| Section 1. That sections 951.01, 951.10, 951.11, 951.12, | 27 |
|
951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, | 28 |
|
955.08,
955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, | 29 |
|
955.18, 955.19,
955.20, 955.201, 955.21, 955.22, 955.26, | 30 |
|
955.261,
955.27, 955.28, 955.29, 955.351, 955.41,
955.42, | 31 |
|
955.44, 955.51, 955.99,
957.16, 959.131,
959.132, 959.99, | 32 |
|
1717.02,
1717.05,
1717.06,
1717.08,
1717.09,
1717.14, | 33 |
|
3719.01, 4501.21,
4729.01, and
4736.01 be
amended,
sections | 34 |
|
955.26 (955.40),
955.261 (955.41),
955.41
(955.43),
955.43 | 35 |
|
(955.45),
955.44
(955.46),
and
957.16 (901.36) be
amended for | 36 |
|
the purpose
of
adopting new
section
numbers as
indicated in | 37 |
|
parentheses, and
new section
955.39 and
sections
109.804, | 38 |
|
951.20, 951.21, 951.22,
955.014,
955.13, 955.161,
955.391, | 39 |
|
957.01,
957.02, 957.03, 957.04,
957.05, and
957.99 of
the | 40 |
|
Revised Code be
enacted to
read as
follows: | 41 |
| Sec. 109.804. (A) Not later than nine months after the | 42 |
|
effective date of
this section, the Ohio peace officer training | 43 |
|
commission shall develop criteria to be
used in the training | 44 |
|
courses that are required in section 955.13 of the Revised Code | 45 |
|
and
shall provide an opportunity for public comment on proposed | 46 |
|
criteria before final criteria are adopted. When developing | 47 |
|
criteria for a basic animal control course, the commission shall | 48 |
|
consult with the department of health, the Ohio
farm bureau | 49 |
|
federation, the Ohio county dog wardens association,
the Ohio | 50 |
|
veterinary medical association, the county
commissioners | 51 |
|
association of Ohio, and the Ohio
federation of
humane | 52 |
|
societies. The commission may consult with other appropriate | 53 |
|
agencies and
sportsperson
advocacy groups. The course shall | 54 |
|
include training
in understanding all duties that are required to | 55 |
|
be performed by dog wardens and deputy dog wardens under section | 56 |
|
955.12 of
the Revised Code. | 57 |
| (B) The commission shall ensure the availability of
the | 58 |
|
training courses through the Ohio county dog wardens association. | 59 |
|
The association
shall keep and maintain records of
all dog | 60 |
|
wardens and deputy dog wardens
appointed or employed under | 61 |
|
section
955.12 of the Revised Code who
complete training courses | 62 |
|
provided
by it. The association shall submit
copies of the | 63 |
|
records to the commission
after the completion of
each training | 64 |
|
course. The
commission
shall keep and maintain the
training | 65 |
|
records
for all dog wardens and deputy dog wardens appointed or | 66 |
|
employed under section 955.12 of the
Revised Code for the purpose | 67 |
|
of documenting and
ensuring that the
dog wardens and deputy dog | 68 |
|
wardens are
in compliance with section 955.13 of
the Revised | 69 |
|
Code. | 70 |
| Sec. 951.11. A person finding an animal at large in | 108 |
violation of section
951.01 or 951.02 of the Revised Code, may, | 109 |
|
and a law enforcement officer of a
county, township, city, or | 110 |
village, on view or information, shall, take and
confine suchthe | 111 |
|
animal, forthwith giving notice thereof to the owner or keeper,
if | 112 |
known, and, if not known, by publishing a notice describing such | 113 |
animal at
least once in a newspaper of general circulation in the | 114 |
county, township,
city, or
village wherein the animal was found. | 115 |
| If a person, other than a law enforcement officer of a county, | 116 |
|
township, city, or village, finds an animal at large, that person | 117 |
|
shall notify a law enforcement officer of the county, township, | 118 |
|
city, or village in which the animal is found not later than | 119 |
|
twenty-four hours after the animal is found. If the owner or | 120 |
|
keeper does not appear
and claim the animal and pay the | 121 |
|
compensation prescribed in section 951.13 of
the Revised Code for | 122 |
so taking, advertising, and keeping it within ten days
from the | 123 |
date of such noticeon which the animal is confined, such person | 124 |
|
or the county shall have a lien
therefor and the animal may be | 125 |
|
sold at public auction as provided in section
1311.49 of the | 126 |
|
Revised Code, and the residue of the proceeds of sale shall be | 127 |
|
paid and deposited by the treasurer in the general fund of the | 128 |
|
county. | 129 |
| For the purpose of compliance with the requirement that the | 185 |
|
vaccination of a ferret against rabies be administered by or under | 186 |
|
the supervision of a veterinarian, "veterinarian" includes a | 187 |
|
veterinarian that is licensed in another state and that uses | 188 |
|
vaccines against rabies that are licensed by the United States | 189 |
|
department of agriculture. The owner, keeper, or harborer of a | 190 |
|
ferret that is vaccinated against rabies in another state and that | 191 |
|
is moved into this state shall provide proof of vaccination | 192 |
|
against rabies for the ferret to the board of health of the health | 193 |
|
district in which the ferret resides. | 194 |
| (F) Nothing in this section limits the authority of the | 204 |
|
legislative authority of a municipal corporation to adopt and | 205 |
|
enforce ordinances, or a board of health to adopt and enforce | 206 |
|
rules or to issue and enforce orders, for the prevention or | 207 |
|
control of rabies, including ordinances, rules, or orders | 208 |
|
requiring the issuance of rabies vaccination certificates | 209 |
|
supplied to veterinarians and the establishment and collection of | 210 |
|
a
fee for supplying the vaccination certificates within
the | 211 |
|
municipal corporation or health district, as applicable. Any
fee | 212 |
|
established by the legislative authority or board under this | 213 |
|
section shall not exceed one dollar for a vaccination certificate. | 214 |
|
The fee shall be used by the municipal
corporation or board of | 215 |
|
health to defray the costs of procuring
and distributing rabies | 216 |
|
vaccination certificates and for
promoting vaccinations of | 217 |
|
ferrets. | 218 |
| Sec. 951.21. (A) Whenever, in the judgment of the director of | 236 |
|
health, a board of health, or
persons performing the duties of a | 237 |
|
board of health, rabies is
prevalent enough to pose a health | 238 |
|
hazard to the general public, the director of health, the
board, | 239 |
|
or those persons
shall declare a quarantine of all ferrets
in the | 240 |
|
health district or
in a part of it. During the quarantine,
the | 241 |
|
owner, keeper, or
harborer of a ferret shall keep it confined
on | 242 |
|
the premises of the
owner, keeper, or harborer, or in a
suitable | 243 |
|
holding place, at
the expense of the owner, keeper, or
harborer, | 244 |
|
except that a ferret
may be permitted to leave the
premises of | 245 |
|
its owner, keeper, or
harborer if it is under the
control of a | 246 |
|
responsible person. The quarantine order
shall be
considered an | 247 |
|
emergency and need not be published. | 248 |
| (B)(1) A veterinarian or other person who examines, treats, | 277 |
|
owns, harbors, or otherwise cares for a ferret that exhibits | 278 |
|
symptoms or behavior suggestive of rabies may report that the | 279 |
|
ferret exhibits
symptoms or behavior suggestive of rabies to the | 280 |
|
health
commissioner of the health district in which the ferret is | 281 |
|
examined, treated, owned, harbored, or otherwise cared for. | 282 |
| (2) If a health commissioner receives a report under division | 283 |
|
(B)(1) of this section, the health commissioner shall investigate | 284 |
|
the report and, if the ferret that is the subject of the report | 285 |
|
does exhibit symptoms or behavior suggestive of rabies, declare a | 286 |
|
quarantine or test the ferret in accordance with rules adopted | 287 |
|
under this section. The owner,
keeper, or harborer of the ferret, | 288 |
|
if known, shall pay all of the
expenses of a quarantine. | 289 |
| (E) The public health council shall adopt rules in accordance | 329 |
|
with Chapter 119. of the Revised Code establishing requirements | 330 |
|
and procedures for rabies quarantines and rabies testing of | 331 |
|
ferrets as required under this section. The rules shall be in | 332 |
|
compliance with the human rabies prevention recommendations of the | 333 |
|
advisory committee on immunization practices for the centers for | 334 |
|
disease control and prevention in the United States department of | 335 |
|
health and human services and the compendium of animal rabies | 336 |
|
prevention and control of the national association of state public | 337 |
|
health veterinarians. | 338 |
| (B) Whoever violates section 951.21 or 951.22 of the Revised | 341 |
|
Code is guilty of a misdemeanor of the fourth degree on a first | 342 |
|
offense, and the court shall impose on the offender a fine of at | 343 |
|
least seventy-five dollars. Whoever subsequently violates either | 344 |
|
of those sections is guilty of a misdemeanor of the third degree | 345 |
|
on each subsequent offense, and the court shall impose on the | 346 |
|
offender a fine of at least one hundred fifty dollars. The court | 347 |
|
shall not suspend the imposition of any fine established under | 348 |
|
this division. | 349 |
| Sec. 955.01. (A)(1) Except as otherwise provided in this | 350 |
|
section or in sections 955.011, 955.012, and 955.16 of the
Revised | 351 |
Code, every person who owns, keeps, or harbors a dog more than | 352 |
three months of age,or older shall file, on or after the
first | 353 |
|
day of
the
preceding
December, but before the thirty-first
day | 354 |
|
of
January of
each year,
in the office of the county auditor
of | 355 |
|
the
county in
which
the dog is kept or harbored, an
application | 356 |
|
for
registration
for
the following year, beginning
the | 357 |
|
thirty-first
day of
January
of
that year. The board of
county | 358 |
|
commissioners,
by resolution,
may
extend the period for
filing | 359 |
|
the application.
The
application
shall state the age,
sex, | 360 |
|
color, character of
hair,
whether short
or long, and breed,
if | 361 |
|
known, of the dog and
the
name and address
of the owner of the | 362 |
dog. A
registration fee
of twoten dollars for
each dog shall | 363 |
|
accompany
the application,
unless a greater fee
has been | 364 |
|
established under
division (A)(2)
of this section or
under | 365 |
|
section 955.14 of the
Revised Code. | 366 |
| (2) A board of county commissioners may establish a | 367 |
|
registration fee higher than the one provided for in division | 368 |
(A)(1) of this section for dogs more than ninesix months of age | 369 |
that
have not been spayed or neuteredsterilized, except that the | 370 |
|
higher
registration fee permitted by this division shall not apply | 371 |
|
if a
person registering a dog furnishes with the application | 372 |
|
either a
certificate from a licensed veterinarian verifying that | 373 |
the dog
should not be spayed or neuteredsterilized because of its | 374 |
|
age or medical
condition or because the dog is used or intended | 375 |
|
for use for show
or breeding purposes or a certificate from the | 376 |
|
owner of the dog
declaring that the owner holds a valid hunting | 377 |
|
license issued by
the division of wildlife of the department of | 378 |
|
natural resources
and that the dog is used or intended for use for | 379 |
|
hunting
purposes.
If the board establishes such a fee, the | 380 |
|
application
for
registration shall state whether the dog is | 381 |
spayed or
neuteredsterilized,
and whether a licensed | 382 |
veterinarian has certified that
the dog
should not be spayed or | 383 |
neuteredsterilized or the owner has stated
that the
dog is used | 384 |
|
or intended to be used for hunting purposes.
The board
may | 385 |
require a person who is registering a spayed or
neutered | 386 |
| sterilized dog
to furnish with the application a certificate from | 387 |
a
licensed
veterinarian verifying that the dog is spayed or | 388 |
neuteredsterilized. No
person shall furnish a certificate under | 389 |
this
division whichthat
the person knows to be false. | 390 |
| (B) If the application for registration is not filed and
the | 391 |
|
registration fee paid, on or before the thirty-first day of | 392 |
|
January of each year or, if the board of
county commissioners by | 393 |
|
resolution has extended the date to a date later than
the | 394 |
|
thirty-first day of January, the date
established by the board, | 395 |
|
the auditor shall assess a penalty in
an amount equal to the | 396 |
registration fee upon the owner, keeper,
or harborer, which must | 397 |
| shall be paid with the registration fee. | 398 |
| Sec. 955.011. (A) When an application is made for | 430 |
|
registration of an assistance dog and the owner can show proof by | 431 |
|
certificate or
other means that the dog is an assistance dog,
the | 432 |
|
owner of the dog shall
be exempt from any fee for the | 433 |
|
registration. Registration for
an assistance dog shall be | 434 |
|
permanent and not
subject to annual renewal so long as the dog is | 435 |
|
an assistance dog. Certificates and tags stamped "Ohio Assistance | 436 |
|
Dog-Permanent Registration," with registration number,
shall be | 437 |
|
issued upon registration of such a dog. Any certificate
and tag | 438 |
|
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio
Hearing | 439 |
|
Dog-Permanent Registration," with registration number,
that was | 440 |
|
issued for a dog in accordance with this section as it
existed | 441 |
|
prior to July 4, 1984, any certificate and tag stamped "Ohio | 442 |
|
Handicapped Assistance Dog-Permanent Registration," with | 443 |
|
registration number, that was issued for a dog in accordance with | 444 |
|
this section as it existed on and after July 5, 1984, but prior to | 445 |
|
November 26, 2004, and any certificate and tag stamped "Ohio | 446 |
|
Service Dog-Permanent Registration," with registration number, | 447 |
|
that was issued for a dog in accordance with this section as it | 448 |
existed on and after November 26, 2004, but prior to the effective | 449 |
date of this amendmentJune 30, 2006, shall remain in effect as | 450 |
|
valid
proof of the registration of the dog on and after November | 451 |
|
26, 2004.
Duplicate certificates and tags for a dog registered in | 452 |
|
accordance with this section, upon proper proof of loss, shall be | 453 |
|
issued and no fee required. Each duplicate certificate and tag | 454 |
|
that is issued shall be stamped "Ohio Assistance
Dog-Permanent | 455 |
|
Registration." | 456 |
| (1) "Mobility impaired person" means any person,
regardless | 459 |
|
of age, who is subject to a physiological defect or
deficiency | 460 |
|
regardless of its cause, nature, or extent that
renders the person | 461 |
|
unable to move about without the aid of
crutches, a wheelchair, or | 462 |
|
any other form of support, or that
limits the person's functional | 463 |
|
ability to ambulate, climb,
descend, sit, rise, or perform any | 464 |
|
related function. "Mobility impaired person" includes a person | 465 |
|
with a neurological or psychological disability that limits the | 466 |
|
person's functional ability to ambulate, climb, descend, sit, | 467 |
|
rise, or perform any related function. "Mobility impaired person" | 468 |
|
also includes a person with a seizure disorder. | 469 |
| Sec. 955.04. (A) Every owner of a kennel of dogs shall, in | 501 |
|
like
manner as provided in section 955.01 of the Revised Code, | 502 |
make
application for the registration of suchthe kennel, and pay | 503 |
to
the county auditor a registration fee of tenfifty dollars for | 504 |
|
each
such kennel, unless a greater fee has been established under | 505 |
section 955.14 of the Revised Code. If suchthe application is not | 506 |
|
filed and the fee paid, on or before the thirty-first
day of | 507 |
|
January
of each year, the auditor shall assess a penalty in an | 508 |
amount
equal to the registration fee upon the owner of suchthe | 509 |
kennel. The
payment of such kennel registration fee shall entitle | 510 |
the
licensee to not more than five tags, to bear consecutive | 511 |
numbers
and to be issued in like manner and have like effect when | 512 |
worn by
any dog owned in good faith by such licensee as the tags | 513 |
provided
for in section 955.08 of the Revised Code. Upon | 514 |
application to
the county auditor, additional tags, in excess of | 515 |
the five tags,
may be issued upon payment of an additional fee of | 516 |
one dollar per
tagowner of a kennel of dogs shall register each | 517 |
|
dog that is three months of age or older in accordance with | 518 |
|
section
955.01 of the Revised Code. | 519 |
| Sec. 955.05. (A)(1) After the thirty-first day of January of | 532 |
|
any
year, except as otherwise provided in division (A)(2) of this | 533 |
|
section or in section 955.012 or
955.16 of
the
Revised Code, | 534 |
|
every person, immediately upon becoming the
owner,
keeper, or | 535 |
harborer of any dog more than three months
of
age or older or | 536 |
|
brought from outside the state during any year,
shall
file like | 537 |
|
applications, with fees, as required by section
955.01
of the | 538 |
Revised Code, for registration for the current
year. If
suchthe | 539 |
application is not filed and the fee paid,
within thirty
days | 540 |
one business day
after suchthe dog is
acquired, becomes three | 541 |
|
months of
age, or is
brought from outside
the state, the | 542 |
|
auditor shall
assess a
penalty in an amount equal
to the | 543 |
registration fee upon
suchthe
owner, keeper, or
harborer, which | 544 |
mustshall be paid with
the
registration fee. | 545 |
| (2) The owner, keeper, or harborer of a dog who moves into | 546 |
|
this state from another state and who has registered the dog in | 547 |
|
the previous state of residence in accordance with laws of that | 548 |
|
state shall register the dog in accordance with section 955.01 of | 549 |
|
the Revised Code within thirty days after moving into this state. | 550 |
|
However, in lieu of paying the registration fee established in | 551 |
|
that section, the owner, keeper, or harborer shall pay the fee | 552 |
|
established under section 955.08 of the Revised Code for duplicate | 553 |
|
tags. | 554 |
| (B) Every person becoming the owner of a kennel of dogs after | 555 |
|
the
thirty-first day of January of any year shall file
like | 556 |
|
applications, with fees, as required by section 955.04 of the | 557 |
Revised Code, for the registration of suchthe kennel for the | 558 |
current
calendar year. If suchthe application is not filed and | 559 |
|
the fee paid
within thirty days after the person becomes the owner | 560 |
of suchthe
kennel, the auditor shall assess a penalty in an | 561 |
amount equal to
the registration fee upon the owner of suchthe | 562 |
|
kennel. | 563 |
| Sec. 955.08. In addition to the certificate of registration | 569 |
|
provided for by
section 955.07 of the Revised Code, the county | 570 |
|
auditor shall issue to every
person making application for the | 571 |
|
registration of a dog and paying the
required fee therefor a metal | 572 |
|
tag for each dog so registered. The form,
character, and lettering | 573 |
|
of the tag shall be prescribed by the county auditor.
Each year | 574 |
|
the tag shall be a color distinctive from that of the previous | 575 |
|
year. If a tag is lost, a duplicate shall be furnished by the | 576 |
auditor upon
proper proof of lossregistration and the payment of | 577 |
twenty-five cents for each duplicate
tag issued or payment of an | 578 |
alternatea fee for a duplicate tag, which the
board of county | 579 |
commissioners mayshall establish in an amount not to exceed one | 580 |
dollar and fifty centsfifteen per cent of the registration fee | 581 |
|
established in section 955.01 or 955.14 of the Revised Code, | 582 |
|
whichever is greater. | 583 |
Sec. 955.10. (A) No owner of a dog, except a dog constantly | 584 |
confined to a
registered kennel, shall fail to require the dog to | 585 |
wear, at all timeswhile off the owner's premises, a
valid
tag | 586 |
|
issued in connection with a
certificate of registration. A
dog's | 587 |
failure at any time to wear a
valid tag in accordance with
this | 588 |
|
section shall be prima-facie evidence of lack
of registration
and | 589 |
|
shall subject any dog found not wearing such a tag to
impounding, | 590 |
|
sale, or humane destruction in accordance with
section 955.16 of | 591 |
|
the Revised Code. | 592 |
| (1)(a) "Dangerous dog" means a dog that, without
provocation, | 613 |
|
and subject to division (A)(1)(b) of this section,
has chased or | 614 |
|
approached in either a menacing fashion or an
apparent attitude of | 615 |
|
attack, or has attempted to bite or
otherwise endanger any person, | 616 |
|
while that dog is off the premises
of its owner, keeper, or | 617 |
|
harborer and not under the reasonable
control of its owner, | 618 |
|
keeper, harborer, or some other responsible
person, or not | 619 |
physically restrained or confined in a locked pen
whichthat has a | 620 |
top, locked fenced yard, or other locked enclosure
whichthat has | 621 |
|
a top. | 622 |
(B) Upon the transfer of ownership of any dog, the seller | 660 |
transferor
of the dog shall give the buyertransferee a transfer | 661 |
of ownership
certificate that shall be signed by the seller | 662 |
transferor. TheExcept as otherwise provided in this division, the | 663 |
|
certificate
shall contain the registration number
of the dog, the | 664 |
name of the
sellertransferor, and a brief
description of the | 665 |
|
dog. A dog that is transferred to a county humane society | 666 |
|
organized under section 1717.05 of the Revised Code or an animal | 667 |
|
shelter operated by the county dog warden does not need
a | 668 |
|
registration number. Blank forms of the
certificate may be | 669 |
|
obtained from the county auditor or any animal shelter. A transfer | 670 |
|
of ownership shall be recorded by the auditor upon presentation
of | 671 |
|
a transfer of ownership certificate that is signed by the
former | 672 |
owner of a dog and that is accompanied by a fee of
twenty-five | 673 |
centsone dollar. | 674 |
| (D) Within ten days after the transfer of ownership or | 679 |
possession of any dog, if the seller or other transferor of the | 680 |
dog has knowledge that the dog is a dangerous or vicious dog, he | 681 |
the transferor shall give to the buyer or other transferee,
the | 682 |
board of health
for the district in which the buyer or other | 683 |
|
transferee resides,
and the dog warden of the county in which the | 684 |
buyer or other
transferee
resides, a completed copy of a written | 685 |
form on which
the sellertransferor shall furnish the following | 686 |
|
information: | 687 |
| Sec. 955.12. (A) The board of county commissioners shall | 711 |
|
appoint
or employ a county dog warden and deputies in such | 712 |
|
number, for
such periods of time,
and at such compensation as | 713 |
|
the
board
considers necessary to
enforce sections 955.01 to | 714 |
955.27,
955.29
to 955.38, and955.40,
955.41, and 955.50 of the | 715 |
|
Revised
Code. The board may establish a title other than county | 716 |
|
dog warden for the person that is responsible for the enforcement | 717 |
|
of those sections, including chief animal control officer. Any | 718 |
|
reference in those sections to county dog warden or dog warden is | 719 |
|
deemed to include such a person. | 720 |
| (B) The warden and deputies
shall make a record of all dogs | 727 |
|
owned, kept, and
harbored in
their respective counties. They | 728 |
|
shall
patrol their
respective
counties and seize and impound on | 729 |
sight
all dogs found
running at
large and all dogs more than | 730 |
|
three
months of age or older found
not wearing a valid | 731 |
|
registration tag, except
any dog that wears a
valid registration | 732 |
|
tag and is: on the
premises of its owner,
keeper, or harborer, | 733 |
|
under the reasonable
control of its owner or
some other person, | 734 |
|
hunting with its owner
or its handler at a
field trial, kept | 735 |
|
constantly confined in a
registered dog kennel,
or acquired by, | 736 |
|
and confined on the
premises of, an institution
or organization | 737 |
|
of the type described
in section 955.16 of the
Revised Code. A | 738 |
|
dog that wears a valid
registration tag may be
seized on the | 739 |
|
premises of its owner,
keeper, or harborer and
impounded only in | 740 |
|
the event of a natural
disaster. | 741 |
If a dog
warden(C) If a dog warden or
deputy dog warden has | 742 |
|
reason to believe that a dog is
being
treated
inhumanely on the | 743 |
|
premises of its owner, keeper, or
harborer, the
warden shall | 744 |
|
apply to the court of common
pleas for
the county in
which the | 745 |
|
premises are located for an
order to enter
the
premises, and if | 746 |
|
necessary, seize the dog. If
the court finds
probable cause to | 747 |
|
believe that the dog is being
treated
inhumanely, it shall issue | 748 |
|
such an order. | 749 |
| (D) The warden and
deputies
shall also investigate all | 750 |
|
claims for
damages to
animals reported
to them under
section | 751 |
|
955.29
of the
Revised Code and assist
claimants to fill
out the | 752 |
|
claim
form
therefor. They shall make
weekly reports, in | 753 |
|
writing, to
the
board in their respective
counties of all dogs | 754 |
|
seized,
impounded,
redeemed, and humanely
destroyed and of all | 755 |
|
claims for
damage
to animals
inflicted by
dogs. | 756 |
| (E) The wardens and
deputies
shall have the same police | 757 |
|
powers as
are conferred upon
sheriffs
and police officers in the | 758 |
|
performance
of their duties
as
prescribed by sections 955.01 to | 759 |
955.27, 955.29
to 955.38, and955.40, 955.41, and
955.50 of the | 760 |
|
Revised
Code. They shall also
have
power to summon
the | 761 |
|
assistance of
bystanders in performing
their
duties and may | 762 |
|
serve writs and
other legal processes issued
by
any
court in | 763 |
|
their respective
counties with reference to
enforcing
those | 764 |
|
sections. County
auditors may deputize the
wardens or
deputies | 765 |
to issue dog
licensesregistrations as provided in sections | 766 |
|
955.01 and
955.14
of the Revised Code. | 767 |
| (F)(1) Whenever any person files an affidavit in a
court of | 768 |
|
competent jurisdiction that there is a dog running at
large that | 769 |
is not kept constantly confined either in a registered
dog kennel | 770 |
or on the premises of an institution or organization
of the type | 771 |
|
described in section 955.16 of the Revised Code or
that a dog is | 772 |
|
kept or harbored in the warden's jurisdiction
without being | 773 |
|
registered as required by law, the court shall immediately order | 774 |
|
the warden to seize and impound the dog. Thereupon the
warden | 775 |
|
shall immediately seize and impound the dog complained of.
The | 776 |
|
warden shall give immediate notice by certified mail to the
owner, | 777 |
|
keeper, or harborer of the dog seized and impounded by
the | 778 |
|
warden, if the owner, keeper, or harborer can be
determined
from | 779 |
|
the
current year's registration list maintained by the warden
and | 780 |
|
the
county auditor of the county where the dog is registered, | 781 |
|
that
the dog has been impounded and that, unless the dog is | 782 |
|
redeemed
within fourteen days of the date of the notice, it may | 783 |
|
thereafter
be sold or humanely destroyed according to law. If the | 784 |
|
owner,
keeper, or
harborer cannot be determined from the current | 785 |
|
year's
registration list maintained by the warden and the county | 786 |
|
auditor
of the county where the dog is registered, the officer | 787 |
shall post
a notice in the pound or animal shelter both describing | 788 |
|
the dog
and place where seized and advising the unknown owner | 789 |
|
that,
unless
the dog is redeemed within three days, it may | 790 |
|
thereafter
be sold
or destroyed according to law. | 791 |
| (2) The dog warden shall give immediate
notice by delivery | 792 |
|
confirmation mail to the
owner,
keeper, or
harborer of the dog | 793 |
|
seized and impounded by the
warden, if the
owner, keeper, or | 794 |
|
harborer can be
determined from
the
current
year's registration | 795 |
|
list maintained by the
warden and the
county
auditor of the | 796 |
|
county where the dog is
registered or from a
microchip that has | 797 |
|
been inserted
subcutaneously into the dog,
that
the dog has been | 798 |
|
impounded. | 799 |
| (3) If the owner, keeper, or
harborer cannot be
determined | 809 |
|
from the current year's
registration list maintained by
the dog | 810 |
|
warden and the county auditor
of
the
county
where the dog is | 811 |
|
registered or from a microchip
inserted
subcutaneously into the | 812 |
|
dog, the warden shall post
a
notice in
the animal shelter both | 813 |
|
describing the dog
and
place
where
seized and advising the | 814 |
|
unknown owner that,
unless the
dog
is
redeemed within three | 815 |
|
days, it may thereafter
be sold or humanely
destroyed in | 816 |
|
accordance with section
955.16 of the Revised Code. | 817 |
| (H) If a dog that has had a microchip subcutaneously inserted | 823 |
|
into it is sold or humanely destroyed in accordance with section | 824 |
|
955.16 of the Revised Code, the dog warden, the
deputy dog | 825 |
|
warden, or the employee of an animal
shelter operated by the dog | 826 |
|
warden who attempted
to determine whether the dog has a | 827 |
|
subcutaneous microchip prior to
its sale or humane destruction is | 828 |
|
not liable in any civil action
that arises under the laws of this | 829 |
|
state for the sale or humane
destruction of the dog. However, the | 830 |
|
dog warden,
the deputy dog warden, or the employee of an animal | 831 |
|
shelter operated by the dog warden may be liable
if the warden, | 832 |
|
deputy, or employee violated this chapter when
attempting to make | 833 |
|
the determination required by division (G) of
this section. | 834 |
| (2) Division (A)(1) of this section does not apply to dog | 855 |
|
wardens and deputy dog wardens who
were appointed before the | 856 |
|
effective date of this section. In
addition, the commission may | 857 |
|
grant an exemption from the
training
course requirements | 858 |
|
established in division (A)(1) of
this
section to a dog warden | 859 |
|
or deputy dog warden who is appointed on or after the effective | 860 |
|
date of
this section if the dog warden or deputy dog warden has | 861 |
|
received training
that is equivalent to the requirements | 862 |
|
established in that
division. | 863 |
| Sec. 955.14. (A) Notwithstanding section 955.01 or 955.04 | 874 |
|
of the
Revised
Code, a board of county
commissioners by resolution | 875 |
|
may
increase dog and kennel
registration fees in the county. The | 876 |
|
amount of the fees shall
not exceed an amount that the board, in | 877 |
|
its discretion,
estimates is needed to pay all expenses for the | 878 |
|
administration
of this chapter and to pay claims allowed for | 879 |
|
animals injured or destroyed by dogs. Such a
resolution shall
be | 880 |
|
adopted not earlier than the first day of
February and not later | 881 |
|
than the
thirty-first day of August of any
year and shall apply to | 882 |
|
the
registration period
commencing
on the
first day of December of | 883 |
|
the current year and ending on the
thirty-first day of
January of | 884 |
|
the following year,
unless the
period is extended under section | 885 |
|
955.01 of the
Revised
Code. Any
increase in fees
adopted under | 886 |
this division shall be in the ratioincrements
of two dollars
for | 887 |
|
a dog
registration fee and ten dollars for a
kennel
registration | 888 |
|
fee. | 889 |
| (B) Not later than the
fifteenth day of October of
each
year, | 890 |
|
the board of county commissioners shall determine if
there
is | 891 |
|
sufficient money in the dog and kennel fund, after
paying the | 892 |
|
expenses of administration incurred or estimated to
be incurred | 893 |
|
for the remainder of the year, to pay the claims
allowed for | 894 |
|
animals injured or destroyed by
dogs. If the
board determines | 895 |
|
there is not sufficient money in
the dog and
kennel fund to pay | 896 |
|
the claims allowed, the board
shall provide by
resolution that all | 897 |
|
claims remaining unpaid
shall be paid from the
general fund of the | 898 |
|
county. All money
paid out of the general
fund
for those purposes | 899 |
|
may be
replaced
by the board from the dog
and
kennel fund at any | 900 |
|
time during the
following year
notwithstanding
section 5705.14 of | 901 |
|
the Revised
Code. | 902 |
| (C) Notwithstanding section 955.20 of the Revised Code, if | 903 |
|
dog and kennel registration fees in any county are increased to or | 904 |
above
twoten and tenfifty dollars, respectively, under authority | 905 |
|
of
division (A)
of this section, then on or before the first
day | 906 |
|
of
March
following each year in which the increased fees are in | 907 |
|
effect, the
county auditor shall draw on the dog and kennel fund
a | 908 |
|
warrant
payable to the college of veterinary medicine of the
Ohio | 909 |
state
university in an amount equal to tentwenty cents for each | 910 |
|
dog and kennel
registration fee received during the preceding | 911 |
|
year. The money
received by the college of veterinary medicine
of | 912 |
|
the Ohio state
university under this division shall be applied as | 913 |
|
follows: | 914 |
| (3) Two cents to be deposited to the credit of the dog warden | 926 |
|
training fund, which is hereby created in the
state treasury, to | 927 |
|
support the training of county dog wardens and
deputy dog wardens | 928 |
|
as required by section
955.13 of the Revised
Code. The Ohio | 929 |
|
county dog wardens
association shall be
responsible for | 930 |
|
administering
the fund. The
fund shall be used
to pay the | 931 |
|
expenses of the
association in providing the training for
dog | 932 |
|
wardens as required in that
section. The auditor of state shall | 933 |
|
audit expenditures of money
from the fund pursuant to section | 934 |
|
117.10 of the Revised Code. | 935 |
| (D) The Ohio state university college of veterinary
medicine | 936 |
|
shall be responsible to report annually to the general
assembly | 937 |
| and the Ohio county dog wardens association
the progress of the | 938 |
|
research and study authorized and
funded by
division (C) of this | 939 |
|
section. The report shall briefly
describe
the research projects | 940 |
|
undertaken and assess the value of
each.
The
report shall account | 941 |
|
for funds received pursuant to
division
(C)
of this section and | 942 |
|
for the funds expended
attributable to
each
research project and | 943 |
|
for other necessary
expenses in
conjunction
with the research | 944 |
|
authorized by division
(C) of this
section. The
report shall be | 945 |
|
filed with the general
assembly and the Ohio county dog wardens | 946 |
|
association by
the first day
of May of each year. | 947 |
| (E) The county auditor may authorize agents, including dog | 948 |
|
wardens, to receive
applications for registration
of dogs and | 949 |
|
kennels and to issue
certificates of registration and
tags. If | 950 |
|
authorized agents are
employed in a county, each
applicant for a | 951 |
|
dog or kennel
registration shall pay to the agent
an | 952 |
|
administrative fee of
seventy-five cents in addition to the | 953 |
|
registration fee. The
administrative fee shall be the compensation | 954 |
|
of the agent. The
county auditor shall establish rules for | 955 |
|
reporting and accounting
by the agents. No administrative or | 956 |
|
similar fee shall be
charged
in any county except as authorized by | 957 |
|
this division or division
(F) of this section. | 958 |
| (3) If the county auditor contracts with a third party to | 972 |
|
provide services
to enable registration via the internet as | 973 |
|
provided
in section 955.013 of the Revised Code, a
surcharge
or | 974 |
|
convenience fee as agreed to between that third
party and the | 975 |
|
county for those internet registration services. Any
additional | 976 |
|
expenses
incurred by the county auditor that result
from a | 977 |
|
contract with a third party
as provided in this section and | 978 |
|
section 955.013 of the Revised Code and that are not covered
by a | 979 |
|
surcharge or convenience fee shall be paid out of the allowance | 980 |
|
provided
to the county auditor under section 955.20 of the Revised | 981 |
|
Code. | 982 |
| (G) The county auditor shall post conspicuously the amount
of | 983 |
|
the
administrative fee, surcharge, or convenience fee that is | 984 |
|
permissible under
this section on the web page where the auditor | 985 |
|
accepts payments for
registrations made under division (B)(1) of | 986 |
|
section 955.013 of the Revised Code. If
any person chooses to
pay | 987 |
|
by financial transaction device, the administrative
fee, | 988 |
|
surcharge, or convenience fee shall be considered voluntary and is | 989 |
|
not
refundable. | 990 |
| Sec. 955.15. The board of county commissioners shall
provide | 993 |
nets and other suitable devicesequipment for the taking of dogs | 994 |
|
in
a humane manner, provide a suitable place for impounding dogs, | 995 |
|
make proper provision for feeding and caring for the same, and | 996 |
|
provide humane devices and methods for humanely destroying
dogs. | 997 |
|
In any
county in which there is a society for the prevention
of | 998 |
|
cruelty
to children and animals, having one or more agents and | 999 |
maintaining an animal shelter suitable for a dog pound and
devices | 1000 |
for humanely destroying dogs, the board need not
furnish
a dog | 1001 |
poundan animal shelter, but the county dog warden shall deliver | 1002 |
all dogs
seized by himthe warden
and histhe warden's
deputies | 1003 |
to suchthe society at
its animal
shelter, there to be dealt with | 1004 |
|
in accordance with law.
The
board
shall provide for the payment | 1005 |
of reasonable compensation
to
suchthe society for its services | 1006 |
|
so performed out of the dog
and
kennel fund. The board may | 1007 |
|
designate and appoint any officers
regularly employed by any | 1008 |
society organized under sections
1717.02
tosection 1717.05, | 1009 |
inclusive, of the Revised Code, to act as county dog warden or | 1010 |
|
deputies for the
purpose of carrying out
sections 955.01 to | 1011 |
955.27,
inclusive, and
955.29 to 955.38,
inclusive,955.40, | 1012 |
955.41, and
955.50 of the Revised
Code, if suchthe society | 1013 |
|
whose agents are
so employed owns or
controls a suitable place | 1014 |
|
for keeping and
humanely
destroying
dogs. | 1015 |
| (1) Immediate humane destruction of the dog is
necessary | 1020 |
|
because of obvious disease or injury. If the diseased or
injured | 1021 |
|
dog is registered, as determined from the current year's | 1022 |
|
registration list maintained by the warden and the county auditor | 1023 |
|
of the county where the dog is
registered, the necessity of | 1024 |
humanely
destroying the dog shall
be
certified by a licensed | 1025 |
|
veterinarian
or a registered veterinary
technician, as defined in | 1026 |
|
section 4741.01 of the Revised Code, who
is in consultation with | 1027 |
|
a veterinarian or is working under
standing orders of a | 1028 |
|
veterinarian. If the dog is not
registered,
the decision to | 1029 |
| humanely destroy it shall be made by the
warden. | 1030 |
| (3) The warden has contacted the
owner, keeper, or
harborer | 1037 |
|
under section 955.12 of the Revised
Code, and the owner,
keeper, | 1038 |
or harborer has requested that the
dog remain in the
pound or | 1039 |
animal shelter until the owner, keeper,
or harborer, or keeper | 1040 |
|
redeems the dog. The time for such
redemption shall be not more | 1041 |
|
than forty-eight hours following the
end of the appropriate | 1042 |
|
redemption period. | 1043 |
| (4) A dog is not currently registered on the registration | 1044 |
|
list maintained by the dog warden and the
auditor of the county | 1045 |
|
where the dog was seized and impounded, but
has had a microchip | 1046 |
|
inserted subcutaneously into it
and its owner
is identifiable by | 1047 |
|
the dog warden
that
impounded it, in which case the dog shall be | 1048 |
|
kept, housed,
and
fed for seven days for the purpose of | 1049 |
|
redemption unless the
dog
has an obvious disease or injury. | 1050 |
| At any time after such periods of redemption, any dog not | 1051 |
|
redeemed shall be donated to any nonprofit special agency that is | 1052 |
|
engaged in the training of any type of assistance dogs and that | 1053 |
|
requests that the dog be
donated to it. Any dog not redeemed that | 1054 |
|
is not requested by
such an agency may be sold, except that no dog | 1055 |
|
sold to a person
other than a nonprofit teaching or research | 1056 |
|
institution or
organization of the type described in division (B) | 1057 |
of this
section shall be discharged from the pound or animal | 1058 |
shelter
until the animal has been registered and, furnished with a | 1059 |
|
valid
registration tag, and vaccinated against rabies in | 1060 |
|
accordance with section 955.39 of the Revised Code, provided that | 1061 |
|
a veterinarian is readily available on the premises of the shelter | 1062 |
|
to administer the vaccination. If a
veterinarian is not available | 1063 |
|
to administer the vaccination, an
animal shelter may proceed to | 1064 |
|
discharge the dog without the
vaccination. | 1065 |
| (B) Any dog that is not redeemed within the applicable
period | 1066 |
|
as specified in this section or section 955.12 of the
Revised Code | 1067 |
|
from the time notice is mailed to its owner, keeper,
or harborer | 1068 |
or is posted at the pound or animal shelter, as
required by | 1069 |
|
section 955.12 of the Revised Code, and that is not
required to be | 1070 |
|
donated to a nonprofit special agency engaged in
the training of | 1071 |
any type of assistance dogs may, upon
payment to the dog warden or | 1072 |
poundkeeper of the sum of three
dollars, be sold to any nonprofit | 1073 |
|
Ohio institution or
organization
that is certified by the Ohio | 1074 |
|
public health council
as being
engaged in teaching or research | 1075 |
|
concerning the
prevention and
treatment of diseases of human | 1076 |
|
beings or animals.
Any dog that is
donated to a nonprofit special | 1077 |
|
agency engaged in
the training of
any type of assistance dogs in | 1078 |
|
accordance with division (A) of
this section and any dog that is | 1079 |
|
sold to any nonprofit teaching or
research institution or | 1080 |
organization shall be discharged from the
pound or animal shelter | 1081 |
|
without registration and may be kept by
the agency or by the | 1082 |
|
institution or organization without
registration so long as the | 1083 |
|
dog is being trained, or is being used
for teaching and research | 1084 |
|
purposes. | 1085 |
| Any institution or organization certified by the Ohio
public | 1086 |
|
health council that obtains dogs for teaching and research | 1087 |
|
purposes pursuant to this section shall, at all reasonable times, | 1088 |
make the dogs available for inspection by agents of the Ohio | 1089 |
humane society, appointed pursuant to section 1717.04 of the | 1090 |
Revised Code, and agents of county humane societies, appointed | 1091 |
|
pursuant to section 1717.06 of the Revised Code, in order that
the | 1092 |
|
agents may prevent the perpetration of any act of cruelty, as | 1093 |
|
defined in section 1717.01 of the Revised Code, to the dogs. | 1094 |
(C) Any dog that the dog warden or poundkeeper is unable
to | 1095 |
|
dispose of, in the manner provided by
this section and section | 1096 |
955.18 of the Revised Code, may be
humanely destroyed, except | 1097 |
that no dog shall be destroyed until
twenty-four hours after it | 1098 |
has been offered to a nonprofit
teaching or research institution | 1099 |
or organization, as provided in
this section, that has made a | 1100 |
request for dogs to the dog warden
or poundkeeper. | 1101 |
| (C) A board of county commissioners may adopt a resolution | 1165 |
|
authorizing the county to perform or contract for the performance | 1166 |
|
of a cost-analysis study to determine the costs to the county of | 1167 |
|
providing the services required under sections 955.12, 955.15,
and | 1168 |
|
955.16 of the Revised Code. The resolution shall define the
scope | 1169 |
|
of the study and shall itemize each cost to be analyzed.
These | 1170 |
|
costs shall include the direct costs to the county of
performing | 1171 |
|
the services required under sections 955.12, 955.15,
and 955.16 of | 1172 |
|
the Revised Code and, if the board so desires, may
include any | 1173 |
|
reasonable indirect costs determined by the board to
be incurred | 1174 |
by other county offices in helping the dog warden
perform
histhe | 1175 |
|
warden's duties under those
sections. | 1176 |
(D)(E) After conducting the hearing required by division | 1183 |
(C)(D)
of
this section, the board may, by resolution, establish | 1184 |
|
fees to
replace those specified in division (A) of this section | 1185 |
|
for the
services listed in that division. The fees so established | 1186 |
|
may
exceed those specified in that division by amounts sufficient | 1187 |
|
to
cover the direct cost of providing the service, the cost of | 1188 |
|
conducting the cost-analysis study, and, if that study included
an | 1189 |
|
analysis of indirect costs, the indirect costs to other county | 1190 |
|
agencies in assisting the dog warden.
The board need not adopt | 1191 |
|
the fees suggested by the conclusions of
the study, if any. It | 1192 |
|
may adopt fees that are lower than or equal
to, but not higher | 1193 |
|
than, any suggested by the study. Fees shall
not be increased | 1194 |
|
more often than once every year. Fee increases
shall become | 1195 |
|
effective only at the beginning of a calendar year. | 1196 |
(E)(F) The board may establish by resolution, without | 1197 |
|
conducting a cost-analysis study, reasonable fees to cover costs | 1198 |
|
of providing miscellaneous services performed by the dog warden | 1199 |
|
that are not otherwise expressly
provided for in this chapter.
As | 1200 |
|
used in this division,
"miscellaneous services" include, but
are | 1201 |
|
not limited to,
disposing of dog carcasses, releasing dogs
that | 1202 |
|
are accidentally
caught or found to be in a state of
distress, | 1203 |
|
and
preventing dogs
from engaging in fights or other | 1204 |
|
objectionable
behavior. | 1205 |
(F)(G) The costs and fees authorized by this section shall be | 1206 |
|
a
valid claim in favor of the county against the owner, keeper,
or | 1207 |
|
harborer of a dog seized and impounded under sections 955.12, | 1208 |
|
955.15, and 955.16 of the Revised Code and not redeemed or sold, | 1209 |
|
or against the owner, keeper, or harborer of a dog regarding
which | 1210 |
miscellaneous services described in division (E)(F) of this | 1211 |
|
section
have been provided. The costs and fees shall be
recovered | 1212 |
|
by the
county treasurer in a civil action against the
owner, | 1213 |
|
keeper, or
harborer. | 1214 |
| Sec. 955.18. Any dog that is seized and impounded under | 1215 |
sections 955.12,
955.15, and 955.17955.16 of the Revised Code may | 1216 |
|
be redeemed by its owner, keeper,
or harborer at any time prior to | 1217 |
|
the expiration of the applicable redemption
period as specified in | 1218 |
|
sections 955.12 and 955.16 of the Revised Code, upon
payment to | 1219 |
the dog warden or poundkeeper of all
costs assessed against the | 1220 |
|
animal and upon providing the animal
with a valid registration | 1221 |
|
tag if it has
none. | 1222 |
| Sec. 955.20. The registration fees provided for in
sections | 1228 |
|
955.01 to 955.14 of the Revised Code constitute a
special fund | 1229 |
|
known as
"the dog and kennel fund."
The fees shall be
deposited | 1230 |
|
by the county auditor in the county treasury daily as
collected | 1231 |
|
and shall be used for the purpose of defraying the
cost of | 1232 |
furnishing all blanks, records, tags, nets, and other equipment, | 1233 |
|
for the purpose of paying the compensation of county dog wardens, | 1234 |
deputies, poundkeepers, and
other employees necessary to carry | 1235 |
out
and enforce sections 955.01
to 955.261955.25, 955.40, | 1236 |
|
955.41, and 955.50 of
the Revised Code,
and
for the payment of | 1237 |
|
animal claims
as provided
in sections
955.29
to
955.38 of the | 1238 |
|
Revised Code,
and in
accordance with
section
955.27
of the | 1239 |
|
Revised Code. The
board of
county
commissioners, by
resolution, | 1240 |
|
shall appropriate
sufficient
funds
out of the dog and
kennel | 1241 |
|
fund, not more than
fifteen per
cent of
which shall be
expended | 1242 |
|
by the auditor for
registration
tags,
blanks, records,
and clerk | 1243 |
|
hire, for the
purpose of
defraying the
necessary
expenses of | 1244 |
|
registering,
seizing,
impounding, and humanely
destroying dogs | 1245 |
|
in accordance
with
sections 955.01 to 955.27 of
the Revised | 1246 |
|
Code,
and for the
purpose
of covering any additional
expenses | 1247 |
|
incurred
by the
county auditor
as authorized by division
(F)(3) | 1248 |
|
of section
955.14
of the Revised
Code. | 1249 |
| If the funds so appropriated in any calendar year are found | 1250 |
|
by the board to be insufficient to defray the necessary cost and | 1251 |
|
expense of the county dog warden in
enforcing sections
955.01 to | 1252 |
|
955.27 of the Revised Code, the
board, by resolution so provided, | 1253 |
|
after setting aside a sum equal
to the total amount of animal | 1254 |
claims
paid orfiled in that
calendar year,
or an amount equal to | 1255 |
|
the
total amount of
animal
claims paid or
allowed the preceding | 1256 |
|
year,
whichever amount
is
larger, may
appropriate further funds | 1257 |
|
for the
use and purpose
of
the county
dog warden in | 1258 |
|
administering those
sections. | 1259 |
(5)(6) Disburse money from the license plate contribution | 1304 |
|
fund
created in section 4501.21 of the Revised Code for the | 1305 |
|
purposes
specified in this section. Money shall be disbursed to | 1306 |
|
organizations that meet the eligibility requirements established | 1307 |
|
in division (B)(2) of this section in accordance with procedures | 1308 |
|
established in divisions (B)(3) and (4) of this section, provided | 1309 |
|
that money from the license plate contribution fund shall not be | 1310 |
|
used to make grants to any organization that employs a member of | 1311 |
|
the Ohio pet fund at the time of the application or that has a | 1312 |
|
member of the Ohio pet fund sitting on the organization's board of | 1313 |
|
directors at the time of the application. | 1314 |
| (E) As used in division (C) of this section, "federal
poverty | 1384 |
|
guideline" means the official poverty guideline as revised | 1385 |
|
annually by
the United States department of health and human | 1386 |
|
services
in accordance with section 673(2) of the "Omnibus Budget | 1387 |
|
Reconciliation Act of 1981," 95
Stat. 511, 42 U.S.C.A. 9902, as | 1388 |
|
amended, for a family size equal to the size of the family of the | 1389 |
|
person
whose income is being determined. | 1390 |
Sec. 955.21. No owner, keeper, or harborer of a dog more | 1391 |
than three months of
age, nor owner of a dog kennel,or older | 1392 |
|
shall
fail to
file the application for
registration required by | 1393 |
section
955.01
of the Revised Code, nor shall
heany such owner, | 1394 |
keeper,
or
harborer fail
to pay the legalregistration fee | 1395 |
thereforestablished under that section. | 1396 |
| Sec. 955.27. After paying all necessary expenses of | 1481 |
|
administering the sections of the Revised Code relating to the | 1482 |
registration, seizing, impounding, and destroyinghumane | 1483 |
|
destruction of dogs,
including the purchase, construction, and | 1484 |
|
repair of vehicles and
facilities necessary for the proper | 1485 |
administration of suchthose sections, making compensation for | 1486 |
|
injuries to livestock inflicted
by dogs, and after paying all | 1487 |
|
animal claims, the board of county
commissioners, at the
December | 1488 |
|
session, if there remains more than
two thousand dollars
in the | 1489 |
|
dog and kennel fund for that year in a
county in which
there is a | 1490 |
|
society for the prevention of cruelty
to children and
animals, | 1491 |
|
incorporated and organized by law, and
having one or
more
agents | 1492 |
|
appointed pursuant to law, or any other
society
organized
under | 1493 |
|
Chapter 1717. of the Revised Code, that
owns or
controls a | 1494 |
suitable dog kennel or a place for the keeping
and
destroying | 1495 |
| humane destruction of
dogs that has one or more agents appointed | 1496 |
|
and
employed
pursuant to law, may pay to the treasurer of the | 1497 |
|
society,
upon warrant of the county auditor, all such excess as | 1498 |
the board
deemsdetermines necessary for the uses and purposes of | 1499 |
|
the
society. | 1500 |
Sec. 955.28. (A) Subject to divisions (A)(C)(2) and (3) of | 1503 |
section 955.261955.41 of the Revised Code, a dog that is chasing | 1504 |
|
or
approaching in a menacing fashion or apparent attitude of | 1505 |
|
attack,
that attempts to bite or otherwise endanger, or that kills | 1506 |
|
or
injures a person or a dog that chases, threatens, harasses, | 1507 |
|
injures, or kills
livestock, poultry, other domestic animal, or | 1508 |
|
other animal, that
is the property of another person, except a cat | 1509 |
|
or another dog,
can be killed at the time of that chasing, | 1510 |
|
threatening, harassment,
approaching, attempt,
killing, or | 1511 |
|
injury. If, in attempting to
kill such a dog, a
person wounds it,
| 1512 |
|
the person is not liable
to prosecution
under the penal
laws
| 1513 |
|
that punish cruelty to
animals.
Nothing in this section | 1514 |
|
precludes a law enforcement officer from
killing a dog that | 1515 |
|
attacks a police dog as defined in section
2921.321 of the | 1516 |
|
Revised Code. | 1517 |
| (B) The owner, keeper, or harborer of a dog is liable in | 1518 |
|
damages for any injury, death, or loss to person or property that | 1519 |
|
is caused by the dog, unless the injury, death, or loss was
caused | 1520 |
|
to the person or property of an individual who, at the
time, was | 1521 |
|
committing or attempting to commit criminal trespass or
another | 1522 |
|
criminal
offense other than a minor misdemeanor on the
property | 1523 |
|
of the owner, keeper, or
harborer, or was
committing or | 1524 |
|
attempting to commit a criminal
offense other than a minor | 1525 |
|
misdemeanor against any
person, or was teasing, tormenting, or | 1526 |
|
abusing the dog on the
owner's, keeper's, or harborer's property. | 1527 |
|
Additionally, the owner, keeper, or harborer of a dog is liable in | 1528 |
|
damages for any injury, death, or loss to person or property that | 1529 |
|
is caused by the dog if the injury, death, or loss was caused to | 1530 |
|
the person or property of an individual who, at the time of the | 1531 |
|
injury, death, or loss, was on the property of the owner, keeper, | 1532 |
|
or harborer solely for the purpose of engaging in door-to-door | 1533 |
|
sales or other solicitations regardless of whether the individual | 1534 |
|
was in compliance with any requirement to obtain a permit or | 1535 |
|
license to engage in door-to-door sales or other solicitations | 1536 |
|
established by the political subdivision in which the property of | 1537 |
|
the owner, keeper, or harborer is located, provided that the | 1538 |
|
person
was not committing a criminal offense other than a minor | 1539 |
|
misdemeanor or was not teasing, tormenting, or abusing the dog. | 1540 |
| Sec. 955.29. Any owner of an
animal that
the owner believes | 1541 |
|
has a fair market
value of ten dollars or more and
that has been | 1542 |
| seriously injured or
killed by a dog not belonging to the
owner | 1543 |
|
or harbored
on the
owner's premises, in order to be
eligible to | 1544 |
|
receive
compensation
from the dog and kennel fund, shall notify | 1545 |
|
a
member
of the board
of county commissioners or dog warden | 1546 |
|
within
three
days after the
loss or
injury has been discovered. | 1547 |
|
A
commissioner
who is notified
shall
immediately notify the dog | 1548 |
|
warden of
the
loss or injury. The
warden
shall investigate or | 1549 |
|
have the loss or
injury investigated
promptly, and the person | 1550 |
|
making the
investigation shall provide
the owner with duplicate | 1551 |
|
copies of
the claim form authorized by
section 955.36 of the | 1552 |
|
Revised Code
and assist the owner in
filling it out. | 1553 |
| The
owner shall
set forth the kind, grade, quality, and fair | 1554 |
|
market value of the
animal, as
estimated by the owner, the nature | 1555 |
|
and amount of the loss or
injury, the place where the loss or | 1556 |
|
injury occurred, and all
other
facts in the possession of the | 1557 |
|
claimant that will enable
the
warden
to fix responsibility for | 1558 |
|
the loss or injury. The
owner shall
provide proof of any | 1559 |
|
insurance coverage on the animal
to the
person making the | 1560 |
|
investigation to ensure that any amount
for the
loss or injury | 1561 |
|
covered by an insurance policy is
considered when
determining | 1562 |
|
compensation from the dog and kennel
fund. The
owner
shall also | 1563 |
|
sign a
statement that
the information set forth
is a
true | 1564 |
|
account of the
loss or injury
and that, on the date the
loss or | 1565 |
|
injury occurred,
the claimant
did not own or harbor an | 1566 |
|
unregistered dog required to
be
registered under section 955.01 | 1567 |
|
of the Revised Code. No
claimant
who owned or harbored an | 1568 |
|
unregistered dog on that date
may
recover from the dog and | 1569 |
|
kennel
fund. | 1570 |
| If the warden does not find all
the statements to be
correct | 1578 |
|
or does not agree with the owner as
to the fair market
value, the | 1579 |
|
owner may appeal to the board of
county
commissioners for
a | 1580 |
|
determination as provided in section
955.35 of the
Revised Code. | 1581 |
|
In that case the owner shall
secure
statements as
to the nature | 1582 |
|
and amount of the loss or
injury
from at least two
witnesses who | 1583 |
|
viewed the results of the
killing or injury and who
can testify | 1584 |
|
thereto and submit both
copies of the form to the
board of county | 1585 |
|
commissioners or a
member thereof not later than
ten days
after | 1586 |
|
the warden finds that not all
of the owner's
statements are | 1587 |
|
correct or disagrees with the
owner's estimated
fair market | 1588 |
|
value, whichever is applicable. The
warden shall submit to the | 1589 |
|
board of county
commissioners whatever
documents, testimony, or | 1590 |
|
other information
the warden has
received
relating to the loss | 1591 |
|
or
injury. | 1592 |
| For the purpose of compliance with the requirement that the | 1649 |
|
vaccination of a dog against rabies be administered by or under | 1650 |
|
the supervision of a veterinarian, "veterinarian" includes a | 1651 |
|
veterinarian that is licensed in another state and that uses | 1652 |
|
vaccines against rabies that are licensed by the United States | 1653 |
|
department of agriculture. The owner, keeper, or harborer of a dog | 1654 |
|
that is vaccinated against rabies in another state and that is | 1655 |
|
moved into this state shall provide proof of vaccination against | 1656 |
|
rabies for the dog to the board of health of the health district | 1657 |
|
in which the dog resides or the applicable dog warden upon | 1658 |
|
request. | 1659 |
| (F) Nothing in this section limits the authority of the | 1669 |
|
legislative authority of a municipal corporation to adopt and | 1670 |
|
enforce ordinances, or a board of health to adopt and enforce | 1671 |
|
rules or to issue and enforce orders, for the prevention or | 1672 |
|
control of rabies, including ordinances, rules, or orders | 1673 |
|
requiring the issuance of rabies vaccination tags and certificates | 1674 |
|
supplied to veterinarians and the establishment and collection of | 1675 |
|
fees for supplying the vaccination tags and certificates within | 1676 |
|
the municipal corporation or health district, as applicable. Any | 1677 |
|
fees established by the legislative authority or board under this | 1678 |
|
section shall not exceed one dollar for a vaccination tag and the | 1679 |
|
accompanying certificate. The fees shall be used by the municipal | 1680 |
|
corporation or board of health to defray the costs of procuring | 1681 |
|
and distributing rabies vaccination tags and certificates and for | 1682 |
|
promoting vaccinations of dogs. | 1683 |
Sec. 955.26. Sec. 955.40. (A) Whenever, in the judgment of the | 1716 |
director of
health, any city or general health district board of | 1717 |
|
health, or
persons performing the duties of a board of health, | 1718 |
|
rabies is
prevalent enough to pose a health hazard to the general | 1719 |
|
public, the director of health, the board, or those
persons
shall | 1720 |
|
declare a quarantine of all dogs in the health
district or
in a | 1721 |
|
part of it. During the quarantine, the owner,
keeper, or
harborer | 1722 |
|
of any dog shall keep it confined on the
premises of the
owner, | 1723 |
keeper, or harborer, or in a suitable pound
or kennelholding | 1724 |
|
place, at
the expense of the owner, keeper, or
harborer, except | 1725 |
|
that a dog
may be permitted to leave the premises
of its owner, | 1726 |
|
keeper, or
harborer if it is under leash or under
the control of | 1727 |
|
a
responsible person. The quarantine order shall be
considered an | 1728 |
|
emergency and need not be published. | 1729 |
| (B)(1) A veterinarian or other person who examines, treats, | 1777 |
|
owns, harbors, or otherwise cares for a dog that exhibits symptoms | 1778 |
|
or behavior suggestive of rabies may report that the dog exhibits | 1779 |
|
symptoms or behavior
suggestive of rabies to the health | 1780 |
|
commissioner of the health
district in which the dog is examined, | 1781 |
|
treated, owned, harbored, or otherwise cared for. | 1782 |
| (2) If a health commissioner receives a report under division | 1783 |
|
(B)(1) of this section, the health commissioner shall investigate | 1784 |
|
the report and, if the dog that is the subject of the report does | 1785 |
|
exhibit symptoms or behavior suggestive of rabies, declare a | 1786 |
|
quarantine or test the dog in
accordance with rules adopted under | 1787 |
|
this section. The owner,
keeper, or harborer of the dog, if | 1788 |
|
known, shall pay all of the
expenses of a quarantine. | 1789 |
(C)(1) No person shall remove a dog
that
has
bitten any | 1790 |
person from the countyhealth district in which the bite
occurred | 1791 |
until
a quarantine period as specified in division (B) of this | 1792 |
section
has been
completedthe dog has been quarantined in | 1793 |
|
accordance with division (A)(2) or
(B)(2) of this section without | 1794 |
|
the approval of the health commissioner of the health district in | 1795 |
|
which the quarantine has been declared. No person shall transfer | 1796 |
ownership of a dog
that
has
bitten any
personbeen quarantined | 1797 |
until a quarantine period as
specified
in
division (B) ofrules | 1798 |
|
adopted under this section
has been
completed,
except that a | 1799 |
|
person may transfer the dog to
the county
dog
warden or to any | 1800 |
|
other animal
control authority. | 1801 |
| (E) The public health council shall adopt rules in accordance | 1843 |
|
with Chapter 119. of the Revised Code establishing requirements | 1844 |
|
and procedures for rabies quarantines and rabies testing of dogs | 1845 |
|
as required under this section. The rules shall be in compliance | 1846 |
|
with the human rabies prevention recommendations of the advisory | 1847 |
|
committee on immunization practices for the centers for disease | 1848 |
|
control and prevention in the United States department of health | 1849 |
|
and human services and the compendium of animal rabies prevention | 1850 |
|
and control of the national association of state public health | 1851 |
|
veterinarians. | 1852 |
(D)(F) This section does not apply to a police dog that has | 1853 |
|
bitten a
person while the police dog is under the care of a | 1854 |
licensed veterinarian or
has bitten a person while the police dog | 1855 |
|
is being used for law enforcement,
corrections, prison or jail | 1856 |
|
security, or investigative purposes. If, after
biting a person, a | 1857 |
|
police dog exhibits any abnormal behavior or illness suggestive of | 1858 |
|
rabies, the law
enforcement
agency and the law enforcement officer | 1859 |
|
the police dog assists,
within a reasonable time after the person | 1860 |
|
is bitten, shall make
the police dog
available for the board of | 1861 |
|
health for the district
in which the bite occurred
to perform | 1862 |
|
tests for rabies. | 1863 |
| Sec. 955.42. A person bitten or injured by an animal | 1866 |
|
afflicted with rabies,
if the bite or injury has caused the
person | 1867 |
to employ medical or
surgical treatmentreceive rabies | 1868 |
|
post-exposure prophylaxis, may present, within four
months
after | 1869 |
|
the bite or injury
and at a regular meeting of the
board of | 1870 |
|
county commissioners of the county
where the bite or
injury was | 1871 |
|
received, an
itemized account of the expenses
incurred
and amount | 1872 |
paid by the person for medical and
surgical treatmentrabies | 1873 |
|
post-exposure prophylaxis,
verified
by the person's own affidavit | 1874 |
|
and that of the
person's
attending physician. The administrator | 1875 |
|
or executor of the estate
of a deceased person may present
such | 1876 |
|
an account, execute such an
affidavit on behalf of the deceased | 1877 |
|
person, and present that
affidavit and the attending physician's | 1878 |
|
affidavit to
the board
within that four-month period. If the | 1879 |
|
person so bitten or
injured
is a minor, the person's parent or | 1880 |
|
guardian may
present such an
account, execute such an affidavit | 1881 |
|
on behalf of the person, and
present that affidavit
and the | 1882 |
|
attending physician's affidavit to
the board within that | 1883 |
|
four-month
period. The person, the
administrator or executor, or | 1884 |
|
the parent or
guardian, as
applicable, shall present, with the | 1885 |
|
account and affidavits,
documentation establishing that the | 1886 |
|
person, the person's estate,
or the parent
or guardian, as | 1887 |
|
applicable, is unable, without
deprivation of basic needs, to | 1888 |
|
further provide for the payment of
the expenses incurred for the | 1889 |
medical or
surgical treatmentrabies post-exposure prophylaxis. | 1890 |
Sec. 955.41. Sec. 955.43. The board of county commissioners, not | 1891 |
|
later than the third
regular meeting after it is presented with | 1892 |
|
the account provided for by section
955.42 of the Revised
Code, | 1893 |
|
shall examine the
account and, if it is found in whole
or
part | 1894 |
|
correct and just, may order a
payment in whole or in part to | 1895 |
|
either the
patient, the representative of the patient referred to | 1896 |
|
in that section, or the physician who rendered the
patient's | 1897 |
medical or surgical treatmentrabies post-exposure prophylaxis, in | 1898 |
|
accordance with
their respective
claims,
provided that a payment | 1899 |
|
is made
only for an account with
respect to which the board | 1900 |
|
determines the patient,
the patient's
estate, or the patient's | 1901 |
|
parent or guardian, as applicable, is
unable, without deprivation | 1902 |
|
of basic needs, to further provide for
the payment
of the | 1903 |
|
expenses incurred for the medical or surgical
treatment.
A | 1904 |
|
person shall not
receive for one bite or injury a sum
exceeding | 1905 |
|
one thousand five
hundred dollars. | 1906 |
Sec. 955.43. Sec. 955.45. (A) When either a blind, deaf or hearing | 1907 |
|
impaired, or mobility impaired
person or a trainer of an | 1908 |
|
assistance dog is accompanied by an assistance dog, the person or | 1909 |
|
the trainer, as applicable, is
entitled to the full
and equal | 1910 |
|
accommodations, advantages,
facilities, and privileges
of all | 1911 |
|
public conveyances, hotels,
lodging places, all places of
public | 1912 |
|
accommodation, amusement, or
resort, all institutions of | 1913 |
|
education, and other places to which
the general public is | 1914 |
|
invited, and may take the dog into such
conveyances and places, | 1915 |
|
subject only to the conditions and
limitations applicable to all | 1916 |
|
persons not so accompanied, except
that: | 1917 |
| If the owner chooses to file a claim under sections 955.51 to | 1968 |
|
955.53 of the Revised Code, the owner shall complete a claim form | 1969 |
|
for indemnification in quadruplicate as prescribed by the director | 1970 |
|
in section 955.53 of the Revised Code and provided by the dog | 1971 |
|
warden. The owner may request, and
the dog warden shall provide, | 1972 |
|
assistance in filling out the form. For the purposes of section | 1973 |
|
955.52 of the Revised Code, the owner shall send to the department | 1974 |
|
of agriculture, within thirty days after discovery of the animal, | 1975 |
|
the original copy of the claim form, all photographs documenting | 1976 |
|
the wounds of the animal, and any other pertinent facts in the | 1977 |
|
possession of the owner. | 1978 |
| If the animal that is killed or injured is registered by an | 1979 |
|
accepted association or in an accepted registry, the owner shall | 1980 |
|
submit with the claim form that is filed with the department the | 1981 |
|
registration papers showing the animal's lines of breeding, age, | 1982 |
|
and other relevant information. If the animal is the offspring of | 1983 |
|
registered stock and is eligible for registration, the | 1984 |
|
registration papers showing the lines of breeding of the offspring | 1985 |
|
shall be submitted as well. | 1986 |
| (C) Following notification from the owner of an animal under | 1990 |
|
division (B) of this section, the dog warden promptly shall | 1991 |
|
investigate the loss
or injury and shall
determine whether or not | 1992 |
|
the loss
or injury was made by a
predator. If the dog warden | 1993 |
|
determines that the
loss or injury was not made by a predator, the | 1994 |
|
owner has no claim
under sections 955.51 to 955.53 of the Revised | 1995 |
|
Code. If the dog
warden determines
that the loss or injury was | 1996 |
|
made by a predator, the dog warden
promptly shall notify by | 1997 |
|
telephone
the wildlife officer of that determination. For the | 1998 |
|
purposes of
section 955.52 of the Revised Code, the dog warden | 1999 |
|
shall send to the department the dog warden's determination of | 2000 |
|
whether the animal was killed or
injured by a predator and any | 2001 |
|
other documents, testimony, or
information that the dog warden | 2002 |
|
has received relating to
the loss or injury of the animal. | 2003 |
| (D) Following notification from the dog warden under division | 2004 |
|
(C) of this section, the
wildlife
officer shall confirm the | 2005 |
|
determination of the dog warden on the claim, disaffirm it, or | 2006 |
|
state that
the wildlife officer is
uncertain about the | 2007 |
|
determination. If the
wildlife officer disaffirms the | 2008 |
|
determination of the dog warden, the owner has no claim under | 2009 |
|
sections 955.51 to 955.53 of the Revised Code. If the wildlife | 2010 |
|
officer affirms the
determination of the dog warden or states that | 2011 |
|
the wildlife officer is uncertain
about
that determination, the | 2012 |
|
wildlife officer shall so notify in
writing the department for | 2013 |
|
the purposes of section 955.52 of the
Revised Code. | 2014 |
(D) Whoever violates section 955.261, 955.39955.40, 955.41, | 2035 |
or 955.50 of
the Revised Code is guilty of a minor misdemeanor of | 2036 |
the fourth degree on a first
offense and, and the court shall | 2037 |
|
impose on the offender a fine of at least seventy-five dollars. | 2038 |
|
Whoever subsequently violates any of those sections is guilty of a | 2039 |
misdemeanor of the fourththird degree on each
subsequent offense, | 2040 |
|
and the court shall impose on the offender a fine of at least one | 2041 |
|
hundred fifty dollars. The court shall not suspend the imposition | 2042 |
|
of any fine established under this division. | 2043 |
(E)(F)(1) Whoever violates division (D) of section 955.04, | 2047 |
|
section 955.21, or
division (B) or
(C) of section 955.22 of the | 2048 |
|
Revised Code shall be
fined not less
than twenty-five dollars or | 2049 |
|
more than one hundred
dollars on a
first offense, and on each | 2050 |
|
subsequent offense shall
be fined not
less than seventy-five | 2051 |
|
dollars or more than two
hundred fifty
dollars and may be | 2052 |
|
imprisoned for not more than
thirty days. The court shall not | 2053 |
|
suspend the imposition of any
fine established under division | 2054 |
|
(F)(1) of this section. | 2055 |
(F)(G) If a violation of division (D) of section 955.22 of | 2062 |
|
the Revised Code involves a dangerous dog, whoever violates that | 2063 |
|
division is guilty of a misdemeanor of the fourth degree on a | 2064 |
|
first offense and of a misdemeanor of the third degree on each | 2065 |
|
subsequent offense. Additionally, the court may order the
offender | 2066 |
|
to personally supervise the dangerous dog that the
offender owns, | 2067 |
|
keeps, or harbors, to cause that dog to complete dog
obedience | 2068 |
|
training, or to do both, and the court may order the offender to | 2069 |
|
obtain liability insurance pursuant to division (E) of section | 2070 |
|
955.22 of the Revised Code. The court, in the alternative, may | 2071 |
|
order the dangerous dog to be humanely destroyed by a
licensed | 2072 |
|
veterinarian, the county dog warden,
or the county humane | 2073 |
|
society. | 2074 |
(I)(J) Whoever violates division (C) of section 955.221 of | 2093 |
|
the Revised Code is guilty of a minor misdemeanor. Each day of | 2094 |
|
continued violation constitutes a separate offense. Fines levied | 2095 |
|
and
collected for violations of that division shall be distributed | 2096 |
|
by the
mayor or clerk of
the municipal or county court in | 2097 |
|
accordance with section 733.40,
division (F) of section 1901.31, | 2098 |
|
or division (C) of section
1907.20 of the Revised Code to the | 2099 |
|
treasury of the county,
township, or municipal corporation whose | 2100 |
|
resolution or ordinance
was violated. | 2101 |
| (C) If a cat that has been surrendered to an animal shelter | 2119 |
|
has an obvious disease or injury, the cat may be humanely | 2120 |
|
destroyed
immediately. If the diseased or injured cat has a form | 2121 |
|
of
identification specified in division (D) of this section, the | 2122 |
|
necessity of humanely destroying the cat shall be certified by a | 2123 |
|
veterinarian or a
registered veterinary technician, as defined in | 2124 |
|
section 4741.01 of
the Revised Code, who is in consultation with | 2125 |
|
a veterinarian or is working under standing orders of a | 2126 |
|
veterinarian. If the cat does not have a form of
identification | 2127 |
|
specified in division (D) of this section, the
decision to | 2128 |
|
humanely destroy it shall be made by the animal shelter
staff. | 2129 |
| For the purpose of compliance with the requirement that the | 2201 |
|
vaccination of a cat against rabies be administered by or under | 2202 |
|
the supervision of a veterinarian, "veterinarian" includes a | 2203 |
|
veterinarian that is licensed in another state and that uses | 2204 |
|
vaccines against rabies that are licensed by the United States | 2205 |
|
department of agriculture. The owner, keeper, or harborer of a cat | 2206 |
|
that is vaccinated against rabies in another state and that is | 2207 |
|
moved into this state shall provide proof of vaccination against | 2208 |
|
rabies for the cat to the board of health of the health district | 2209 |
|
in which the cat resides. | 2210 |
| (F) Nothing in this section limits the authority of the | 2220 |
|
legislative authority of a municipal corporation to adopt and | 2221 |
|
enforce ordinances, or a board of health to adopt and enforce | 2222 |
|
rules or to issue and enforce orders, for the prevention or | 2223 |
|
control of rabies, including ordinances, rules, or orders | 2224 |
|
requiring the issuance of rabies vaccination tags and certificates | 2225 |
|
supplied to veterinarians and the establishment and collection of | 2226 |
|
fees for supplying the vaccination tags and certificates within | 2227 |
|
the municipal corporation or health district, as applicable. Any | 2228 |
|
fees established by the legislative authority or board under this | 2229 |
|
section shall not exceed one dollar for a vaccination tag and the | 2230 |
|
accompanying certificate. The fees shall be used by the municipal | 2231 |
|
corporation or board of health to defray the costs of procuring | 2232 |
|
and distributing rabies vaccination tags and certificates and for | 2233 |
|
promoting vaccinations of cats. | 2234 |
| Sec. 957.03. (A) Whenever, in the judgment of the director of | 2248 |
|
health, a board of health, or
persons performing the duties of a | 2249 |
|
board of health, rabies is
prevalent enough to pose a health | 2250 |
|
hazard to the general public, the director of health, the
board, | 2251 |
|
or those persons
shall declare a quarantine of all cats in
the | 2252 |
|
health district or
in a part of it. During the quarantine, the | 2253 |
|
owner, keeper, or
harborer of a cat shall keep it confined on the | 2254 |
|
premises of the
owner, keeper, or harborer, or in a suitable | 2255 |
|
holding place, at
the expense of the owner, keeper, or harborer, | 2256 |
|
except that a cat
may be permitted to leave the premises of its | 2257 |
|
owner, keeper, or
harborer if it is in a container or under the | 2258 |
|
control of a
responsible person. The quarantine order shall be | 2259 |
|
considered an
emergency and need not be published. | 2260 |
| (B)(1) A veterinarian or other person who examines, treats, | 2289 |
|
owns, harbors, or otherwise cares for a cat that exhibits symptoms | 2290 |
|
or behavior suggestive of rabies may report that the cat exhibits | 2291 |
|
symptoms or behavior
suggestive of rabies to the health | 2292 |
|
commissioner of the health
district in which the cat is examined, | 2293 |
|
treated, owned, harbored, or otherwise cared for. | 2294 |
| (2) If a health commissioner receives a report under division | 2295 |
|
(B)(1) of this section, the health commissioner shall investigate | 2296 |
|
the report and, if the cat that is the subject of the report does | 2297 |
|
exhibit symptoms or behavior suggestive of rabies, declare a | 2298 |
|
quarantine or test the cat in
accordance with rules adopted under | 2299 |
|
this section. The owner,
keeper, or harborer of the cat, if | 2300 |
|
known, shall pay all of the
expenses of a quarantine. | 2301 |
| (E) The public health council shall adopt rules in accordance | 2338 |
|
with Chapter 119. of the Revised Code establishing requirements | 2339 |
|
and procedures for rabies quarantines and rabies testing of cats | 2340 |
|
as required under this section. The rules shall be in compliance | 2341 |
|
with the human rabies prevention recommendations of the advisory | 2342 |
|
committee on immunization practices for the centers for disease | 2343 |
|
control and prevention in the United States department of health | 2344 |
|
and human services and the compendium of animal rabies prevention | 2345 |
|
and control of the national association of state public health | 2346 |
|
veterinarians. | 2347 |
| Sec. 957.05. A board of county commissioners may enter into | 2348 |
|
an agreement with a board of township trustees or the legislative | 2349 |
|
authority of a municipal corporation, as authorized by section | 2350 |
|
307.15 of the Revised Code, for the provision of animal control | 2351 |
|
services to either of the parties to the agreement. An agreement | 2352 |
|
that a board of county commissioners and a board of township | 2353 |
|
trustees or the legislative authority of a municipal corporation | 2354 |
|
has entered into for that purpose before the effective date of | 2355 |
|
this section solely under the general authority of section 307.15 | 2356 |
|
of the Revised Code is consistent with the specific authority | 2357 |
|
conferred by this section. | 2358 |
| Sec. 957.99. Whoever violates section 957.03 or 957.04 of | 2359 |
|
the Revised Code is guilty of a misdemeanor of the fourth degree | 2360 |
|
on a first offense, and the court shall impose on the offender a | 2361 |
|
fine of at least seventy-five dollars. Whoever subsequently | 2362 |
|
violates either of those sections is guilty of a misdemeanor of | 2363 |
|
the third degree on each subsequent offense, and the court shall | 2364 |
|
impose on the offender a fine of at least one hundred fifty | 2365 |
|
dollars. The court shall not suspend the imposition of any fine | 2366 |
|
established under this division. | 2367 |
| (6) "Federal animal welfare act" means the "Laboratory
Animal | 2382 |
|
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7
U.S.C.A. | 2383 |
|
2131 et seq., as amended by the "Animal Welfare Act of
1970," Pub. | 2384 |
|
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal
Welfare Act | 2385 |
|
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417
(1976), and | 2386 |
|
the "Food Security Act of 1985," Pub. L. No. 99-198,
99 Stat. 1354 | 2387 |
|
(1985), and as it may be subsequently amended. | 2388 |
| (2) Deprive the companion animal of necessary sustenance, | 2398 |
|
confine the companion animal without supplying it during the | 2399 |
|
confinement with sufficient quantities of good, wholesome food and | 2400 |
|
water, or impound or confine the companion animal without | 2401 |
|
affording it, during the impoundment or confinement, with access | 2402 |
|
to shelter from heat, cold, wind, rain, snow, or excessive direct | 2403 |
|
sunlight, if it can reasonably be expected that the companion | 2404 |
|
animal would become sick or suffer in any other way as a result of | 2405 |
|
or due to the deprivation, confinement, or impoundment or | 2406 |
|
confinement in any of those specified manners. | 2407 |
| (E) Notwithstanding any section of the Revised Code that | 2427 |
|
otherwise provides for the distribution of fine moneys, the clerk | 2428 |
|
of court shall forward all fines the clerk collects that are so | 2429 |
|
imposed for any
violation of this section
to the treasurer of the | 2430 |
|
political subdivision or the state, whose county humane society or | 2431 |
|
law enforcement agency is to be paid the fine money as determined | 2432 |
|
under this division. The
treasurer to whom the fines are forwarded | 2433 |
|
shall pay the fine moneys to the county humane
society or the | 2434 |
|
county, township, municipal corporation, or state law enforcement | 2435 |
|
agency in this state that primarily was responsible for or | 2436 |
|
involved in
the investigation and prosecution of
the violation.
If | 2437 |
|
a county humane society receives any fine moneys under this | 2438 |
|
division, the county
humane society shall use the fine
moneys to | 2439 |
provide the training
that is required for humane agents
underof a | 2440 |
county humane society organized under
section 1717.061717.05 of | 2441 |
|
the
Revised Code. | 2442 |
|
(B)
An officer may seize and cause to be impounded at an | 2458 |
|
impounding agency a companion animal that the officer has | 2459 |
|
probable cause
to believe is the subject of an offense. No | 2460 |
|
officer or impounding agency shall impound a companion animal that | 2461 |
|
is the subject of an offense in a
shelter owned, operated, or | 2462 |
|
controlled by a board of county
commissioners pursuant to Chapter | 2463 |
|
955. of the Revised Code unless
the board, by resolution, | 2464 |
|
authorizes the impoundment of such a companion
animal in a | 2465 |
|
shelter owned, operated, or controlled by that board
and has | 2466 |
|
executed, in the case when the officer is other than a dog
warden | 2467 |
or assistantdeputy dog warden, a contract specifying the terms | 2468 |
|
and
conditions of the impoundment. | 2469 |
| (C) The officer shall give written notice of the seizure and | 2470 |
|
impoundment to the owner, keeper,
or
harborer of the companion | 2471 |
|
animal that was seized and impounded. If the officer is unable to | 2472 |
|
give the notice to the owner, keeper, or harborer of the companion | 2473 |
|
animal, the officer shall post the notice on the door of the | 2474 |
|
residence or in another conspicuous place on the premises at which | 2475 |
|
the companion animal was seized. The notice shall include a | 2476 |
|
statement that a hearing will be held not later than ten days | 2477 |
|
after the notice is provided or at the next available court date | 2478 |
|
to determine whether the officer had probable cause to seize the | 2479 |
|
companion animal and, if applicable, to determine the amount of a | 2480 |
|
bond or cash deposit that is needed to provide for the companion | 2481 |
|
animal's care and keeping for not less than thirty days beginning | 2482 |
|
on the date on which the companion animal was impounded. | 2483 |
| (E)(1) Not later than ten days after notice is provided or at | 2488 |
|
the next available court date, the court shall hold a hearing to | 2489 |
|
determine whether the officer impounding a companion animal had | 2490 |
|
probable cause to seize the companion animal. If the court | 2491 |
|
determines that probable cause exists, the court shall determine | 2492 |
|
the amount of a bond or cash deposit that is needed to provide for | 2493 |
|
the companion animal's care and keeping for not less than thirty | 2494 |
|
days beginning on the date on which the companion animal was | 2495 |
|
impounded. | 2496 |
| (2) If the court determines that probable cause does not | 2497 |
|
exist, the court immediately shall order the impounding agency to | 2498 |
|
return the companion animal to its owner if possible. If the | 2499 |
|
companion animal cannot be
returned because it has died as a | 2500 |
|
result of neglect or other
misconduct by the impounding agency or | 2501 |
|
if the companion animal is
injured
as a result of neglect or | 2502 |
|
other misconduct by the
impounding
agency, the court
shall | 2503 |
|
order the
impounding agency
to pay the
owner an amount | 2504 |
|
determined by the
court to be equal
to the
reasonable market | 2505 |
|
value
of the
companion animal at the
time that
it was | 2506 |
|
impounded plus statutory
interest as defined in
section
1343.03 | 2507 |
|
of the Revised Code from
the date of the
impoundment or
an | 2508 |
|
amount determined by the court to be equal to
the reasonable | 2509 |
|
cost of treatment of the injury to the companion
animal, as | 2510 |
|
applicable. The
requirement established in
division
(E)(2) of | 2511 |
|
this section
regarding the payment of
the reasonable market | 2512 |
|
value of
the
companion
animal shall not
apply in the case of a | 2513 |
|
dog that,
in
violation
of
section 955.01
of the Revised Code, | 2514 |
|
was not
registered at
the time
it was seized
and impounded. | 2515 |
| (3) If the court determines that probable cause exists and | 2516 |
|
determines the amount of a bond or cash deposit, the case shall | 2517 |
|
continue and the owner shall post a bond or cash deposit to | 2518 |
|
provide for the companion animal's care and keeping for not less | 2519 |
|
than thirty days beginning on the date on which the companion | 2520 |
|
animal was impounded. The owner may renew a bond or cash deposit | 2521 |
|
by posting, not later than ten days following the expiration of | 2522 |
|
the period for which a previous bond or cash deposit was posted, a | 2523 |
|
new bond or cash deposit in an amount that the court, in | 2524 |
|
consultation with the impounding agency, determines is sufficient | 2525 |
|
to provide for the companion animal's care and keeping for not | 2526 |
|
less than thirty days beginning on the date on which the previous | 2527 |
|
period expired. If no bond or cash deposit is posted or if a bond | 2528 |
|
or cash deposit expires and is not renewed, the impounding agency | 2529 |
|
may determine the disposition of the companion animal unless the | 2530 |
|
court issues an order that specifies otherwise. | 2531 |
| (G) If a person is found not guilty of committing an offense, | 2544 |
|
the court
immediately shall order the impounding agency to return | 2545 |
|
the companion animal
to its owner if possible and to return the | 2546 |
|
entire amount of any
bond or cash deposit posted under division | 2547 |
|
(E) of this section. If
the companion animal cannot be returned | 2548 |
|
because it has died as a result of neglect or other misconduct by | 2549 |
|
the impounding agency or if the companion animal is injured as a | 2550 |
|
result of neglect or other misconduct by the impounding agency, | 2551 |
|
the court shall order the
impounding
agency to pay the owner an | 2552 |
|
amount determined by the
court to be
equal to the reasonable | 2553 |
|
market value of the companion animal at
the time that it was | 2554 |
|
impounded plus statutory interest as defined
in section 1343.03 | 2555 |
|
of the Revised Code from the date of the
impoundment or an amount | 2556 |
|
determined by the court to be equal to the reasonable cost of | 2557 |
|
treatment of the injury to the companion animal, as applicable. | 2558 |
|
The
requirements established in this division
regarding the | 2559 |
|
return of
a bond or cash deposit and the payment of
the | 2560 |
|
reasonable market
value of the companion animal shall not
apply | 2561 |
|
in the
case of a
dog that, in violation of section 955.01
of | 2562 |
|
the Revised
Code, was
not registered at the time it was
seized |