As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 189

Representatives Walcher, Webster 

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A BILL

To amend sections 955.11, 955.22, 955.28, 955.99,

1

1901.18, 1907.031, and 4741.03 and to enact

2

section 955.222 of the Revised Code to establish a

3

process by which owners, keepers, or harborers of

4

dogs that have been designated as dangerous or

5

vicious may appeal that designation, to revise the

6

definitions of "dangerous dog," "vicious dog," and

7

"without provocation," to increase the fee imposed

8

for the transfer of ownership of a dog, and to

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make other changes to the laws governing dogs.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 955.11, 955.22, 955.28, 955.99,	11
1901.18, 1907.031, and 4741.03 be amended and section 955.222 of	12
the Revised Code be enacted to read as follows:	13

Sec. 955.11.  (A) As used in this section:

14

(1)(a) "Dangerous dog" means a dog that, without provocation,	15
and subject to division (A)(1)(b) of this section, has chased or	16
approached any person in either a menacing fashion or an apparent	17
attitude of attack, or has attempted to bite or otherwise endanger	18
any person, or has caused injury other than serious physical harm	19
to any person while that dog is off the premises of its owner,	20
keeper, or harborer and not under the reasonablephysical control	21
of its owner, keeper, harborer, or some other responsible person,	22
or not physically restrained or confined in a locked pen which has	23
a top, locked fenced yard, or other locked enclosure which has a	24
top.	25

(b) "Dangerous dog" does not include a police dog that has	26
chased or approached any person in either a menacing fashion or an	27
apparent attitude of attack, or has attempted to bite or otherwise	28
endanger any person while the police dog is being used to assist	29
one or more law enforcement officers in the performance of their	30
official duties.	31

(2) "Menacing fashion" means that a dog would cause any	32
person being chased or approached to reasonably believe that the	33
dog will cause physical injury to that person.	34

(3) "Police dog" means a dog that has been trained, and may	35
be used, to assist one or more law enforcement officers in the	36
performance of their official duties.	37

(4)(a) "Vicious dog" means a dog that, without provocation	38
and subject to division (A)(4)(b) of this section, meets any of	39
the following:	40

(i) Has killed or caused serious injuryphysical harm to any	41
person without provocation;	42

(ii) Has caused injury, other than killing or serious injury,	43
to any person, or has killed another dog.without provocation;	44

(iii) Belongs to a breed that is commonly known as a pit bull	45
dog. The ownership, keeping, or harboring of such a breed of dog	46
shall be prima-facie evidence of the ownership, keeping, or	47
harboring of a vicious dogHas been possessed, trained, or used	48
for purposes of dogfighting.	49

(b) "Vicious dog" does not include either of the following:

50

(i) A police dog that has killed or caused serious injury	51
physical harm to any person or that has caused injury, other than	52
killing or serious injuryphysical harm, to any person while the	53
police dog is being used to assist one or more law enforcement	54
officers in the performance of their official duties;	55

(ii) A dog that has killed or caused serious injuryphysical	56
harm to any person while a person was committing or attempting to	57
commit a trespass or other criminal offense on the property of the	58
owner, keeper, or harborer of the dog.	59

(5) "Without provocation" means that a dog was not teased,	60
tormented, orphysically abused, or attempted to be physically	61
abused by a person or another animal, or that the dog was not	62
coming to the aid or the defense of a person who was not engaged	63
in illegal or criminal activity and who was not using the dog as a	64
means of carrying out such activity.	65

(6) "Serious physical harm" means physical harm that involves	66
any of the following:	67

(a) A substantial risk of death;

68

(b) Permanent incapacity, whether partial or total, or	69
temporary, substantial incapacity;	70

(c) Permanent disfigurement or temporary, serious	71
disfigurement;	72

(d) Acute pain of a duration that results in substantial	73
suffering;	74

(e) Any degree of prolonged or intractable pain.

75

(B) Upon the transfer of ownership of any dog, the seller of	76
the dog shall give the buyer a transfer of ownership certificate	77
that shall be signed by the seller. The certificate shall contain	78
the registration number of the dog, the name of the seller, and a	79
brief description of the dog. Blank forms of the certificate may	80
be obtained from the county auditor. A transfer of ownership shall	81
be recorded by the auditor upon presentation of a transfer of	82
ownership certificate that is signed by the former owner of a dog	83
and that is accompanied by a fee of twenty-five centsone dollar.	84

(C) Prior to the transfer of ownership or possession of any	85
dog, upon the buyer's or other transferee's request, the seller or	86
other transferor of the dog shall give to the person a written	87
notice relative to the behavior and propensities of the dog.	88

(D) Within ten days after the transfer of ownership or	89
possession of any dog, if the seller or other transferor of the	90
dog has knowledge that the dog is a dangerous or vicious dog, he	91
the seller or other transferor shall give to the buyer or other	92
transferee, the board of health for the district in which the	93
buyer or other transferee resides, and the dog warden of the	94
county in which the buyer or other transferee resides, a completed	95
copy of a written form on which the seller or other transferor	96
shall furnish the following information:	97

(1) The name and address of the buyer or other transferee of	98
the dog;	99

(2) The age, sex, color, breed, and current registration	100
number of the dog.	101

In addition, the seller or other transferor shall answer the	102
following questions, which shall be specifically stated on the	103
form as follows:	104

"Has the dog ever chased or attempted to attack or bite a	105
person? If yes, describe the incident(s) in which the behavior	106
occurred."	107

"Has the dog ever bitten a person? If yes, describe the	108
incident(s) in which the behavior occurred."	109

"Has the dog ever seriously injured or killed a person? If	110
yes, describe the incident(s) in which the behavior occurred."	111

The dog warden of the county in which the seller or other	112
transferor resides shall furnish the form to the seller or other	113
transferor at no cost.	114

(E) No seller or other transferor of a dog shall fail to	115
comply with the applicable requirements of divisions (B) to (D) of	116
this section.	117

Sec. 955.22.  (A) As used in this section, "dangerous:

118

(1) "Dangerous dog" and "vicious dog" have the same meanings	119
as in section 955.11 of the Revised Code.	120

(2) "Locked" means secured with a device that requires a key	121
or combination to open.	122

(B) No owner, keeper, or harborer of any female dog shall	123
permit it to go beyond the premises of the owner, keeper, or	124
harborer at any time the dog is in heat unless the dog is properly	125
in leash.	126

(C) Except when a dog is lawfully engaged in hunting and	127
accompanied by the owner, keeper, harborer, or handler of the dog,	128
no owner, keeper, or harborer of any dog shall fail at any time to	129
do either of the following:	130

(1) Keep the dog physically confined or restrained upon the	131
premises of the owner, keeper, or harborer by aan adequate leash,	132
tether, adequateor fence, under adequate supervision, or within a	133
secure enclosure to prevent escape;	134

(2) Keep the dog under the reasonablephysical control of	135
some person.	136

(D) Except when a dangerous or vicious dog is lawfully	137
engaged in hunting or training for the purpose of hunting and is	138
accompanied by the owner, keeper, harborer, or handler of the dog,	139
no owner, keeper, or harborer of a dangerous or vicious dog shall	140
fail to do either of the following:	141

(1) While that dog is on the premises of the owner, keeper,	142
or harborer, securely confine it at all times in a locked pen that	143
has a top, locked fenceda yard that is enclosed by a locked fence	144
not less than six feet in height, or some other locked enclosure	145
that has a top, except that a dangerous dog may, in the	146
alternative, be tied with a leash or tether so that the dog is	147
adequately restrained;	148

(2) While that dog is off the premises of the owner, keeper,	149
or harborer, keep that dog on a chain-link leash or tether that is	150
not more than six feet in length and additionally do at least one	151
of the following:	152

(a) Keep that dog in a locked pen that has a top, locked	153
fenceda yard that is enclosed by a locked fence not less than six	154
feet in height, or some other locked enclosure that has a top;	155

(b) Have the leash or tether controlled by a person who is of	156
suitable age and discretion or securely attach, tie, or affix the	157
leash or tether to the ground or a stationary object or fixture so	158
that the dog is adequately restrained and station such a person in	159
close enough proximity to that dog so as to prevent it from	160
causing injury to any person;	161

(c) Muzzle that dogAdequately muzzle the dog and keep the	162
dog on a chain-link leash that is not more than six feet in length	163
and that is controlled by a person who is of suitable age and	164
discretion. In no case shall the person controlling the leash be	165
younger than fourteen years of age.	166

(E) No owner, keeper, or harborer of a vicious dog shall fail	167
to obtain liability insurance with an insurer authorized to write	168
liability insurance in this state providing coverage in each	169
occurrence, subject to a limit, exclusive of interest and costs,	170
of not less than one hundred thousand dollars because of damage or	171
bodily injury to or death of a person caused by the vicious dog.	172
Failure to produce proof of the required liability insurance at	173
the request of a person who is authorized to enforce this chapter	174
shall be prima-facie evidence of the lack of the insurance.	175

(F) No person shall do any of the following:

176

(1) Debark or surgically silence a dog that the person knows	177
or has reason to believe is a vicious dog;	178

(2) Possess a vicious dog if the person knows or has reason	179
to believe that the dog has been debarked or surgically silenced;	180

(3) Falsely attest on a waiver form provided by the	181
veterinarian under division (G) of this section that the person's	182
dog is not a vicious dog or otherwise provide false information on	183
that written waiver form.	184

(G) Before a veterinarian debarks or surgically silences a	185
dog, the veterinarian may give the owner of the dog a written	186
waiver form that attests that the dog is not a vicious dog. The	187
written waiver form shall include all of the following:	188

(1) The veterinarian's license number and current business	189
address;	190

(2) The number of the license of the dog if the dog is	191
licensed;	192

(3) A reasonable description of the age, coloring, and gender	193
of the dog as well as any notable markings on the dog;	194

(4) The signature of the owner of the dog attesting that the	195
owner's dog is not a vicious dog;	196

(5) A statement that division (F) of section 955.22 of the	197
Revised Code prohibits any person from doing any of the following:	198

(a) Debarking or surgically silencing a dog that the person	199
knows or has reason to believe is a vicious dog;	200

(b) Possessing a vicious dog if the person knows or has	201
reason to believe that the dog has been debarked or surgically	202
silenced;	203

(c) Falsely attesting on a waiver form provided by the	204
veterinarian under division (G) of section 955.22 of the Revised	205
Code that the person's dog is not a vicious dog or otherwise	206
provide false information on that written waiver form.	207

(H) It is an affirmative defense to a charge of a violation	208
of division (F) of this section that the veterinarian who is	209
charged with the violation obtained, prior to debarking or	210
surgically silencing the dog, a written waiver form that complies	211
with division (G) of this section and that attests that the dog is	212
not a vicious dog.	213

(I) No person shall own, keep, or harbor more than one	214
vicious dog or allow the presence of more than one vicious dog on	215
the premises where the person resides.	216

(J) No person who has been convicted of a violation of this	217
chapter or of Chapter 959. or 2925. of the Revised Code that is a	218
felony shall own, keep, or harbor a vicious dog or reside on	219
premises where a vicious dog is owned, kept, or harbored.	220

(K) Before releasing a dog that has been seized by a person	221
who is authorized to enforce this chapter in response to an	222
alleged violation of this chapter, the person who seized the dog	223
may require the owner, keeper, or harborer of the dog to have the	224
dog registered and vaccinated as required by law and, if the dog	225
is a vicious dog, may require proof that the owner, keeper, or	226
harborer possesses the liability insurance that is required under	227
this section. The person who seized the dog may hold the owner,	228
keeper, or harborer liable for any costs associated with	229
registering and vaccinating the dog that the person incurred as	230
well as for costs associated with the housing, feeding, and care	231
of the dog after the seizure. The person who seized the dog is not	232
required to release the dog until the owner, keeper, or harborer	233
pays all applicable costs.	234

Sec. 955.222. (A)(1) Except as otherwise provided in division	235
(A)(2) of this section, the board of county commissioners of each	236
county shall appoint at least one hearing officer to conduct	237
hearings in accordance with this section concerning the	238
designation of a dog as a dangerous or vicious dog. In order to be	239
eligible for appointment as a hearing officer, a person shall be	240
an employee of the county or shall be experienced and	241
knowledgeable concerning canine behavior, or both. The board shall	242
not appoint a person as a hearing officer if the person is	243
authorized to enforce this chapter, is employed by a person	244
authorized to enforce this chapter, or is employed by a court.	245

A person who is appointed as a hearing officer under this	246
section shall complete a course in canine behavior that is at	247
least six hours in length and that is approved by the state	248
veterinary medical licensing board under section 4741.03 of the	249
Revised Code. The training requirement shall be considered to be	250
satisfied if the course is completed during the time period that	251
begins two years prior to the appointment and ends six months	252
after the appointment. The training requirement does not apply to	253
an appointee who has graduated from a veterinary college approved	254
by the state veterinary medical licensing board or accredited by	255
the American veterinary medical association or who has been issued	256
a certificate by the education commission for foreign veterinary	257
graduates of the American veterinary medical association.	258

A board of county commissioners has complete discretion	259
concerning matters of compensation of any hearing officer that it	260
appoints under this section.	261

(2) A board of county commissioners may choose not to appoint	262
any hearing officers to conduct hearings in accordance with this	263
section. In that case, the municipal court or county court that	264
has territorial jurisdiction over the residence of the owner,	265
keeper, or harborer of a dog shall conduct any hearing concerning	266
the designation of the dog as a dangerous or vicious dog.	267

(B) If a person who is authorized to enforce this chapter has	268
reasonable cause to believe that a dog in the person's	269
jurisdiction is a dangerous or vicious dog, the person shall	270
notify the owner, keeper, or harborer of that dog, by certified	271
mail or in person, of both of the following:	272

(1) That the person has designated the dog a dangerous or	273
vicious dog, as applicable;	274

(2) That the owner, keeper, or harborer of the dog may	275
request a hearing regarding the designation in accordance with	276
this section. The notice shall include instructions for filing a	277
request for a hearing in the county in which the dog's owner,	278
keeper, or harborer resides.	279

(C) If the owner, keeper, or harborer of the dog refutes its	280
designation as a dangerous or vicious dog, as applicable, the	281
owner, keeper, or harborer, not later than ten days after	282
receiving notification of the designation, may request a hearing	283
regarding the determination. The request for a hearing shall be in	284
writing and shall be filed with a hearing officer who has been	285
appointed in accordance with this section for the county in which	286
the dog's owner, keeper, or harborer resides. If no such hearing	287
officer has been appointed, the request shall be filed with the	288
municipal court or county court that has territorial jurisdiction	289
over the residence of the dog's owner, keeper, or harborer.	290

If the request is filed with a hearing officer, the hearing	291
officer, not later than five days after the filing of the request,	292
shall set the date and time for a hearing on the request and shall	293
notify the owner, keeper, or harborer of the dog and the person	294
who designated the dog as dangerous or vicious, by certified mail	295
or in person. The date of the hearing shall be not more than	296
thirty days after the request is filed with the hearing officer.	297

At a hearing conducted by a hearing officer, the owner,	298
keeper, or harborer of the dog and the person who designated the	299
dog as dangerous or vicious may bring witnesses and submit	300
information to support or refute the dog's designation. After the	301
hearing, the hearing officer shall make a final determination on	302
whether the dog is a dangerous or vicious dog, as applicable. The	303
hearing officer shall notify, by certified mail, the owner,	304
keeper, or harborer of the dog and the person who designated the	305
dog as dangerous or vicious of the hearing officer's	306
determination.	307

Not later than thirty days after the hearing officer makes a	308
final determination, the owner, keeper, or harborer of the dog or	309
the person who designated the dog as dangerous or vicious may	310
appeal the hearing officer's determination to the municipal court	311
or county court that has territorial jurisdiction over the	312
residence of the owner, keeper, or harborer.	313

In the case of a hearing conducted by a municipal court or	314
county court, the owner, keeper, or harborer of the dog or the	315
person who designated the dog as dangerous or vicious may appeal	316
the court's final determination as in any other case filed in that	317
court.	318

(D) A hearing officer or a court, as applicable, upon motion	319
of an owner, keeper, or harborer or an attorney representing the	320
owner, keeper, or harborer, may order that the dog designated as a	321
dangerous or vicious dog be held in the possession of the owner,	322
keeper, or harborer until the hearing officer or court makes a	323
final determination under this section or during the pendency of	324
an appeal, as applicable. Until the hearing officer or court makes	325
a final determination and during the pendency of any appeal, the	326
dog shall be confined or restrained in accordance with the	327
provisions of division (D) of section 955.22 of the Revised Code	328
that apply to dangerous dogs regardless of whether the dog has	329
been designated as a vicious dog rather than a dangerous dog. The	330
owner, keeper, or harborer of the dog shall not be required to	331
comply with any other requirements established in the Revised Code	332
that concern a dangerous or vicious dog, as applicable, until the	333
hearing officer or court makes a final determination and during	334
the pendency of any appeal.	335

Sec. 955.28.  (A) Subject to divisions (A)(2) and (3) of	336
section 955.261 of the Revised Code, a dog that is chasing or	337
approaching in a menacing fashion or apparent attitude of attack,	338
that attempts to bite or otherwise endanger, or that kills or	339
injures a person or a dog that chases, injures, or kills	340
livestock, poultry, other domestic animal, or other animal, that	341
is the property of another person, except a cat or another dog,	342
can be killed at the time of that chasing, approaching, attempt,	343
killing, or injury. If, in attempting to kill such a dog, a person	344
wounds it, hethe person is not liable to prosecution under the	345
penal laws whichthat punish cruelty to animals.	346

(B) The owner, keeper, or harborer of a dog is liable in	347
damages for any injury, death, or loss to person or property that	348
is caused by the dog, unless the injury, death, or loss was caused	349
to the person or property of an individual who, at the time, was	350
committing or attempting to commit a trespass or other criminal	351
offense on the property of the owner, keeper, or harborer, or was	352
committing or attempting to commit a criminal offense against any	353
person, or was teasing, tormenting, or abusing the dog on the	354
owner's, keeper's, or harborer's property.	355

Sec. 955.99.  (A)(1) Whoever violates division (E) of section	356
955.11 of the Revised Code because of a failure to comply with	357
division (B) of that section is guilty of a minor misdemeanor.	358

(2) Whoever violates division (E) of section 955.11 of the	359
Revised Code because of a failure to comply with division (C) or	360
(D) of that section is guilty of a minor misdemeanor on a first	361
offense and of a misdemeanor of the fourth degree on each	362
subsequent offense.	363

(B) Whoever violates section 955.10, 955.23, 955.24, or	364
955.25 of the Revised Code is guilty of a minor misdemeanor.	365

(C) Whoever violates section 955.261, 955.39, or 955.50 of	366
the Revised Code is guilty of a minor misdemeanor on a first	367
offense and of a misdemeanor of the fourth degree on each	368
subsequent offense.	369

(D) Whoever violates division (F) of section 955.16, section	370
955.24, or division (B) of section 955.43 of the Revised Code is	371
guilty of a misdemeanor of the fourth degree.	372

(E)(1) Whoever violates section 955.21 or division (B) or (C)	373
of section 955.22 of the Revised Code shall be fined not less than	374
twenty-five dollars or more than one hundred dollars on a first	375
offense, and on each subsequent offense shall be fined not less	376
than seventy-five dollars or more than two hundred fifty dollars	377
and may be imprisoned for not more than thirty days.	378

(2) In addition to the penalties prescribed in division	379
(E)(1) of this section, if the offender is guilty of a violation	380
of division (B) or (C) of section 955.22 of the Revised Code, the	381
court may order the offender to personally supervise the dog that	382
the offender owns, keeps, or harbors, to cause that dog to	383
complete dog obedience training, or to do both.	384

(F) If a violation of division (D) of section 955.22 of the	385
Revised Code involves a dangerous dog, whoever violates that	386
division is guilty of a misdemeanor of the fourth degree on a	387
first offense and of a misdemeanor of the third degree on each	388
subsequent offense. Additionally, the court may order the offender	389
to personally supervise the dangerous dog that the offender owns,	390
keeps, or harbors, to cause that dog to complete dog obedience	391
training, or to do both, and the court may order the offender to	392
obtain liability insurance pursuant to division (E) of section	393
955.22 of the Revised Code. The court, in the alternative, may	394
order the dangerous dog to be humanely destroyed by a licensed	395
veterinarian, the county dog warden, or the county humane society.	396

(G) If a violation of division (D) of section 955.22 of the	397
Revised Code involves a vicious dog, whoever violates that	398
division is guilty of one of the following:	399

(1) A felony of the fourth degree on a first or subsequent	400
offense if the dog kills or seriously injurescauses serious	401
physical harm to a person, as "serious physical harm" is defined	402
in section 955.11 of the Revised Code. Additionally, the court	403
shall order that the vicious dog be humanely destroyed by a	404
licensed veterinarian, the county dog warden, or the county humane	405
society.	406

(2) A misdemeanor of the first degree on a first offense and	407
a felony of the fourth degree on each subsequent offense.	408
Additionally, the court may order the vicious dog to be humanely	409
destroyed by a licensed veterinarian, the county dog warden, or	410
the county humane society or to be surgically spayed or neutered	411
by a licensed veterinarian at the expense of the owner, keeper, or	412
harborer.	413

(3) A misdemeanor of the first degree if the dog causes	414
injury, other than killing or serious injuryphysical harm, to any	415
person, as "serious physical harm" is defined in section 955.11 of	416
the Revised Code.	417

(H) Whoever violates division (A)(2) of section 955.01 or	418
division (E) of section 955.22 of the Revised Code is guilty of a	419
misdemeanor of the first degree.	420

(I) Whoever violates division (C) of section 955.221 of the	421
Revised Code is guilty of a minor misdemeanor. Each day of	422
continued violation constitutes a separate offense. Fines levied	423
and collected for violations of that division shall be distributed	424
by the mayor or clerk of the municipal or county court in	425
accordance with section 733.40, division (F) of section 1901.31,	426
or division (C) of section 1907.20 of the Revised Code to the	427
treasury of the county, township, or municipal corporation whose	428
resolution or ordinance was violated.	429

(J) Whoever violates division (F)(1), (2), or (3) of section	430
955.22 of the Revised Code is guilty of a felony of the fourth	431
degree. Additionally, the court shall order that the vicious dog	432
be humanely destroyed by a licensed veterinarian, the county dog	433
warden, or the county humane society.	434

(K) Whoever violates division (I) or (J) of section 955.22 of	435
the Revised Code is guilty of a misdemeanor of the first degree on	436
a first offense and a felony of the fourth degree on each	437
subsequent offense. Additionally, the court may order either of	438
the following with respect to a vicious dog that was involved in	439
the violation:	440

(1) Humane destruction of the dog by a licensed veterinarian,	441
the county dog warden, or the county humane society;	442

(2) Surgical spaying or neutering of the dog by a licensed	443
veterinarian at the expense of the dog's owner, keeper, or	444
harborer.	445

Sec. 1901.18.  (A) Except as otherwise provided in this	446
division or section 1901.181 of the Revised Code, subject to the	447
monetary jurisdiction of municipal courts as set forth in section	448
1901.17 of the Revised Code, a municipal court has original	449
jurisdiction within its territory in all of the following actions	450
or proceedings and to perform all of the following functions:	451

(1) In any civil action, of whatever nature or remedy, of	452
which judges of county courts have jurisdiction;	453

(2) In any action or proceeding at law for the recovery of	454
money or personal property of which the court of common pleas has	455
jurisdiction;	456

(3) In any action at law based on contract, to determine,	457
preserve, and enforce all legal and equitable rights involved in	458
the contract, to decree an accounting, reformation, or	459
cancellation of the contract, and to hear and determine all legal	460
and equitable remedies necessary or proper for a complete	461
determination of the rights of the parties to the contract;	462

(4) In any action or proceeding for the sale of personal	463
property under chattel mortgage, lien, encumbrance, or other	464
charge, for the foreclosure and marshalling of liens on personal	465
property of that nature, and for the rendering of personal	466
judgment in the action or proceeding;	467

(5) In any action or proceeding to enforce the collection of	468
its own judgments or the judgments rendered by any court within	469
the territory to which the municipal court has succeeded, and to	470
subject the interest of a judgment debtor in personal property to	471
satisfy judgments enforceable by the municipal court;	472

(6) In any action or proceeding in the nature of	473
interpleader;	474

(7) In any action of replevin;

475

(8) In any action of forcible entry and detainer;

476

(9) In any action concerning the issuance and enforcement of	477
temporary protection orders pursuant to section 2919.26 of the	478
Revised Code or protection orders pursuant to section 2903.213 of	479
the Revised Code or the enforcement of protection orders issued by	480
courts of another state, as defined in section 2919.27 of the	481
Revised Code;	482

(10) If the municipal court has a housing or environmental	483
division, in any action over which the division is given	484
jurisdiction by section 1901.181 of the Revised Code, provided	485
that, except as specified in division (B) of that section, no	486
judge of the court other than the judge of the division shall hear	487
or determine any action over which the division has jurisdiction;	488

(11) In any action brought pursuant to division (I) of	489
section 3733.11 of the Revised Code, if the residential premises	490
that are the subject of the action are located within the	491
territorial jurisdiction of the court;	492

(12) In any civil action as described in division (B)(1) of	493
section 3767.41 of the Revised Code that relates to a public	494
nuisance, and, to the extent any provision of this chapter	495
conflicts or is inconsistent with a provision of that section, the	496
provision of that section shall control in the civil action;	497

(13) In a proceeding brought pursuant to section 955.222 of	498
the Revised Code by the owner of a dog that has been designated as	499
a dangerous or vicious dog if the owner resides in a county in	500
which no hearing officer has been appointed under that section to	501
conduct hearings concerning such designations.	502

A municipal court has appellate jurisdiction within its	503
territory in any appeal brought pursuant to section 955.222 of the	504
Revised Code with respect to the final determination of a hearing	505
officer concerning the designation of a dog as a dangerous or	506
vicious dog.	507

(B) The Cleveland municipal court also shall have	508
jurisdiction within its territory in all of the following actions	509
or proceedings and to perform all of the following functions:	510

(1) In all actions and proceedings for the sale of real	511
property under lien of a judgment of the municipal court or a lien	512
for machinery, material, or fuel furnished or labor performed,	513
irrespective of amount, and, in those actions and proceedings, the	514
court may proceed to foreclose and marshal all liens and all	515
vested or contingent rights, to appoint a receiver, and to render	516
personal judgment irrespective of amount in favor of any party.	517

(2) In all actions for the foreclosure of a mortgage on real	518
property given to secure the payment of money or the enforcement	519
of a specific lien for money or other encumbrance or charge on	520
real property, when the amount claimed by the plaintiff does not	521
exceed fifteen thousand dollars and the real property is situated	522
within the territory, and, in those actions, the court may proceed	523
to foreclose all liens and all vested and contingent rights and	524
may proceed to render judgments and make findings and orders	525
between the parties in the same manner and to the same extent as	526
in similar actions in the court of common pleas.	527

(3) In all actions for the recovery of real property situated	528
within the territory to the same extent as courts of common pleas	529
have jurisdiction;	530

(4) In all actions for injunction to prevent or terminate	531
violations of the ordinances and regulations of the city of	532
Cleveland enacted or promulgated under the police power of the	533
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	534
Constitution, over which the court of common pleas has or may have	535
jurisdiction, and, in those actions, the court may proceed to	536
render judgments and make findings and orders in the same manner	537
and to the same extent as in similar actions in the court of	538
common pleas.	539

Sec. 1907.031.  (A) Except as otherwise provided in section	540
1907.03 of the Revised Code and in addition to the jurisdiction	541
authorized in other sections of this chapter and in section	542
1909.11 of the Revised Code, a county court has original	543
jurisdiction within its district in all of the following actions	544
or proceedings and to perform all of the following functions:	545

(1) In an action or proceeding at law for the recovery of	546
money or personal property of which the court of common pleas has	547
jurisdiction;	548

(2) In an action at law based on contract, to determine,	549
preserve, and enforce all legal and equitable rights involved in	550
the contract, to decree an accounting, reformation, or	551
cancellation of the contract, and to hear and determine all legal	552
and equitable remedies necessary or proper for a complete	553
determination of the rights of the parties to the contract;	554

(3) In an action or proceeding for the sale of personal	555
property under chattel mortgage, lien, encumbrance, or other	556
charge, for the foreclosure and marshalling of liens on the	557
personal property, and for the rendering of personal judgment in	558
the action or proceeding;	559

(4) In an action or proceeding to enforce the collection of	560
its own judgments and to subject the interest of a judgment debtor	561
in personal property to satisfy judgments enforceable by the	562
county court;	563

(5) In an action or proceeding in the nature of interpleader;

564

(6) In an action of forcible entry and detainer;

565

(7) In a proceeding brought pursuant to section 955.222 of	566
the Revised Code by the owner of a dog that has been designated as	567
a dangerous or vicious dog if the owner resides in a county in	568
which no hearing officer has been appointed under that section to	569
conduct hearings concerning such designations.	570

A county court has appellate jurisdiction within its	571
territory in any appeal brought pursuant to section 955.222 of the	572
Revised Code with respect to the final determination of a hearing	573
officer concerning the designation of a dog as a dangerous or	574
vicious dog.	575

(B) A county court has original jurisdiction in civil actions	576
as described in division (B)(1) of section 3767.41 of the Revised	577
Code that relate to a public nuisance. To the extent any provision	578
of this chapter conflicts or is inconsistent with a provision of	579
that section, the provision of that section shall control in such	580
a civil action.	581

Sec. 4741.03.  (A) The state veterinary medical licensing	582
board shall meet at least once in each calendar year and may hold	583
additional meetings as often as it considers necessary to conduct	584
the business of the board. The president of the board may call	585
special meetings and the executive secretary shall call special	586
meetings upon the written request of three members of the board.	587
The board shall organize by electing a president and	588
vice-president from its veterinarian members and such other	589
officers as the board prescribes by rule. Each officer shall serve	590
for a term specified by board rule or until a successor is elected	591
and qualified. A quorum of the board consists of four members of	592
which at least three are members who are veterinarians. The	593
concurrence of four members is necessary for the board to take any	594
action.	595

(B) The board may appoint a person, not one of its members,	596
to serve as its executive secretary. The executive secretary is in	597
the unclassified service and serves at the pleasure of the board.	598
The executive secretary shall serve as the board's	599
secretary-treasurer ex officio. The board may employ additional	600
employees for professional, technical, clerical, and special work	601
as it considers necessary. The executive secretary shall give a	602
surety bond to the state in the sum the board requires,	603
conditioned upon the faithful performance of the executive	604
secretary's duties. The board shall pay the cost of the bond. The	605
executive secretary shall keep a complete accounting of all funds	606
received and of all vouchers presented by the board to the	607
director of budget and management for the disbursement of funds.	608
The president or executive secretary shall approve all vouchers of	609
the board. All money received by the board shall be credited to	610
the occupational licensing and regulatory fund.	611

(C) In addition to any other duty required under this	612
chapter, the board shall do all of the following:	613

(1) Prescribe a seal;

614

(2) Hold at least one examination during each calendar year	615
for applicants for a license. The board shall provide public	616
notice of the time and place for the examination. The examination	617
for applicants for a license to practice veterinary medicine shall	618
be either written or oral, or both, as determined by the board,	619
and may include a practical demonstration. The examination may	620
include all subjects relevant to veterinary medicine the board	621
determines appropriate, including public health and jurisprudence.	622

(3) Keep a record of all of its meetings and proceedings;

623

(4) Maintain a register that records all applicants for a	624
certificate of license or a temporary permit, all persons who have	625
been denied a license or permit, all persons who have been granted	626
or reissued a license or permit, and all persons whose license or	627
permit has been revoked or suspended. The register shall also	628
include a record of persons licensed prior to October 17, 1975.	629

(5) Maintain a register, in such form as the board determines	630
by rule, of all colleges and universities that teach veterinary	631
medicine and that are approved by the board;	632

(6) Enforce this chapter, and for that purpose, make	633
investigations relative as provided in section 4741.26 of the	634
Revised Code;	635

(7) Issue licenses and permits to persons who meet the	636
qualifications set forth in this chapter;	637

(8) Approve colleges and universities whichthat meet the	638
board's requirements for veterinary medicine and associated fields	639
of study and withdraw or deny, after an adjudication conducted in	640
accordance with Chapter 119. of the Revised Code, approval from	641
colleges and universities whichthat fail to meet those	642
requirements;	643

(9) Adopt rules, in accordance with Chapter 119. of the	644
Revised Code, whichthat are necessary for its government and for	645
the administration and enforcement of this chapter;	646

(10) Develop standards for courses in canine behavior that	647
must be completed by hearing officers under section 955.222 of the	648
Revised Code and approve courses that meet the standards.	649

(D) The board may do all of the following:

650

(1) Subpoena witnesses and require their attendance and	651
testimony, require the production by witnesses of books, papers,	652
public records, animal patient records, and other documentary	653
evidence, and examine them in relation to any matter whichthat	654
the board has authority to investigate, inquire into, or hear.	655
Except for any officer or employee of the state or any political	656
subdivision of the state, the treasurer of state shall pay all	657
witnesses in any proceeding before the board, upon certification	658
from the board, witness fees in the same amount as provided in	659
section 2335.06 of the Revised Code.	660

(2) Examine and inspect books, papers, public records, animal	661
patient records, and other documentary evidence at the location	662
where the books, papers, records, and other evidence are normally	663
stored or maintained;	664

(3) Create an advisory committee consisting of members of the	665
animal health and allied medical services in this state to confer	666
with and assist the board in the adoption of rules pertaining to	667
divisions (B) to (E) of section 4741.19 and divisions (A), (D),	668
(E), and (F) of section 4741.20 of the Revised Code.	669

(E) All registers, books, and records kept by the board are	670
the property of the board and are open for public examination and	671
inspection at all reasonable times. The registers, books, and	672
records are prima-facie evidence of the matters contained therein.	673

Section 2. That existing sections 955.11, 955.22, 955.28,	674
955.99, 1901.18, 1907.031, and 4741.03 of the Revised Code are	675
hereby repealed.	676