As Introduced
136th General Assembly
Regular Session H. B. No. 247
2025-2026
Representative Miller, K.
Cosponsors: Representatives Robb Blasdel, Brennan, Hall, T., Hiner, Johnson, Ray, Stewart, Sigrist, White, A.
To amend sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011, 955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 955.01 (955.02), 955.011 (955.021), 955.012 (955.022), 955.013 (955.023), 955.02 (955.01), 955.09 (955.08), 955.10 (955.09), 955.22 (955.24), 955.221 (955.10), 955.222 (955.23), and 955.40 (955.262); to enact new sections 955.21 and 955.22 and section 955.60; and to repeal sections 955.08, 955.21, 955.23, 955.24, 955.25, 955.39, 955.51, 955.52, 955.53, and 955.99 of the Revised Code to make changes to the laws governing dogs, including dangerous and vicious dogs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011, 955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321 be amended; sections 955.01 (955.02), 955.011 (955.021), 955.012 (955.022), 955.013 (955.023), 955.02 (955.01), 955.09 (955.08), 955.10 (955.09), 955.22 (955.24), 955.221 (955.10), 955.222 (955.23), and 955.40 (955.262) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 955.21 and 955.22 and section 955.60 of the Revised Code be enacted to read as follows:
Sec.
304.02. Prior
to the use of electronic records and electronic signatures by a
county office under Chapter 1306. of the Revised Code, and except as
otherwise provided in section 955.013
955.023
of
the Revised Code, a county office shall adopt, in writing, a security
procedure for the purpose of verifying that an electronic signature,
record, or performance is that of a specific person or for detecting
changes or errors in the information in an electronic record. A
security procedure includes, but is not limited to, a procedure that
requires the use of algorithms or other codes, identifying words or
numbers, encryption, or callback or other acknowledgment procedures.
Sec. 304.03. (A) Whenever any rule or law requires or authorizes the filing of any information, notice, lien, or other document or record with any county office, a filing made by an electronic record shall have the same force and effect as a filing made on paper in all cases where the county office has authorized or agreed to the electronic filing and the filing is made in accordance with applicable rules or an applicable agreement.
(B)
Nothing in this section authorizes or shall be construed to authorize
the use of a financial transaction device in an electronic
transaction for the acceptance of payments for county expenses,
except pursuant to section 301.28 or 955.013
955.023
of
the Revised Code.
(C) As used in this section, "financial transaction device" and "county expenses" have the same meanings as in section 301.28 of the Revised Code.
Sec.
715.23. Except
as otherwise provided in section 955.221
955.10
of
the Revised Code regarding dogs, a municipal corporation may
regulate, restrain, or prohibit the running at large, within the
municipal corporation, of cattle, horses, swine, sheep, goats, geese,
chickens, or other fowl or animals, impound and hold the fowl or
animals, and, on notice to the owners, authorize the sale of the fowl
or animals for the penalty imposed by any ordinance, and the cost and
expenses of the proceedings.
Sec. 901.80. (A) As used in this section:
(1) "Agricultural production" has the same meaning as in section 929.01 of the Revised Code.
(2) "Agritourism" means an agriculturally related educational, entertainment, historical, cultural, or recreational activity, including you-pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in, or enjoy that activity.
(3) "Agritourism provider" means a person who owns, operates, provides, or sponsors an agritourism activity or an employee of such a person who engages in or provides agritourism activities whether or not for a fee.
(4) "Farm" means land that is composed of tracts, lots, or parcels totaling not less than ten acres devoted to agricultural production or totaling less than ten acres devoted to agricultural production if the land produces an average yearly gross income of at least twenty-five hundred dollars from agricultural production.
(5) "Participant" means an individual, other than an agritourism provider, who observes or participates in an agritourism activity.
(6) "Risk inherent in an agritourism activity" means a danger or condition that is an integral part of an agritourism activity, including all of the following:
(a) The surface and subsurface conditions of land;
(b) The behavior or actions of wild animals not kept by or under the control of an agritourism provider;
(c)
The behavior or actions of domestic animals other than vicious or
dangerous dogs as defined in section 955.11
955.01
of
the Revised Code;
(d) The ordinary dangers associated with structures or equipment ordinarily used in farming or ranching operations;
(e) The possibility of contracting illness resulting from physical contact with animals, animal feed, animal waste, or surfaces contaminated by animal waste;
(f) The possibility that a participant may act in a negligent manner, including by failing to follow instructions given by the agritourism provider or by failing to exercise reasonable caution while engaging in the agritourism activity that may contribute to injury to that participant or another participant.
(B) In a civil action, an agritourism provider is immune from liability for any harm a participant sustains during an agritourism activity if the participant is harmed as a result of a risk inherent in an agritourism activity. Nothing in this section requires an agritourism provider to eliminate risks inherent in agritourism activities.
(C) An agritourism provider is not immune from civil liability for harm sustained by a participant if any of the following applies:
(1) The agritourism provider acts with a willful or wanton disregard for the safety of the participant and proximately causes harm to the participant.
(2) The agritourism provider purposefully causes harm to the participant.
(3) The agritourism provider's actions or inactions constitute criminal conduct and cause harm to the participant.
(4) The agritourism provider fails to post and maintain signs as required by division (D) of this section.
(5) The agritourism provider has actual knowledge or should have actual knowledge of an existing dangerous condition on the land or regarding facilities or equipment on the land that is not an inherent risk and does not make the dangerous condition known to the participant, and the dangerous condition proximately causes injury or damage to or the death of the participant.
(D) An agritourism provider shall post and maintain signs that contain the warning notice specified in this division. The provider shall place a sign in a clearly visible location at or near each entrance to the agritourism location or at the site of each agritourism activity. The warning notice shall consist of a sign in black letters with each letter to be a minimum of one inch in height. The signs shall contain the following notice of warning: "WARNING: Under Ohio law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if that injury or death results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment, and animals as well as the potential for you as a participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."
Sec. 935.03. (A) Division (A) of section 935.02 of the Revised Code does not apply to any of the following:
(1) A person to which all of the following apply:
(a) The person possesses a dangerous wild animal.
(b) The person has been issued a license by the United States department of agriculture under the federal animal welfare act.
(c) The director of agriculture has determined that the person is in the process of becoming an accredited member of the association of zoos and aquariums or the zoological association of America.
(d) The director has informed the person that the person is exempt from division (A) of section 935.02 of the Revised Code.
(2) An organization to which all of the following apply:
(a) The organization possesses a dangerous wild animal.
(b) The director has determined that the organization is in the process of being accredited or verified by the global federation of animal sanctuaries as a wildlife sanctuary.
(c) The director has informed the organization that it is exempt from division (A) of section 935.02 of the Revised Code.
(3) A person whose possession of a dangerous wild animal is authorized by an unexpired permit issued under this chapter.
(B) Except for the purposes of divisions (A) and (B) of section 935.04 of the Revised Code, this chapter does not apply to any of the following:
(1) A facility that is an accredited member of the association of zoos and aquariums or the zoological association of America and that is licensed by the United States department of agriculture under the federal animal welfare act;
(2) A research facility as defined in the federal animal welfare act;
(3) A research facility that is accredited by the association for the assessment and accreditation of laboratory animal care international;
(4) A circus;
(5) A wildlife rehabilitation facility that is issued a permit by the chief of the division of wildlife in rules adopted under section 1531.08 of the Revised Code and that rehabilitates dangerous wild animals or restricted snakes that are native to the state for the purpose of reintroduction into the wild;
(6) A veterinarian that is providing temporary veterinary care to a dangerous wild animal or restricted snake;
(7) A wildlife sanctuary;
(8) An individual who does not reside in this state, is traveling through this state with a dangerous wild animal or restricted snake, and does all of the following:
(a) Confines the animal or snake in a cage at all times;
(b) Confines the animal or snake in a cage that is not accessible to the public;
(c) Does not exhibit the animal or snake;
(d) Is in the state not more than forty-eight hours unless the animal or snake is receiving veterinary care.
(9) An educational institution that displays a single dangerous wild animal as a sports mascot and that meets all of the following criteria:
(a) An official of the educational institution has submitted an affidavit attesting that the institution will care for the animal as long as the animal lives and in a facility that is an accredited member of the association of zoos and aquariums or the zoological association of America.
(b) The educational institution maintains a liability insurance policy with an insurer authorized or approved to write such insurance in this state that covers claims for injury or damage to persons or property caused by a dangerous wild animal. The amount of the insurance coverage shall be not less than one million dollars.
(c) During display and transport, the educational institution confines the dangerous wild animal in a cage that does not permit physical contact between the animal and the public.
(d) The educational institution began displaying a dangerous wild animal as a mascot prior to September 5, 2012.
(10) Any person who has been issued a permit under section 1533.08 of the Revised Code, provided that the permit lists each specimen of wild animal that is a dangerous wild animal or restricted snake in the person's possession;
(11) Any person authorized to possess a dangerous wild animal or restricted snake under section 1531.25 of the Revised Code or rules adopted under it;
(12)
A person with a mobility impairment, as defined in section 955.011
955.021
of
the Revised Code, who possesses a dangerous wild animal specified in
division (C)(20)(h) of section 935.01 of the Revised Code that has
been trained by a nonprofit agency or is in such training to assist
the person with a mobility impairment;
(13) A deaf or hearing-impaired person who possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the deaf or hearing-impaired person;
(14)
A person who is blind, as defined in section 955.011
955.021
of
the Revised Code, and possesses a dangerous wild animal specified in
division (C)(20)(h) of section 935.01 of the Revised Code that has
been trained by a nonprofit agency or is in such training to assist
the blind person.
Sec.
955.02
955.01.
As
used in this chapter,
"dog kennel":
(A) "Vicious dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a vicious dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous vicious dog act.
(B) "Dangerous dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a dangerous dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous dangerous dog act.
(C) "Nuisance dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a nuisance dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous nuisance dog act.
(D) "Nuisance dog act," "dangerous dog act," and "vicious dog act" have the same meanings as in section 955.22 of the Revised Code.
(E) "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.
(F) "Dog kennel" or "kennel" 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 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.
955.01
955.02.
(A)(1)
Except as otherwise provided in this section or in sections 955.011,
955.012955.021,
955.022,
and 955.16 of the Revised Code, every person who owns, keeps, or
harbors a dog more than three months of age shall file, on or after
the first day of the applicable December, but before the thirty-first
day of the applicable January, in the office of the county auditor of
the county in which the dog is kept or harbored, an application for
registration for a period of one year or three years or an
application for a permanent registration. The board of county
commissioners, by resolution, may extend the period for filing the
application. The application
applicant
shall
state the age, sex, color, character of hair, whether short or long,
and breed, if known, of the dog and the name and address of the owner
of the dog
on the application.
A
Along
with the application, the applicant shall submit a registration
fee of two dollars for each year of registration for a one-year or
three-year registration or twenty dollars for a permanent
registration for each dog
shall accompany the application.
However, the fee may exceed that amount if a greater fee has been
established under division (A)(2) of this section or under section
955.14 of the Revised Code.
(2)
A board of county commissioners may establish a registration fee
higher than the one provided for in division (A)(1) of this section
for dogs
a
dog more
than nine months of age that have
has
not
been spayed or neutered, except that the higher registration fee
permitted by this division shall
does
not
apply if a
the
person
registering a
the
dog
furnishes any
of the following with
the application either
a :
(a)
A certificate
from a licensed veterinarian verifying that the dog should not be
spayed or neutered because of its age or medical condition
or ;
(b)
A certificate from a licensed veterinarian verifying that the dog
should not be spayed or neutered because
the dog is used or intended for use for show or breeding purposes
or a ;
(c) A certificate from the owner of the dog declaring that the owner holds a valid hunting license issued by the division of wildlife of the department of natural resources and that the dog is used or intended for use for hunting purposes.
(3)
If
the board establishes such
a
fee
under division (A)(2) of this section,
the application for registration shall state whether the dog is
spayed or neutered, and whether a licensed veterinarian has certified
that the dog should not be spayed or neutered or the owner has stated
that the dog is used or intended to be used for hunting purposes. The
board may require a person who is registering a spayed or neutered
dog to furnish with the application a certificate from a licensed
veterinarian verifying that the dog is spayed or neutered.
No
person shall furnish a certificate under this division that the
person knows to be false.
(B) If the application for registration is not filed and the registration fee paid, on or before the thirty-first day of the applicable January of each year or, if the board of county commissioners by resolution has extended the date to a date later than the thirty-first day of January, the date established by the board, the auditor shall assess a penalty in an amount equal to the registration fee for one year upon the owner, keeper, or harborer, which shall be paid with the registration fee.
(C) A person who is the owner, keeper, or harborer of a dangerous dog or vicious dog shall register the dog with both the county auditor under division (A) of this section and with the county dog warden under division (D) of this section.
(D)(1) A person who is the owner, keeper, or harborer of a dangerous dog or vicious dog shall apply for a dangerous dog registration to the county dog warden and submit all of the following to the dog warden:
(a) A fee of fifty dollars;
(b) The person's address, telephone number, and other appropriate means for the dog warden to contact the person, along with proof that the person is eighteen years of age or older;
(c) With respect to the person and the dog for which the dangerous dog registration is required, 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) The person shall renew the dangerous dog registration annually for the same fee and in the same manner as the initial registration was obtained.
(3) If a dangerous dog registration holder relocates to a new county, the holder shall follow the procedure in division (F) of this section and, upon the expiration of the registration issued in the original county, shall renew the registration in the new county.
(E) Upon submission in accordance with division (D) of this section, the county dog warden shall issue a dangerous dog registration to the person. The dog warden also shall provide the owner with a uniformly designed tag that identifies the animal as a vicious or dangerous dog.
(F)(1) If the owner of a vicious or dangerous dog for whom a dangerous dog registration 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 dog warden within ten days of relocating to the new address.
(2) If the owner of a vicious or dangerous dog for whom a dangerous dog registration 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:
(a) Provide written notice of the new address and a copy of the original dangerous dog registration to the dog warden of the new county;
(b) Provide written notice of the new address to the dog warden of the county where the owner previously resided.
(G)
An
animal shelter that keeps or harbors a dog more than three months of
age is exempt from paying any
registration
fees imposed under division
(A) or (B) of this
section if it is a nonprofit organization that is exempt from federal
income taxation under subsection 501(a) and described in subsection
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 1.
(H) No owner, keeper, or harborer of any dog shall negligently fail to file the application for registration and pay the associated fee as required under division (A) of this section or, if applicable, fail to pay the penalty prescribed in division (B) of this section.
(I) No owner, keeper, or harborer of a vicious or dangerous dog shall negligently fail to present a valid dangerous dog registration upon request of any law enforcement officer, dog warden, or public health official charged with enforcing this section.
(J) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to do any of the following:
(1) Obtain a dangerous dog registration from the dog warden pursuant to this section;
(2) Affix a tag that identifies the dog as a dangerous or vicious dog to the dog's collar;
(3) Ensure that the dog wears the collar and tag at all times.
(K) No person shall recklessly furnish a certificate under division (A)(2) of this section that the person knows to be false.
(L)(1) Whoever violates division (H) of this section 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) Whoever violates division (I) of this section is guilty of a minor misdemeanor.
(3) Whoever violates division (J) of this section is guilty of a misdemeanor of the fourth degree and a misdemeanor of the third degree on each subsequent offense.
(4) Whoever violates division (K) of this section is guilty of a misdemeanor of the first degree.
Sec.
955.011
955.021.
(A)
When an application is made for registration of an assistance dog and
the owner can show proof by certificate or other means that the dog
is an assistance dog, the owner of the dog shall be exempt from any
fee for the registration. Registration for an assistance dog shall be
permanent and not subject to annual renewal so long as the dog is an
assistance dog. Certificates and tags stamped "Ohio Assistance
Dog-Permanent Registration," with registration number, shall be
issued upon registration of such a dog. Any
certificate and tag stamped "Ohio Service Dog-Permanent
Registration," with registration number, that was issued for a
dog in accordance with this section as it existed on and after
November 26, 2004, but prior to June 30, 2006, shall remain in effect
as valid proof of the registration of the dog on and after November
26, 2004.
Duplicate certificates and tags for a dog registered in accordance
with this section, upon proper proof of loss, shall be issued and no
fee required. Each
duplicate certificate and tag that is issued shall be stamped "Ohio
Assistance Dog-Permanent Registration."
(B) As used in this section and in sections 955.16 and 955.43 of the Revised Code:
(1) "Person with a mobility impairment" means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. "Person with a mobility impairment" includes a person with a neurological or psychological disability that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. "Person with a mobility impairment" also includes a person with a seizure disorder and a person who is diagnosed with autism.
(2) "Blind" means either of the following:
(a) Vision twenty/two hundred or less in the better eye with proper correction;
(b) Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
(3) "Assistance dog" means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
(a) A guide dog;
(b) A hearing dog;
(c) A service dog.
(4) "Guide dog" means a dog that has been trained or is in training to assist a blind person.
(5) "Hearing dog" means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
(6) "Service dog" means a dog that has been trained or is in training to assist a person with a mobility impairment.
Sec.
955.012
955.022.
(A)
As used in this section:
(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(2) "Law enforcement agency" means the state highway patrol, the office of a county sheriff, the police department of a municipal corporation or township, or a township or joint police district.
(3) "Law enforcement canine" means a dog regularly utilized by a law enforcement agency for general law enforcement purposes, tracking, or detecting the presence of a controlled substance or explosive.
(B)
Instead of obtaining an annual registration under section 955.01
955.02
of
the Revised Code, a law enforcement agency owning, keeping, or
harboring a law enforcement canine may obtain an annual registration
for the dog as a law enforcement canine under this section. The
application for a law enforcement canine registration shall be
submitted to the county auditor of the county in which the central
office of the law enforcement agency that owns, keeps, or harbors the
dog is located, except that for a dog owned, kept, or harbored by the
state highway patrol, the application shall be submitted to the
county auditor of the county in which is located the state highway
patrol post to which the dog and its handler primarily are assigned.
The application shall be submitted on or after the first day of
December immediately preceding the beginning of the registration year
and before the thirty-first day of January of that year. If the
period for filing registration applications under division (A)(1) of
section 955.01
955.02
of
the Revised Code is extended in the county in which a law enforcement
canine is to be registered, an application for registration under
this section shall be submitted to the county auditor not later than
the registration deadline for that year, as so extended.
The application for registration of a law enforcement canine shall state the age, sex, hair color, character of hair, whether short or long, and breed, if known, of the dog, the name and address of the owner of the dog, and, if the law enforcement agency keeping or harboring the dog is different from the owner, the name of that law enforcement agency. For a dog owned, kept, or harbored by the police department of a municipal corporation or township or by a township or joint police district, the application shall be signed by the chief of the police department or district. For a dog owned, kept, or harbored by the office of a county sheriff, the application shall be signed by the sheriff. For a dog owned, kept, or harbored by the state highway patrol, the application shall be signed by the officer in charge of the post of the state highway patrol to which the dog and its handler primarily are assigned. The application shall include a certification by the chief of the police department or district, sheriff, or officer of the state highway patrol post, as applicable, that the dog described in the application has been properly trained to carry out one or more of the purposes described in division (A)(3) of this section and actually is used for one or more of those purposes by the law enforcement agency making the application.
No fee is required for issuance of a law enforcement canine registration. Upon proper proof of loss, a duplicate certificate and tag shall be issued for a dog registered under this section, and no fee shall be required.
If
an application for registration of a law enforcement canine is not
filed under this section on or before the thirty-first day of January
of the registration year, or the extended registration deadline
established under division (A)(1) of section 955.01
955.02
of
the Revised Code, as applicable, the law enforcement canine shall be
registered under that section, and the registration fee and late
registration penalty applicable under divisions (A) and (B) of that
section shall accompany the application.
(C)
If a law enforcement agency becomes the owner, keeper, or harborer of
a law enforcement canine or brings a law enforcement canine into the
state after the thirty-first day of January of a registration year or
the extended registration deadline established under division (A)(1)
of section 955.01
955.02
of
the Revised Code, as applicable, the law enforcement agency, within
thirty days after becoming the owner, keeper, or harborer or bringing
the dog into the state, may submit an application for registration of
the dog under this section. Upon submission of the application, the
law enforcement agency shall be issued such a registration in the
manner provided in division (B) of this section. If such an
application is not filed within the thirty-day period, the dog shall
be registered under section 955.05 of the Revised Code, and the
registration fee and late registration penalty applicable under that
section or section 955.06 of the Revised Code shall accompany the
application.
Sec.
955.013
955.023.
(A)
As used in this section, "financial transaction device" has
the same meaning as in section 301.28 of the Revised Code.
(B) A county auditor may establish procedures and take actions that are necessary to allow for either or both of the following:
(1) The registration of dogs and kennels under this chapter via the internet;
(2) The payment of dog and kennel registration fees under this chapter by financial transaction devices, including payment by financial transaction devices via the internet.
Sec.
955.03. Any
dog which
that
has
been registered under sections 955.01
955.02
and
955.04 of the Revised Code and any dog not required to be registered
under such sections shall be considered as personal property and have
all the rights and privileges and be subject to like restraints as
other livestock.
Sec.
955.04. (A)
Every
owner of a dog
kennel
of
dogs shall,
in like manner as provided in division
(A) of section
955.01
955.02
of
the Revised Code, make application for the registration of such
kennel, and pay to the county auditor a registration fee of ten
dollars for each such kennel, unless a greater fee has been
established under section 955.14 of the Revised Code. If such
the
application
is not filed and the fee paid, on or before the thirty-first day of
January of each year, the auditor shall assess a penalty in an amount
equal to the registration fee upon the owner of such kennel. The
payment of such
the
kennel
registration fee shall
entitle entitles
the
licensee to not more than five tags, to bear consecutive numbers and
to be issued in like manner and have like effect when worn by any dog
owned in good faith by such licensee as the tags provided for in
section 955.08
955.07
of
the Revised Code. Upon application to the county auditor, additional
tags, in excess of the five tags, may be issued upon payment of an
additional fee of one dollar per tag.
(B) No owner of a kennel shall recklessly fail to register the kennel in accordance with this section.
(C) Whoever violates division (B) of this section 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.
Sec.
955.05. After
the thirty-first day of January of any year, except as otherwise
provided in section 955.012
955.022
or
955.16 of the Revised Code, every person, immediately upon becoming
the owner, keeper, or harborer of any dog more than three months of
age or brought from outside the state during any year, shall file
like applications, with fees, as required by section 955.01
955.02
of
the Revised Code, for registration for a period of one year or three
years or an application for permanent registration. If the
application is not filed and the fee paid, within thirty days after
the dog is acquired, becomes three months of age, or is brought from
outside the state, the auditor shall assess a penalty in an amount
equal to the registration fee for one year upon the owner, keeper, or
harborer, which shall be paid with the registration fee. Thereafter,
the owner, keeper, or harborer shall register the dog as provided in
section 955.01
955.02
of
the Revised Code, as applicable.
Every
person becoming the owner of a dog
kennel
of
dogs after
the thirty-first day of January of any year shall file like
applications, with fees, as required by section 955.04 of the Revised
Code, for the registration of such kennel for the current calendar
year. If such application is not filed and the fee paid within thirty
days after the person becomes the owner of such kennel, the auditor
shall assess a penalty in an amount equal to the registration fee
upon the owner of such kennel.
Sec. 955.06. (A) The owner, keeper, or harborer of a dog becoming three months of age after the first day of July in a calendar year and the owner, keeper, or harborer of a dog purchased outside the state after the first day of July in a calendar year shall register the dog in accordance with division (B), (C), or (D) of this section within ninety days of the dog's becoming three months of age or within ninety days of the date of the purchase of the dog, as applicable.
(B)
The owner, keeper, or harborer of a dog to which division (A) of this
section applies may register the dog for the remainder of the current
year. The fee for such a registration shall be one-half of the
original fee for a one-year registration. Thereafter, the owner,
keeper, or harborer shall register the dog for a period of one year,
three years, or permanently as provided in section 955.01
955.02
of
the Revised Code.
(C)
The owner, keeper, or harborer of a dog to which division (A) of this
section applies may register the dog for a period consisting of the
remainder of the current year and two additional years. The fee for
such a registration shall be eighty-three per cent of the original
fee for a three-year registration. Thereafter, the owner, keeper, or
harborer shall register the dog for a period of one year, three
years, or permanently as provided in section 955.01
955.02
of
the Revised Code.
(D) The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog permanently. The fee for such a registration shall be the same as the original fee for a permanent registration.
Sec.
955.07. (A)
Upon
the filing of the application for registration required by sections
955.01
955.02
and
955.04 of the Revised Code and upon the payment of the registration
fee and the administrative fee, if applicable, the county auditor
shall assign a distinctive number to every dog or dog kennel
described in the application and shall deliver a certificate of
registration bearing the number to the owner of the dog or dog
kennel. A record of all certificates of registration issued, together
with the applications for registration, shall be kept by the auditor
in a dog and kennel register until after an audit performed by the
auditor of state. This record shall be open to the inspection of any
person during reasonable business hours.
(B) In addition to the certificate of registration provided for under division (A) of this section, the county auditor shall issue to every person applying for the registration of a dog and paying the required fee a metal tag for each dog so registered. The form, color, character, and lettering of the tag shall be prescribed by the county auditor. If a tag is lost, a duplicate shall be furnished by the auditor upon proper proof of loss and the payment of five dollars for each duplicate tag issued.
Sec.
955.09
955.08.
Certificates
of registration and registration tags shall be valid only during the
calendar year or years for which they are issued.
Sec.
955.10
955.09.
(A)
No
owner of a dog, except a dog constantly confined to a dog kennel
registered under this chapter or one
licensed
under Chapter 956. of the Revised Code, shall recklessly
fail
to require the dog to wear, at all times, a valid tag issued in
connection with a certificate of registration
under division (A) of section 955.02 of the Revised Code.
A dog found not wearing at any time a valid tag shall
be is
prima-facie
evidence of lack of registration and shall subject any dog found not
wearing such a tag to impounding, sale, or destruction.
(B) No person shall recklessly obstruct or interfere with anyone lawfully engaged in capturing an unregistered dog or examining a dog wearing a tag.
(C) No person shall recklessly own, keep, or harbor a dog wearing a fictitious, altered, or invalid registration tag or a registration tag not issued by the county auditor in connection with the registration of such animal.
(D) Whoever violates division (A), (B), or (C) of this section is guilty of a minor misdemeanor.
Sec.
955.221
955.10.
(A)
For the purposes of this section, ordinances or resolutions to
control dogs include, but are not limited to, ordinances or
resolutions concerned with the ownership, keeping, or harboring of
dogs, the restraint of dogs, dogs as public nuisances, and dogs as a
threat to public health, safety, and welfare, except that such
ordinances or resolutions as permitted in division (B) of this
section shall not prohibit the use of any dog which is lawfully
engaged in hunting or training for the purpose of hunting while
accompanied by a licensed hunter. However, such dogs at all other
times and in all other respects shall be subject to the ordinance or
resolution permitted by this section, unless actually in the field
and engaged in hunting or in legitimate training for such purpose.
(B)(1) A board of county commissioners may adopt and enforce resolutions to control dogs within the unincorporated areas of the county that are not otherwise in conflict with any other provision of the Revised Code.
(2) A board of township trustees may adopt and enforce resolutions to control dogs within the township that are not otherwise in conflict with any other provision of the Revised Code, if the township is located in a county where the board of county commissioners has not adopted resolutions to control dogs within the unincorporated areas of the county under this section. In the event that the board of county commissioners adopts resolutions to control dogs in the county after a board of township trustees has adopted resolutions to control dogs within the township, the resolutions adopted by the county board of commissioners prevail over the resolutions adopted by the board of township trustees.
(3) A municipal corporation may adopt and enforce ordinances to control dogs within the municipal corporation that are not otherwise in conflict with any other provision of the Revised Code.
(C) No person shall recklessly violate any resolution or ordinance adopted under this section.
(D) Whoever violates division (C) of this section 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.
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, to any person;
(ii)
Killed another dog;
(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 police dog that has
caused injury, other than killing or serious injury, to any person or
has killed another dog while the police dog is being used to assist
one or more law enforcement officers in the performance of their
official duties.
(2)
"Menacing fashion" means that a dog would cause any person
being chased or approached to reasonably believe that the dog will
cause physical injury to that person.
(3)(a)
Subject to division (A)(3)(b) of this section, "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.
(b)
"Vicious dog" does not include either of the following:
(i)
A police dog that has killed or caused serious injury to any person
while the police dog is being used to assist one or more law
enforcement officers in the performance of their official duties;
(ii)
A dog that has killed or caused serious injury to any person while a
person was committing or attempting to commit a trespass or other
criminal offense on the property of the owner, keeper, or harborer of
the dog.
(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.
(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 (B)
Except as provided in division (C) of this section, prior to
the transfer of ownership or possession of any
a
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)(C)
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
or vicious 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 seller or other transferor shall obtain the signature of the buyer or other transferee after a statement on the form that the buyer or other transferee understands that such person is acquiring a dangerous or vicious dog.
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(E)(D)(1)
No seller or other transferor of a dog shall recklessly
fail
to comply with the applicable
requirements
of divisions
(B) to (D)division
(A)
of this section.
(2) No seller or other transferor of a dog shall recklessly fail to comply with the requirements of division (B) or (C) of this section.
(E)(1) Whoever violates division (D)(1) of this section is guilty of a minor misdemeanor.
(2) Whoever violates division (D)(2) of this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
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 and 955.50 to 955.53 of the Revised Codethis
chapter.
(B) Except as otherwise provided in section 3.061 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.
(C) 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.
(D)
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 ordernotify,
in writing, the humane society or the appropriate law enforcement
authority that has jurisdiction to enforce Chapter 959. of the
Revised Code.
(E) The warden and deputies shall also make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed.
(F)
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 and 955.50 to 955.53 of the Revised Codethis
chapter.
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.
(G) 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.
(H) No county dog warden shall knowingly fail to perform the warden's duties under this section or other legal duties required of dog wardens.
(I) Whoever violates division (H) of this section is guilty of a minor misdemeanor.
Sec.
955.121. (A)(1)
In lieu of appointing a county dog warden and deputies under section
955.12 of the Revised Code, a board of county commissioners may
appoint the county sheriff to enforce sections
955.01 to 955.27 and 955.50 to 955.53 of the Revised Codethis
chapter.
If a board chooses to appoint the county sheriff as the county dog
warden, the board shall enter into a two-year written agreement with
the sheriff for that purpose at the first meeting in a calendar year
following a general election in which at least one of the members of
the board was elected.
(2) The agreement may authorize both of the following:
(a) The sheriff to appoint sheriff's deputies or persons other than peace officers as deputy dog wardens;
(b) The transfer of any benefits accrued by employees who are transferred as a result of the county sheriff's being appointed as the county dog warden.
(B) Any dog warden and deputy dog wardens appointed under this section shall comply with both of the following:
(1) Any training requirements applicable to county dog wardens and deputy dog wardens appointed or employed under section 955.12 of the Revised Code;
(2) The requirements established in that section.
(C) If a county sheriff or a sheriff's deputies are appointed as a dog warden or deputy dog wardens under this section, references in this chapter and in Chapters 953., 956., and 959. of the Revised Code to "dog warden" and "deputy dog warden" shall be deemed to be replaced, respectively, with references to "sheriff" and "deputy sheriff."
Sec.
955.14. (A)
Notwithstanding section 955.01
955.02
of
the Revised Code, a board of county commissioners by resolution may
increase dog and kennel registration fees in the county. The amount
of the fees shall not exceed an amount that the board, in its
discretion, estimates is needed to pay all expenses for the
administration of this chapter. Such a resolution shall be adopted
not earlier than the first day of February and not later than the
thirty-first day of August of any year and shall specify the
registration period or periods to which the increased fees apply. An
increase in fees adopted under this division shall be in the ratio of
two dollars for each year of registration for a dog registration fee,
twenty dollars for a permanent dog registration fee, and ten dollars
for a kennel registration fee.
(B) Notwithstanding section 955.20 of the Revised Code, if dog and kennel registration fees in any county are increased above two dollars for each year of registration and twenty dollars for a permanent registration for a dog registration fee and ten dollars for a kennel registration fee under authority of division (A) of this section, then on or before the first day of March following each year in which the increased fees are in effect, the county auditor shall draw on the dog and kennel fund a warrant payable to the college of veterinary medicine of the Ohio state university in an amount equal to ten cents for each one-year dog registration, thirty cents for each three-year dog registration, one dollar for each permanent dog registration, and ten cents for each kennel registration fee received during the preceding year. The money received by the college of veterinary medicine of the Ohio state university under this division shall be applied for research and study of the diseases of dogs, particularly those transmittable to humans, and for research of other diseases of dogs that by their nature will provide results applicable to the prevention and treatment of both human and canine illness.
(C) The Ohio state university college of veterinary medicine shall be responsible to report annually to the general assembly the progress of the research and study authorized and funded by division (B) of this section. The report shall briefly describe the research projects undertaken and assess the value of each. The report shall account for funds received pursuant to division (B) of this section and for the funds expended attributable to each research project and for other necessary expenses in conjunction with the research authorized by division (B) of this section. The report shall be filed with the general assembly by the first day of May of each year.
(D) The county auditor may authorize agents to receive applications for registration of dogs and kennels and to issue certificates of registration and tags. If authorized agents are employed in a county, each applicant for a dog or kennel registration shall pay to the agent an administrative fee of seventy-five cents in addition to the registration fee. The administrative fee shall be the compensation of the agent. The county auditor shall establish rules for reporting and accounting by the agents. No administrative or similar fee shall be charged in any county except as authorized by this division or division (E) of this section.
(E)
For any county that accepts the payment of dog and kennel
registration fees by financial transaction devices in accordance with
section 955.013
955.023
of
the Revised Code, in addition to those registration fees, the county
auditor shall collect for each registration paid by a financial
transaction device one of the following:
(1) An administrative fee of seventy-five cents or another amount necessary to cover actual costs designated by the county auditor;
(2) If the board of county commissioners adopts a surcharge or convenience fee for making payments by a financial transaction device under division (E) of section 301.28 of the Revised Code, that surcharge or convenience fee;
(3)
If the county auditor contracts with a third party to provide
services to enable registration via the internet as provided in
section 955.013
955.023
of
the Revised Code, a surcharge or convenience fee as agreed to between
that third party and the county for those internet registration
services. Any additional expenses incurred by the county auditor that
result from a contract with a third party as provided in this section
and section 955.013
955.023
of
the Revised Code and that are not covered by a surcharge or
convenience fee shall be paid out of the allowance provided to the
county auditor under section 955.20 of the Revised Code.
(F)
The county auditor shall post conspicuously the amount of the
administrative fee, surcharge, or convenience fee that is permissible
under this section on the web page where the auditor accepts payments
for registrations made under division (B)(1) of section 955.013
955.023
of
the Revised Code. If any person chooses to pay by financial
transaction device, the administrative fee, surcharge, or convenience
fee shall be considered voluntary and is not refundable.
Sec. 955.16. (A) Dogs that have been seized by the county dog warden and impounded shall be kept, housed, and fed for three days for the purpose of redemption, as provided by section 955.18 of the Revised Code, unless any of the following applies:
(1) Immediate humane destruction of the dog is necessary because of obvious disease or injury. If the diseased or injured dog is registered, as 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 necessity of destroying the dog shall be certified by a licensed veterinarian or a registered veterinary technician. If the dog is not registered, the decision to destroy it shall be made by the warden.
(2) The dog is currently registered on the registration list maintained by the warden and the auditor of the county where the dog is registered and the attempts to notify the owner, keeper, or harborer under section 955.12 of the Revised Code have failed, in which case the dog shall be kept, housed, and fed for fourteen days for the purpose of redemption.
(3) The warden has contacted the owner, keeper, or harborer under section 955.12 of the Revised Code, and the owner, keeper, or harborer has requested that the dog remain in the pound or animal shelter until the owner, harborer, or keeper redeems the dog. The time for such redemption shall be not more than forty-eight hours following the end of the appropriate redemption period.
Any dog not so redeemed may be adopted out or donated to any person, including a nonprofit special agency that is engaged in the training of any type of assistance dogs or to a nonprofit teaching or research institution or organization that is certified by the director of health as being engaged in teaching or research concerning the prevention and treatment of diseases of human beings or animals. The county dog warden may charge an adoption fee for any dog that is adopted. Except as provided in division (B) of this section, no dog shall be discharged from the pound or animal shelter until the animal has been registered and furnished with a valid registration tag.
(B) Any dog that is donated to a nonprofit special agency engaged in the training of any type of assistance dogs in accordance with division (A) of this section and any dog that is sold to any nonprofit teaching or research institution or organization shall be discharged from the pound or animal shelter without registration and may be kept by the agency or by the institution or organization without registration so long as the dog is being trained, or is being used for teaching and research purposes.
Any institution or organization certified by the director that obtains dogs for teaching and research purposes pursuant to this section shall, at all reasonable times, make the dogs available for inspection by humane society agents, appointed pursuant to section 1717.06 of the Revised Code, in order that the agents may prevent the perpetration of any act of cruelty, as defined in section 1717.01 of the Revised Code, to the dogs.
(C) Any dog that the dog warden or poundkeeper is unable to dispose of, in the manner provided by this section and section 955.18 of the Revised Code, may be humanely destroyed, except that no dog shall be destroyed until twenty-four hours after it has been offered to a nonprofit teaching or research institution or organization, as provided in this section, that has made a request for dogs to the dog warden or poundkeeper.
(D) An owner of a dog that is wearing a valid registration tag who presents the dog to the dog warden or poundkeeper may specify in writing that the dog shall not be offered to a nonprofit teaching or research institution or organization, as provided in this section.
(E) A record of all dogs impounded, the disposition of the same, the owner's name and address, if known, and a statement of costs assessed against the dogs shall be kept by the poundkeeper, and the poundkeeper shall furnish a transcript thereof to the county treasurer quarterly.
A record of all dogs received and the source that supplied them shall be kept, for a period of three years from the date of acquiring the dogs, by all institutions or organizations engaged in teaching or research concerning the prevention and treatment of diseases of human beings or animals.
(F) No person shall recklessly destroy any dog by the use of a high altitude decompression chamber or by any method other than a method that immediately and painlessly renders the dog initially unconscious and subsequently dead.
(G) Whoever violates division (F) of this section is guilty of a misdemeanor of the fourth degree.
Sec.
955.20. The
registration fees provided for in sections 955.01
955.02
to
955.14 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. 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
955.02
to
955.261 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 (E)(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
955.02
to
955.27 of the Revised Code, the board, by resolution so provided, may
appropriate further funds for the use and purpose of the county dog
warden in administering those sections.
Sec. 955.21. (A) 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 recklessly fail at any time to do either of the following:
(1) 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.
(B) Whoever commits a violation of this section 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. Additionally, 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.
(C) Whoever commits a violation of this section 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. Additionally, 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.
(D) Whoever commits a violation of this section that involves a dangerous dog is guilty of a misdemeanor of the third degree on a first offense and of a misdemeanor of the second degree on each subsequent offense. Additionally, the court may order the offender to do any of the following:
(1) Personally supervise the dangerous dog that the offender owns, keeps, or harbors;
(2) Cause that dog to complete dog obedience training;
(3) Obtain liability insurance in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars.
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.
Until the court makes a final determination and during the pendency of any appeal and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with division (A) of section 955.24 of the Revised Code or at the county dog pound at the owner's expense.
(E) Whoever commits a violation of this section that involves a vicious dog is guilty of a misdemeanor of the second degree on a first offense and of a misdemeanor of the first degree on each subsequent offense. Additionally, the court shall order the offender to do all of the following:
(1) Personally supervise the vicious dog that the offender owns, keeps, or harbors;
(2) Cause that dog to complete dog obedience training;
(3) Obtain liability insurance in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars.
The court, in the alternative, may order 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.
Until the court makes a final determination and during the pendency of any appeal and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with division (A) of section 955.24 of the Revised Code or at the county dog pound at the owner's expense.
Sec. 955.22. (A) As used in this section and section 955.23 of the Revised Code:
(1) "Vicious dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) The killing of any person;
(b) Causing serious injury to any person by physical contact;
(c) Engaging in a dangerous dog act after the dog has been designated as a dangerous dog under section 955.23 of the Revised Code.
(2) "Dangerous dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) Causing injury by physical contact, other than killing or serious injury, to any person;
(b) The killing of another dog or livestock;
(c) Causing serious injury to another dog or livestock that results in euthanasia of the animal by a person authorized to perform euthanasia under Ohio law.
(3) "Nuisance dog act" means one of the following actions committed by a dog without provocation and while off the premises of its owner, keeper, or harborer, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:
(a) Chasing or approaching a person in either a menacing fashion or an apparent attitude of attack;
(b) Attempting to bite or otherwise endanger any person;
(c) Causing injury without making physical contact;
(d) Chasing, threatening, harassing, or injuring another dog or livestock;
(e) Having been the subject of a third or subsequent violation of section 955.21 of the Revised Code.
(4) "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.
(5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(B)(1) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a vicious dog act. Whoever violates this division is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense.
(2) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to prevent the dog from committing a vicious dog act that involves injuring or killing a person. Whoever violates this division is guilty of a felony of the third degree.
(C)(1) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a dangerous dog act. Whoever violates this division is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
(2) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to prevent the dog from committing a dangerous dog act that involves injuring a person. Whoever violates this division is guilty of a felony of the fifth degree.
(D) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a nuisance dog act. Whoever violates this division is guilty a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.
(E) In addition to any other penalty described under this section, and except as provided in division (F) of this section, the court may order the dog that is the subject of an offense under this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
(F) In addition to any other penalty described under this section, the court shall order the dog that is the subject of an offense under this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense if, as a result of the offense, the dog kills or causes serious injury to a person.
Sec.
955.222
955.23.
(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)
(A)(1)
If
a person who is authorized to enforce this chapter has reasonable
probable
cause
to believe that a dog in the person's jurisdiction is
a nuisance dog, dangerous dog, or vicious doghas
committed a dangerous dog act or vicious dog act,
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 residespetition
the municipal court or county court that has territorial jurisdiction
over the location where the alleged act occurred to hold a hearing to
determine whether the court shall issue an order designating the dog
as a dangerous or vicious dog, as applicable, in accordance with this
section.
(2) If a person who is authorized to enforce this chapter has probable cause to believe that a dog in the person's jurisdiction has committed a nuisance dog act, the person may petition the municipal court or county court that has territorial jurisdiction over the location where the alleged act occurred to hold a hearing to determine whether the court shall issue an order designating the dog as a nuisance dog in accordance with this section.
(B) Probable cause may be supported by one or more written statements of a witness describing the incident or incidents in which the witness saw the dog engage in a nuisance dog act, a dangerous dog act, or a vicious dog act.
(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 harborerThe
court,
not later than ten days after receiving notification
of the designationthe
petition described in division (A) of this section,
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 harborershall
hold the hearing and, at the conclusion of the hearing, issue a final
determination concerning whether the dog shall be designated a
nuisance, dangerous, or vicious dog.
At the hearing, the person who designated
the dog as a nuisance dog, dangerous dog, or vicious dog petitioned
the court has
the burden of proving, by clear and convincing evidence, that the dog
is
a nuisance dog, dangerous dog, or vicious dogcommitted
a nuisance dog act, dangerous dog act, or vicious dog act.
(D)
The
owner, keeper, or harborer of the dog or the person who designated
the dog as a nuisance dog, dangerous dog, or vicious dog petitioned
the court 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 (E)(1)
If the dog warden determines that it is safe to have the dog remain
in the custody of the dog's owner, keeper, or harborer, the dog shall
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)(A)
of section 955.22
955.24
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.
(2) If the dog warden determines that it is not safe to have the dog remain in the custody of the dog's owner, keeper, or harborer after the commission of the alleged nuisance dog act, dangerous dog act, or vicious dog act and during the pendency of a court's determination or appeal under this section, the dog shall be held in the custody of the dog warden. While the dog is being so held, the cost of the holding is the responsibility of the dog's owner, keeper, or harborer. However, the dog's owner, keeper, or harborer shall not be responsible for such costs if the court does not determine that the dog be designated as a nuisance, dangerous, or vicious dog.
(E)
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.
(F)
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.
(F)(1) Except as provided in division (F)(2) of this section, the court may order a dog that is designated in accordance with this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
(2) The court shall order a dog that is designated in accordance with this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense if the court determines that the dog killed or caused serious injury to a person.
(G) If the dog that is the subject of a hearing under this section is also the subject of a criminal proceeding for a violation of section 955.22 of the Revised Code arising out of the same event, the court shall conduct the hearing under this section and the criminal proceeding concurrently.
Sec.
955.22
955.24.
(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 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 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 No
owner,
keeper, or harborer of a
vicious or
dangerous dog shall recklessly
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 with fencing that is sufficiently constructed to prevent escape, 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 with fencing that is sufficiently constructed to prevent escape, 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;
(c) Muzzle that dog.
(E)(B)
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 vicious
or dangerous
dog shall recklessly
fail
to do any
of 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 vicious or 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)(3)
If the dog is sold, given to another person, or dies, notify the
county auditor and
the dog warden within
ten days of the sale, transfer, or death.
(F)(C)
No person shall recklessly
do
any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a vicious or dangerous dog;
(2) Possess a vicious or 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 vicious
or dangerous
dog or otherwise provide false information on that written waiver
form.
(G)(D)
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 vicious
or 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 Ohio
law 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 vicious or dangerous dog;
(b) Possessing a vicious or 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 vicious
or dangerous
dog or otherwise provide false information on that written waiver
form.
(H)(E)
It is an affirmative defense to a charge of a violation of division
(F)(C)
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 vicious
or 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.
(F)(1) Whoever violates division (A) of this 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 do any of the following:
(a) Personally supervise the vicious or dangerous dog that the offender owns, keeps, or harbors;
(b) Cause the dog to complete dog obedience training;
(c) Order the offender to obtain liability insurance pursuant to this section.
(2) The court, in the alternative, may order the vicious or dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
(G) Whoever violates division (B) of this section is guilty of a minor misdemeanor.
(H) Whoever violates division (C)(1), (2), or (3) of this section 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 (C)(1), (2), or (3) of this section and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions of division (A) of this section or at the county dog pound at the owner's expense.
Sec. 955.26. (A) 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 pound, 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.
(B)
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
955.02
of
the Revised Code for any dog that is required to be vaccinated.
(C) The director shall determine appropriate methods of rabies vaccination and satisfactory periods for purposes of quarantines under this section.
(D) 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.
(E) Notwithstanding 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.
(F) No person shall recklessly violate a rabies quarantine order issued under this section.
(G) Whoever violates division (F) of this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
Sec. 955.261. (A)(1) No person shall remove a dog that has bitten any person from the county in which the bite occurred until a quarantine period as specified in division (B) of this section has been completed. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority.
(2)(a) Subject to division (A)(2)(b) of this section, no person shall kill a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed.
(b) Division (A)(2)(a) of this section does not apply to the killing of a dog in order to prevent further injury or death or if the dog is diseased or seriously injured.
(3) No person who has killed a dog that has bitten any person in order to prevent further injury or death or if the dog is diseased or seriously injured shall fail to do both of the following:
(a) Immediately after the killing of the dog, notify the board of health for the district in which the bite occurred of the facts relative to the bite and the killing;
(b) Hold the body of the dog until that board of health claims it to perform tests for rabies.
(B) The quarantine period for a dog that has bitten any person shall be ten days or another period that the board of health for the district in which the bite occurred determines is necessary to observe the dog for rabies.
(C)(1) To enable persons to comply with the quarantine requirements specified in divisions (A) and (B) of this section, boards of health shall make provision for the quarantine of individual dogs under the circumstances described in those divisions.
(2) Upon the receipt of a notification pursuant to division (A)(3) of this section that a dog that has bitten any person has been killed, the board of health for the district in which the bite occurred shall claim the body of the dog from its killer and then perform tests on the body for rabies.
(D) This section does not apply to a police dog that has bitten a person while the police dog is under the care of a licensed veterinarian or has bitten a person while the police dog is being used for law enforcement, corrections, prison or jail security, or investigative purposes. If, after biting a person, a police dog exhibits any abnormal behavior, the law enforcement agency and the law enforcement officer the police dog assists, within a reasonable time after the person is bitten, shall make the police dog available for the board of health for the district in which the bite occurred to perform tests for rabies.
(E)
As
used in this section, "police dog" has the same meaning as
in section 2921.321 of the Revised CodeWhoever
recklessly violates this section is guilty of a minor misdemeanor on
a first offense and of a misdemeanor of the fourth degree on each
subsequent offense.
Sec.
955.40
955.262.
Any
corporation which violates section 955.39
955.26
of
the Revised Code shall forfeit and pay to the municipal corporation a
sum not to exceed three hundred dollars, to be collected in a civil
action brought in the name of the municipal corporation.
The judgment authorized in this section being in the nature of a penalty, or exemplary damages, no proof of actual damages shall be required, but the court or jury, finding other facts to justify recovery, shall determine the amount by reference to all the facts, culpatory, exculpatory, or extenuating, adduced at the trial.
Sec. 955.43. (A) As used in this section, "institutions of education" means any of the following:
(1) Any state university or college as defined in section 3345.32 of the Revised Code;
(2) Any private college or university that holds a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code;
(3) Any elementary or secondary school operated by a board of education;
(4) Any chartered or nonchartered nonpublic elementary or secondary school;
(5) Any school issued a certificate of registration by the state board of career colleges and schools.
(B) When a person who is blind, deaf, or hearing impaired, a person with a mobility impairment, or a trainer of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement, or resort, all institutions of education, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
(1) The dog shall not occupy a seat in any public conveyance.
(2) The dog shall be upon a leash while using the facilities of a common carrier.
(3) Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
(B)
(C)
No
person shall recklessly
deprive
a person who is blind, deaf, or hearing impaired, a person who has a
mobility impairment, or a trainer of an assistance dog when the
person or trainer, as applicable, is accompanied by an assistance dog
of any of the advantages, facilities, or privileges provided in
division (A)(B)
of this section, and no person shall charge the person or trainer a
fee or charge for the dog.
(D) Whoever violates division (C) of this section is guilty of a misdemeanor of the fourth degree.
(C)
As used in this section, "institutions of education" means:
(1)
Any state university or college as defined in section 3345.32 of the
Revised Code;
(2)
Any private college or university that holds a certificate of
authorization issued by the Ohio board of regents pursuant to Chapter
1713. of the Revised Code;
(3)
Any elementary or secondary school operated by a board of education;
(4)
Any chartered or nonchartered nonpublic elementary or secondary
school;
(5)
Any school issued a certificate of registration by the state board of
career colleges and schools.
Sec.
955.44. All
fines collected for violations of sections
955.02, 955.09, 955.10,
955.11, 955.21955.12,
955.22955.21,
955.24,
955.23,
955.25,
and 955.261 of the Revised Code shall be deposited in the county
treasury to the credit of the dog and kennel fund.
Sec. 955.50. (A) No person shall sell, offer to sell, or expose for sale, for the purpose of resale or receive for delivery within this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail, any dog under the age of eight weeks.
(B) No person shall receive from outside this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail, any dog that is not accompanied by a certificate, issued by a licensed veterinarian who is accredited by the United States department of agriculture and authorized to issue health certificates for animals in interstate commerce, certifying that the dog is sufficiently sound and healthy to be reasonably expected to withstand the intended transportation without adverse effect.
(C) This section does not apply to the transportation of dogs in interstate commerce by common carrier, provided that neither the point of shipment nor the point of receiving is within this state.
(D)
No person responsible for the transportation of a pregnant dog to any
point within this state or from any point within this state to any
point outside this state shall be liable in damages for any injury to
or illness of, or the death of, the dog or any puppies, whenevr
whenever
the injury, illness, or death results from the birth of such puppies
during the time the dog is being transported.
(E) Whoever recklessly violates this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
Sec.
955.54. (A)
No person who is convicted of or pleads guilty to a felony offense of
violence committed on or after the
effective date of this section
May 22, 2012,
or a felony violation of any provision of Chapter 959., 2923., or
2925. of the Revised Code committed on or after the
effective date of this section
May 22, 2012,
shall knowingly own, possess, have custody of, or reside in a
residence with either
any
of
the following for a period of three years commencing either upon the
date of release of the person from any period of incarceration
imposed for the offense or violation or, if the person is not
incarcerated for the offense or violation, upon the date of
that
the
person's
final release from the other sanctions imposed for person
plead guilty to or was convicted of the
offense or violation:
(1) An unspayed or unneutered dog older than twelve weeks of age;
(2) Any dog that has been determined to be a dangerous dog or vicious dog under Chapter 955. of the Revised Code;
(3) Any dog that does not have a permanently implanted microchip that has an identification number that is unique to the microchip.
(B)
A
person described in division (A) of this section shall microchip for
permanent identification any dog owned, possessed by, or in the
custody of the person.
(C)(1)
Division (A) of this section does not apply to any person who is
confined in a correctional institution of the department of
rehabilitation and correction.
(2)
Division (A) of this section does not apply to any person with
respect to any dog that the person owned, possessed, had custody of,
or resided in a residence with prior to the
effective date of this section
May 22, 2012.
(C) Whoever recklessly violates this section is guilty of a misdemeanor of the first degree.
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 both of the following:
(1) A citation to the applicable provision or provisions of law at issue;
(2) Contact information for the authorized person.
(C) The authorized person shall post the notice on the door of the dwelling at which the dog resides within twenty-four hours after the authorized person concludes the investigation.
Sec. 959.132. (A) As used in this section:
"Companion animal" has the same meaning as in section 959.131 of the Revised Code.
"Impounding agency" means a county humane society organized under section 1717.05 of the Revised Code, an animal shelter, or a law enforcement agency that has impounded a companion animal in accordance with this section.
"Offense" means a violation of Chapter 959. of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate Chapter 959. of the Revised Code.
"Officer" means any law enforcement officer, humane society agent, or other person appointed to act as an animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution.
(B) An officer may seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound an animal that is the subject of an offense in a shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter 955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such an animal in a shelter owned, operated, or controlled by that board and has executed, in the case when the officer is other than a dog warden or assistant dog warden, a contract specifying the terms and conditions of the impoundment.
(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal not later than twenty-four hours after the animal was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized. The notice shall include a statement that a hearing will be held not later than ten days after the notice is provided or at the next available court date to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded.
(D) An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment if a licensed veterinarian determines it to be necessary because the animal is suffering.
(E)(1) Not later than ten days after notice is provided or at the next available court date, the court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is necessary and reasonable to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded.
(2)
If the court determines that probable cause does not exist, the court
immediately shall order the impounding agency to return the animal to
its owner if possible. If the animal cannot be returned because it
has died as a result of neglect or other misconduct by the impounding
agency or if the animal is injured as a result of neglect or other
misconduct by the impounding agency, the court shall order the
impounding agency to pay the owner an amount determined by the court
to be equal to the reasonable market value of the animal at the time
that it was impounded plus statutory interest as defined in section
1343.03 of the Revised Code from the date of the impoundment or an
amount determined by the court to be equal to the reasonable cost of
treatment of the injury to the animal, as applicable. The requirement
established in division (E)(2) of this section regarding the payment
of the reasonable market value of the animal shall not apply in the
case of a dog that, in violation of section 955.01
955.02
of
the Revised Code, was not registered at the time it was seized and
impounded.
(3) If the court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the court, in consultation with the impounding agency, determines is necessary and reasonable to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the court issues an order that specifies otherwise.
(F) If a person is convicted of committing an offense, the court may impose the following additional penalties against the person:
(1) A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's impoundment. A bond or cash deposit posted under this section may be applied to the costs.
(2) An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the animal.
(G)
If a person is found not guilty of committing an offense, the court
immediately shall order the impounding agency to return the animal to
its owner if possible and to return the entire amount of any bond or
cash deposit posted under division (E) of this section. If the animal
cannot be returned because it has died as a result of neglect or
other misconduct by the impounding agency or if the animal is injured
as a result of neglect or other misconduct by the impounding agency,
the court shall order the impounding agency to pay the owner an
amount determined by the court to be equal to the reasonable market
value of the animal at the time that it was impounded plus statutory
interest as defined in section 1343.03 of the Revised Code from the
date of the impoundment or an amount determined by the court to be
equal to the reasonable cost of treatment of the injury to the
animal, as applicable. The requirements established in this division
regarding the return of a bond or cash deposit and the payment of the
reasonable market value of the animal shall not apply in the case of
a dog that, in violation of section 955.01
955.02
of
the Revised Code, was not registered at the time it was seized and
impounded.
(H) If charges are filed under section 959.131 of the Revised Code against the custodian or caretaker of a companion animal, but the companion animal that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the companion animal to provide to the companion animal the necessities described in division (D)(2), (D)(3), (E)(2), (E)(3), (F)(2), or (F)(3) of section 959.131 of the Revised Code until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the companion animal is being kept, at the times and under the conditions that the court may set, to determine whether the companion animal is receiving those necessities and to remove and impound the companion animal if the companion animal is not receiving those necessities.
Sec. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state.
(2) Every person on active duty in the armed forces of the United States, while on leave or furlough, may take or catch fish of the kind lawfully permitted to be taken or caught within the state, may hunt any wild bird or wild quadruped lawfully permitted to be hunted within the state, and may trap fur-bearing animals lawfully permitted to be trapped within the state, without procuring a fishing license, a hunting license, a fur taker permit, or a wetlands habitat stamp required by this chapter, provided that the person shall carry on the person when fishing, hunting, or trapping, a card or other evidence identifying the person as being on active duty in the armed forces of the United States, and provided that the person is not otherwise violating any of the hunting, fishing, and trapping laws of this state.
In order to hunt deer or wild turkey, any such person shall obtain a deer or wild turkey permit, as applicable, under section 1533.11 of the Revised Code. Such a person is eligible to obtain a deer or wild turkey permit at the resident rate, regardless of whether the person is a resident of this state. However, the person need not obtain a hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by rule adopted under section 1531.10 of the Revised Code all of the following:
(1) Every resident of this state with a disability that has been determined by the veterans administration to be permanently and totally disabling, who receives a pension or compensation from the veterans administration, and who received an honorable discharge from the armed forces of the United States, and every veteran to whom the registrar of motor vehicles has issued a set of license plates under section 4503.41 of the Revised Code, shall be issued a fishing license, hunting license, fur taker permit, deer or wild turkey permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief.
(2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting license, fur taker permit, deer or wild turkey permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief.
(3) Every resident of state or county institutions, charitable institutions, and military homes in this state shall be issued an annual fishing license free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief.
(4)
As used in division (B)(4) of this section, "blind" and
"person with a mobility impairment" have the same meanings
as in section 955.011
955.021
of
the Revised Code.
Any person with a mobility impairment or blind person who is a resident of this state and who is unable to engage in fishing without the assistance of another person shall be issued an annual fishing license free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. The person who is assisting the person with a mobility impairment or blind person may assist in taking or catching fish of the kind permitted to be taken or caught without procuring the license required under section 1533.32 of the Revised Code, provided that only one line is used by both persons.
(5) As used in division (B)(5) of this section, "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably discharged from the military forces, and is a resident of this state shall be issued a fishing license, hunting license, fur taker permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section 1531.08 of the Revised Code designating not more than two days, which need not be consecutive, in each year as "free sport fishing days" on which any resident may exercise the privileges accorded the holder of a fishing license issued under section 1533.32 of the Revised Code without procuring such a license, provided that the person is not otherwise violating any of the fishing laws of this state.
Sec. 1901.18. (A) Except as otherwise provided in this division or section 1901.181 of the Revised Code, subject to the monetary jurisdiction of municipal courts as set forth in section 1901.17 of the Revised Code, a municipal court has original jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of money or personal property of which the court of common pleas has jurisdiction;
(3) In any action at law based on contract, to determine, preserve, and enforce all legal and equitable rights involved in the contract, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal property under chattel mortgage, lien, encumbrance, or other charge, for the foreclosure and marshalling of liens on personal property of that nature, and for the rendering of personal judgment in the action or proceeding;
(5) In any action or proceeding to enforce the collection of its own judgments or the judgments rendered by any court within the territory to which the municipal court has succeeded, and to subject the interest of a judgment debtor in personal property to satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement of temporary protection orders pursuant to section 2919.26 of the Revised Code or protection orders pursuant to section 2903.213 of the Revised Code or the enforcement of protection orders issued by courts of another state, as defined in section 2919.27 of the Revised Code;
(10) If the municipal court has a housing or environmental division, in any action over which the division is given jurisdiction by section 1901.181 of the Revised Code, provided that, except as specified in division (B) of that section, no judge of the court other than the judge of the division shall hear or determine any action over which the division has jurisdiction;
(11) In any action brought pursuant to division (I) of section 4781.40 of the Revised Code, if the residential premises that are the subject of the action are located within the territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1) of section 3767.41 of the Revised Code that relates to a public nuisance, and, to the extent any provision of this chapter conflicts or is inconsistent with a provision of that section, the provision of that section shall control in the civil action;
(13)
In a proceeding brought pursuant to section 955.222
955.23
of
the Revised Code by the owner of a dog that has been designated as a
nuisance dog, dangerous dog, or vicious dog;
(14) In every civil action concerning a violation of a state traffic law or a municipal traffic ordinance.
(B) The Cleveland municipal court also shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real property under lien of a judgment of the municipal court or a lien for machinery, material, or fuel furnished or labor performed, irrespective of amount, and, in those actions and proceedings, the court 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.
(2) 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 amount claimed by the plaintiff does not exceed fifteen thousand dollars and the real property is situated within the territory, and, in those actions, the court may proceed to foreclose all liens and all vested and contingent rights and may proceed to render judgments and make findings and orders between the parties in the same manner and to the same extent as in similar actions in the court of common pleas.
(3) In all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction;
(4) In all actions for injunction to prevent or terminate violations of the ordinances and regulations of the city of Cleveland enacted or promulgated under the police power of the city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those actions, the 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.
(C) As used in this section, "violation of a state traffic law or a municipal traffic ordinance" has the same meaning as in section 1901.20 of the Revised Code.
Sec. 1907.031. (A) Except as otherwise provided in section 1907.03 of the Revised Code and in addition to the jurisdiction authorized in other sections of this chapter and in section 1909.11 of the Revised Code, a county court has original jurisdiction within its district in all of the following actions or proceedings and to perform all of the following functions:
(1) In an action or proceeding at law for the recovery of money or personal property of which the court of common pleas has jurisdiction;
(2) In an action at law based on contract, to determine, preserve, and enforce all legal and equitable rights involved in the contract, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties to the contract;
(3) In an action or proceeding for the sale of personal property under chattel mortgage, lien, encumbrance, or other charge, for the foreclosure and marshalling of liens on the personal property, and for the rendering of personal judgment in the action or proceeding;
(4) In an action or proceeding to enforce the collection of its own judgments and to subject the interest of a judgment debtor in personal property to satisfy judgments enforceable by the county court;
(5) In an action or proceeding in the nature of interpleader;
(6) In an action of forcible entry and detainer;
(7)
In a proceeding brought pursuant to section 955.222
955.23
of
the Revised Code by the owner of a dog that has been designated as a
nuisance dog, dangerous dog, or vicious dog;
(8) In every civil action or proceeding concerning a violation of a state traffic law or a municipal traffic ordinance.
(B) A county court has original jurisdiction in civil actions as described in division (B)(1) of section 3767.41 of the Revised Code that relate to a public nuisance. To the extent any provision of this chapter conflicts or is inconsistent with a provision of that section, the provision of that section shall control in such a civil action.
(C) As used in this section, "violation of a state traffic law or a municipal traffic ordinance" has the same meaning as in section 1901.20 of the Revised Code.
Sec. 2913.01. As used in this chapter, unless the context requires that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;
(2) Dispose of property so as to make it unlikely that the owner will recover it;
(3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services, professional services, rental services, public utility services including wireless service as defined in division (F)(1) of section 128.01 of the Revised Code, common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of section 2913.04 of the Revised Code, include cable services as defined in that section.
(F) "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.
(H) "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.
(J) "Slug" means an object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.08, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former section 2913.47 or 2913.48, or section 2913.51, 2915.05, or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, substantially equivalent to any section listed in division (K)(1) of this section or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of this or any other state, or of the United States, involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (K)(1), (2), or (3) of this section.
(L) "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.
(M) "Computer" means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.
(N) "Computer system" means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.
(O) "Computer network" means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.
(P) "Computer program" means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs, procedures, and other documentation associated with the operation of a computer system.
(R) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, "data" has the additional meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property.
(X) "Telecommunication" means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method.
(Y) "Telecommunications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.
(Z) "Telecommunications service" means the providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. "Counterfeit telecommunications device" includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.
(BB)(1) "Information service" means, subject to division (BB)(2) of this section, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including, but not limited to, electronic publishing.
(2) "Information service" does not include any use of a capability of a type described in division (BB)(1) of this section for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five years of age or older.
(DD) "Disabled adult" means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;
(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, "misuse of computer and network services" includes, but is not limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as "port scanners" or "probes" to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.
(ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called "ping," "tcpdump," and "traceroute" and other network monitoring and management computer software, and computer programs commonly known as "nslookup" and "whois" and other systems administration computer software.
(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a computer contaminant, as defined in section 2909.01 of the Revised Code, into a computer, computer system, computer program, or computer network.
(JJ) "Police dog or horse" has the same meaning as in section 2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen.
(LL)
"Assistance dog" has the same meaning as in section 955.011
955.021
of
the Revised Code.
(MM) "Federally licensed firearms dealer" has the same meaning as in section 5502.63 of the Revised Code.
(NN) "Active duty service member" means any member of the armed forces of the United States performing active duty under title 10 of the United States Code.
Sec. 2921.321. (A) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
(1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.
(2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
(B) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog or horse;
(2) Throw an object or substance at a police dog or horse;
(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
(a) Inhibits or restricts the law enforcement officer's control of the police dog or horse;
(b) Deprives the law enforcement officer of control of the police dog or horse;
(c) Releases the police dog or horse from its area of control;
(d) Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
(e) Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.
(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct, the police dog or horse is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse.
(C) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
(1) The dog, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment.
(2) The dog, at the time the physical harm is caused or attempted, is not assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment, but the offender has actual knowledge that the dog is an assistance dog.
(D) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike an assistance dog;
(2) Throw an object or substance at an assistance dog;
(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a person who is blind, deaf, or hearing impaired or a person with a mobility impairment who is being assisted or served by an assistance dog, in a manner that does any of the following:
(a) Inhibits or restricts the assisted or served person's control of the dog;
(b) Deprives the assisted or served person of control of the dog;
(c) Releases the dog from its area of control;
(d) Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
(e) Inhibits or restricts the ability of the dog to assist the assisted or served person.
(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment or that the person knows is an assistance dog.
(E)(1) Whoever violates division (A) of this section is guilty of assaulting a police dog or horse, and shall be punished as provided in divisions (E)(1)(a) and (b) of this section.
(a) Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, assaulting a police dog or horse is a felony of the third degree and the court shall impose as a mandatory prison term one of the definite prison terms prescribed in division (A)(3)(b) of section 2929.14 of the Revised Code for a felony of the third degree. If the violation results in serious physical harm to the police dog or horse other than its death, assaulting a police dog or horse is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree.
(b) In addition to any other sanction imposed for assaulting a police dog or horse, if the violation of division (A) of this section results in the death of the police dog or horse, the sentencing court shall impose as a financial sanction a mandatory fine under division (B)(10) of section 2929.18 of the Revised Code. The fine shall be paid to the law enforcement agency that was served by the police dog or horse that was killed, and shall be used by that agency only for one or more of the following purposes:
(i) If the dog or horse was not owned by the agency, the payment to the owner of the dog or horse of the cost of the dog or horse and the cost of the training of the dog or horse to qualify it as a police dog or horse, if that cost has not previously been paid by the agency;
(ii) After payment of the costs described in division (E)(1)(b)(i) of this section, if applicable, payment of the cost of replacing the dog or horse that was killed;
(iii) After payment of the costs described in division (E)(1)(b)(i) of this section, if applicable, payment of the cost of training the replacement dog or horse to qualify it as a police dog or horse;
(iv) After payment of the costs described in division (E)(1)(b)(i) of this section, if applicable, payment of the cost of further training of the replacement dog or horse that is needed to train it to the level of training that had been achieved by the dog or horse that was killed.
(2) Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided in this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, harassing a police dog or horse is a felony of the third degree. If the violation results in serious physical harm to the police dog or horse, but does not result in its death, harassing a police dog or horse, is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse, but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.
(3) Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, assaulting an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog other than its death, assaulting an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree.
(4) Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, harassing an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog, but does not result in its death, harassing an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog, but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.
(5) In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929., or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:
(a) Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog regarding a violation of division (C) or (D) of this section;
(b) The cost of any damaged equipment that results from the violation;
(c) If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog;
(d) If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
(F) This section does not apply to a licensed veterinarian whose conduct is in accordance with Chapter 4741. of the Revised Code.
(G) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.
(H) As used in this section:
(1) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(2) "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.
(3) "Serious physical harm" means any of the following:
(a) Any physical harm that carries a substantial risk of death;
(b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;
(c) Any physical harm that causes acute pain of a duration that results in substantial suffering.
(4)
"Assistance dog," "blind," and "person with
a mobility impairment" have the same meanings as in section
955.011
955.021
of
the Revised Code.
Section 2. That existing sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011, 955.012, 955.013, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.09, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321 of the Revised Code are hereby repealed.
Section 3. That sections 955.08, 955.21, 955.23, 955.24, 955.25, 955.39, 955.51, 955.52, 955.53, and 955.99 of the Revised Code are hereby repealed.
Section 4. The owner of a dog who holds a valid dangerous dog registration certificate for the dog that was issued under division (I) of section 955.22 of the Revised Code as that section existed prior to its amendment by this act shall renew the certificate beginning on the first day of December of the year in which this section takes effect, but not later than the thirty-first day of January of the subsequent year regardless of when the owner would have been required to renew the certificate under former law. Except as otherwise provided in this section, the owner shall file the application in accordance with section 955.02 of the Revised Code as amended by this act.
If the renewal required by this section results in a reduction of the registration period for which the owner paid fifty dollars under former law, the owner shall pay a registration fee for the renewal required by this section in an amount that is prorated as determined by the county auditor of the county in which the owner resides. Thereafter, the owner shall renew the dangerous dog registration certificate in accordance with section 955.02 of the Revised Code as amended by this act.