As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 568

Representative Yates 

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A BILL

To amend section 955.11 and to enact section 955.111

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of the Revised Code to prohibit the owning,

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keeping, or harboring of pit bull dogs beginning

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ninety days after the effective date of the act

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and to require specified officers to seize all pit

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bull dogs after that date.

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

Section 1. That section 955.11 be amended and section 955.111	7
of the Revised Code be enacted to read as follows:	8

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

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(1)(a) "Dangerous dog" means a dog that, without provocation,	10
and subject to division (A)(1)(b) of this section, has chased or	11
approached in either a menacing fashion or an apparent attitude of	12
attack, or has attempted to bite or otherwise endanger any person,	13
while that dog is off the premises of its owner, keeper, or	14
harborer and not under the reasonable control of its owner,	15
keeper, harborer, or some other responsible person, or not	16
physically restrained or confined in a locked pen whichthat has a	17
top, locked fenced yard, or other locked enclosure whichthat has	18
a top.	19

(b) "Dangerous dog" does not include a police dog that has	20
chased or approached in either a menacing fashion or an apparent	21
attitude of attack, or has attempted to bite or otherwise endanger	22
any person while the police dog is being used to assist one or	23
more law enforcement officers in the performance of their official	24
duties.	25

(2) "Menacing fashion" means that a dog would cause any	26
person being chased or approached to reasonably believe that the	27
dog will cause physical injury to that person.	28

(3) "Police dog" means a dog that has been trained, and may	29
be used, to assist one or more law enforcement officers in the	30
performance of their official duties.	31

(4)(a) "Vicious dog" means a dog that, without provocation	32
and subject to division (A)(4)(b) of this section, meets any	33
either of the following:	34

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

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(ii) Has caused injury, other than killing or serious injury,	36
to any person, or has killed another dog.	37

(iii) Belongs to a breed that is commonly known as a pit bull	38
dog. The ownership, keeping, or harboring of such a breed of dog	39
shall be prima-facie evidence of the ownership, keeping, or	40
harboring of a vicious dog.	41

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

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(i) A police dog that has killed or caused serious injury to	43
any person or that has caused injury, other than killing or	44
serious injury, to any person while the police dog is being used	45
to assist one or more law enforcement officers in the performance	46
of their official duties;	47

(ii) A dog that has killed or caused serious injury to any	48
person while a person was committing or attempting to commit a	49
trespass or other criminal offense on the property of the owner,	50
keeper, or harborer of the dog.	51

(5) "Without provocation" means that a dog was not teased,	52
tormented, or abused by a person, or that the dog was not coming	53
to the aid or the defense of a person who was not engaged in	54
illegal or criminal activity and who was not using the dog as a	55
means of carrying out such activity.	56

(B) Upon the transfer of ownership of any dog, the seller of	57
the dog shall give the buyer a transfer of ownership certificate	58
that shall be signed by the seller. The certificate shall contain	59
the registration number of the dog, the name of the seller, and a	60
brief description of the dog. Blank forms of the certificate may	61
be obtained from the county auditor. A transfer of ownership shall	62
be recorded by the auditor upon presentation of a transfer of	63
ownership certificate that is signed by the former owner of a dog	64
and that is accompanied by a fee of twenty-five cents.	65

(C) Prior to the transfer of ownership or possession of any	66
dog, upon the buyer's or other transferee's request, the seller or	67
other transferor of the dog shall give to the person a written	68
notice relative to the behavior and propensities of the dog.	69

(D) Within ten days after the transfer of ownership or	70
possession of any dog, if the seller or other transferor of the	71
dog has knowledge that the dog is a dangerous or vicious dog, he	72
the seller or other transferor shall give to the buyer or other	73
transferee, the board of health for the district in which the	74
buyer or other transferee resides, and the dog warden of the	75
county in which the buyer or other transferee resides, a completed	76
copy of a written form on which the seller shall furnish the	77
following information:	78

(1) The name and address of the buyer or other transferee of	79
the dog;	80

(2) The age, sex, color, breed, and current registration	81
number of the dog.	82

In addition, the seller shall answer the following questions,	83
which shall be specifically stated on the form as follows:	84

"Has the dog ever chased or attempted to attack or bite a	85
person? If yes, describe the incident(s) in which the behavior	86
occurred."	87

"Has the dog ever bitten a person? If yes, describe the	88
incident(s) in which the behavior occurred."	89

"Has the dog ever seriously injured or killed a person? If	90
yes, describe the incident(s) in which the behavior occurred."	91

The dog warden of the county in which the seller resides	92
shall furnish the form to the seller at no cost.	93

(E) No seller or other transferor of a dog shall fail to	94
comply with the applicable requirements of divisions (B) to (D) of	95
this section.	96

Sec. 955.111.  (A) Beginning ninety days after the effective	97
date of this section, no person shall own, keep, or harbor a dog	98
that belongs to a breed that is commonly known as a pit bull dog.	99

(B) Not later than ninety days after the effective date of	100
this section, a person who owns, keeps, or harbors a pit bull dog	101
on the effective date of this section shall surrender the dog to	102
the dog warden. Not later than ten days after receiving the dog,	103
the dog warden shall euthanize the dog.	104

(C)(1) Beginning ninety days after the effective date of this	105
section, if an officer has probable cause to believe that a dog is	106
a pit bull dog, the officer may apply to a court of competent	107
jurisdiction for a search warrant. The court shall issue a search	108
warrant for the purposes requested if there is probable cause to	109
believe that a dog is a pit bull dog.	110

(2) After obtaining a search warrant, an officer shall seize	111
the pit bull dog and surrender the dog to the dog warden. Not	112
later than ten days after receiving the dog, the dog warden shall	113
euthanize the dog.	114

(D) As used in this section, "officer" has the same meaning	115
as in section 959.132 of the Revised Code.	116

Section 2.  That existing section 955.11 of the Revised Code	117
is hereby repealed.	118