper, or harborer of a dangerous dog
shall fail to do the following:
(1) Obtain liability insurance with an insurer authorized to
write liability insurance in this state providing coverage in each
occurrence because of damage or bodily injury to or death of a
person caused by the dangerous dog if so ordered by a court and
provide proof of that liability insurance upon request to any law
enforcement officer, county dog warden, or public health official
charged with enforcing this section;
(2) Obtain a dangerous dog registration certificate from the
county auditor pursuant to division (I) of this section, affix a
tag that identifies the dog as a dangerous dog to the dog's
collar, and ensure that the dog wears the collar and tag at all
times;
(3) Notify the local dog warden immediately if any of the
following occurs:
(a) The dog is loose or unconfined.
(b) The dog bites a person, unless the dog is on the property
of the owner of the dog, and the person who is bitten is
unlawfully trespassing or committing a criminal act within the
boundaries of that property.
(c) The dog attacks another animal while the dog is off the
property of the owner of the dog.
(4) If the dog is sold, given to another person, or dies,
notify the county auditor within ten days of the sale, transfer,
or death.
(F) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows
or has reason to believe is a dangerous dog;
(2) Possess a dangerous dog if the person knows or has reason
to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the
veterinarian under division (G) of this section that the person's
dog is not a dangerous dog or otherwise provide false information
on that written waiver form.
(G) Before a veterinarian debarks or surgically silences a
dog, the veterinarian may give the owner of the dog a written
waiver form that attests that the dog is not a dangerous dog. The
written waiver form shall include all of the following:
(1) The veterinarian's license number and current business
address;
(2) The number of the license of the dog if the dog is
licensed;
(3) A reasonable description of the age, coloring, and gender
of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the
owner's dog is not a dangerous dog;
(5) A statement that division (F) of section 955.22 of the
Revised Code prohibits any person from doing any of the following:
(a) Debarking or surgically silencing a dog that the person
knows or has reason to believe is a dangerous dog;
(b) Possessing a dangerous dog if the person knows or has
reason to believe that the dog has been debarked or surgically
silenced;
(c) Falsely attesting on a waiver form provided by the
veterinarian under division (G) of section 955.22 of the Revised
Code that the person's dog is not a dangerous dog or otherwise
provide false information on that written waiver form.
(H) It is an affirmative defense to a charge of a violation
of division (F) of this section that the veterinarian who is
charged with the violation obtained, prior to debarking or
surgically silencing the dog, a written waiver form that complies
with division (G) of this section and that attests that the dog is
not a dangerous dog.
(I)(1) The county auditor shall issue a dangerous dog
registration certificate to a person who is the owner of a dog,
who is eighteen years of age or older, and who provides the
following to the county auditor:
(a) A fee of fifty dollars;
(b) The person's address, phone number, and other appropriate
means for the local dog warden or county auditor to contact the
person;
(c) With respect to the person and the dog for which the
registration is sought, all of the following:
(i) Either satisfactory evidence of the dog's current rabies
vaccination or a statement from a licensed veterinarian that a
rabies vaccination is medically contraindicated for the dog;
(ii) Either satisfactory evidence of the fact that the dog
has been neutered or spayed or a statement from a licensed
veterinarian that neutering or spaying of the dog is medically
contraindicated;
(iii) Satisfactory evidence of the fact that the person has
posted and will continue to post clearly visible signs at the
person's residence warning both minors and adults of the presence
of a dangerous dog on the property;
(iv) Satisfactory evidence of the fact that the dog has been
permanently identified by means of a microchip and the dog's
microchip number.
(2) Upon the issuance of a dangerous dog registration
certificate to the owner of a dog, the county auditor shall
provide the owner with a uniformly designed tag that identifies
the animal as a dangerous dog. The owner shall renew the
certificate annually for the same fee and in the same manner as
the initial certificate was obtained. If a certificate holder
relocates to a new county, the certificate holder shall follow the
procedure in division (I)(3)(b) of this section and, upon the
expiration of the certificate issued in the original county, shall
renew the certificate in the new county.
(3)(a) If the owner of a dangerous dog for whom a
registration certificate has previously been obtained relocates to
a new address within the same county, the owner shall provide
notice of the new address to the county auditor within ten days of
relocating to the new address.
(b) If the owner of a dangerous dog for whom a registration
certificate has previously been obtained relocates to a new
address within another county, the owner shall do both of the
following within ten days of relocating to the new address:
(i) Provide written notice of the new address and a copy of
the original dangerous dog registration certificate to the county
auditor of the new county;
(ii) Provide written notice of the new address to the county
auditor of the county where the owner previously resided.
(4) The owner of a dangerous dog shall present the dangerous
dog registration certificate upon being requested to do so by any
law enforcement officer, dog warden, or public health official
charged with enforcing this section.
(5) The fees collected pursuant to this division shall be
deposited in the dog and kennel fund of the county.
Sec. 955.222. (A) The municipal court or county court that
has territorial jurisdiction over the residence of the owner,
keeper, or harborer of a dog shall conduct any hearing concerning
the designation of the dog as a nuisance dog, dangerous dog, or
vicious dog.
(B) If a person who is authorized to enforce this chapter has
reasonable cause to believe that a dog in the person's
jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the
person shall notify the owner, keeper, or harborer of that dog, by
certified mail or in person, of both of the following:
(1) That the person has designated the dog a nuisance dog,
dangerous dog, or vicious dog, as applicable;
(2) That the owner, keeper, or harborer of the dog may
request a hearing regarding the designation in accordance with
this section. The notice shall include instructions for filing a
request for a hearing in the county in which the dog's owner,
keeper, or harborer resides.
(C) If the owner, keeper, or harborer of the dog disagrees
with the designation of the dog as a nuisance dog, dangerous dog,
or vicious dog, as applicable, the owner, keeper, or harborer, not
later than ten days after receiving notification of the
designation, may request a hearing regarding the determination.
The request for a hearing shall be in writing and shall be filed
with the municipal court or county court that has territorial
jurisdiction over the residence of the dog's owner, keeper, or
harborer. At the hearing, the person who designated the dog as a
nuisance dog, dangerous dog, or vicious dog has the burden of
proving, by clear and convincing evidence, that the dog is a
nuisance dog, dangerous dog, or vicious dog.
The owner, keeper, or harborer of the dog or the person who
designated the dog as a nuisance dog, dangerous dog, or vicious
dog may appeal the court's final determination as in any other
case filed in that court.
(D) A court, upon motion of an owner, keeper, or harborer or
an attorney representing the owner, keeper, or harborer, may order
that the dog designated as a nuisance dog, dangerous dog, or
vicious dog be held in the possession of the owner, keeper, or
harborer until the court makes a final determination under this
section or during the pendency of an appeal, as applicable. Until
the court makes a final determination and during the pendency of
any appeal, the dog shall be confined or restrained in accordance
with the provisions of division (D) of section 955.22 of the
Revised Code that apply to dangerous dogs regardless of whether
the dog has been designated as a vicious dog or a nuisance dog
rather than a dangerous dog. The owner, keeper, or harborer of the
dog shall not be required to comply with any other requirements
established in the Revised Code that concern a nuisance dog,
dangerous dog, or vicious dog, as applicable, until the court
makes a final determination and during the pendency of any appeal.
(E) It is an affirmative defense to the designation of a dog
as a nuisance dog, dangerous dog, or vicious dog that the dog was
teased, tormented, or abused by a person or that the dog was
coming to the aid or defense of a person who was not engaged in
illegal or criminal activity and who was not using the dog as a
means of carrying out such activity.
(F) If a dog is finally determined under this section, or on
appeal as described in this section, to be a vicious dog, division
(D) of section 955.11 and divisions (D) to (I) of section 955.22
of the Revised Code apply with respect to the dog and the owner,
keeper, or harborer of the dog as if the dog were a dangerous dog,
and section 955.54 of the Revised Code applies with respect to the
dog as if it were a dangerous dog, and the court shall issue an
order that specifies that those provisions apply with respect to
the dog and the owner, keeper, or harborer in that manner. As part
of the order, the court shall require the owner, keeper, or
harborer to obtain the liability insurance required under division
(E)(1) of section 955.22 of the Revised Code in an amount
described in division (H)(2) of section 955.99 of the Revised Code
the court shall order the dog to be humanely destroyed by a
licensed veterinarian, the county dog warden, or the county humane
society at the owner's expense.
(F)(G) As used in this section, "nuisance dog," "dangerous
dog," and "vicious dog" have the same meanings as in section
955.11 of the Revised Code.
Sec. 955.223. (A) In a prosecution for a violation of
division (C) of section 955.22 of the Revised Code in which a dog
has caused injury or serious injury to or the death of a person or
companion animal, any of the following may be asserted as an
affirmative defense, as applicable:
(1) The dog was teased, tormented, or abused by a person.
(2) The dog was coming to the aid or defense of a person who
was not engaged in illegal or criminal activity and who was not
using the dog as a means of carrying out such activity.
(3) The dog caused injury or serious injury to a person or
killed a person while the person was committing or attempting to
commit a trespass or other criminal offense on the property of the
owner, keeper, or harborer of the dog.
(B) As used in this section:
(1) "Serious injury" has the same meaning as in section
955.11 of the Revised Code.
(2) "Companion animal" has the same meaning as in section
959.131 of the Revised Code.
Sec. 955.60. (A) Any person authorized to enforce this
chapter shall investigate any complaint that indicates a possible
violation of any provision of this chapter involving a dog.
(B) If, after investigating an alleged violation of this
chapter under division (A) of this section, an authorized person
does not cite a person for or charge a person with a violation,
the authorized person shall notify, in accordance with division
(C) of this section, the owner, keeper, or harborer of the dog
that there has been a complaint regarding the dog and that the
authorized person investigated a possible violation. The notice
shall specify all of the following:
(1) A citation to the provision or provisions of law a
possible violation of which the authorized person investigated;
(2) Contact information for the authorized person;
(3) A requirement that the owner, keeper, or harborer of the
dog respond to the authorized person indicating that the owner,
keeper, or harborer has received the notice.
(C) The authorized person shall post the notice on the door
of the dwelling at which the dog resides within twenty-four hours
of the authorized person's investigation. The owner, keeper, or
harborer of the dog shall respond within forty-eight hours to the
authorized person via e-mail, facsimile, telephone, or social
media correspondence, indicating that the owner, keeper, or
harborer has received the notice. If the owner, keeper, or
harborer of the dog responds within a reasonable time after the
forty-eight hour period, the person is not subject to division
(D)(1) of this section, provided that the response is accompanied
with a reasonable explanation of why the forty-eight-hour response
deadline was not met.
(D) If the owner, keeper, or harborer of the dog does not
respond within:
(1) Forty-eight hours or does not respond within a reasonable
time from the time the notice is posted as provided in division
(C) of this section, the owner, keeper, or harborer of the dog
shall be fined twenty-five dollars;
(2) Ninety-six hours, the owner, keeper, or harborer of the
dog shall be fined forty dollars;
(3) Seven days, a court may issue a summons or warrant for
the arrest of the owner, keeper, or harborer of the dog.
Sec. 955.99. (A)(1) Whoever violates division (E) of section
955.11 of the Revised Code because of a failure to comply with
division (B) of that section is guilty of a minor misdemeanor.
(2) Whoever violates division (E) of section 955.11 of the
Revised Code because of a failure to comply with division (C) or
(D) of that section is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(B) Whoever violates section 955.10, 955.23, 955.24, or
955.25 of the Revised Code is guilty of a minor misdemeanor.
(C) Whoever violates section 955.261, 955.39, or 955.50 of
the Revised Code is guilty of a minor misdemeanor on a first
offense and of a misdemeanor of the fourth degree on each
subsequent offense.
(D) Whoever violates division (F) of section 955.16 or
division (B) of section 955.43 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(E)(1) Whoever violates section 955.21 of the Revised Code,
violates division (B) of section 955.22 of the Revised Code, or
commits a violation of division (C) of section 955.22 of the
Revised Code that involves a dog that is not a nuisance dog,
dangerous dog, or vicious dog shall be fined not less than
twenty-five dollars or more than one hundred dollars on a first
offense, and on each subsequent offense shall be fined not less
than seventy-five dollars or more than two hundred fifty dollars
and may be imprisoned for not more than thirty days.
(2) In addition to the penalties prescribed in division
(E)(1) of this section, if the offender is guilty of a violation
of division (B) of section 955.22 of the Revised Code or a
violation of division (C) of section 955.22 of the Revised Code
that involves a dog that is not a nuisance dog, dangerous dog, or
vicious dog, the court may order the offender to personally
supervise the dog that the offender owns, keeps, or harbors, to
cause that dog to complete dog obedience training, or to do both.
(F)(1) Whoever commits a violation of division (C) of section
955.22 of the Revised Code that involves a nuisance dog is guilty
of a minor misdemeanor on the first offense and of a misdemeanor
of the fourth degree on each subsequent offense involving the same
dog. Upon a person being convicted of or pleading guilty to a
third violation of division (C) of section 955.22 of the Revised
Code involving the same dog, the court shall require the offender
to register the involved dog as a dangerous dog.
(2) In addition to the penalties prescribed in division
(F)(1) of this section, if a violation of division (C) of section
955.22 of the Revised Code involves a nuisance dog, the court may
order the offender to personally supervise the nuisance dog that
the offender owns, keeps, or harbors, to cause that dog to
complete dog obedience training, or to do both.
(G) Whoever commits a violation of division (C) of section
955.22 of the Revised Code that involves a dangerous dog or a
violation of division (D) of that section is guilty of a
misdemeanor of the fourth degree on a first offense and of a
misdemeanor of the third degree on each subsequent offense.
Additionally, the court may order the offender to personally
supervise the dangerous dog that the offender owns, keeps, or
harbors, to cause that dog to complete dog obedience training, or
to do both, and the court may order the offender to obtain
liability insurance pursuant to division (E) of section 955.22 of
the Revised Code. The court, in the alternative, may order the
dangerous dog to be humanely destroyed by a licensed veterinarian,
the county dog warden, or the county humane society at the owner's
expense. With respect to a violation of division (C) of section
955.22 of the Revised Code that involves a dangerous dog, until
the court makes a final determination and during the pendency of
any appeal of a violation of that division and at the discretion
of the dog warden, the dog shall be confined or restrained in
accordance with division (D) of section 955.22 of the Revised Code
or at the county dog pound at the owner's expense.
(H)(1) Whoever commits a violation of division (C) of section
955.22 of the Revised Code that involves a vicious dog that is
described in this division is guilty of one of the following:
(a) A felony of the fourth fifth degree if the dog kills or
causes serious injury to a person on a first offense.
Additionally, if the dog kills a person, the court shall order
that the vicious dog be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane society
at the owner's expense.
If the dog causes serious injury to a
person, the court may order that the dog be humanely destroyed in
such a manner.
(b) A felony of the fourth degree if the dog kills or causes
serious injury to a person and the person in violation has
previously been sentenced under division (H)(1)(a) or (c) of this
section. Additionally, if the dog kills a person, the court shall
order that the dog be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane society
at the owner's expense. If the dog causes serious injury to a
person, the court may order that the dog be humanely destroyed in
such a manner.
(c) A misdemeanor of the first degree if the dog causes
serious injury, other than killing or serious injury, to a person
or causes injury, serious injury, or death or a companion animal
on a first offense. Additionally, if the dog causes injury to a
person or injury or serious injury to a companion animal, the
court may order that the
vicious dog to be humanely destroyed by
a licensed veterinarian, the county dog warden, or the county
humane society at the owner's expense.
If the dog kills a
companion animal, the court shall order that the dog be humanely
destroyed in such a manner.
(d) A felony of the fifth degree if the dog causes injury,
serious injury, or death to a companion animal and the person in
violation has previously been sentenced under division (H)(1)(a)
or (c) of this section. Additionally, if the dog causes injury to
a person or injury or serious injury to a companion animal, the
court may order that the dog be humanely destroyed by a licensed
veterinarian, the county dog warden, or the county humane society
at the owner's expense. If the dog kills a companion animal, the
court shall order that the dog be humanely destroyed in such a
manner.
(2) If the court does not order the vicious dog to be
destroyed under division (H)(1)(b) of this section, the court
shall issue an order that specifies that division (D) of section
955.11 and divisions (D) to (I) of section 955.22 of the Revised
Code apply with respect to the dog and the owner, keeper, or
harborer of the dog as if the dog were a dangerous dog and that
section 955.54 of the Revised Code applies with respect to the dog
as if it were a dangerous dog. As part of the order, the court
shall order the offender to obtain the liability insurance
required under division (E)(1) of section 955.22 of the Revised
Code in an amount, exclusive of interest and costs, that equals or
exceeds one hundred thousand dollars. Until the court makes a
final determination and during the pendency of any appeal of a
violation of division (C) of section 955.22 of the Revised Code
and at the discretion of the dog warden, the dog shall be confined
or restrained in accordance with the provisions described in
division (D) of section 955.22 of the Revised Code or at the
county dog pound at the owner's expense.
(I) Whoever violates division (A)(2) of section 955.01 of the
Revised Code is guilty of a misdemeanor of the first degree.
(J) Whoever violates division (E)(2) of section 955.22 of the
Revised Code is guilty of a misdemeanor of the fourth degree.
(K) Whoever violates division (C) of section 955.221 of the
Revised Code is guilty of a minor misdemeanor. Each day of
continued violation constitutes a separate offense. Fines levied
and collected for violations of that division shall be distributed
by the mayor or clerk of the municipal or county court in
accordance with section 733.40, division (F) of section 1901.31,
or division (C) of section 1907.20 of the Revised Code to the
treasury of the county, township, or municipal corporation whose
resolution or ordinance was violated.
(L) Whoever violates division (F)(1), (2), or (3) of section
955.22 of the Revised Code is guilty of a felony of the fourth
degree. Additionally, the court shall order that the dog involved
in the violation be humanely destroyed by a licensed veterinarian,
the county dog warden, or the county humane society. Until the
court makes a final determination and during the pendency of any
appeal of a violation of division (F)(1), (2), or (3) of section
955.22 of the Revised Code and at the discretion of the dog
warden, the dog shall be confined or restrained in accordance with
the provisions of division (D) of section 955.22 of the Revised
Code or at the county dog pound at the owner's expense.
(M) Whoever violates division (E)(1), (3), or (4) of section
955.22 of the Revised Code is guilty of a minor misdemeanor.
(N) Whoever violates division (I)(4) of section 955.22 of the
Revised Code is guilty of a minor misdemeanor.
(O) Whoever violates division (A) or (B) of section 955.54 of
the Revised Code is guilty of a misdemeanor of the first degree.
(P)(1) If a dog is confined at the county dog pound pursuant
to division (G), (H), or (L) of this section, the county dog
warden shall give written notice of the confinement to the owner
of the dog. If the county dog warden is unable to give the notice
to the owner of the dog, the county dog warden shall post the
notice on the door of the residence of the owner of the dog or in
another conspicuous place on the premises at which the dog was
seized. The notice shall include a statement that a security in
the amount of one hundred dollars is due to the county dog warden
within ten days to secure payment of all reasonable expenses,
including medical care and boarding of the dog for sixty days,
expected to be incurred by the county dog pound in caring for the
dog pending the determination. The county dog warden may draw from
the security any actual costs incurred in caring for the dog.
(2) If the person ordered to post security under division
(P)(1) of this section does not do so within ten days of the
confinement of the animal, the dog is forfeited, and the county
dog warden may determine the disposition of the dog unless the
court issues an order that specifies otherwise.
(3) Not more than ten days after the court makes a final
determination under division (G), (H), or (L) of this section, the
county dog warden shall provide the owner of the dog with the
actual cost of the confinement of the dog. If the county dog
warden finds that the security provided under division (P)(1) of
this section is less than the actual cost of confinement of the
dog, the owner shall remit the difference between the security
provided and the actual cost to the county dog warden within
thirty days after the court's determination. If the county dog
warden finds that the security provided under division (P)(1) of
this section is greater than that actual cost, the county dog
warden shall remit the difference between the security provided
and the actual cost to the owner within thirty days after the
court's determination.
(Q) As used in this section,:
(1) "Serious injury," "nuisance dog," "dangerous dog," and
"vicious dog" have the same meanings as in section 955.11 of the
Revised Code.
(2) "Companion animal" has the same meaning as in section
959.131 of the Revised Code.
Section 2. That existing sections 109.73, 955.11, 955.12,
955.22, 955.222, and 955.99 of the Revised Code are hereby
repealed.
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