As Reported by the House Local and Municipal Government and Urban Revitalization Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 446


Representative Webster 

Cosponsors: Representatives Evans, Setzer, Combs, Skindell, Yuko, Uecker 

A BILL
To amend sections 951.01, 951.10, 951.11, 951.12, 1
951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 2
955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 3
955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 4
955.20, 955.201, 955.21, 955.22, 955.23, 955.26, 5
955.261, 955.27, 955.28, 955.29, 955.32, 955.34, 6
955.35, 955.37, 955.38, 955.42, 955.44, 955.50, 7
955.51, 955.52, 955.53, 955.99, 957.16, 959.131, 8
959.132, 959.99, 1717.02, 1717.05, 1717.06, 9
1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 10
4729.01, and 4736.01; to amend, for the 11
purpose of adopting new section numbers as 12
indicated in parentheses, sections 955.26 13
(955.40), 955.261 (955.41), 955.34 (955.351), 14
955.41 (955.43), 955.43 (955.45), 955.44 15
(955.46), and 957.16 (901.36); to enact new 16
section 955.39 and sections 109.804, 951.20, 17
951.21, 951.22, 955.014, 955.13, 955.161, 18
957.01, 957.02, 957.03, 957.04, 957.05, and 19
957.99; and to repeal sections 951.02, 955.202, 20
955.31, 955.33, 955.39, 955.40, 1717.03, and 21
1717.04 of the Revised Code to revise the 22
statutes governing animal control, and to amend 23
the version of section 4736.01 of the Revised Code 24
that is scheduled to take effect July 1, 2009, to 25
continue the provisions of this act on and after 26
that effective date.27


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

       Section 1. That sections 951.01, 951.10, 951.11, 951.12, 28
951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 29
955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 30
955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.23, 955.26, 31
955.261, 955.27, 955.28, 955.29, 955.32, 955.34, 955.35, 955.37, 32
955.38, 955.42, 955.44, 955.50, 955.51, 955.52, 955.53, 955.99, 33
957.16, 959.131, 959.132, 959.99, 1717.02, 1717.05, 1717.06, 34
1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 35
4736.01 be amended, sections 955.26 (955.40), 955.261 (955.41), 36
955.34 (955.351), 955.41 (955.43), 955.43 (955.45), 955.44 37
(955.46), and 957.16 (901.36) be amended for the purpose of 38
adopting new section numbers as indicated in parentheses, and 39
new section 955.39 and sections 109.804, 951.20, 951.21, 951.22, 40
955.014, 955.13, 955.161, 957.01, 957.02, 957.03, 957.04, 41
957.05, and 957.99 of the Revised Code be enacted to read as 42
follows:43

       Sec. 109.804. (A) Not later than nine months after the 44
effective date of this section, the Ohio peace officer training 45
commission shall develop criteria to be used in the training 46
courses that are required in section 955.13 of the Revised Code 47
and shall provide an opportunity for public comment on proposed 48
criteria before final criteria are adopted. When developing 49
criteria for a basic animal control course, the commission shall 50
consult with the department of health, the Ohio farm bureau 51
federation, the Ohio county dog wardens association, the Ohio 52
veterinary medical association, the county commissioners 53
association of Ohio, and the Ohio federation of humane 54
societies. The commission may consult with other appropriate 55
agencies and sportsperson advocacy groups. The course shall 56
include training in understanding all duties that are required to 57
be performed by animal control officers under section 955.12 of 58
the Revised Code.59

       (B) The commission shall ensure the availability of the 60
training courses through regional criminal justice training 61
academies or other entities approved by the commission. The 62
regional criminal justice training academies or other entities 63
shall keep and maintain records of all animal control officers 64
appointed or employed under section 955.12 of the Revised Code who 65
complete training courses provided by them. The academies or other 66
entities shall submit copies of the records to the commission 67
after the completion of each training course. The commission 68
shall keep and maintain the training records for all animal 69
control officers appointed or employed under section 955.12 of the 70
Revised Code for the purpose of documenting and ensuring that the 71
animal control officers are in compliance with section 955.13 of 72
the Revised Code.73

       Sec. 957.16.        Sec. 901.36.  (A) As used in this section, "blackbird"74
means the red-winged blackbird (Agelaius phoeniceus), the common75
grackle (Quiscalus quiscula), the brown-headed cowbird (Molothrus76
ater), and the starling (Sturnus vulgaris).77

       (B) The director of agriculture may develop and conduct78
programs to control blackbirds whichthat cause economic losses on79
Ohio farms in this state, are detrimental to the public health and 80
welfare, deface or defile public and private property, or create a 81
public nuisance.82

       (C) Any such program shall be presented to the chief of the 83
division of wildlife and the wildlife council created by sections 84
121.04 and 1531.03 of the Revised Code for approval.85

       (D) The director shall conduct such approved programs in86
areas in which the population of such blackbirds makes control87
practicable and feasible.88

       (E) The director may cooperate with and may accept89
contributions from any individual, corporation, or agency of the90
United States, this state, or any of its subdivisions whenever91
such cooperation or contributions will strengthen a program92
developed under the authority of division (B) of this section.93

       (F) The director or histhe director's representative, for 94
the sole purpose of conducting an approved control program 95
thereon, shall have the right of ingress to and egress tofrom any 96
area in which a control program authorized by this section would, 97
in histhe judgment of the director, be effective and beneficial 98
to the general public.99

       Sec. 951.01.  No person, who is the owner or keeper of a 100
stallion, jackass, bull, boar, ram, or buckan agricultural 101
animal, as defined in section 903.01 of the Revised Code, shall 102
permit it to go or be at large out of its own enclosure.103

       Sec. 951.10.  The owner or keeper of an agricultural animal 104
described, as defined in section 951.01 or 951.02903.01 of the 105
Revised Code, who permits it to run at large in violation of106
either of such sections,section 951.01 of the Revised Code is 107
liable for all damages caused by suchthe animal upon the premises 108
of another without reference to the fence whichthat may enclose 109
such premises.110

       Sec. 951.11.  A person finding an animal at large in 111
violation of section 951.01 or 951.02 of the Revised Code, may, 112
and a law enforcement officer of a county, township, city, or 113
village, on view or information, shall, take and confine suchthe114
animal, forthwith giving notice thereof to the owner or keeper, if115
known, and, if not known, by publishing a notice describing such 116
animal at least once in a newspaper of general circulation in the 117
county, township, city, or village wherein the animal was found. 118
If a person, other than a law enforcement officer of a county, 119
township, city, or village, finds an animal at large, that person 120
shall notify a law enforcement officer of the county, township, 121
city, or village in which the animal is found not later than 122
twenty-four hours after the animal is found. If the owner or 123
keeper does not appear and claim the animal and pay the 124
compensation prescribed in section 951.13 of the Revised Code for 125
so taking, advertising, and keeping it within ten days from the 126
date of such noticeon which the animal is confined, such person 127
or the county shall have a lien therefor and the animal may be 128
sold at public auction as provided in section 1311.49 of the 129
Revised Code, and the residue of the proceeds of sale shall be130
paid and deposited by the treasurer in the general fund of the 131
county.132

       Sec. 951.12.  If it is proven that an animal running at large 133
in violation of section 951.01 or 951.02 of the Revised Code 134
escaped from its owner or keeper without histhe owner's or 135
keeper's knowledge or fault, suchthe animal shall be returned to 136
its owner or keeper upon payment of the compensation prescribed in 137
section 951.13 of the Revised Code for its taking, advertising, 138
and keeping.139

       Sec. 951.13.  The person or county, township, city, or 140
village whose law enforcement officer takes an animal running at 141
large in violation of section 951.01 or 951.02 of the Revised Code 142
is entitled to receive from the owner or keeper thereof the 143
following compensation:144

       (A) For taking and advertising each horse, mule, head of 145
cattle, swine, sheep, goat, or goose, five dollars;146

       (B) Reasonableof the animal compensation for the expenses 147
actually incurred for keeping each suchthe animal.148

       Compensation for taking, advertising, and keeping a single 149
herd or flock shall not exceed fifty dollars when such flock or 150
herd belongs to one person.151

       Sec. 951.20. (A) Except as otherwise provided in this 152
section, the owner, keeper, or harborer of a ferret shall ensure 153
that the ferret is at all times properly vaccinated against 154
rabies in compliance with the recommendations in the compendium of 155
animal rabies prevention and control of the national association 156
of state public health veterinarians.157

       (B) Division (A) of this section does not apply to any of the 158
following:159

       (1) A ferret whose well-being would be endangered by a 160
vaccination against rabies as determined by a veterinarian. The 161
veterinarian shall provide the determination in writing. The 162
determination shall state why the vaccination would endanger the 163
well-being of the ferret and the length of time for which the 164
vaccination would be a danger to the ferret.165

       (2) A ferret that is confined to the premises of an 166
organization or a nonprofit corporation organized under Chapter 167
1702. of the Revised Code or the laws of another state that is 168
devoted to the care of, or providing hospital treatment for, lost 169
or homeless animals;170

       (3) A ferret that is confined for purposes of research at a 171
facility registered under the "Animal Welfare Act of 1966," 80 172
Stat. 351, 7 U.S.C. 2136, as amended;173

       (4) A ferret that is confined to an animal shelter as defined 174
in section 4729.01 of the Revised Code.175

       (C) The vaccination of a ferret against rabies shall be 176
administered by or under the supervision of a veterinarian. The 177
veterinarian who administers or supervises the administration of a 178
rabies vaccination shall do all of the following:179

       (1) Complete and sign a vaccination certificate;180

       (2) Provide a rabies vaccination certificate to the owner, 181
keeper, or harborer of the ferret;182

       (3) Retain a copy of the vaccination certificate during the 183
period of time that the ferret remains vaccinated against rabies. 184
Upon request, the veterinarian shall provide a copy of the 185
certificate to the board of health of the health district in which 186
the ferret resides.187

       For the purpose of compliance with the requirement that the 188
vaccination of a ferret against rabies be administered by or under 189
the supervision of a veterinarian, "veterinarian" includes a 190
veterinarian that is licensed in another state and that uses 191
vaccines against rabies that are licensed by the United States 192
department of agriculture. The owner, keeper, or harborer of a 193
ferret that is vaccinated against rabies in another state and that 194
is moved into this state shall provide proof of vaccination 195
against rabies for the ferret to the board of health of the health 196
district in which the ferret resides.197

       (D) A veterinarian shall use vaccines against rabies that are 198
licensed by the United States department of agriculture. The 199
veterinarian shall follow the label or package insert instructions 200
regarding dosage and method of administration of a vaccine. A 201
vaccination administered in accordance with this division 202
constitutes compliance with this division in any county of the 203
state.204

       (E) A board of health shall assess a civil penalty of fifty 205
dollars for a violation of division (A) of this section.206

       (F) Nothing in this section limits the authority of the 207
legislative authority of a municipal corporation to adopt and 208
enforce ordinances, or a board of health to adopt and enforce 209
rules or to issue and enforce orders, for the prevention or 210
control of rabies, including ordinances, rules, or orders 211
requiring the issuance of rabies vaccination certificates 212
supplied to veterinarians and the establishment and collection of 213
a fee for supplying the vaccination certificates within the 214
municipal corporation or health district, as applicable. Any fee 215
established by the legislative authority or board under this 216
section shall not exceed one dollar for a vaccination certificate. 217
The fee shall be used by the municipal corporation or board of 218
health to defray the costs of procuring and distributing rabies 219
vaccination certificates and for promoting vaccinations of 220
ferrets.221

       (G) All money collected by a board of health from civil 222
penalties assessed under division (E) of this section and money 223
from all fines imposed for a violation of an ordinance of a 224
municipal corporation or rule or order of a board of health 225
authorized under this section shall be credited to the general 226
fund of the municipal corporation or the district health fund 227
created under section 3709.28 of the Revised Code, as applicable.228

       (H) As used in this section and sections 951.21 and 951.22 of 229
the Revised Code:230

       (1) "Board of health" means the board of health of a city or 231
general health district created by or under the authority of 232
Chapter 3709. of the Revised Code or the authority having the 233
duties of a board of health in any city as authorized by section 234
3709.05 of the Revised Code.235

       (2) "Chief animal control officer" means the chief animal 236
control officer of a county who is appointed or employed under 237
section 955.12 of the Revised Code.238

       (3) "Veterinarian" means a person who is licensed under 239
Chapter 4741. of the Revised Code to practice veterinary medicine 240
in this state.241

       Sec. 951.21. (A) Whenever, in the judgment of the director of242
health, a board of health, or persons performing the duties of a 243
board of health, rabies is prevalent enough to pose a health 244
hazard to the general public, the director of health, the board, 245
or those persons shall declare a quarantine of all ferrets in the 246
health district or in a part of it. During the quarantine, the 247
owner, keeper, or harborer of a ferret shall keep it confined on 248
the premises of the owner, keeper, or harborer, or in a suitable 249
holding place, at the expense of the owner, keeper, or harborer, 250
except that a ferret may be permitted to leave the premises of 251
its owner, keeper, or harborer if it is under the control of a252
responsible person. The quarantine order shall be considered an253
emergency and need not be published.254

       (B) When a quarantine of ferrets has been declared in a 255
health district or part of a health district, all persons having 256
the authority of police officers shall assist the health 257
authorities in enforcing the quarantine order.258

       (C) If a quarantine has been declared under this chapter, the 259
director of health, a board of health, or persons performing the 260
duties of a board of health may order the humane destruction of a 261
ferret that has been declared a nuisance and for which proof of 262
the ferret's having been vaccinated in accordance with section 263
951.20 of the Revised Code cannot be demonstrated.264

       (D) No person shall violate a rabies quarantine order issued 265
under this section.266

       (E) As used in this section, "nuisance" means a ferret that 267
is running at large and that is not under the direct supervision 268
of its owner, keeper, or harborer and in doing so is a health 269
hazard to the general public during a period in which the director 270
of health, a board of health, or persons performing the duties of 271
a board of health determine that rabies is prevalent.272

       Sec. 951.22. (A)(1) If a medical care provider treats a 273
person who was bitten by a ferret, the medical care provider, 274
within twenty-four hours after treating the person, shall report 275
the incident to the health commissioner appointed by the board of 276
health of the health district in which the bite occurred.277

       (2) If a health commissioner receives a report under division 278
(A)(1) of this section, the health commissioner shall declare a 279
quarantine in accordance with rules adopted under this section. 280
The owner, keeper, or harborer of the ferret, if known, shall pay 281
all of the expenses of the quarantine.282

       (B)(1) A veterinarian or other person who examines, treats, 283
owns, harbors, or otherwise cares for a ferret that exhibits 284
symptoms or behavior suggestive of rabies may report that the 285
ferret exhibits symptoms or behavior suggestive of rabies to the 286
health commissioner of the health district in which the ferret is 287
examined, treated, owned, harbored, or otherwise cared for.288

       (2) If a health commissioner receives a report under division 289
(B)(1) of this section, the health commissioner shall investigate 290
the report and, if the ferret that is the subject of the report 291
does exhibit symptoms or behavior suggestive of rabies, declare a 292
quarantine or test the ferret in accordance with rules adopted 293
under this section. The owner, keeper, or harborer of the ferret, 294
if known, shall pay all of the expenses of a quarantine.295

       (C)(1) No person shall remove a ferret from the health 296
district in which the ferret has been quarantined in accordance 297
with division (A)(2) or (B)(2) of this section without the 298
approval of the health commissioner of the health district in 299
which the quarantine has been declared. No person shall transfer 300
ownership of a ferret that has been quarantined until a 301
quarantine period as specified in rules adopted under this 302
section has been completed.303

       (2)(a) Subject to division (C)(2)(b) of this section, no304
person shall kill a ferret that has been quarantined in accordance 305
with division (A)(2) or (B)(2) of this section without the 306
approval of the health commissioner of the health district in 307
which the quarantine has been declared.308

       (b) Division (C)(2)(a) of this section does not apply to309
either of the following:310

       (i) The killing of a ferret in order to prevent further 311
injury or death or if the ferret is diseased or seriously 312
injured;313

       (ii) The killing of a ferret by a veterinarian or a 314
euthanasia technician certified by the veterinary medical 315
licensing board in accordance with rules adopted under section 316
4741.03 of the Revised Code who is aware that the ferret is under 317
quarantine.318

       (3) No person who has killed a ferret and who is authorized 319
to do so under division (C)(2)(b) of this section shall fail to do 320
both of the following:321

       (a) Immediately after the killing of the ferret, notify the322
board of health of the health district in which the killing 323
occurred of the facts relative to the killing and the reasons for 324
the killing;325

       (b) Hold the body of the ferret until that board of health326
claims it to perform tests for rabies or releases the body for 327
disposal.328

       (D) Upon the receipt of a notification under division (C)(3) 329
of this section that a ferret has been killed, the board of 330
health of the health district in which the killing occurred shall 331
claim the body of the ferret from its killer and perform tests on 332
the body for rabies in accordance with rules adopted under this 333
section.334

       (E) The public health council shall adopt rules in accordance 335
with Chapter 119. of the Revised Code establishing requirements 336
and procedures for rabies quarantines and rabies testing of 337
ferrets as required under this section. The rules shall be in 338
compliance with the human rabies prevention recommendations of the 339
advisory committee on immunization practices for the centers for 340
disease control and prevention in the United States department of 341
health and human services and the compendium of animal rabies 342
prevention and control of the national association of state public 343
health veterinarians.344

       Sec. 951.99. (A) Whoever violates section 951.01 or 951.02 of 345
the Revised Code is guilty of a misdemeanor of the fourth degree.346

       (B) Whoever violates section 951.21 or 951.22 of the Revised 347
Code is guilty of a misdemeanor of the fourth degree on a first 348
offense, and the court shall impose on the offender a fine of at 349
least seventy-five dollars. Whoever subsequently violates either 350
of those sections is guilty of a misdemeanor of the third degree 351
on each subsequent offense, and the court shall impose on the 352
offender a fine of at least one hundred fifty dollars. The court 353
shall not suspend the imposition of any fine established under 354
this division.355

       Sec. 955.01.  (A)(1) Except as otherwise provided in this356
section or in sections 955.011, 955.012, and 955.16 of the Revised 357
Code, every person who owns, keeps, or harbors a dog more than358
three months of age,or older shall file, on or after the first 359
day of the preceding December, but before the thirty-first day 360
of January of each year, in the office of the county auditor of 361
the county in which the dog is kept or harbored, an application 362
for registration for the following year, beginning the 363
thirty-first day of January of that year. The board of county 364
commissioners, by resolution, may extend the period for filing 365
the application. The application shall state the age, sex, 366
color, character of hair, whether short or long, and breed, if 367
known, of the dog and the name and address of the owner of the 368
dog. A registration fee of twoten dollars for each dog shall 369
accompany the application, unless a greater fee has been 370
established under division (A)(2) of this section or under 371
section 955.14 of the Revised Code.372

       (2) A board of county commissioners may establish a373
registration fee higher than the one provided for in division374
(A)(1) of this section for dogs more than ninesix months of age 375
that have not been spayed or neuteredsterilized, except that the 376
higher registration fee permitted by this division shall not apply 377
if a person registering a dog furnishes with the application 378
either a certificate from a licensed veterinarian verifying that 379
the dog should not be spayed or neuteredsterilized because of its 380
age or medical condition or because the dog is used or intended 381
for use for show or breeding purposes or a certificate from the 382
owner of the dog declaring that the owner holds a valid hunting 383
license issued by the division of wildlife of the department of 384
natural resources and that the dog is used or intended for use for 385
hunting purposes. If the board establishes such a fee, the 386
application for registration shall state whether the dog is 387
spayed or neuteredsterilized, and whether a licensed 388
veterinarian has certified that the dog should not be spayed or 389
neuteredsterilized or the owner has stated that the dog is used 390
or intended to be used for hunting purposes. The board may 391
require a person who is registering a spayed or neutered392
sterilized dog to furnish with the application a certificate from 393
a licensed veterinarian verifying that the dog is spayed or394
neuteredsterilized. No person shall furnish a certificate under 395
this division whichthat the person knows to be false.396

       (B) If the application for registration is not filed and the 397
registration fee paid, on or before the thirty-first day of398
January of each year or, if the board of county commissioners by 399
resolution has extended the date to a date later than the 400
thirty-first day of January, the date established by the board, 401
the auditor shall assess a penalty in an amount equal to the 402
registration fee upon the owner, keeper, or harborer, which must403
shall be paid with the registration fee.404

       (C) A board of county commissioners may designate, by 405
resolution, a time period each year during which the owner, 406
keeper, or harborer of a dog that is not registered under this 407
section may register the dog without paying the penalty that is 408
required by division (B) of this section. In deciding whether to 409
establish such a time period, the board shall consult with the 410
chief animal control officer of the county.411

       (D) An animal shelter that keeps or harbors a dog more than412
three months of age or older is exempt from paying any fees 413
imposed under division (A) or (B) of this section if it is a 414
nonprofit organization that is exempt from federal income 415
taxation under subsection 501(a) and described in subsection 416
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 285417
2085, 26 U.S.C. 1.418

       (E) The owner, keeper, or harborer of a dog who moves from 419
one county to another county in the state and who has registered 420
the dog in the original county of residence in accordance with 421
this section is not required to register the dog in the new county 422
of residence until December of the year in which the owner, 423
keeper, or harborer moves.424

       (F) The subcutaneous insertion of a microchip into a dog 425
containing information pertaining to the dog does not exempt the 426
owner, keeper, or harborer of the dog from registering it under 427
this section.428

       (G) The standing committees of the house of representatives 429
and the senate that are primarily responsible for considering 430
animal matters shall review the dog registration fee every five 431
years to determine whether the fee is adequate for the purposes of 432
this chapter.433

       (H) As used in this chapter, "animal shelter" has the same 434
meaning as in section 4729.01 of the Revised Code.435

       Sec. 955.011.  (A) When an application is made for436
registration of an assistance dog and the owner can show proof by 437
certificate or other means that the dog is an assistance dog, the 438
owner of the dog shall be exempt from any fee for the 439
registration. Registration for an assistance dog shall be 440
permanent and not subject to annual renewal so long as the dog is 441
an assistance dog. Certificates and tags stamped "Ohio Assistance 442
Dog-Permanent Registration," with registration number, shall be 443
issued upon registration of such a dog. Any certificate and tag 444
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing 445
Dog-Permanent Registration," with registration number, that was 446
issued for a dog in accordance with this section as it existed 447
prior to July 4, 1984, any certificate and tag stamped "Ohio 448
Handicapped Assistance Dog-Permanent Registration," with 449
registration number, that was issued for a dog in accordance with 450
this section as it existed on and after July 5, 1984, but prior to 451
November 26, 2004, and any certificate and tag stamped "Ohio 452
Service Dog-Permanent Registration," with registration number, 453
that was issued for a dog in accordance with this section as it 454
existed on and after November 26, 2004, but prior to the effective 455
date of this amendmentJune 30, 2006, shall remain in effect as 456
valid proof of the registration of the dog on and after November 457
26, 2004. Duplicate certificates and tags for a dog registered in458
accordance with this section, upon proper proof of loss, shall be459
issued and no fee required. Each duplicate certificate and tag460
that is issued shall be stamped "Ohio Assistance Dog-Permanent 461
Registration."462

       (B) As used in this section and in sections 955.16 and 955.43463
955.45 of the Revised Code:464

       (1) "Mobility impaired person" means any person, regardless 465
of age, who is subject to a physiological defect or deficiency 466
regardless of its cause, nature, or extent that renders the person 467
unable to move about without the aid of crutches, a wheelchair, or 468
any other form of support, or that limits the person's functional 469
ability to ambulate, climb, descend, sit, rise, or perform any 470
related function. "Mobility impaired person" includes a person 471
with a neurological or psychological disability that limits the 472
person's functional ability to ambulate, climb, descend, sit, 473
rise, or perform any related function. "Mobility impaired person" 474
also includes a person with a seizure disorder.475

       (2) "Blind" means either of the following:476

       (a) Vision twenty/two hundred or less in the better eye with 477
proper correction;478

       (b) Field defect in the better eye with proper correction 479
that contracts the peripheral field so that the diameter of the480
visual field subtends an angle no greater than twenty degrees.481

       (3) "Assistance dog" means a guide dog, hearing dog, or 482
service dog that has been trained by a nonprofit special agency.483

       (4) "Guide dog" means a dog that has been trained or is in 484
training to assist a blind person.485

       (5) "Hearing dog" means a dog that has been trained or is in 486
training to assist a deaf or hearing-impaired person.487

        (6) "Service dog" means a dog that has been trained or is in 488
training to assist a mobility impaired person.489

       Sec. 955.014.  A board of county commissioners shall obtain 490
and maintain a functioning device that is capable of retrieving 491
information that is contained in a microchip that has been 492
subcutaneously inserted into a dog.493

       Sec. 955.02. (A) A kennel owner is a person, partnership, 494
firm, company, or corporation professionally engaged in the 495
business of breeding dogs for hunting or for sale. A person, 496
partnership, firm, company, or corporation that operates a 497
boarding establishment is not a kennel owner.498

       (B) As used in this section:499

       (1) "Boarding establishment" means a place of business, other 500
than an animal shelter or facility owned or operated by a 501
veterinarian licensed under Chapter 4741. of the Revised Code, 502
where companion animals that are not owned by the proprietor are 503
housed, fed, and watered for a fee.504

       (2) "Companion animal" has the same meaning as in section 505
959.131 of the Revised Code.506

       Sec. 955.04. (A) Every owner of a kennel of dogs shall, in507
like manner as provided in section 955.01 of the Revised Code,508
make application for the registration of suchthe kennel, and pay 509
to the county auditor a registration fee of tenfifty dollars for 510
each such kennel, unless a greater fee has been established under511
section 955.14 of the Revised Code. If suchthe application is not512
filed and the fee paid, on or before the thirty-first day of 513
January of each year, the auditor shall assess a penalty in an 514
amount equal to the registration fee upon the owner of suchthe515
kennel. The payment of such kennel registration fee shall entitle 516
the licensee to not more than five tags, to bear consecutive 517
numbers and to be issued in like manner and have like effect when 518
worn by any dog owned in good faith by such licensee as the tags 519
provided for in section 955.08 of the Revised Code. Upon 520
application to the county auditor, additional tags, in excess of 521
the five tags, may be issued upon payment of an additional fee of 522
one dollar per tagowner of a kennel of dogs shall register each 523
dog that is three months of age or older in accordance with 524
section 955.01 of the Revised Code.525

       (B) The county auditor shall revoke the registration of a 526
kennel owner if the appropriate inspecting authority of the 527
kennel determines that the owner has violated section 959.131 of 528
the Revised Code and so notifies the county auditor.529

       (C) The county auditor may request the owner of a kennel of 530
dogs that has a license issued by the United States department of 531
agriculture to provide a copy of the forms required under 9 C.F.R. 532
2.75. Upon receiving such a request, the owner of a kennel shall 533
provide to the county auditor a copy of those forms.534

       (D) No owner of a kennel of dogs shall fail to file the 535
application for registration required by this section or fail to 536
pay the registration fee established under this section.537

       Sec. 955.05.  After the thirty-first day of January of any538
year, except as otherwise provided in section 955.012 or 955.16 of 539
the Revised Code, every person, immediately upon becoming the 540
owner, keeper, or harborer of any dog more than three months of 541
age or older or brought from outside the state during any year, 542
shall file like applications, with fees, as required by section 543
955.01 of the Revised Code, for registration for the current 544
year. If suchthe application is not filed and the fee paid, 545
within thirty daysone business day after suchthe dog is 546
acquired, becomes three months of age, or is brought from outside 547
the state, the auditor shall assess a penalty in an amount equal 548
to the registration fee upon suchthe owner, keeper, or 549
harborer, which mustshall be paid with the registration fee.550

       Every person becoming the owner of a kennel of dogs after the 551
thirty-first day of January of any year shall file like552
applications, with fees, as required by section 955.04 of the553
Revised Code, for the registration of suchthe kennel for the 554
current calendar year. If suchthe application is not filed and 555
the fee paid within thirty days after the person becomes the owner 556
of suchthe kennel, the auditor shall assess a penalty in an 557
amount equal to the registration fee upon the owner of suchthe558
kennel.559

       Sec. 955.06.  The registration fee for any dog becoming three 560
months of age after the first day of July of any year and the 561
registration fee of any dog purchased from outside the state after 562
the first day of July of any year shall be one-half of the 563
original fee.564

       Sec. 955.08.  In addition to the certificate of registration 565
provided for by section 955.07 of the Revised Code, the county 566
auditor shall issue to every person making application for the 567
registration of a dog and paying the required fee therefor a metal 568
tag for each dog so registered. The form, character, and lettering 569
of the tag shall be prescribed by the county auditor. Each year 570
the tag shall be a color distinctive from that of the previous571
year. If a tag is lost, a duplicate shall be furnished by the 572
auditor upon proper proof of lossregistration and the payment of 573
twenty-five cents for each duplicate tag issued or payment of an 574
alternatea fee for a duplicate tag, which the board of county 575
commissioners mayshall establish in an amount not to exceed one576
dollar and fifty centsfifteen per cent of the registration fee 577
established in section 955.01 or 955.14 of the Revised Code, 578
whichever is greater.579

       Sec. 955.10. (A) No owner of a dog, except a dog constantly 580
confined to a registered kennel, shall fail to require the dog to 581
wear, at all timeswhile outside the owner's residence, a valid 582
tag issued in connection with a certificate of registration. A 583
dog's failure at any time to wear a valid tag in accordance with 584
this section shall be prima-facie evidence of lack of registration 585
and shall subject any dog found not wearing such a tag to586
impounding, sale, or humane destruction in accordance with 587
section 955.16 of the Revised Code.588

       (B) This section does not apply to a dog that is registered 589
under section 955.01 of the Revised Code and whose owner has a 590
certificate from a veterinarian who is licensed under Chapter 591
4741. of the Revised Code to practice veterinary medicine in this 592
state that states that the dog should not wear a tag. A dog that 593
does not wear a tag pursuant to this division shall wear an 594
alternative form of identification that is approved by the 595
veterinarian.596

       Sec. 955.11.  (A) As used in this section:597

       (1)(a) "Dangerous dog" means a dog that, without provocation, 598
and subject to division (A)(1)(b) of this section, has chased or 599
approached in either a menacing fashion or an apparent attitude of 600
attack, or has attempted to bite or otherwise endanger any person, 601
while that dog is off the premises of its owner, keeper, or 602
harborer and not under the reasonable control of its owner, 603
keeper, harborer, or some other responsible person, or not 604
physically restrained or confined in a locked pen whichthat has a 605
top, locked fenced yard, or other locked enclosure whichthat has 606
a top.607

       (b) "Dangerous dog" does not include a police dog that has608
chased or approached in either a menacing fashion or an apparent609
attitude of attack, or has attempted to bite or otherwise endanger 610
any person while the police dog is being used to assist one or 611
more law enforcement officers in the performance of their official 612
duties.613

       (2) "Menacing fashion" means that a dog would cause any614
person being chased or approached to reasonably believe that the615
dog will cause physical injury to that person.616

       (3) "Police dog" means a dog that has been trained, and may 617
be used, to assist one or more law enforcement officers in the 618
performance of their official duties.619

       (4)(a) "Vicious dog" means a dog that, without provocation620
and subject to division (A)(4)(b) of this section, meets any of621
the following:622

       (i) Has killed or caused serious injury to any person;623

       (ii) Has caused injury, other than killing or serious injury, 624
to any person, or has killed another dog.;625

       (iii) Belongs to a breed that is commonly known as a pit bull 626
dog. The ownership, keeping, or harboring of such a breed of dog 627
shall be prima-facie evidence of the ownership, keeping, or 628
harboring of a vicious dog.629

       (b) "Vicious dog" does not include either of the following:630

       (i) A police dog that has killed or caused serious injury to 631
any person or that has caused injury, other than killing or632
serious injury, to any person while the police dog is being used633
to assist one or more law enforcement officers in the performance634
of their official duties;635

       (ii) A dog that has killed or caused serious injury to any636
person while a person was committing or attempting to commit a637
trespass or other criminal offense on the property of the owner,638
keeper, or harborer of the dog.639

       (5) "Without provocation" means that a dog was not teased,640
tormented, or abused by a person, or that the dog was not coming641
to the aid or the defense of a person who was not engaged in642
illegal or criminal activity and who was not using the dog as a643
means of carrying out such activity.644

       (B) Upon the transfer of ownership of any dog, the seller645
transferor of the dog shall give the buyertransferee a transfer 646
of ownership certificate that shall be signed by the seller647
transferor. TheExcept as otherwise provided in this division, the648
certificate shall contain the registration number of the dog, the 649
name of the sellertransferor, and a brief description of the 650
dog. A dog that is transferred to a county humane society 651
organized under section 1717.05 of the Revised Code does not need 652
a registration number. Blank forms of the certificate may be 653
obtained from the county auditor or an animal shelter. A transfer654
of ownership shall be recorded by the auditor upon presentation of 655
a transfer of ownership certificate that is signed by the former 656
owner of a dog and that is accompanied by a fee of twenty-five 657
centsone dollar.658

       (C) Prior to the transfer of ownership or possession of any 659
dog, upon the buyer's or other transferee's request, the seller or 660
other transferor of the dog shall give to the person a written 661
notice relative to the behavior and propensities of the dog.662

       (D) Within ten days after the transfer of ownership or663
possession of any dog, if the seller or other transferor of the664
dog has knowledge that the dog is a dangerous or vicious dog, he665
the transferor shall give to the buyer or other transferee, the 666
board of health for the district in which the buyer or other667
transferee resides, and the dog wardenchief animal control 668
officer of the county in which the buyer or other transferee 669
resides, a completed copy of a written form on which the seller670
transferor shall furnish the following information:671

       (1) The name and address of the buyer or other transferee of 672
the dog;673

       (2) The age, sex, color, breed, and current registration674
number of the dog.675

       In addition, the sellertransferor shall answer the following676
questions, which shall be specifically stated on the form as677
follows:678

       "Has the dog ever chased or attempted to attack or bite a679
person? If yes, describe the incident(s) in which the behavior680
occurred."681

       "Has the dog ever bitten a person? If yes, describe the682
incident(s) in which the behavior occurred."683

       "Has the dog ever seriously injured or killed a person? If684
yes, describe the incident(s) in which the behavior occurred."685

       The dog wardenchief animal control officer of the county in 686
which the sellertransferor resides shall furnish the form to the 687
sellertransferor at no cost.688

       (E) No seller or other transferor of a dog shall fail to689
comply with the applicable requirements of divisions (B) to (D) of 690
this section.691

       (F) Except for purposes of humane destruction, no person 692
shall transfer a vicious dog as described in division 693
(A)(4)(a)(i) or (ii) of this section.694

       Sec. 955.12. (A) The board of county commissioners shall695
appoint or employ a county dog wardenchief animal control 696
officer and deputies in such number, for such periods of time, 697
and at such compensation as the board considers necessary to 698
enforce sections 955.01 to 955.27, 955.29 to 955.38, and955.40, 699
and 955.50 of the Revised Code.700

       The wardenchief animal control officer and deputies shall 701
give bond in a sum not less than five hundred dollars and not more 702
than two thousand dollars, as set by the board, conditioned for 703
the faithful performance of their duties. The bond or bonds may, 704
in the discretion of the board, be individual or blanket bonds. 705
The bonds shall be filed with the county auditor of their 706
respective counties. The warden707

       (B) The chief animal control officer and deputies shall make 708
a record of all dogs owned, kept, and harbored in their 709
respective counties. They shall patrol their respective counties 710
and seize and impound on sight all dogs found running at large 711
and all dogs more than three months of age or older found not 712
wearing a valid registration tag, except any dog that wears a713
valid registration tag and is: on the premises of its owner,714
keeper, or harborer, under the reasonable control of its owner 715
or some other person, hunting with its owner or its handler at a716
field trial, kept constantly confined in a registered dog 717
kennel, or acquired by, and confined on the premises of, an 718
institution or organization of the type described in section 719
955.16 of the Revised Code. A dog that wears a valid registration 720
tag may be seized on the premises of its owner, keeper, or 721
harborer and impounded only in the event of a natural disaster. 722
If a dog warden723

       (C) If a chief animal control officer or deputy animal 724
control officer has reason to believe that a dog is being treated725
inhumanely on the premises of its owner, keeper, or harborer, the726
wardenofficer shall apply to the court of common pleas for the 727
county in which the premises are located for an order to enter the728
premises, and if necessary, seize the dog. If the court finds729
probable cause to believe that the dog is being treated730
inhumanely, it shall issue such an order.731

       (D) The wardenchief animal control officer and deputies 732
shall also investigate all claims for damages to animals, fowl, 733
or poultry reported to them under section 955.29 of the Revised 734
Code and assist claimants to fill out the claim form therefor. 735
They shall make weekly reports, in writing, to the board in their 736
respective counties of all dogs seized, impounded, redeemed, and 737
humanely destroyed and of all claims for damage to animals, 738
fowl, or poultry inflicted by dogs. The wardens739

       (E) The chief animal control officer and deputies shall have 740
the same police powers as are conferred upon sheriffs and police 741
officers in the performance of their duties as prescribed by 742
sections 951.22, 955.01 to 955.27, 955.29 to 955.38, and955.40,743
955.50, and 957.03 of the Revised Code. They shall also have power 744
to summon the assistance of bystanders in performing their duties 745
and may serve writs and other legal processes issued by any court 746
in their respective counties with reference to enforcing such747
those sections. County auditors may deputize the wardenschief 748
animal control officers or deputies to issue dog licenses749
registrations as provided in sections 955.01 and 955.14 of the 750
Revised Code. Whenever751

       (F)(1) Whenever any person files an affidavit in a court of 752
competent jurisdiction that there is a dog running at large that 753
is not kept constantly confined either in a registered dog kennel 754
or on the premises of an institution or organization of the type 755
described in section 955.16 of the Revised Code or that a dog is 756
kept or harbored in histhe chief animal control officer's757
jurisdiction without being registered as required by law, the 758
court shall immediately order the wardenofficer to seize and 759
impound the animaldog. Thereupon the wardenchief animal control 760
officer shall immediately seize and impound the dog complained of. 761
The warden762

       (2) The chief animal control officer shall give immediate 763
notice by certifieddelivery confirmation mail to the owner, 764
keeper, or harborer of the dog seized and impounded by himthe 765
officer, if the owner, keeper, or harborer can be determined from 766
the current year's registration list maintained by the warden767
officer and the county auditor of the county where the dog is 768
registered or from a microchip that has been inserted 769
subcutaneously into the dog, that the dog has been impounded and.770

       (a) In the case of a dog that is registered, the notice also 771
shall state that, unless the dog is redeemed within fourteen days 772
of the date of the notice, it may thereafter be sold or humanely773
destroyed according to law. Ifin accordance with section 955.16 774
of the Revised Code.775

       (b) In the case of a dog that is not registered, but that has 776
had a microchip subcutaneously inserted into it, the notice also 777
shall state that, unless the dog is redeemed within seven days of 778
the date of the notice, it may thereafter be sold or humanely 779
destroyed in accordance with section 955.16 of the Revised Code.780

       (3) If the owner, keeper, or harborer cannot be determined 781
from the current year's registration list maintained by the 782
wardenchief animal control officer and the county auditor of the 783
county where the dog is registered or from a microchip inserted 784
subcutaneously into the dog, the officer shall post a notice in 785
the pound or animal shelter both describing the dog and place 786
where seized and advising the unknown owner that, unless the dog 787
is redeemed within three days, it may thereafter be sold or 788
humanely destroyed according to lawin accordance with section 789
955.16 of the Revised Code.790

       (G) Prior to the sale or humane destruction of the dog in 791
accordance with section 955.16 of the Revised Code, the chief 792
animal control officer, a deputy animal control officer, or an 793
employee of an animal shelter operated by the chief animal control 794
officer shall attempt to determine whether the dog has had a 795
microchip subcutaneously inserted into it.796

       (H) If a dog that has had a microchip subcutaneously inserted 797
into it is sold or humanely destroyed in accordance with section 798
955.16 of the Revised Code, the chief animal control officer, the 799
deputy animal control officer, or the employee of an animal 800
shelter operated by the chief animal control officer who attempted 801
to determine whether the dog has a subcutaneous microchip prior to 802
its sale or humane destruction is not liable in any civil action 803
that arises under the laws of this state for the sale or humane 804
destruction of the dog. However, the chief animal control officer, 805
the deputy animal control officer, or the employee of an animal 806
shelter operated by the chief animal control officer may be liable 807
if the chief, deputy, or employee acted with malicious purpose, in 808
bad faith, or in a wanton or reckless manner.809

       This division does not eliminate, limit, or reduce any 810
immunity from civil liability that is conferred on a chief animal 811
control officer, a deputy animal control officer, or an employee 812
of an animal shelter operated by the chief animal control officer 813
by any other provision of the Revised Code or by case law.814

       (I) As used in this section, "animal" has the same meaning as 815
in section 955.51 of the Revised Code.816

       Sec. 955.13. (A)(1) Beginning twelve months after the 817
effective date of this section, except as provided in division 818
(A)(2) of this section, the board of county commissioners of each 819
county shall require the chief animal control officer and deputy 820
animal control officers to complete the following training:821

       (a) Not later than two years after being appointed, a basic 822
animal control course that has been adopted by the Ohio peace 823
officer training commission under section 109.804 of the Revised 824
Code;825

       (b) Every three years after completion of the basic animal 826
control course, additional training courses adopted by the 827
commission, fifteen hours of which shall be training in animal 828
control and protection.829

       (2) Division (A)(1) of this section does not apply to chief 830
animal control officers and deputy animal control officers who 831
were appointed before the effective date of this section. In 832
addition, the commission may grant an exemption from the training 833
course requirements established in division (A)(1) of this 834
section to a chief animal control officer or deputy animal 835
control officer who is appointed on or after the effective date of 836
this section if the animal control officer has received training 837
that is equivalent to the requirements established in that 838
division.839

       (B) If a board of county commissioners provides reasonable 840
cause as to why the chief animal control officer or a deputy 841
animal control officer cannot complete the training required in 842
division (A)(1) of this section, the commission may grant 843
additional time for that animal control officer to complete the 844
training.845

       (C) Except an animal control officer who has been granted 846
additional time under division (B) of this section, a chief animal 847
control officer or deputy animal control officer who fails to 848
complete the training required in division (A)(1) of this section 849
shall cease to serve as a chief animal control officer or deputy 850
animal control officer, as applicable.851

       Sec. 955.14.  (A) Notwithstanding section 955.01 or 955.04 of 852
the Revised Code, a board of county commissioners by resolution 853
may increase dog and kennel registration fees in the county. The854
amount of the fees shall not exceed an amount that the board, in855
its discretion, estimates is needed to pay all expenses for the856
administration of this chapter and to pay claims allowed for857
animals, fowl, or poultry injured or destroyed by dogs. Such a858
resolution shall be adopted not earlier than the first day of859
February and not later than the thirty-first day of August of any860
year and shall apply to the registration period commencing on the861
first day of December of the current year and ending on the862
thirty-first day of January of the following year, unless the863
period is extended under section 955.01 of the Revised Code. Any864
increase in fees adopted under this division shall be in the ratio865
increments of twothree dollars for a dog registration fee and ten 866
dollars for a kennel registration fee.867

       (B) Not later than the fifteenth day of October of each year, 868
the board of county commissioners shall determine if there is 869
sufficient money in the dog and kennel fund, after paying the870
expenses of administration incurred or estimated to be incurred871
for the remainder of the year, to pay the claims allowed for872
animals, fowl, or poultry injured or destroyed by dogs. If the873
board determines there is not sufficient money in the dog and874
kennel fund to pay the claims allowed, the board shall provide by875
resolution that all claims remaining unpaid shall be paid from the876
general fund of the county. All money paid out of the general fund 877
for those purposes may be replaced by the board from the dog and 878
kennel fund at any time during the following year notwithstanding 879
section 5705.14 of the Revised Code.880

       (C) Notwithstanding section 955.20 of the Revised Code, if881
dog and kennel registration fees in any county are increased to or882
above twoten and tenfifty dollars, respectively, under authority 883
of division (A) of this section, then on or before the first day 884
of March following each year in which the increased fees are in885
effect, the county auditor shall draw on the dog and kennel fund a 886
warrant payable to the college of veterinary medicine of the Ohio 887
state university in an amount equal to tentwenty cents for each888
dog and kennel registration fee received during the preceding889
year. The money received by the college of veterinary medicine of 890
the Ohio state university under this division shall be applied as 891
follows:892

       (1) Ten cents for research and study of the diseases of 893
dogs, particularly those transmittable to humans, and for 894
research of other diseases of dogs that by their nature will 895
provide results applicable to the prevention and treatment of 896
both human and canine illness;897

       (2) Eight cents to support a faculty position at the college 898
of veterinary medicine of the Ohio state university. At least 899
fifty per cent of the research, teaching, and outreach 900
responsibilities of the faculty position shall focus on 901
activities that support the advancement of veterinary medicine at 902
animal shelters or humane societies in this state;903

       (3) Two cents to be deposited to the credit of the animal 904
control officer training fund, which is hereby created in the 905
state treasury, to support the training of chief animal control 906
officers and deputy animal control officers as required by section 907
955.13 of the Revised Code. The college of veterinary medicine of 908
the Ohio state university shall be responsible for administering 909
the fund. The fund shall be used to pay the expenses of the 910
regional criminal justice training academies or other entities 911
approved by the Ohio peace officer training commission under 912
section 109.804 of the Revised Code that provide the training for 913
animal control officers as provided in that section.914

       (D) The Ohio state university college of veterinary medicine915
shall be responsible to report annually to the general assembly916
the progress of the research and study authorized and funded by917
division (C) of this section. The report shall briefly describe918
the research projects undertaken and assess the value of each. The919
report shall account for funds received pursuant to division (C)920
of this section and for the funds expended attributable to each921
research project and for other necessary expenses in conjunction922
with the research authorized by division (C) of this section. The923
report shall be filed with the general assembly by the first day924
of May of each year.925

       (E) The county auditor may authorize agents, including chief 926
animal control officers, to receive applications for registration 927
of dogs and kennels and to issue certificates of registration and 928
tags. If authorized agents are employed in a county, each 929
applicant for a dog or kennel registration shall pay to the agent 930
an administrative fee of seventy-five cents in addition to the 931
registration fee. The administrative fee shall be the compensation 932
of the agent. The county auditor shall establish rules for 933
reporting and accounting by the agents. No administrative or 934
similar fee shall be charged in any county except as authorized by 935
this division or division (F) of this section.936

       (F) For any county that accepts the payment of dog and kennel937
registration fees by financial transaction devices in accordance 938
with section 955.013 of the Revised Code, in addition to those 939
registration fees, the county auditor shall collect for each 940
registration paid by a financial transaction device one of the 941
following:942

       (1) An administrative fee of seventy-five cents or another943
amount necessary to cover actual costs designated by the county944
auditor;945

       (2) If the board of county commissioners adopts a surcharge946
or convenience fee for making payments by a financial transaction947
device under division (E) of section 301.28 of the Revised Code,948
that surcharge or convenience fee;949

       (3) If the county auditor contracts with a third party to950
provide services to enable registration via the internet as951
provided insectionin section 955.013 of the Revised Code, a952
surcharge ofor convenience fee as agreed to between that third 953
party and the county for those internet registration services. Any 954
additional expenses incurred by the county auditor that result 955
from a contract with a third party as provided in this section and956
section 955.013 of the Revised Code and that are not covered by a957
surcharge or convenience fee shall be paid out of the allowance958
provided to the county auditor under section 955.20 of the Revised959
Code.960

       (G) The county auditor shall post conspicuously the amount of 961
the administrative fee, surcharge, or convenience fee that is962
permissible under this section on the web page where the auditor963
accepts payments for registrations made under division (B)(1) of964
section 955.013 of the Revised Code, if. If any person chooses to 965
pay by financial transaction device, the administrative fee,966
surcharge, or convenience fee shall be considered voluntary and is967
not refundable.968

       (H) As used in this section, "animal" has the same meaning as 969
in section 955.51 of the Revised Code.970

       Sec. 955.15.  The board of county commissioners shall provide 971
nets and other suitable devicesequipment for the taking of dogs 972
in a humane manner, provide a suitable place for impounding dogs,973
make proper provision for feeding and caring for the same, and974
provide humane devices and methods for humanely destroying dogs. 975
In any county in which there is a society for the prevention of 976
cruelty to children and animals, having one or more agents and977
maintaining an animal shelter suitable for a dog pound and devices 978
for humanely destroying dogs, the board need not furnish a dog 979
poundan animal shelter, but the county dog wardenchief animal 980
control officer shall deliver all dogs seized by himthe officer981
and histhe officer's deputies to suchthe society at its animal982
shelter, there to be dealt with in accordance with law. The board 983
shall provide for the payment of reasonable compensation to such984
the society for its services so performed out of the dog and985
kennel fund. The board may designate and appoint any officers986
regularly employed by any society organized under sections 1717.02 987
tosection 1717.05, inclusive, of the Revised Code, to act as988
county dog wardenchief animal control officer or deputies for the 989
purpose of carrying out sections 955.01 to 955.27, inclusive, and990
955.29 to 955.38, inclusive,955.40, and 955.50 of the Revised 991
Code, if suchthe society whose agents are so employed owns or 992
controls a suitable place for keeping and humanely destroying 993
dogs.994

       Sec. 955.16.  (A) Dogs that have been seized by the county995
dog wardenchief animal control officer and impounded shall be 996
kept, housed, and fed for three days for the purpose of 997
redemption, as provided by section 955.18 of the Revised Code, 998
unless any of the following applies:999

       (1) Immediate humane destruction of the dog is necessary1000
because of obvious disease or injury. If the diseased or injured1001
dog is registered, as determined from the current year's1002
registration list maintained by the wardenchief animal control 1003
officer and the county auditor of the county where the dog is 1004
registered, the necessity of humanely destroying the dog shall be 1005
certified by a licensed veterinarian or a registered veterinary 1006
technician, as defined in section 4741.01 of the Revised Code, who 1007
is in consultation with a veterinarian or is working under 1008
standing orders of a veterinarian. If the dog is not registered, 1009
the decision to humanely destroy it shall be made by the warden1010
chief animal control officer.1011

       (2) The dog is currently registered on the registration list 1012
maintained by the wardenchief animal control officer and the 1013
auditor of the county where the dog is registered and the attempts 1014
to notify the owner, keeper, or harborer under section 955.12 of 1015
the Revised Code have failed, in which case the dog shall be kept, 1016
housed, and fed for fourteen days for the purpose of redemption.1017

       (3) The wardenchief animal control officer has contacted the 1018
owner, keeper, or harborer under section 955.12 of the Revised 1019
Code, and the owner, keeper, or harborer has requested that the 1020
dog remain in the pound or animal shelter until the owner, keeper, 1021
or harborer, or keeper redeems the dog. The time for such 1022
redemption shall be not more than forty-eight hours following the 1023
end of the appropriate redemption period.1024

       (4) A dog is not currently registered on the registration 1025
list maintained by the chief animal control officer and the 1026
auditor of the county where the dog was seized and impounded, but 1027
has had a microchip inserted subcutaneously into it and its owner 1028
is identifiable by the chief animal control officer that 1029
impounded it, in which case the dog shall be kept, housed, and 1030
fed for seven days for the purpose of redemption unless the dog 1031
has an obvious disease or injury.1032

       At any time after such periods of redemption, any dog not1033
redeemed shall be donated to any nonprofit special agency that is1034
engaged in the training of any type of assistance dogs and that 1035
requests that the dog be donated to it. Any dog not redeemed that 1036
is not requested by such an agency may be sold, except that no dog 1037
sold to a person other than a nonprofit teaching or research 1038
institution or organization of the type described in division (B) 1039
of this section shall be discharged from the pound or animal 1040
shelter until the animal has been registered and, furnished with a 1041
valid registration tag, and vaccinated against rabies in 1042
accordance with section 955.39 of the Revised Code, provided that 1043
a veterinarian is readily available on the premises of the shelter 1044
to administer the vaccination. If a veterinarian is not available 1045
to administer the vaccination, an animal shelter may proceed to 1046
discharge the dog without the vaccination.1047

       (B) Any dog that is not redeemed within the applicable period 1048
as specified in this section or section 955.12 of the Revised Code 1049
from the time notice is mailed to its owner, keeper, or harborer 1050
or is posted at the pound or animal shelter, as required by 1051
section 955.12 of the Revised Code, and that is not required to be 1052
donated to a nonprofit special agency engaged in the training of 1053
any type of assistance dogs may, upon payment to the dog warden or 1054
poundkeeperchief animal control officer of the sum of three1055
dollars, be sold to any nonprofit Ohio institution or organization 1056
that is certified by the Ohio public health council as being 1057
engaged in teaching or research concerning the prevention and 1058
treatment of diseases of human beings or animals. Any dog that is 1059
donated to a nonprofit special agency engaged in the training of 1060
any type of assistance dogs in accordance with division (A) of 1061
this section and any dog that is sold to any nonprofit teaching or 1062
research institution or organization shall be discharged from the 1063
pound or animal shelter without registration and may be kept by 1064
the agency or by the institution or organization without 1065
registration so long as the dog is being trained, or is being used 1066
for teaching and research purposes.1067

       Any institution or organization certified by the Ohio public 1068
health council that obtains dogs for teaching and research1069
purposes pursuant to this section shall, at all reasonable times,1070
make the dogs available for inspection by agents of the Ohio1071
humane society, appointed pursuant to section 1717.04 of the1072
Revised Code, and agents of county humane societies, appointed1073
pursuant to section 1717.06 of the Revised Code, in order that the 1074
agents may prevent the perpetration of any act of cruelty, as1075
defined in section 1717.01 of the Revised Code, to the dogs.1076

       (C) Any dog that the dog warden or poundkeeperchief animal 1077
control officer is unable to dispose of, in the manner provided by 1078
this section and section 955.18 of the Revised Code, may be 1079
humanely destroyed, except that no dog shall be destroyed until 1080
twenty-four hours after it has been offered to a nonprofit 1081
teaching or research institution or organization, as provided in 1082
this section, that has made a request for dogs to the dog warden 1083
or poundkeeper.1084

       (D) An owner of a dog that is wearing a valid registration1085
tag who presents the dog to the dog warden or poundkeeperchief 1086
animal control officer may specify in writing that the dog shall 1087
not be offered to a nonprofit teaching or research institution or 1088
organization, as provided in this section.1089

       (E) A record of all dogs impounded, the disposition of the1090
same, the owner's name and address, if known, and a statement of1091
costs assessed against the dogs shall be kept by the poundkeeper1092
chief animal control officer, and the poundkeeperofficer shall 1093
furnish a transcript thereof to the county treasurer quarterly.1094

       A record of all dogs received and the source that supplied1095
them shall be kept, for a period of three years from the date of1096
acquiring the dogs, by all institutions or organizations engaged1097
in teaching or research concerning the prevention and treatment of 1098
diseases of human beings or animals.1099

       (F) No person shall destroy any dog by the use of a high1100
altitude decompression chamber or by any method other than a1101
method that immediately and painlessly renders the dog initially1102
unconscious and subsequently dead.1103

       (G) As used in this section, "veterinarian" means a person 1104
who is licensed under Chapter 4741. of the Revised Code to 1105
practice veterinary medicine in this state.1106

       Sec. 955.161. No person who finds a dog that is not owned by 1107
the person shall keep or harbor the dog without notifying the 1108
chief animal control officer of the county in which the dog is 1109
found not later than two business days after finding the dog. Not 1110
later than fourteen days after finding the dog, the person shall 1111
do one of the following:1112

       (A) Adopt the dog, register it in accordance with section 1113
955.01 of the Revised Code, and provide proof that it has been 1114
vaccinated against rabies in accordance with section 955.39 of the 1115
Revised Code;1116

       (B) If an animal shelter operated by the chief animal control 1117
officer has a program to foster the dog, apply to the animal 1118
shelter to foster the dog until the dog is adopted;1119

       (C) Take the dog to an animal shelter that is operated by the 1120
chief animal control officer in order to surrender the dog. 1121
Division (A) of section 955.16 of the Revised Code applies to dogs 1122
that have been surrendered to an animal shelter operated by the 1123
chief animal control officer.1124

       Sec. 955.17.  (A) Except as otherwise provided in divisions1125
(B), (C), and (D), and (E) of this section, costs shall be1126
assessed against the owner, keeper, or harborer of any dog seized1127
and impounded under sections 955.12, 955.15, and 955.16 of the1128
Revised Code as follows:1129

(1) Filing affidavit and issuing order 1130
to seize dog $1.00; 1131
(2) Seizing dog and delivering to pound animal shelter 4.00 15.00; 1132
(3) (2) Serving or posting of notice to owner 2.00 3.00; 1133
(4) (3) Housing and feeding dog per day 1.50 5.00; 1134
(5) (4) Selling or humanely destroying dog 2.00 25.00. 1135

       (B) A board of county commissioners may adopt a resolution 1136
authorizing the chief animal control officer to assess a sale fee 1137
that is less than the fee established under division (A)(4) of 1138
this section for a nonprofit organization that is tax exempt under 1139
section 501(c)(3) of the Internal Revenue Code.1140

       (C) A board of county commissioners may adopt a resolution1141
authorizing the county to perform or contract for the performance1142
of a cost-analysis study to determine the costs to the county of1143
providing the services required under sections 955.12, 955.15, and1144
955.16 of the Revised Code. The resolution shall define the scope1145
of the study and shall itemize each cost to be analyzed. These1146
costs shall include the direct costs to the county of performing1147
the services required under sections 955.12, 955.15, and 955.16 of1148
the Revised Code and, if the board so desires, may include any1149
reasonable indirect costs determined by the board to be incurred1150
by other county offices in helping the dog wardenchief animal 1151
control officer perform histhe officer's duties under those 1152
sections.1153

       (C)(D) Upon completion of the study, the board shall hold a1154
public hearing at a regular or special session of the board, after1155
giving reasonable notice in a newspaper of general circulation in1156
the county of the hearing's date, time, and place. At the hearing,1157
the board shall consider any proposed fees that are suggested by1158
the conclusions of the study.1159

       (D)(E) After conducting the hearing required by division 1160
(C)(D) of this section, the board may, by resolution, establish 1161
fees to replace those specified in division (A) of this section 1162
for the services listed in that division. The fees so established 1163
may exceed those specified in that division by amounts sufficient 1164
to cover the direct cost of providing the service, the cost of1165
conducting the cost-analysis study, and, if that study included an1166
analysis of indirect costs, the indirect costs to other county1167
agencies in assisting the dog wardenchief animal control officer. 1168
The board need not adopt the fees suggested by the conclusions of 1169
the study, if any. It may adopt fees that are lower than or equal 1170
to, but not higher than, any suggested by the study. Fees shall 1171
not be increased more often than once every year. Fee increases 1172
shall become effective only at the beginning of a calendar year.1173

       (E)(F) The board may establish by resolution, without1174
conducting a cost-analysis study, reasonable fees to cover costs1175
of providing miscellaneous services performed by the dog warden1176
chief animal control officer that are not otherwise expressly 1177
provided for in this chapter. As used in this division,1178
"miscellaneous services" include, but are not limited to, 1179
disposing of dog carcasses, releasing dogs that are accidentally 1180
caught or found to be in a state of distress, and preventing dogs 1181
from engaging in fights or other objectionable behavior.1182

       (F)(G) The costs and fees authorized by this section shall be1183
a valid claim in favor of the county against the owner, keeper, or1184
harborer of a dog seized and impounded under sections 955.12,1185
955.15, and 955.16 of the Revised Code and not redeemed or sold,1186
or against the owner, keeper, or harborer of a dog regarding which1187
miscellaneous services described in division (E)(F) of this1188
section have been provided. The costs and fees shall be recovered 1189
by the county treasurer in a civil action against the owner, 1190
keeper, or harborer.1191

       Sec. 955.18.  Any dog that is seized and impounded under 1192
sections 955.12, 955.15, and 955.17955.16 of the Revised Code may 1193
be redeemed by its owner, keeper, or harborer at any time prior to 1194
the expiration of the applicable redemption period as specified in 1195
sections 955.12 and 955.16 of the Revised Code, upon payment to 1196
the dog warden or poundkeeperchief animal control officer of all 1197
costs assessed against the animal and upon providing the animal 1198
with a valid registration tag if it has none.1199

       Sec. 955.19.  All funds received by the county dog warden or 1200
poundkeeperchief animal control officer in connection with the 1201
administration of sections 955.01 to 955.18, inclusive, of the 1202
Revised Code, shall be deposited in the county treasury and placed 1203
to the credit of the dog and kennel fund.1204

       Sec. 955.20.  The registration fees provided for in sections1205
955.01 to 955.14 of the Revised Code constitute a special fund1206
known as "the dog and kennel fund." The fees shall be deposited1207
by the county auditor in the county treasury daily as collected1208
and shall be used for the purpose of defraying the cost of1209
furnishing all blanks, records, tags, nets, and other equipment,1210
for the purpose of paying the compensation of county dog wardens1211
the chief animal control officer, deputies, poundkeepers, and 1212
other employees necessary to carry out and enforce sections 1213
951.22, 955.01 to 955.261955.25, 955.40, 955.41, and 957.03 of 1214
the Revised Code, and for the payment of animal claims as provided 1215
in sections 955.29 to 955.38 of the Revised Code, and in 1216
accordance with section 955.27 of the Revised Code. The board of 1217
county commissioners, by resolution, shall appropriate sufficient 1218
funds out of the dog and kennel fund, not more than fifteen per 1219
cent of which shall be expended by the auditor for registration 1220
tags, blanks, records, and clerk hire, for the purpose of 1221
defraying the necessary expenses of registering, seizing, 1222
impounding, and humanely destroying dogs in accordance with 1223
sections 955.01 to 955.27 of the Revised Code, and for the purpose 1224
of covering any additional expenses incurred by the county auditor 1225
as authorized by division (F)(3) of section 955.14 of the Revised 1226
Code.1227

       If the funds so appropriated in any calendar year are found1228
by the board to be insufficient to defray the necessary cost and1229
expense of the county dog wardenchief animal control officer in 1230
enforcing sections 955.01 to 955.27 of the Revised Code, the1231
board, by resolution so provided, after setting aside a sum equal1232
to the total amount of animal claims paid orfiled in that 1233
calendar year, or an amount equal to the total amount of animal 1234
claims paid or allowed the preceding year, whichever amount is 1235
larger, may appropriate further funds for the use and purpose of 1236
the county dog wardenchief animal control officer in 1237
administering those sections.1238

       Sec. 955.201. (A) As used in this section and in section 1239
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit 1240
corporation organized by that name under Chapter 1702. of the 1241
Revised Code that consists of humane societies, veterinarians, 1242
animal shelters, companion animal breeders, dog wardenschief 1243
animal control officers, and similar individuals and entities.1244

        (B) The Ohio pet fund shall do all of the following:1245

       (1) Allocate the money received from the license plate 1246
contribution fund established in section 4501.21 of the Revised 1247
Code for any of the following purposes:1248

       (a) The expenses of the Ohio pet fund that are reasonably 1249
necessary to obtain and maintain its tax-exempt status and to 1250
perform its duties under division (B) of this section;1251

       (b) Distribution to eligible organizations under division (B) 1252
of this section;1253

       (c) A reserve amount for expenses or future distribution.1254

       (2) Establish eligibility criteria for organizations that may1255
receive financial assistance from the pets program funding board 1256
created in section 955.202 of the Revised CodeOhio pet fund. 1257
Those organizations may include any of the following:1258

        (a) An animal shelter as defined in section 4729.01 of the1259
Revised Code;1260

       (b) A local nonprofit veterinary association that operates a1261
program for the sterilization of dogs and cats;1262

       (c) A charitable organization that is exempt from federal1263
income taxation under subsection 501(c)(3) of the Internal Revenue 1264
Code and the primary, one purpose of which is to support programs 1265
for the sterilization of dogs and cats and educational programs 1266
concerning the proper veterinary care of those animals.1267

       (2)(3) Establish procedures for applying for financial 1268
assistance from the pets program funding boardOhio pet fund. 1269
Application procedures shall require eligible organizations to 1270
submit detailed proposals that outline the intended uses of the 1271
moneys sought.1272

       (3)(4) Establish eligibility criteria for sterilization and1273
educational programs for which moneys from the pets program 1274
funding boardOhio pet fund may be used and, consistent with 1275
division (C) of this section, establish eligibility criteria for 1276
individuals who seek sterilization for their dogs and cats from 1277
eligible organizations;1278

       (4)(5) Establish procedures for the disbursement of moneys 1279
the pets program funding boardOhio pet fund receives from 1280
license plate contributions pursuant to division (C) of section 1281
4503.551 of the Revised Code;1282

       (5)(6) Disburse money from the license plate contribution 1283
fund created in section 4501.21 of the Revised Code for the 1284
purposes specified in this section. Money shall be disbursed to 1285
organizations that meet the eligibility requirements established 1286
in division (B)(2) of this section in accordance with procedures 1287
established in divisions (B)(3) and (4) of this section, provided 1288
that money from the license plate contribution fund shall not be 1289
used to make grants to any organization that employs a member of 1290
the Ohio pet fund at the time of the application or that has a 1291
member of the Ohio pet fund sitting on the organization's board of 1292
directors at the time of the application.1293

       (7) Advertise or otherwise provide notification of the1294
availability of financial assistance from the pets program funding 1295
boardOhio pet fund for eligible organizations;1296

       (6)(8) Design markings to be inscribed on "pets" license 1297
plates under section 4503.551 of the Revised Code;1298

       (9) Annually notify the registrar of motor vehicles in 1299
writing of the name and address of each organization to which the 1300
Ohio pet fund distributed money received from the license plate 1301
contribution fund, and the amount of each such distribution.1302

       (C)(1) The owner of a dog or cat is eligible for dog or cat1303
sterilization services from an eligible organization when those 1304
services are subsidized in whole or in part by money from the pets 1305
program funding boardOhio pet fund if any of the following1306
applies:1307

       (a) The income of the owner's family does not exceed one 1308
hundred fifty per cent of the federal poverty guideline.1309

       (b) The owner, or any member of the owner's family who 1310
resides with the owner, is a recipient or beneficiary of one of 1311
the following government assistance programs:1312

       (i) Low-income housing assistance under the "United States 1313
Housing Act of 1937," 88 Stat. 653, 42 U.S.C.A. 1437f, as amended, 1314
known as the federal section 8 housing program;1315

       (ii) The Ohio works first program established by Chapter 1316
5107. of the Revised Code;1317

       (iii) Title XIX of the "Social Security Act," 49 Stat. 620 1318
(1935), 42 U.S.C.A. 301, as amended, known as the medical 1319
assistance program or medicaid, provided by the department of job 1320
and family services under Chapter 5111. of the Revised Code;1321

       (iv) A program or law administered by the United States 1322
department of veterans' affairs or veterans' administration for 1323
any service-connected disability;1324

       (v) The food stamp program established under the "Food Stamp 1325
Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended, 1326
administered by the department of job and family services under 1327
section 5101.54 of the Revised Code;1328

       (vi) The "special supplemental nutrition program for women, 1329
infants, and children" established under the "Child Nutrition Act 1330
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered 1331
by the department of health under section 3701.132 of the Revised 1332
Code;1333

       (vii) Supplemental security income under Title XVI of the 1334
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 1335
amended;1336

       (viii) Social security disability insurance benefits provided 1337
under Title II of the "Social Security Act," 49 Stat. 620 (1935), 1338
42 U.S.C.A. 401, as amended.1339

       (c) The owner of the dog or cat submits to the eligible1340
organization operating the sterilization program either of the1341
following:1342

       (i) A certificate of adoption showing that the dog or cat was1343
adopted from a licensed animal shelter, a municipal, county, or 1344
regional poundanimal shelter, or a holding and impoundment 1345
facility that contracts with a municipal corporation;1346

       (ii) A certificate of adoption showing that the dog or cat 1347
was adopted through a nonprofit corporation operating an animal 1348
adoption referral service whose holding facility, if any, is 1349
licensed in accordance with state law or a municipal ordinance.1350

       (2) The Ohio pet fund shall determine the type of documentary1351
evidence that must be presented by the owner of a dog or cat to1352
show that the income of the owner's family does not exceed one1353
hundred fifty per cent of the federal poverty guideline or that 1354
the owner is eligible under division (C)(1)(b) of this section.1355

       (D) The registrar of motor vehicles shall pay to the Ohio pet 1356
fund money from the license plate contribution fund that is 1357
attributable to contributions paid by motor vehicle registration 1358
applicants pursuant to section 4503.551 of the Revised Code and 1359
money from any other source, including donations, gifts, and 1360
grants, that is designated by the source to be paid to the Ohio 1361
pet fund.1362

       (E) As used in division (C) of this section, "federal poverty 1363
guideline" means the official poverty guideline as revised 1364
annually by the United States department of health and human 1365
services in accordance with section 673(2) of the "Omnibus Budget1366
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as1367
amended, for a family size equal to the size of the family of the 1368
person whose income is being determined.1369

       Sec. 955.21.  No owner, keeper, or harborer of a dog more 1370
than three months of age, nor owner of a dog kennel,or older1371
shall fail to file the application for registration required by 1372
section 955.01 of the Revised Code, nor shall heany such owner, 1373
keeper, or harborer fail to pay the legalregistration fee 1374
thereforestablished under that section.1375

       Sec. 955.22.  (A) As used in this section, "dangerous dog"1376
and "vicious dog" have the same meanings as in section 955.11 of1377
the Revised Code.1378

       (B) No owner, keeper, or harborer of any female dog shall1379
permit it to go beyond the premises of the owner, keeper, or1380
harborer at any time the dog is in heat unless the dog is properly 1381
in leash.1382

       (C) Except when a dog is lawfully engaged in hunting and 1383
accompanied by the owner, keeper, harborer, or handler of the dog, 1384
no owner, keeper, or harborer of any dog shall fail at any time to 1385
do either of the following:1386

       (1) Keep the dog physically confined or restrained upon the 1387
premises of the owner, keeper, or harborer by a leash, tether, 1388
adequate fence, supervision, or secure enclosure to prevent 1389
escape;1390

       (2) Keep the dog under the reasonable control of some person.1391

       (D) Except when a dangerous or vicious dog is lawfully 1392
engaged in hunting or training for the purpose of hunting and is 1393
accompanied by the owner, keeper, harborer, or handler of the dog, 1394
noNo owner, keeper, or harborer of a dangerous or vicious dog 1395
shall fail to do either of the following:1396

       (1) While that dog is on the premises of the owner, keeper, 1397
or harborer, securely confine it at all times in a locked pen that 1398
has a top, locked fenced yard, or other locked enclosure that has 1399
a top, except that a dangerous dog may, in the alternative, be 1400
tied with a leash or tether so that the dog is adequately 1401
restrained;1402

       (2) While that dog is off the premises of the owner, keeper, 1403
or harborer, keep that dog on a chain-link leash or tether that is 1404
not more than six feet in length and additionally do at least one 1405
of the following:1406

       (a) Keep that dog in a locked pen that has a top, locked1407
fenced yard, or other locked enclosure that has a top;1408

       (b) Have the leash or tether controlled by a person who is of 1409
suitable age and discretion or securely attach, tie, or affix the 1410
leash or tether to the ground or a stationary object or fixture so 1411
that the dog is adequately restrained and station such a person in 1412
close enough proximity to that dog so as to prevent it from 1413
causing injury to any person;1414

       (c) Muzzle that dog.1415

       (E) No owner, keeper, or harborer of a vicious dog shall fail 1416
to obtain liability insurance with an insurer authorized to write 1417
liability insurance in this state providing coverage in each 1418
occurrence, subject to a limit, exclusive of interest and costs, 1419
of not less than one hundred thousand dollars because of damage or 1420
bodily injury to or death of a person caused by the vicious dog.1421

       (F) No person shall do any of the following:1422

       (1) Debark or surgically silence a dog that the person knows 1423
or has reason to believe is a vicious dog;1424

       (2) Possess a vicious dog if the person knows or has reason 1425
to believe that the dog has been debarked or surgically silenced;1426

       (3) Falsely attest on a waiver form provided by the 1427
veterinarian under division (G) of this section that the person's 1428
dog is not a vicious dog or otherwise provide false information on 1429
that written waiver form.1430

       (G) Before a veterinarian debarks or surgically silences a 1431
dog, the veterinarian may give the owner of the dog a written 1432
waiver form that attests that the dog is not a vicious dog. The 1433
written waiver form shall include all of the following:1434

       (1) The veterinarian's license number and current business1435
address;1436

       (2) The number of the licenseregistration of the dog if the 1437
dog is licensedregistered;1438

       (3) A reasonable description of the age, coloring, and gender 1439
of the dog as well as any notable markings on the dog;1440

       (4) The signature of the owner of the dog attesting that the1441
owner's dog is not a vicious dog;1442

       (5) A statement that division (F) of section 955.22 of the1443
Revised Code prohibits any person from doing any of the following:1444

       (a) Debarking or surgically silencing a dog that the person 1445
knows or has reason to believe is a vicious dog;1446

       (b) Possessing a vicious dog if the person knows or has 1447
reason to believe that the dog has been debarked or surgically 1448
silenced;1449

       (c) Falsely attesting on a waiver form provided by the1450
veterinarian under division (G) of section 955.22 of the Revised1451
Code that the person's dog is not a vicious dog or otherwise 1452
provide false information on that written waiver form.1453

       (H) It is an affirmative defense to a charge of a violation 1454
of division (F) of this section that the veterinarian who is 1455
charged with the violation obtained, prior to debarking or 1456
surgically silencing the dog, a written waiver form that complies 1457
with division (G) of this section and that attests that the dog is 1458
not a vicious dog.1459

       Sec. 955.23.  No county dog wardenchief animal control 1460
officer shall willfully fail to perform histhe officer's duties1461
under section 955.12 of the Revised Code or other duties required 1462
of dog wardenschief animal control officers.1463

       Sec. 955.27.  After paying all necessary expenses of1464
administering the sections of the Revised Code relating to the1465
registration, seizing, impounding, and destroyinghumane 1466
destruction of dogs, including the purchase, construction, and 1467
repair of vehicles and facilities necessary for the proper 1468
administration of suchthose sections, making compensation for 1469
injuries to livestock inflicted by dogs, and after paying all 1470
horse, sheep, cattle, swine, mule and goatanimal claims, the 1471
board of county commissioners, at the December session, if there 1472
remains more than two thousand dollars in the dog and kennel fund 1473
for suchthat year in a county in which there is a society for 1474
the prevention of cruelty to children and animals, incorporated 1475
and organized by law, and having one or more agents appointed 1476
pursuant to law, or any other society organized under Chapter 1477
1717. of the Revised Code, that owns or controls a suitable dog 1478
kennel or a place for the keeping and destroyinghumane 1479
destruction of dogs whichthat has one or more agents appointed 1480
and employed pursuant to law, may pay to the treasurer of such1481
the society, upon warrant of the county auditor, all such excess 1482
as the board deemsdetermines necessary for the uses and purposes 1483
of suchthe society.1484

       As used in this section, "animal" has the same meaning as in 1485
section 955.51 of the Revised Code.1486

       Sec. 955.28.  (A) Subject to divisions (A)(C)(2) and (3) of1487
section 955.261955.41 of the Revised Code, a dog that is chasing 1488
or approaching in a menacing fashion or apparent attitude of 1489
attack, that attempts to bite or otherwise endanger, or that kills 1490
or injures a person, or a dog that chases, injures, or kills1491
livestock, poultry, other domestic animal, or other animal, that1492
is the property of another person, except a cat or another dog,1493
can be killed at the time of that chasing, approaching, attempt,1494
killing, or injury. If, in attempting to kill such a dog, a person 1495
wounds it, hethe person is not liable to prosecution under the 1496
penal laws whichthat punish cruelty to animals.1497

       (B) The owner, keeper, or harborer of a dog is liable in1498
damages for any injury, death, or loss to person or property that1499
is caused by the dog, unless the injury, death, or loss was caused 1500
to the person or property of an individual who, at the time, was 1501
committing or attempting to commit a trespass or other criminal 1502
offense on the property of the owner, keeper, or harborer, or was 1503
committing or attempting to commit a criminal offense against any 1504
person, or was teasing, tormenting, or abusing the dog on the 1505
owner's, keeper's, or harborer's property.1506

       Sec. 955.29.  Any owner of horses, sheep, cattle, swine,1507
mules, goats, domestic rabbits, or domestic fowl or poultryan 1508
animal that have an aggregatethe owner believes has a fair market 1509
value of ten dollars or more and that havehas been seriously1510
injured or killed by a dog not belonging to the owner or harbored 1511
on histhe owner's premises, in order to be eligible to receive 1512
compensation from the dog and kennel fund, shall notify a member 1513
of the board of county commissioners or dog wardenchief animal 1514
control officer within three days after the loss or injury has 1515
been discovered. A commissioner who is notified shall immediately 1516
notify the dog wardenchief animal control officer of the loss or 1517
injury. The wardenchief animal control officer shall investigate 1518
or have the loss or injury investigated promptly, and the person1519
making the investigation shall provide the owner with duplicate1520
copies of the claim form authorized by section 955.36 of the1521
Revised Code and assist himthe owner in filling it out. The1522

       The owner shall set forth the kind, grade, quality, and fair 1523
market value of the animals, fowl, or poultry,animal, as 1524
estimated by the owner, the nature and amount of the loss or1525
injury, the place where the loss or injury occurred, and all other 1526
facts in the possession of the claimant that will enable the 1527
wardenchief animal control officer to fix responsibility for the 1528
loss or injury. If the animals, fowl, or poultry die as a result 1529
of their injuries, their fair market value shall be the market 1530
value of uninjured animals, fowl, or poultry on the date of the 1531
death of the injured animals, fowl, or poultry. If the animals, 1532
fowl, or poultry do not die as a result of their injuries, their 1533
fair market value shall be their market value on the date on which 1534
they received their injuries. Any fetus that is aborted by an 1535
animal because of stress inflicted by a dog and that does not, on 1536
that account, survive shall be considered to have been killed by 1537
the dog, regardless of the stage of pregnancy at which the 1538
abortion occurs. In the case of any such alleged cause of death, 1539
the warden may, as part of his investigation, request the chief of1540
the division of animal industry to have a state veterinarian1541
certify the cause of death. The chief shall promptly comply, and1542
the veterinarian shall send the certification to the warden.The 1543
owner shall provide proof of any insurance coverage on the animal 1544
to the person making the investigation to ensure that any amount 1545
for the loss or injury covered by an insurance policy is 1546
considered when determining compensation from the dog and kennel 1547
fund. The owner shall also sign a statement that the information 1548
set forth is a true account of the loss or injury and that, on the 1549
date the loss or injury occurred, the claimant did not own or 1550
harbor an unregistered dog required to be registered under section 1551
955.01 of the Revised Code. No claimant who owned or harbored an1552
unregistered dog on that date may recover from the dog and kennel1553
fund.1554

       If the wardenchief animal control officer finds all the 1555
statements that the owner made on the form to be correct and 1556
agrees with the owner as to the fair market value of the animals, 1557
fowl, or poultry, heanimal, the officer shall promptly so certify 1558
and send both copies of the form, together with whatever other 1559
documents, testimony, or information hethe officer has received 1560
relating to the loss or injury, to the board of county1561
commissioners.1562

       If the wardenchief animal control officer does not find all 1563
the statements to be correct or does not agree with the owner as 1564
to the fair market value, the owner may appeal to the board of 1565
township trusteescounty commissioners for a determination as 1566
provided in section 955.30 to 955.34955.35 of the Revised Code. 1567
In that case the owner shall secure statements as to the nature 1568
and amount of the loss or injury from at least two witnesses who 1569
viewed the results of the killing or injury and who can testify 1570
thereto and submit both copies of the form to the board of 1571
township trusteescounty commissioners or a member thereof not 1572
later than twentyten days after the loss or injury was discovered1573
chief animal control officer finds that not all of the owner's 1574
statements are correct or disagrees with the owner's estimated 1575
fair market value, whichever is applicable. The wardenchief 1576
animal control officer shall submit to the board of township 1577
trusteescounty commissioners whatever documents, testimony, or 1578
other information hethe officer has received relating to the loss 1579
or injury.1580

       As used in this section and sections 955.32 to 955.38 of the 1581
Revised Code:1582

        (A) "Animal" and "grade animal" have the same meanings as in 1583
section 955.51 of the Revised Code.1584

        (B) "Fair market value" means the average price that is paid 1585
for a healthy grade animal at a livestock auction licensed under 1586
Chapter 943. of the Revised Code and selected by the applicable 1587
board of county commissioners.1588

       Sec. 955.32.  If the animals, fowl, or poultryanimal that 1589
has been killed or injured as described in section 955.29 of the 1590
Revised Code areis registered in any accepted association of 1591
registry, the owner, or histhe owner's employee or tenant, shall 1592
submit with the claim form the registration papers showing the 1593
animal's lines of breeding, age, and other matters. If the animals 1594
areanimal is the offspring of registered stock and is eligible 1595
for registration, the registration papers showing the breeding of 1596
the offspring shall be submitted.1597

       Sec. 955.35.  The board of county commissioners, at the next 1598
regular meeting after claims in accordance with sectionssection1599
955.29 to 955.34 of the Revised Code have been submitted, shall1600
examine the same and may hear additional testimony or receive1601
additional affidavits in regard thereto and may allow the amount1602
previously certified by the dog warden or allowed by the board of1603
township trusteeschief animal control officer, or a part thereof, 1604
or any amount in addition thereto, as it may find to be just, but 1605
in no event shall the amount allowed exceed the lesser of five 1606
hundred dollars per animal or the uninsured amount of the loss or 1607
injury. The board shall make the final determination of the fair 1608
market value of an animal that is the subject of a claim.1609

       If the animal that is the subject of a claim dies as a result 1610
of the injuries that it received from a dog, the amount of 1611
indemnity is the fair market value of the animal on the date of 1612
its death subject to the limit established in this section. If the 1613
animal that is the subject of a claim does not die as a result of 1614
the injuries that it received from a dog, the amount of indemnity 1615
is the fair market value of the animal on the date on which it 1616
received its injuries subject to the limit established in this 1617
section. If the animal that is the subject of a claim is 1618
registered or eligible for registration as described in section 1619
955.32 of the Revised Code, the amount of indemnity is one hundred 1620
twenty-five per cent of the fair market value of the animal on the 1621
date on which the animal was killed or injured subject to the 1622
limit established in this section. If the date of death or injury 1623
of an animal cannot be determined, the amount of indemnity shall 1624
be based on the fair market value of the animal on the date on 1625
which the death or injury was discovered by its owner. A fetus 1626
that is aborted by an animal because of stress inflicted by a dog 1627
and that does not, on that account, survive shall be considered to 1628
have been killed by the dog regardless of the stage of pregnancy 1629
at which the abortion occurs. In the case of any such alleged 1630
cause of death, the chief animal control officer, as part of the 1631
officer's investigation, may request the chief of the division of 1632
animal industry in the department of agriculture to have a state 1633
veterinarian certify the cause of death. The chief of the division 1634
of animal industry shall promptly comply, and the veterinarian 1635
shall send the certification to the board of county commissioners.1636

        The claims shall be paid out of the dog and kennel fund or 1637
out of the general fund of the county, as provided in section 1638
955.14 of the Revised Code. Such claims as are allowed in whole or 1639
in part shall be paid by voucher issued by the county auditor five 1640
days after the approval of the board of county commissioners has 1641
been entered. If the claim is to be paid out of the dog and kennel 1642
fund and the funds therein are insufficient to pay the claims, 1643
they shall be paid in the order allowed at the close of the next 1644
calendar month in which sufficient funds are available in the 1645
fund.1646

       Sec. 955.34.        Sec. 955.351.  Witnesses not exceeding four in number, 1647
who give testimony in the hearing provided for inunder section 1648
955.33955.35 of the Revised Code at a meeting of the board of 1649
county commissioners, shall be allowed sixfifteen dollars each 1650
and mileage at the rate of ten cents per mile, going and 1651
returning, in each case. The board of township trustees shall 1652
administer an oath or affirmation to each claimant or witness.1653

       If the animals, fowl, or poultryanimal that havehas been 1654
killed or injured areis in the care of an employee or tenant of 1655
the owner thereof, the affidavit provided for in section 955.29 of 1656
the Revised Code may be made by suchthat employee or tenant,1657
whose testimony may be received in regard to all relative matters 1658
to which saidthe owner would be competent to testify.1659

       Sec. 955.37.  An owner of animals, fowl, or poultryan animal 1660
that has been killed or injured by a dog may, if the fair market 1661
value is ten dollars or more, appeal from a final allowance made 1662
by the board of county commissioners, within thirty days after the 1663
allowance. The appeal shall be made to the probate court by 1664
filing, as party plaintiff, a petition with the court setting out 1665
the facts in the case as contended by the owner. Proceedings shall 1666
be as provided by law in civil cases, and the board shall be made 1667
party defendant.1668

       Sec. 955.38.  The probate court shall hear the appeals 1669
provided for in section 955.37 of the Revised Code as in equity 1670
and shall determine the fair market value of the animals, fowl, or 1671
poultryanimal that has been killed or injured. Not more than 1672
three witnesses shall be called by each party. The amount found by 1673
the court shall not exceed the lesser of five hundred dollars per 1674
animal or the uninsured amount of the loss or injury. The amount 1675
found shall be final, and the judge shall certify it to the board 1676
of county commissioners. Like proceedings shall be had as to 1677
payment thereof, as if the amount had been found by the board in1678
the first instance.1679

       If an increased allowance is made by the court, the costs 1680
shall be paid equally by the parties; if no increase is made, the 1681
plaintiff shall pay all the costs.1682

       Sec. 955.39. (A) Except as otherwise provided in this 1683
section, the owner, keeper, or harborer of a dog shall ensure that 1684
the dog is at all times properly vaccinated against rabies in 1685
compliance with the recommendations in the compendium of animal 1686
rabies prevention and control of the national association of state 1687
public health veterinarians.1688

       (B) Division (A) of this section does not apply to any of the 1689
following:1690

       (1) A dog whose well-being would be endangered by a 1691
vaccination against rabies as determined by a veterinarian. The 1692
veterinarian shall provide the determination in writing. The 1693
determination shall state why the vaccination would endanger the 1694
well-being of the dog and the length of time for which the 1695
vaccination would be a danger to the dog.1696

       (2) A dog that is confined to the premises of an organization 1697
or a nonprofit corporation organized under Chapter 1702. of the 1698
Revised Code or the laws of another state that is devoted to the 1699
care of, or providing hospital treatment for, lost or homeless 1700
animals;1701

       (3) A dog that is confined for purposes of research at a 1702
facility registered under the "Animal Welfare Act of 1966," 80 1703
Stat. 351, 7 U.S.C. 2136, as amended;1704

       (4) A dog that is confined to an animal shelter as defined in 1705
section 4729.01 of the Revised Code.1706

       (C) The vaccination of a dog against rabies shall be 1707
administered by or under the supervision of a veterinarian. The 1708
veterinarian who administers or supervises the administration of a 1709
rabies vaccination shall do all of the following:1710

       (1) Complete and sign a vaccination certificate;1711

       (2) Provide a rabies vaccination tag and the vaccination 1712
certificate to the owner, keeper, or harborer of the dog;1713

       (3) Retain a copy of the vaccination certificate during the 1714
period of time that the dog remains vaccinated against rabies. 1715
Upon request, the veterinarian shall provide a copy of the 1716
certificate to the board of health of the health district in which 1717
the dog resides or the chief animal control officer.1718

       For the purpose of compliance with the requirement that the 1719
vaccination of a dog against rabies be administered by or under 1720
the supervision of a veterinarian, "veterinarian" includes a 1721
veterinarian that is licensed in another state and that uses 1722
vaccines against rabies that are licensed by the United States 1723
department of agriculture. The owner, keeper, or harborer of a dog 1724
that is vaccinated against rabies in another state and that is 1725
moved into this state shall provide proof of vaccination against 1726
rabies for the dog to the board of health of the health district 1727
in which the dog resides or the applicable chief animal control 1728
officer upon request.1729

       (D) A veterinarian shall use vaccines against rabies that are 1730
licensed by the United States department of agriculture. The 1731
veterinarian shall follow the label or package insert instructions 1732
regarding dosage and method of administration of a vaccine. A 1733
vaccination administered in accordance with this division 1734
constitutes compliance with this division in any county of the 1735
state.1736

       (E) A board of health shall assess a civil penalty of fifty 1737
dollars for a violation of division (A) of this section.1738

       (F) Nothing in this section limits the authority of the 1739
legislative authority of a municipal corporation to adopt and 1740
enforce ordinances, or a board of health to adopt and enforce 1741
rules or to issue and enforce orders, for the prevention or 1742
control of rabies, including ordinances, rules, or orders 1743
requiring the issuance of rabies vaccination tags and certificates 1744
supplied to veterinarians and the establishment and collection of 1745
fees for supplying the vaccination tags and certificates within 1746
the municipal corporation or health district, as applicable. Any 1747
fees established by the legislative authority or board under this 1748
section shall not exceed one dollar for a vaccination tag and the 1749
accompanying certificate. The fees shall be used by the municipal 1750
corporation or board of health to defray the costs of procuring 1751
and distributing rabies vaccination tags and certificates and for 1752
promoting vaccinations of dogs.1753

       (G) All money collected by a board of health from civil 1754
penalties assessed under division (E) of this section and money 1755
from all fines imposed for a violation of an ordinance of a 1756
municipal corporation or rule or order of a board of health 1757
authorized under this section shall be credited to the general 1758
fund of the municipal corporation or the district health fund 1759
created under section 3709.28 of the Revised Code, as applicable.1760

       (H) As used in this section and sections 955.40 and 955.41 of 1761
the Revised Code:1762

       (1) "Board of health" means the board of health of a city or 1763
general health district created by or under the authority of 1764
Chapter 3709. of the Revised Code or the authority having the 1765
duties of a board of health in any city as authorized by section 1766
3709.05 of the Revised Code.1767

       (2) "Veterinarian" means a person who is licensed under 1768
Chapter 4741. of the Revised Code to practice veterinary medicine 1769
in this state.1770

       Sec. 955.26.        Sec. 955.40. (A) Whenever, in the judgment of the 1771
director of health, any city or general health district board of 1772
health, or persons performing the duties of a board of health, 1773
rabies is prevalent enough to pose a health hazard to the general 1774
public, the director of health, the board, or those persons shall 1775
declare a quarantine of all dogs in the health district or in a 1776
part of it. During the quarantine, the owner, keeper, or harborer 1777
of any dog shall keep it confined on the premises of the owner, 1778
keeper, or harborer, or in a suitable pound or kennelholding 1779
place, at the expense of the owner, keeper, or harborer, except 1780
that a dog may be permitted to leave the premises of its owner, 1781
keeper, or harborer if it is under leash or under the control of 1782
a responsible person. The quarantine order shall be considered an1783
emergency and need not be published.1784

       When the quarantine has been declared, the director of1785
health, the board, or those persons may require vaccination for1786
rabies of all dogs within the health district or part of it. Proof 1787
of rabies vaccination within a satisfactory period shall be1788
demonstrated to the county auditor before any registration is1789
issued under section 955.01 of the Revised Code for any dog that1790
is required to be vaccinated.1791

       The public health council shall determine appropriate methods 1792
of rabies vaccination and satisfactory periods for purposes of 1793
quarantines under this section.1794

       (B) When a quarantine of dogs has been declared in any health1795
district or part of a health district, the county dog wardenchief 1796
animal control officer and all other persons having the authority 1797
of police officers shall assist the health authorities in 1798
enforcing the quarantine order. When rabies vaccination has been 1799
declared compulsory in any health district or part of a health 1800
district, the dog warden shall assist the health authorities in 1801
enforcing the vaccination order.1802

       Notwithstanding the provisions of this section, a city or1803
general health district board of health may make orders pursuant1804
to sections 3709.20 and 3709.21 of the Revised Code requiring the1805
vaccination of dogs.1806

       (C) If a quarantine has been declared under this chapter, the 1807
director of health, a board of health, or persons performing the 1808
duties of a board of health may order the humane destruction of a 1809
dog that has been declared a nuisance and for which proof of the 1810
dog's having been vaccinated in accordance with section 955.39 of 1811
the Revised Code cannot be demonstrated.1812

       (D) No person shall violate a rabies quarantine order issued 1813
under this section.1814

       (E) As used in this section, "nuisance" means a dog that is 1815
running at large and that is not under the direct supervision of 1816
its owner, keeper, or harborer and in doing so is a health hazard 1817
to the general public during a period in which the director of 1818
health, a board of health, or persons performing the duties of a 1819
board of health determine that rabies is prevalent.1820

       Sec. 955.261.        Sec. 955.41.  (A)(1) If a medical care provider 1821
treats a person who was bitten by a dog, the medical care 1822
provider, within twenty-four hours after treating the person, 1823
shall report the incident to the health commissioner appointed by 1824
the board of health of the health district in which the bite 1825
occurred.1826

       (2) If a health commissioner receives a report under division 1827
(A)(1) of this section, the health commissioner shall declare a 1828
quarantine in accordance with rules adopted under this section. 1829
The owner, keeper, or harborer of the dog, if known, shall pay 1830
all of the expenses of the quarantine.1831

       (B)(1) A veterinarian or other person who examines, treats, 1832
owns, harbors, or otherwise cares for a dog that exhibits symptoms 1833
or behavior suggestive of rabies may report that the dog exhibits 1834
symptoms or behavior suggestive of rabies to the health 1835
commissioner of the health district in which the dog is examined, 1836
treated, owned, harbored, or otherwise cared for.1837

       (2) If a health commissioner receives a report under division 1838
(B)(1) of this section, the health commissioner shall investigate 1839
the report and, if the dog that is the subject of the report does 1840
exhibit symptoms or behavior suggestive of rabies, declare a 1841
quarantine or test the dog in accordance with rules adopted under 1842
this section. The owner, keeper, or harborer of the dog, if 1843
known, shall pay all of the expenses of a quarantine.1844

       (C)(1) No person shall remove a dog that has bitten any 1845
person from the countyhealth district in which the bite occurred 1846
until a quarantine period as specified in division (B) of this1847
section has been completedthe dog has been quarantined in 1848
accordance with division (A)(2) or (B)(2) of this section without 1849
the approval of the health commissioner of the health district in 1850
which the quarantine has been declared. No person shall transfer 1851
ownership of a dog that has bitten any personbeen quarantined1852
until a quarantine period as specified in division (B) ofrules 1853
adopted under this section has been completed, except that a1854
person may transfer the dog to the county dog wardenchief 1855
animal control officer or to any other animal control authority.1856

       (2)(a) Subject to division (A)(C)(2)(b) of this section, no1857
person shall kill a dog that has bitten any person until a1858
quarantine period as specified inbeen quarantined in accordance 1859
with division (A)(2) or (B)(2) of this section has been completed1860
without the approval of the health commissioner of the health 1861
district in which the quarantine has been declared.1862

       (b) Division (A)(C)(2)(a) of this section does not apply to1863
theeither of the following:1864

       (i) The killing of a dog in order to prevent further injury 1865
or death or if the dog is diseased or seriously injured;1866

       (ii) The killing of a dog by a veterinarian or a euthanasia 1867
technician certified by the veterinary medical licensing board in 1868
accordance with rules adopted under section 4741.03 of the Revised 1869
Code who is aware that the dog is under quarantine.1870

       (3) No person who has killed a dog that has bitten any person 1871
in order to prevent further injury or death or if the dog is 1872
diseased or seriously injuredand who is authorized to do so under 1873
division (C)(2)(b) of this section shall fail to do both of the1874
following:1875

       (a) Immediately after the killing of the dog, notify the1876
board of health for the district in which the bitekilling1877
occurred of the facts relative to the bite and thekilling and the 1878
reasons for the killing;1879

       (b) Hold the body of the dog until that board of health1880
claims it to perform tests for rabies or releases the body for 1881
disposal.1882

       (B) The quarantine period for a dog that has bitten any1883
person shall be ten days or another period that the board of1884
health for the district in which the bite occurred determines is1885
necessary to observe the dog for rabies.1886

       (C)(1) To enable persons to comply with the quarantine1887
requirements specified in divisions (A) and (B) of this section,1888
boards of health shall make provision for the quarantine of1889
individual dogs under the circumstances described in those1890
divisions.1891

       (2)(D) Upon the receipt of a notification pursuant to1892
division (A)(C)(3) of this section that a dog that has bitten any1893
person has been killed, the board of health for the district in1894
which the bitekilling occurred shall claim the body of the dog 1895
from its killer and then perform tests on the body for rabies in 1896
accordance with rules adopted under this section.1897

       (E) The public health council shall adopt rules in accordance 1898
with Chapter 119. of the Revised Code establishing requirements 1899
and procedures for rabies quarantines and rabies testing of dogs 1900
as required under this section. The rules shall be in compliance 1901
with the human rabies prevention recommendations of the advisory 1902
committee on immunization practices for the centers for disease 1903
control and prevention in the United States department of health 1904
and human services and the compendium of animal rabies prevention 1905
and control of the national association of state public health 1906
veterinarians.1907

       (D)(F) This section does not apply to a police dog that has1908
bitten a person while the police dog is under the care of a1909
licensed veterinarian or has bitten a person while the police dog1910
is being used for law enforcement, corrections, prison or jail1911
security, or investigative purposes. If, after biting a person, a1912
police dog exhibits any abnormal behavior or illness suggestive of 1913
rabies, the law enforcement agency and the law enforcement officer 1914
the police dog assists, within a reasonable time after the person 1915
is bitten, shall make the police dog available for the board of 1916
health for the district in which the bite occurred to perform 1917
tests for rabies.1918

       (E)(G) As used in this section, "police dog" has the same1919
meaning as in section 2921.321 of the Revised Code.1920

       Sec. 955.42.  A person bitten or injured by an animal 1921
afflicted with rabies, if the bite or injury has caused the person 1922
to employ medical or surgical treatmentreceive rabies 1923
post-exposure prophylaxis, may present, within four months after 1924
the bite or injury and at a regular meeting of the board of 1925
county commissioners of the county where the bite or injury was 1926
received, an itemized account of the expenses incurred and amount 1927
paid by the person for medical and surgical treatmentrabies 1928
post-exposure prophylaxis, verified by the person's own affidavit 1929
and that of the person's attending physician. The administrator1930
or executor of the estate of a deceased person may present such 1931
an account, execute such an affidavit on behalf of the deceased1932
person, and present that affidavit and the attending physician's 1933
affidavit to the board within that four-month period. If the 1934
person so bitten or injured is a minor, the person's parent or 1935
guardian may present such an account, execute such an affidavit1936
on behalf of the person, and present that affidavit and the 1937
attending physician's affidavit to the board within that 1938
four-month period. The person, the administrator or executor, or 1939
the parent or guardian, as applicable, shall present, with the 1940
account and affidavits, documentation establishing that the 1941
person, the person's estate, or the parent or guardian, as 1942
applicable, is unable, without deprivation of basic needs, to1943
further provide for the payment of the expenses incurred for the 1944
medical or surgical treatmentrabies post-exposure prophylaxis.1945

       Sec. 955.41.        Sec. 955.43.  The board of county commissioners, not 1946
later than the third regular meeting after it is presented with 1947
the account provided for by section 955.42 of the Revised Code, 1948
shall examine the account and, if it is found in whole or part 1949
correct and just, may order a payment in whole or in part to 1950
either the patient, the representative of the patient referred to1951
in that section, or the physician who rendered the patient's 1952
medical or surgical treatment, in accordance with their respective 1953
claims, provided that a payment is made only for an account with 1954
respect to which the board determines the patient, the patient's 1955
estate, or the patient's parent or guardian, as applicable, is1956
unable, without deprivation of basic needs, to further provide for 1957
the payment of the expenses incurred for the medical or surgical 1958
treatment. A person shall not receive for one bite or injury a sum1959
exceeding one thousand five hundred dollars.1960

       Sec. 955.43.        Sec. 955.45.  (A) When either a blind, deaf or hearing 1961
impaired, or mobility impaired person or a trainer of an 1962
assistance dog is accompanied by an assistance dog, the person or 1963
the trainer, as applicable, is entitled to the full and equal 1964
accommodations, advantages, facilities, and privileges of all 1965
public conveyances, hotels, lodging places, all places of public 1966
accommodation, amusement, or resort, all institutions of1967
education, and other places to which the general public is1968
invited, and may take the dog into such conveyances and places,1969
subject only to the conditions and limitations applicable to all1970
persons not so accompanied, except that:1971

       (1) The dog shall not occupy a seat in any public conveyance.1972

       (2) The dog shall be upon a leash while using the facilities1973
of a common carrier.1974

       (3) Any dog in training to become an assistance dog shall be 1975
covered by a liability insurance policy provided by the nonprofit 1976
special agency engaged in such work protecting members of the 1977
public against personal injury or property damage caused by the 1978
dog.1979

       (B) No person shall deprive a blind, deaf or hearing 1980
impaired, or mobility impaired person or a trainer of an 1981
assistance dog who is accompanied by an assistance dog of any of 1982
the advantages, facilities, or privileges provided in division (A) 1983
of this section, nor charge the person or trainer a fee or charge 1984
for the dog.1985

       (C) As used in this section, "institutions of education"1986
means:1987

       (1) Any state university or college as defined in section1988
3345.32 of the Revised Code;1989

       (2) Any private college or university that holds a1990
certificate of authorization issued by the Ohio board of regents1991
pursuant to Chapter 1713. of the Revised Code;1992

       (3) Any elementary or secondary school operated by a board of 1993
education;1994

       (4) Any chartered or nonchartered nonpublic elementary or1995
secondary school;1996

       (5) Any school issued a certificate of registration by the1997
state board of career colleges and schools.1998

       Sec. 955.44.        Sec. 955.46.  All fines collected for violations of 1999
sections 955.11, 955.21, 955.22, 955.23, 955.25, and 955.2612000
955.41 of the Revised Code shall be deposited in the county 2001
treasury to the credit of the dog and kennel fund.2002

       Sec. 955.50.  (A) No person shall sell, offer to sell, or 2003
expose for sale, for the purpose of resale or receive for delivery 2004
within this state, or ship from any point within this state to any 2005
point outside this state, for sale to the general public at 2006
retail, any dog under the age of eight weeks or that is not 2007
registered with a county auditor under section 955.01 of the 2008
Revised Code.2009

       (B) No person shall receive from outside this state, or ship 2010
from any point within this state to any point outside this state, 2011
for sale to the general public at retail, any dog that is not 2012
accompanied by a certificate, issued by a licensed veterinarian 2013
who is accredited by the United States department of agriculture 2014
and authorized to issue health certificates for animals in2015
interstate commerce, certifying that the dog is sufficiently sound 2016
and healthy to be reasonably expected to withstand the intended 2017
transportation without adverse effect.2018

       (C) This section does not apply to the transportation of dogs 2019
in interstate commerce by common carrier, provided that neither 2020
the point of shipment nor the point of receiving is within this 2021
state.2022

       (D) No person responsible for the transportation of a 2023
pregnant dog to any point within this state or from any point 2024
within this state to any point outside this state shall be liable 2025
in damages for any injury to or illness of, or the death of, the 2026
dog or any puppies, whenevrwhenever the injury, illness, or death 2027
results from the birth of suchthe puppies during the time the dog 2028
is being transported.2029

       Sec. 955.51.  (A) As used in sections 955.51 to 955.53 of the 2030
Revised Code:2031

       (1) "Animal" means a horse, mule, camelid, sheep, head of 2032
cattle, swine, goat, domestic rabbit, or domestic fowl or poultry.2033

       (2) "Fair market value" means the average price that is paid 2034
for a healthy grade animal at a livestock auction selected by the 2035
director of agriculture and licensed under Chapter 943. of the 2036
Revised Code.2037

       (3) "Grade animal" means an animal that is not eligible for 2038
registration by a breed association or in a registry.2039

       (4) "Predator" means a coyote or a black vulture.2040

       (B) An owner of an animal that has been injured or killed by 2041
a predator and that the owner believes has a fair market value of 2042
more than twenty-five dollars shall do both of the following 2043
within seventy-two hours after the loss or injury has been 2044
discovered:2045

       (1) Notify the dog wardenchief animal control officer by 2046
telephone;2047

       (2) Document by photograph the wounds sustained by the 2048
animal.2049

       If the owner chooses to file a claim under sections 955.51 to 2050
955.53 of the Revised Code, the owner shall complete a claim form 2051
for indemnification in quadruplicate as prescribed by the director 2052
in section 955.53 of the Revised Code and provided by the dog 2053
wardenchief animal control officer. The owner may request, and 2054
the dog wardenchief animal control officer shall provide, 2055
assistance in filling out the form. For the purposes of section 2056
955.52 of the Revised Code, the owner shall send to the department 2057
of agriculture, within thirty days after discovery of the animal, 2058
the original copy of the claim form, all photographs documenting 2059
the wounds of the animal, and any other pertinent facts in the 2060
possession of the owner.2061

       If the animal that is killed or injured is registered by an 2062
accepted association or in an accepted registry, the owner shall 2063
submit with the claim form that is filed with the department the 2064
registration papers showing the animal's lines of breeding, age, 2065
and other relevant information. If the animal is the offspring of 2066
registered stock and is eligible for registration, the 2067
registration papers showing the lines of breeding of the offspring 2068
shall be submitted as well.2069

       The owner shall retain a copy of the claim form and provide a 2070
copy of the form to both the dog wardenchief animal control 2071
officer and the wildlife officer who investigates the claim, if 2072
applicable.2073

       (C) Following notification from the owner of an animal under 2074
division (B) of this section, the dog wardenchief animal control 2075
officer promptly shall investigate the loss or injury and shall 2076
determine whether or not the loss or injury was made by a 2077
predator. If the dog wardenchief animal control officer2078
determines that the loss or injury was not made by a predator, the 2079
owner has no claim under sections 955.51 to 955.53 of the Revised 2080
Code. If the dog wardenchief animal control officer determines 2081
that the loss or injury was made by a predator, the dog warden2082
chief animal control officer promptly shall notify by telephone 2083
the wildlife officer of that determination. For the purposes of 2084
section 955.52 of the Revised Code, the dog wardenchief animal 2085
control officer shall send to the department the dog warden's2086
officer's determination of whether the animal was killed or 2087
injured by a predator and any other documents, testimony, or 2088
information that the dog wardenofficer has received relating to 2089
the loss or injury of the animal.2090

       (D) Following notification from the dog wardenchief animal 2091
control officer under division (C) of this section, the wildlife 2092
officer shall confirm the determination of the dog wardenchief 2093
animal control officer on the claim, disaffirm it, or state that 2094
the wildlife officer is uncertain about the determination. If the 2095
wildlife officer disaffirms the determination of the dog warden2096
chief animal control officer, the owner has no claim under 2097
sections 955.51 to 955.53 of the Revised Code. If the wildlife 2098
officer affirms the determination of the dog wardenchief animal 2099
control officer or states that the wildlife officer is uncertain 2100
about that determination, the wildlife officer shall so notify in 2101
writing the department for the purposes of section 955.52 of the 2102
Revised Code.2103

       Sec. 955.52.  (A)(1) The department of agriculture shall hear2104
claims that are approved by the dog wardenchief animal control 2105
officer and supported by the wildlife officer pursuant to section 2106
955.51 of the Revised Code in the order of their filing and may 2107
allow the claims in full or in part, or may disallow any claim, as 2108
the testimony and information submitted under that section show to 2109
be just. The department shall make the final determination of the 2110
fair market value of any animal that is the subject of a claim.2111

       If the animal that is the subject of a claim dies as a result 2112
of the injuries that it received from a predator, the amount of 2113
indemnity is the fair market value of the animal on the date of 2114
its death. If the animal that is the subject of a claim does not 2115
die as a result of the injuries that it received from a predator, 2116
the amount of indemnity is the fair market value of the animal on 2117
the date that it received its injuries. If the animal that is the 2118
subject of a claim is registered or eligible for registration as 2119
described in division (B) of section 955.51 of the Revised Code, 2120
the amount of indemnity is one hundred twenty-five per cent of the 2121
fair market value of the animal on the date that the animal was 2122
killed or injured. If the date of death or injury of an animal 2123
cannot be determined, the amount of indemnity shall be based on 2124
the fair market value of the animal on the date that the animal 2125
was discovered by its owner.2126

       (2) If the owner of an animal does not agree with the 2127
department's determination of the animal's fair market value, the 2128
owner may appeal the determination in accordance with Chapter 119. 2129
of the Revised Code.2130

       (3) The department shall certify any claim or part of a claim 2131
that has been found to be valid under division (A)(1) of this 2132
section. Claims certified in accordance with this section shall be 2133
paid out of money that has been appropriated from the general 2134
revenue fund for the purposes of sections 955.51 to 955.53 of the 2135
Revised Code, except that no claim shall be paid from that money 2136
if either of the following applies:2137

       (a) A claim for the same loss or injury has been paid or is 2138
payable under a policy or policies of insurance. However, a claim 2139
may be paid for the amount of any deductible paid or payable by 2140
the claimant under such insurance.2141

       (b) The owner of an animal who otherwise would receive 2142
indemnity under a claim has been paid more than five hundred 2143
dollars within the immediately preceding calendar year from money 2144
so appropriated. However, that owner may be paid if the owner has 2145
implemented a voluntary animal damage control plan that meets the 2146
requirements established in rules adopted under division (D) of 2147
this section.2148

       (B) If at any time the money that has been appropriated from 2149
the general revenue fund for the purposes of sections 955.51 to 2150
955.53 of the Revised Code for a fiscal year is not sufficient to 2151
pay certified claims, the department shall disapprove those 2152
claims. Any claim that has been disapproved due to lack of money 2153
shall not be resubmitted.2154

       (C) The department either may assist owners in developing and 2155
implementing a voluntary animal damage control plan to prevent and 2156
minimize loss or injury to animals by predators or may enter into 2157
an agreement with another state agency, a federal agency, or a 2158
person to provide such assistance. The department may use no more 2159
than fifty per cent or twenty-five thousand dollars, whichever is 2160
less, of the money that is appropriated for the purposes of 2161
sections 955.51 to 955.53 of the Revised Code to pay the costs 2162
incurred by the department for either providing assistance under 2163
this division or entering into an agreement under this division to 2164
provide that assistance.2165

       (D) The director of agriculture shall adopt rules in 2166
accordance with Chapter 119. of the Revised Code that are 2167
necessary to administer sections 955.51 to 955.53 of the Revised 2168
Code, including rules that establish requirements governing 2169
voluntary animal damage control plans.2170

       Sec. 955.53.  All claims against the money appropriated from 2171
the general revenue fund for the purposes of sections 955.51 to 2172
955.53 of the Revised Code and all accompanying statements and2173
testimony shall be upon claim forms prepared by the director of 2174
agriculture and furnished by the dog wardenchief animal control 2175
officer. The forms shall not require an affidavit, but shall 2176
contain lines for the signatures of the claimant and witnesses 2177
and, immediately above those lines, the sentence, "This statement 2178
is made subject to the criminal penalties for falsification 2179
provided for in section 2921.13 of the Revised Code."2180

       Sec. 955.99.  (A)(1) Whoever violates division (E) of section 2181
955.11 of the Revised Code because of a failure to comply with 2182
division (B) of that section is guilty of a minor misdemeanor, and 2183
the court shall impose on the offender a fine of at least 2184
twenty-five dollars. The court shall not suspend the imposition of 2185
that fine.2186

       (2) Whoever violates division (E) of section 955.11 of the2187
Revised Code because of a failure to comply with division (C) or2188
(D) of that section is guilty of a minor misdemeanor on a first2189
offense and of a misdemeanor of the fourth degree on each2190
subsequent offense.2191

       (B) Whoever violates section 955.10, 955.161, or 955.23, 2192
955.24, or 955.25 of the Revised Code is guilty of a minor 2193
misdemeanor, and the court shall impose on the offender a fine of 2194
at least twenty-five dollars. The court shall not suspend the 2195
imposition of that fine.2196

       (C) Whoever violates section 955.24 or 955.25 of the Revised 2197
Code is guilty of a misdemeanor of the fourth degree, and the 2198
court shall impose on the offender a fine of at least twenty-five 2199
dollars. The court shall not suspend the imposition of that fine.2200

       (D) Whoever violates section 955.261, 955.39955.40, 955.41, 2201
or 955.50 of the Revised Code is guilty of a minor misdemeanor of 2202
the fourth degree on a first offense and, and the court shall 2203
impose on the offender a fine of at least seventy-five dollars. 2204
Whoever subsequently violates any of those sections is guilty of a 2205
misdemeanor of the fourththird degree on each subsequent offense, 2206
and the court shall impose on the offender a fine of at least one 2207
hundred fifty dollars. The court shall not suspend the imposition 2208
of any fine established under this division.2209

       (D)(E) Whoever violates division (F) of section 955.16 or2210
division (B) of section 955.43955.45 of the Revised Code is 2211
guilty of a misdemeanor of the fourth degree.2212

       (E)(F)(1) Whoever violates division (D) of section 955.04, 2213
section 955.21, or division (B) or (C) of section 955.22 of the 2214
Revised Code shall be fined not less than twenty-five dollars or 2215
more than one hundred dollars on a first offense, and on each 2216
subsequent offense shall be fined not less than seventy-five 2217
dollars or more than two hundred fifty dollars and may be 2218
imprisoned for not more than thirty days. The court shall not 2219
suspend the imposition of any fine established under division 2220
(F)(1) of this section.2221

       (2) In addition to the penalties prescribed in division2222
(E)(F)(1) of this section, if the offender is guilty of a 2223
violation of division (B) or (C) of section 955.22 of the Revised 2224
Code, the court may order the offender to personally supervise the 2225
dog that the offender owns, keeps, or harbors, to cause that dog 2226
to complete dog obedience training, or to do both.2227

       (F)(G) If a violation of division (D) of section 955.22 of2228
the Revised Code involves a dangerous dog, whoever violates that2229
division is guilty of a misdemeanor of the fourth degree on a2230
first offense and of a misdemeanor of the third degree on each2231
subsequent offense. Additionally, the court may order the offender 2232
to personally supervise the dangerous dog that the offender owns, 2233
keeps, or harbors, to cause that dog to complete dog obedience 2234
training, or to do both, and the court may order the offender to2235
obtain liability insurance pursuant to division (E) of section2236
955.22 of the Revised Code. The court, in the alternative, may2237
order the dangerous dog to be humanely destroyed by a licensed2238
veterinarian, the county dog wardenchief animal control officer, 2239
or the county humane society.2240

       (G)(H) If a violation of division (D) of section 955.22 of2241
the Revised Code involves a vicious dog, whoever violates that2242
division is guilty of one of the following:2243

       (1) A felony of the fourth degree on a first or subsequent2244
offense if the dog kills or seriously injures a person.2245
Additionally, the court shall order that the vicious dog be2246
humanely destroyed by a licensed veterinarian, the county dog2247
wardenchief animal control officer, or the county humane 2248
society.2249

       (2) A misdemeanor of the first degree on a first offense and 2250
a felony of the fourth degree on each subsequent offense.2251
Additionally, the court may order the vicious dog to be humanely2252
destroyed by a licensed veterinarian, the county dog wardenchief 2253
animal control officer, or the county humane society.2254

       (3) A misdemeanor of the first degree if the dog causes2255
injury, other than killing or serious injury, to any person.2256

       (H)(I) Whoever violates division (A)(2) of section 955.01 or2257
division (E) of section 955.22 of the Revised Code is guilty of a2258
misdemeanor of the first degree.2259

       (I)(J) Whoever violates division (C) of section 955.221 of2260
the Revised Code is guilty of a minor misdemeanor. Each day of2261
continued violation constitutes a separate offense. Fines levied 2262
and collected for violations of that division shall be distributed 2263
by the mayor or clerk of the municipal or county court in 2264
accordance with section 733.40, division (F) of section 1901.31, 2265
or division (C) of section 1907.20 of the Revised Code to the 2266
treasury of the county, township, or municipal corporation whose 2267
resolution or ordinance was violated.2268

       (J)(K) Whoever violates division (F)(1), (2), or (3) of2269
section 955.22 of the Revised Code is guilty of a felony of the 2270
fourth degree. Additionally, the court shall order that the 2271
vicious dog be humanely destroyed by a licensed veterinarian, the 2272
county dog wardenchief animal control officer, or the county 2273
humane society.2274

       Sec. 957.01.  (A) Except as otherwise provided in this 2275
section, a cat that has been surrendered to an animal shelter 2276
becomes the property of the shelter. The animal shelter may 2277
immediately determine the disposition of the cat.2278

       (B) If a cat that has been surrendered to an animal shelter 2279
has a form of identification specified in division (D) of this 2280
section, the animal shelter shall do both of the following:2281

       (1) Keep, house, and feed the cat for three business days;2282

       (2) Make a reasonable attempt to contact the owner of the 2283
cat.2284

       If a cat is not redeemed after three business days, the 2285
animal shelter shall be deemed the owner of the cat.2286

       (C) If a cat that has been surrendered to an animal shelter 2287
has an obvious disease or injury, the cat may be humanely 2288
destroyed immediately. If the diseased or injured cat has a form 2289
of identification specified in division (D) of this section, the 2290
necessity of humanely destroying the cat shall be certified by a 2291
veterinarian or a registered veterinary technician, as defined in 2292
section 4741.01 of the Revised Code, who is in consultation with 2293
a veterinarian or is working under standing orders of a 2294
veterinarian. If the cat does not have a form of identification 2295
specified in division (D) of this section, the decision to 2296
humanely destroy it shall be made by the animal shelter staff.2297

       (D) For the purpose of identification of cats under this 2298
section, a cat shall have one of the following forms of 2299
identification attached to or inserted into it:2300

       (1) A tag that is attached to a collar that is worn by the 2301
cat. The tag shall indicate the owner's name and current address 2302
and telephone number.2303

       (2) A current rabies vaccination tag that is provided in 2304
accordance with section 957.02 of the Revised Code and attached to 2305
a collar that is worn by the cat;2306

       (3) A collar that is worn by the cat and that has the owner's 2307
name and current address and telephone number embroidered on it;2308

       (4) A registered microchip that is subcutaneously inserted 2309
into the cat and that contains an identification number that can 2310
be traced to the owner's name and current address and telephone 2311
number.2312

       Additionally, if the cat is a feral cat, identification may 2313
be in the form of a tipped ear.2314

       (E) No person, other than a person appointed as a humane 2315
agent under section 1717.06 of the Revised Code, a veterinarian, 2316
or an employee of an animal shelter, shall remove a form of 2317
identification specified in division (D) of this section from a 2318
cat that is not owned by the person.2319

       (F) As used in this section, "animal shelter" does not 2320
include a facility that is operated by a chief animal control 2321
officer pursuant to Chapter 955. of the Revised Code.2322

       (G) As used in this section and sections 957.02 to 957.04 of 2323
the Revised Code:2324

       (1) "Feral cat" means a cat that does not have a form of 2325
identification specified in this section, whose usual and 2326
consistent temperament is extreme fear of and resistance to 2327
contact with people, and that is totally unsocialized to people.2328

       (2) "Veterinarian" means a person who is licensed under 2329
Chapter 4741. of the Revised Code to practice veterinary medicine 2330
in this state.2331

       Sec. 957.02. (A) Except as otherwise provided in this 2332
section, the owner, keeper, or harborer of a cat shall ensure that 2333
the cat is at all times properly vaccinated against rabies in 2334
compliance with the recommendations in the compendium of animal 2335
rabies prevention and control of the national association of state 2336
public health veterinarians.2337

       (B) Division (A) of this section does not apply to any of the 2338
following:2339

       (1) A cat whose well-being would be endangered by a 2340
vaccination against rabies as determined by a veterinarian. The 2341
veterinarian shall provide the determination in writing. The 2342
determination shall state why the vaccination would endanger the 2343
well-being of the cat and the length of time for which the 2344
vaccination would be a danger to the cat.2345

       (2) A cat that is confined to the premises of an organization 2346
or a nonprofit corporation organized under Chapter 1702. of the 2347
Revised Code or the laws of another state that is devoted to the 2348
care of, or providing hospital treatment for, lost or homeless 2349
animals;2350

       (3) A cat that is confined for purposes of research at a 2351
facility registered under the "Animal Welfare Act of 1966," 80 2352
Stat. 351, 7 U.S.C. 2136, as amended;2353

       (4) A cat that is confined to an animal shelter as defined in 2354
section 4729.01 of the Revised Code;2355

       (5) A feral cat.2356

       (C) The vaccination of a cat against rabies shall be 2357
administered by or under the supervision of a veterinarian. The 2358
veterinarian who administers or supervises the administration of a 2359
rabies vaccination shall do all of the following:2360

       (1) Complete and sign a vaccination certificate;2361

       (2) Provide a rabies vaccination tag and the vaccination 2362
certificate to the owner, keeper, or harborer of the cat;2363

       (3) Retain a copy of the vaccination certificate during the 2364
period of time that the cat remains vaccinated against rabies. 2365
Upon request, the veterinarian shall provide a copy of the 2366
certificate to the board of health of the health district in which 2367
the cat resides.2368

       For the purpose of compliance with the requirement that the 2369
vaccination of a cat against rabies be administered by or under 2370
the supervision of a veterinarian, "veterinarian" includes a 2371
veterinarian that is licensed in another state and that uses 2372
vaccines against rabies that are licensed by the United States 2373
department of agriculture. The owner, keeper, or harborer of a cat 2374
that is vaccinated against rabies in another state and that is 2375
moved into this state shall provide proof of vaccination against 2376
rabies for the cat to the board of health of the health district 2377
in which the cat resides.2378

       (D) A veterinarian shall use vaccines against rabies that are 2379
licensed by the United States department of agriculture. The 2380
veterinarian shall follow the label or package insert instructions 2381
regarding dosage and method of administration of a vaccine. A 2382
vaccination administered in accordance with this division 2383
constitutes compliance with this division in any county of the 2384
state.2385

       (E) A board of health shall assess a civil penalty of fifty 2386
dollars for a violation of division (A) of this section.2387

       (F) Nothing in this section limits the authority of the 2388
legislative authority of a municipal corporation to adopt and 2389
enforce ordinances, or a board of health to adopt and enforce 2390
rules or to issue and enforce orders, for the prevention or 2391
control of rabies, including ordinances, rules, or orders 2392
requiring the issuance of rabies vaccination tags and certificates 2393
supplied to veterinarians and the establishment and collection of 2394
fees for supplying the vaccination tags and certificates within 2395
the municipal corporation or health district, as applicable. Any 2396
fees established by the legislative authority or board under this 2397
section shall not exceed one dollar for a vaccination tag and the 2398
accompanying certificate. The fees shall be used by the municipal 2399
corporation or board of health to defray the costs of procuring 2400
and distributing rabies vaccination tags and certificates and for 2401
promoting vaccinations of cats.2402

       (G) All money collected by a board of health from civil 2403
penalties assessed under division (E) of this section and money 2404
from all fines imposed for a violation of an ordinance of a 2405
municipal corporation or rule or order of a board of health 2406
authorized under this section shall be credited to the general 2407
fund of the municipal corporation or the district health fund 2408
created under section 3709.28 of the Revised Code, as applicable.2409

       (H) As used in this section and sections 957.03 and 957.04 of 2410
the Revised Code:2411

       (1) "Board of health" means the board of health of a city or 2412
general health district created by or under the authority of 2413
Chapter 3709. of the Revised Code or the authority having the 2414
duties of a board of health in any city as authorized by section 2415
3709.05 of the Revised Code.2416

       (2) "Chief animal control officer" means the chief animal 2417
control officer of a county who is appointed or employed under 2418
section 955.12 of the Revised Code.2419

       Sec. 957.03. (A) Whenever, in the judgment of the director of2420
health, a board of health, or persons performing the duties of a 2421
board of health, rabies is prevalent enough to pose a health 2422
hazard to the general public, the director of health, the board, 2423
or those persons shall declare a quarantine of all cats in the 2424
health district or in a part of it. During the quarantine, the 2425
owner, keeper, or harborer of a cat shall keep it confined on the 2426
premises of the owner, keeper, or harborer, or in a suitable 2427
holding place, at the expense of the owner, keeper, or harborer, 2428
except that a cat may be permitted to leave the premises of its 2429
owner, keeper, or harborer if it is in a container or under the 2430
control of a responsible person. The quarantine order shall be 2431
considered an emergency and need not be published.2432

       (B) When a quarantine of cats has been declared in a health2433
district or part of a health district, all persons having the 2434
authority of police officers shall assist the health authorities 2435
in enforcing the quarantine order.2436

       (C) If a quarantine has been declared under this chapter, the 2437
director of health, a board of health, or persons performing the 2438
duties of a board of health may order the humane destruction of a 2439
cat that has been declared a nuisance and for which proof of the 2440
cat's having been vaccinated in accordance with section 957.02 of 2441
the Revised Code cannot be demonstrated.2442

       (D) No person shall violate a rabies quarantine order issued 2443
under this section.2444

       (E) As used in this section, "nuisance" means a cat that is 2445
running at large and that is not under the direct supervision of 2446
its owner, keeper, or harborer and in doing so is a health hazard 2447
to the general public during a period in which the director of 2448
health, a board of health, or persons performing the duties of a 2449
board of health determine that rabies is prevalent.2450

       Sec. 957.04. (A)(1) If a medical care provider treats a 2451
person who was bitten by a cat, the medical care provider, within 2452
twenty-four hours after treating the person, shall report the 2453
incident to the health commissioner appointed by the board of 2454
health of the health district in which the bite occurred.2455

       (2) If a health commissioner receives a report under division 2456
(A)(1) of this section, the health commissioner shall declare a 2457
quarantine in accordance with rules adopted under this section. 2458
The owner, keeper, or harborer of the cat, if known, shall pay 2459
all of the expenses of the quarantine.2460

       (B)(1) A veterinarian or other person who examines, treats, 2461
owns, harbors, or otherwise cares for a cat that exhibits symptoms 2462
or behavior suggestive of rabies may report that the cat exhibits 2463
symptoms or behavior suggestive of rabies to the health 2464
commissioner of the health district in which the cat is examined, 2465
treated, owned, harbored, or otherwise cared for.2466

       (2) If a health commissioner receives a report under division 2467
(B)(1) of this section, the health commissioner shall investigate 2468
the report and, if the cat that is the subject of the report does 2469
exhibit symptoms or behavior suggestive of rabies, declare a 2470
quarantine or test the cat in accordance with rules adopted under 2471
this section. The owner, keeper, or harborer of the cat, if 2472
known, shall pay all of the expenses of a quarantine.2473

       (C)(1) No person shall remove a cat from the health district 2474
in which the cat has been quarantined in accordance with division 2475
(A)(2) or (B)(2) of this section without the approval of the 2476
health commissioner of the health district in which the quarantine 2477
has been declared. No person shall transfer ownership of a cat 2478
that has been quarantined until a quarantine period as specified 2479
in rules adopted under this section has been completed.2480

       (2)(a) Subject to division (C)(2)(b) of this section, no2481
person shall kill a cat that has been quarantined in accordance 2482
with division (A)(2) or (B)(2) of this section without the 2483
approval of the health commissioner of the health district in 2484
which the quarantine has been declared.2485

       (b) Division (C)(2)(a) of this section does not apply to2486
either of the following:2487

       (i) The killing of a cat in order to prevent further injury 2488
or death or if the cat is diseased or seriously injured;2489

       (ii) The killing of a cat by a veterinarian or a euthanasia 2490
technician certified by the veterinary medical licensing board in 2491
accordance with rules adopted under section 4741.03 of the Revised 2492
Code who is aware that the cat is under quarantine.2493

       (3) No person who has killed a cat and who is authorized to 2494
do so under division (C)(2)(b) of this section shall fail to do 2495
both of the following:2496

       (a) Immediately after the killing of the cat, notify the2497
board of health of the health district in which the killing 2498
occurred of the facts relative to the killing and the reasons for 2499
the killing;2500

       (b) Hold the body of the cat until that board of health2501
claims it to perform tests for rabies or releases the body for 2502
disposal.2503

       (D) Upon the receipt of a notification pursuant to division2504
(C)(3) of this section that a cat has been killed, the board of 2505
health of the health district in which the killing occurred shall 2506
claim the body of the cat from its killer and perform tests on 2507
the body for rabies in accordance with rules adopted under this 2508
section.2509

       (E) The public health council shall adopt rules in accordance 2510
with Chapter 119. of the Revised Code establishing requirements 2511
and procedures for rabies quarantines and rabies testing of cats 2512
as required under this section. The rules shall be in compliance 2513
with the human rabies prevention recommendations of the advisory 2514
committee on immunization practices for the centers for disease 2515
control and prevention in the United States department of health 2516
and human services and the compendium of animal rabies prevention 2517
and control of the national association of state public health 2518
veterinarians.2519

       Sec. 957.05.  A board of county commissioners may enter into 2520
an agreement with a board of township trustees or the legislative 2521
authority of a municipal corporation, as authorized by section 2522
307.15 of the Revised Code, for the provision of animal control 2523
services to either of the parties to the agreement. An agreement 2524
that a board of county commissioners and a board of township 2525
trustees or the legislative authority of a municipal corporation 2526
has entered into for that purpose before the effective date of 2527
this section solely under the general authority of section 307.15 2528
of the Revised Code is consistent with the specific authority 2529
conferred by this section.2530

       Sec. 957.99.  Whoever violates section 957.03 or 957.04 of 2531
the Revised Code is guilty of a misdemeanor of the fourth degree 2532
on a first offense, and the court shall impose on the offender a 2533
fine of at least seventy-five dollars. Whoever subsequently 2534
violates either of those sections is guilty of a misdemeanor of 2535
the third degree on each subsequent offense, and the court shall 2536
impose on the offender a fine of at least one hundred fifty 2537
dollars. The court shall not suspend the imposition of any fine 2538
established under this division.2539

       Sec. 959.131. (A) As used in this section:2540

       (1) "Companion animal" means any animal that is kept inside a 2541
residential dwelling and any dog or cat regardless of where it is 2542
kept. "Companion animal" does not include livestock or any wild2543
animal.2544

       (2) "Cruelty," "torment," and "torture" have the same2545
meanings as in section 1717.01 of the Revised Code.2546

       (3) "Residential dwelling" means a structure or shelter or2547
the portion of a structure or shelter that is used by one or more2548
humans for the purpose of a habitation.2549