To amend sections 951.01, 951.10, 951.11, 951.12, 951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.26, 955.261, 955.27, 955.28, 955.29, 955.351, 955.41, 955.42, 955.44, 955.51, 955.99, 957.16, 959.131, 959.132, 959.99, 1717.02, 1717.05, 1717.06, 1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 4736.01; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 955.26 (955.40), 955.261 (955.41), 955.41 (955.43), 955.43 (955.45), 955.44 (955.46), and 957.16 (901.36); to enact new section 955.39 and sections 109.804, 951.20, 951.21, 951.22, 955.014, 955.13, 955.161, 955.391, 957.01, 957.02, 957.03, 957.04, 957.05, and 957.99; and to repeal sections 951.02, 955.202, 955.31, 955.33, 955.39, 955.40, 1717.03, and 1717.04 of the Revised Code to revise the statutes governing animal control, and to amend the version of section 4736.01 of the Revised Code that is scheduled to take effect July 1, 2009, to continue the provisions of this act on and after that effective date.

Section 1. That sections 951.01, 951.10, 951.11, 951.12, 951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.26, 955.261, 955.27, 955.28, 955.29, 955.351, 955.41, 955.42, 955.44, 955.51, 955.99, 957.16, 959.131, 959.132, 959.99, 1717.02, 1717.05, 1717.06, 1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 4736.01 be amended, sections 955.26 (955.40), 955.261 (955.41), 955.41 (955.43), 955.43 (955.45), 955.44 (955.46), and 957.16 (901.36) be amended for the purpose of adopting new section numbers as indicated in parentheses, and new section 955.39 and sections 109.804, 951.20, 951.21, 951.22, 955.014, 955.13, 955.161, 955.391, 957.01, 957.02, 957.03, 957.04, 957.05, and 957.99 of the Revised Code be enacted to read as follows:

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

(B) The commission shall ensure the availability of the training courses through the Ohio county dog wardens association. The association shall keep and maintain records of all dog wardens and deputy dog wardens appointed or employed under section 955.12 of the Revised Code who complete training courses provided by it. The association shall submit copies of the records to the commission after the completion of each training course. The commission shall keep and maintain the training records for all dog wardens and deputy dog wardens appointed or employed under section 955.12 of the Revised Code for the purpose of documenting and ensuring that the dog wardens and deputy dog wardens are in compliance with section 955.13 of the Revised Code.

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

(B) The director of agriculture may develop and conduct programs to control blackbirds which that cause economic losses on Ohio farms in this state, are detrimental to the public health and welfare, deface or defile public and private property, or create a public nuisance.

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

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

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

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

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

Sec. 951.10.  The owner or keeper of an agricultural animal described, as defined in section 951.01 or 951.02 903.01 of the Revised Code, who permits it to run at large in violation of either of such sections, section 951.01 of the Revised Code is liable for all damages caused by such the animal upon the premises of another without reference to the fence which that may enclose such premises.

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

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

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

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

(B) Reasonable of the animal compensation for the expenses actually incurred for keeping each such the animal.

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

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

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

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

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

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

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

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

(1) Complete and sign a vaccination certificate;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)(a) Subject to division (C)(2)(b) of this section, no person shall kill a ferret that has been quarantined in accordance with division (A)(2) or (B)(2) of this section without the approval of the health commissioner of the health district in which the quarantine has been declared.

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

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

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

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

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

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

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

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

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

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

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

(2) A board of county commissioners may establish a registration fee higher than the one provided for in division (A)(1) of this section for dogs more than nine six months of age that have not been spayed or neutered sterilized, except that the higher registration fee permitted by this division shall not apply if a person registering a dog furnishes with the application either a certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered sterilized because of its age or medical condition or because the dog is used or intended for use for show or breeding purposes or a certificate from the owner of the dog declaring that the owner holds a valid hunting license issued by the division of wildlife of the department of natural resources and that the dog is used or intended for use for hunting purposes. If the board establishes such a fee, the application for registration shall state whether the dog is spayed or neutered sterilized, and whether a licensed veterinarian has certified that the dog should not be spayed or neutered sterilized or the owner has stated that the dog is used or intended to be used for hunting purposes. The board may require a person who is registering a spayed or neutered sterilized dog to furnish with the application a certificate from a licensed veterinarian verifying that the dog is spayed or neutered sterilized. No person shall furnish a certificate under this division which that the person knows to be false.

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

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

(D) An animal shelter that keeps or harbors a dog more than three months of age or older is exempt from paying any fees imposed under division (A) or (B) of this section if it is a nonprofit organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 285 2085, 26 U.S.C. 1.

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

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

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

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

Sec. 955.011.  (A) When an application is made for registration of an assistance dog and the owner can show proof by certificate or other means that the dog is an assistance dog, the owner of the dog shall be exempt from any fee for the registration. Registration for an assistance dog shall be permanent and not subject to annual renewal so long as the dog is an assistance dog. Certificates and tags stamped "Ohio Assistance Dog-Permanent Registration," with registration number, shall be issued upon registration of such a dog. Any certificate and tag stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed prior to July 4, 1984, any certificate and tag stamped "Ohio Handicapped Assistance Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed on and after July 5, 1984, but prior to November 26, 2004, and any certificate and tag stamped "Ohio Service Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed on and after November 26, 2004, but prior to the effective date of this amendment June 30, 2006, shall remain in effect as valid proof of the registration of the dog on and after November 26, 2004. Duplicate certificates and tags for a dog registered in accordance with this section, upon proper proof of loss, shall be issued and no fee required. Each duplicate certificate and tag that is issued shall be stamped "Ohio Assistance Dog-Permanent Registration."

(B) As used in this section and in sections 955.16 and 955.43 955.45 of the Revised Code:

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

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

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

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

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

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

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

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

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

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

(B) As used in this section:

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

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

Sec. 955.04. (A) Every owner of a kennel of dogs shall, in like manner as provided in section 955.01 of the Revised Code, make application for the registration of such the kennel, and pay to the county auditor a registration fee of ten fifty dollars for each such kennel, unless a greater fee has been established under section 955.14 of the Revised Code. If such the application is not filed and the fee paid, on or before the thirty-first day of January of each year, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner of such the kennel. The payment of such kennel registration fee shall entitle the licensee to not more than five tags, to bear consecutive numbers and to be issued in like manner and have like effect when worn by any dog owned in good faith by such licensee as the tags provided for in section 955.08 of the Revised Code. Upon application to the county auditor, additional tags, in excess of the five tags, may be issued upon payment of an additional fee of one dollar per tag owner of a kennel of dogs shall register each dog that is three months of age or older in accordance with section 955.01 of the Revised Code.

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

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

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

Sec. 955.05. (A)(1) After the thirty-first day of January of any year, except as otherwise provided in division (A)(2) of this section or in section 955.012 or 955.16 of the Revised Code, every person, immediately upon becoming the owner, keeper, or harborer of any dog more than three months of age or older or brought from outside the state during any year, shall file like applications, with fees, as required by section 955.01 of the Revised Code, for registration for the current year. If such the application is not filed and the fee paid, within thirty days one business day after such the dog is acquired, becomes three months of age, or is brought from outside the state, the auditor shall assess a penalty in an amount equal to the registration fee upon such the owner, keeper, or harborer, which must shall be paid with the registration fee.

(2) The owner, keeper, or harborer of a dog who moves into this state from another state and who has registered the dog in the previous state of residence in accordance with laws of that state shall register the dog in accordance with section 955.01 of the Revised Code within thirty days after moving into this state. However, in lieu of paying the registration fee established in that section, the owner, keeper, or harborer shall pay the fee established under section 955.08 of the Revised Code for duplicate tags.

(B) Every person becoming the owner of a kennel of dogs after the thirty-first day of January of any year shall file like applications, with fees, as required by section 955.04 of the Revised Code, for the registration of such the kennel for the current calendar year. If such the application is not filed and the fee paid within thirty days after the person becomes the owner of such the kennel, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner of such the kennel.

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

Sec. 955.08.  In addition to the certificate of registration provided for by section 955.07 of the Revised Code, the county auditor shall issue to every person making application for the registration of a dog and paying the required fee therefor a metal tag for each dog so registered. The form, character, and lettering of the tag shall be prescribed by the county auditor. Each year the tag shall be a color distinctive from that of the previous year. If a tag is lost, a duplicate shall be furnished by the auditor upon proper proof of loss registration and the payment of twenty-five cents for each duplicate tag issued or payment of an alternate a fee for a duplicate tag, which the board of county commissioners may shall establish in an amount not to exceed one dollar and fifty cents fifteen per cent of the registration fee established in section 955.01 or 955.14 of the Revised Code, whichever is greater.

Sec. 955.10. (A) No owner of a dog, except a dog constantly confined to a registered kennel, shall fail to require the dog to wear, at all times while off the owner's premises, a valid tag issued in connection with a certificate of registration. A dog's failure at any time to wear a valid tag in accordance with this section shall be prima-facie evidence of lack of registration and shall subject any dog found not wearing such a tag to impounding, sale, or humane destruction in accordance with section 955.16 of the Revised Code.

(B) This section does not apply to any of the following:

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

(2) A dog that is registered under section 955.01 of the Revised Code and that participates in an event or show that is sanctioned by the American kennel club or another recognized dog organization. A dog that does not wear a tag pursuant to this division shall wear an alternative form of identification that is approved by a veterinarian.

(3) A dog that is registered under section 955.01 of the Revised Code and that is legally engaged in a hunting event, field event, or obedience test or similar event or test. A dog that does not wear a tag pursuant to this division shall wear an alternative form of identification that is approved by a veterinarian.

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Upon the transfer of ownership of any dog, the seller transferor of the dog shall give the buyer transferee a transfer of ownership certificate that shall be signed by the seller transferor. The Except as otherwise provided in this division, the certificate shall contain the registration number of the dog, the name of the seller transferor, and a brief description of the dog. A dog that is transferred to a county humane society organized under section 1717.05 of the Revised Code or an animal shelter operated by the county dog warden does not need a registration number. Blank forms of the certificate may be obtained from the county auditor or any animal shelter. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of twenty-five cents one dollar.

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

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

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

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

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

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

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

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

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

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

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

Sec. 955.12. (A) The board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.40, 955.41, and 955.50 of the Revised Code. The board may establish a title other than county dog warden for the person that is responsible for the enforcement of those sections, including chief animal control officer. Any reference in those sections to county dog warden or dog warden is deemed to include such a person.

The warden and deputies shall give bond in a sum not less than five hundred dollars and not more than two thousand dollars, as set by the board, conditioned for the faithful performance of their duties. The bond or bonds may, in the discretion of the board, be individual or blanket bonds. The bonds shall be filed with the county auditor of their respective counties.

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

If a dog warden (C) If a dog warden or deputy dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order.

(D) The warden and deputies shall also investigate all claims for damages to animals reported to them under section 955.29 of the Revised Code and assist claimants to fill out the claim form therefor. They shall make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and humanely destroyed and of all claims for damage to animals inflicted by dogs.

(E) The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27, 955.29 to 955.38, and 955.40, 955.41, and 955.50 of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses registrations as provided in sections 955.01 and 955.14 of the Revised Code.

(F)(1) Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a registered dog kennel or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or humanely destroyed according to law. If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.

(2) The dog warden shall give immediate notice by delivery confirmation mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered or from a microchip that has been inserted subcutaneously into the dog, that the dog has been impounded.

(a) In the case of a dog that is registered, the notice also shall state that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or humanely destroyed in accordance with section 955.16 of the Revised Code.

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

(3) If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the dog warden and the county auditor of the county where the dog is registered or from a microchip inserted subcutaneously into the dog, the warden shall post a notice in the animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or humanely destroyed in accordance with section 955.16 of the Revised Code.

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

(H) If a dog that has had a microchip subcutaneously inserted into it is sold or humanely destroyed in accordance with section 955.16 of the Revised Code, the dog warden, the deputy dog warden, or the employee of an animal shelter operated by the dog warden who attempted to determine whether the dog has a subcutaneous microchip prior to its sale or humane destruction is not liable in any civil action that arises under the laws of this state for the sale or humane destruction of the dog. However, the dog warden, the deputy dog warden, or the employee of an animal shelter operated by the dog warden may be liable if the warden, deputy, or employee violated this chapter when attempting to make the determination required by division (G) of this section.

This division does not eliminate, limit, or reduce any immunity from civil liability that is conferred on a dog warden, a deputy dog warden, or an employee of an animal shelter operated by the dog warden by any other provision of the Revised Code or by case law.

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

Sec. 955.13. (A)(1) Beginning twelve months after the effective date of this section, except as provided in division (A)(2) of this section, the board of county commissioners of each county shall require the dog warden and deputy dog wardens to complete the following training:

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

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

(2) Division (A)(1) of this section does not apply to dog wardens and deputy dog wardens who were appointed before the effective date of this section. In addition, the commission may grant an exemption from the training course requirements established in division (A)(1) of this section to a dog warden or deputy dog warden who is appointed on or after the effective date of this section if the dog warden or deputy dog warden has received training that is equivalent to the requirements established in that division.

(B) If a board of county commissioners provides reasonable cause as to why the dog warden or a deputy dog warden cannot complete the training required in division (A)(1) of this section, the commission may grant additional time for that dog warden or deputy dog warden to complete the training.

(C) Except a dog warden or deputy dog warden who has been granted additional time under division (B) of this section, a dog warden or deputy dog warden who fails to complete the training required in division (A)(1) of this section shall cease to serve as a dog warden or deputy dog warden, as applicable.

Sec. 955.14.  (A) Notwithstanding section 955.01 or 955.04 of the Revised Code, a board of county commissioners by resolution may increase dog and kennel registration fees in the county. The amount of the fees shall not exceed an amount that the board, in its discretion, estimates is needed to pay all expenses for the administration of this chapter and to pay claims allowed for animals injured or destroyed by dogs. Such a resolution shall be adopted not earlier than the first day of February and not later than the thirty-first day of August of any year and shall apply to the registration period commencing on the first day of December of the current year and ending on the thirty-first day of January of the following year, unless the period is extended under section 955.01 of the Revised Code. Any increase in fees adopted under this division shall be in the ratio increments of two dollars for a dog registration fee and ten dollars for a kennel registration fee.

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

(C) Notwithstanding section 955.20 of the Revised Code, if dog and kennel registration fees in any county are increased to or above two ten and ten fifty dollars, respectively, under authority of division (A) of this section, then on or before the first day of March following each year in which the increased fees are in effect, the county auditor shall draw on the dog and kennel fund a warrant payable to the college of veterinary medicine of the Ohio state university in an amount equal to ten twenty cents for each dog and kennel registration fee received during the preceding year. The money received by the college of veterinary medicine of the Ohio state university under this division shall be applied as follows:

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

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

(3) Two cents to be deposited to the credit of the dog warden training fund, which is hereby created in the state treasury, to support the training of county dog wardens and deputy dog wardens as required by section 955.13 of the Revised Code. The Ohio county dog wardens association shall be responsible for administering the fund. The fund shall be used to pay the expenses of the association in providing the training for dog wardens as required in that section. The auditor of state shall audit expenditures of money from the fund pursuant to section 117.10 of the Revised Code.

(D) The Ohio state university college of veterinary medicine shall be responsible to report annually to the general assembly and the Ohio county dog wardens association the progress of the research and study authorized and funded by division (C) of this section. The report shall briefly describe the research projects undertaken and assess the value of each. The report shall account for funds received pursuant to division (C) of this section and for the funds expended attributable to each research project and for other necessary expenses in conjunction with the research authorized by division (C) of this section. The report shall be filed with the general assembly and the Ohio county dog wardens association by the first day of May of each year.

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

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

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

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

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

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

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

Sec. 955.15.  The board of county commissioners shall provide nets and other suitable devices equipment for the taking of dogs in a humane manner, provide a suitable place for impounding dogs, make proper provision for feeding and caring for the same, and provide humane devices and methods for humanely destroying dogs. In any county in which there is a society for the prevention of cruelty to children and animals, having one or more agents and maintaining an animal shelter suitable for a dog pound and devices for humanely destroying dogs, the board need not furnish a dog pound an animal shelter, but the county dog warden shall deliver all dogs seized by him the warden and his the warden's deputies to such the society at its animal shelter, there to be dealt with in accordance with law. The board shall provide for the payment of reasonable compensation to such the society for its services so performed out of the dog and kennel fund. The board may designate and appoint any officers regularly employed by any society organized under sections 1717.02 to section 1717.05, inclusive, of the Revised Code, to act as county dog warden or deputies for the purpose of carrying out sections 955.01 to 955.27, inclusive, and 955.29 to 955.38, inclusive, 955.40, 955.41, and 955.50 of the Revised Code, if such the society whose agents are so employed owns or controls a suitable place for keeping and humanely destroying dogs.

Sec. 955.16.  (A) Dogs that have been seized by the county dog warden and impounded shall be kept, housed, and fed for three days for the purpose of redemption, as provided by section 955.18 of the Revised Code, unless any of the following applies:

(1) Immediate humane destruction of the dog is necessary because of obvious disease or injury. If the diseased or injured dog is registered, as determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the necessity of humanely destroying the dog shall be certified by a licensed veterinarian or a registered veterinary technician, as defined in section 4741.01 of the Revised Code, who is in consultation with a veterinarian or is working under standing orders of a veterinarian. If the dog is not registered, the decision to humanely destroy it shall be made by the warden.

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

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

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

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

(B) Any dog that is not redeemed within the applicable period as specified in this section or section 955.12 of the Revised Code from the time notice is mailed to its owner, keeper, or harborer or is posted at the pound or animal shelter, as required by section 955.12 of the Revised Code, and that is not required to be donated to a nonprofit special agency engaged in the training of any type of assistance dogs may, upon payment to the dog warden or poundkeeper of the sum of three dollars, be sold to any nonprofit Ohio institution or organization that is certified by the Ohio public health council as being engaged in teaching or research concerning the prevention and treatment of diseases of human beings or animals. Any dog that is donated to a nonprofit special agency engaged in the training of any type of assistance dogs in accordance with division (A) of this section and any dog that is sold to any nonprofit teaching or research institution or organization shall be discharged from the pound or animal shelter without registration and may be kept by the agency or by the institution or organization without registration so long as the dog is being trained, or is being used for teaching and research purposes.

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

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

(D) An owner of a dog that is wearing a valid registration tag who presents the dog to the dog warden or poundkeeper may specify in writing that the dog shall not be offered to a nonprofit teaching or research institution or organization, as provided in this section.

(E) A record of all dogs impounded, the disposition of the same, the owner's name and address, if known, and a statement of costs assessed against the dogs shall be kept by the poundkeeper dog warden, and the poundkeeper warden shall furnish a transcript thereof to the county treasurer quarterly.

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

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

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

Sec. 955.161. (A)(1) No person who finds a dog that is not owned by the person shall keep or harbor the dog without notifying the dog warden of the county in which the dog is found not later than two business days after finding the dog.

(2) Immediately after receiving notification under division (A)(1) of this section, the dog warden shall provide the person with the location in the county where the dog can be scanned for a microchip.

(3) Not later than two business days after notifying the dog warden, the person shall have the dog scanned for a microchip or take the dog to an animal shelter that is operated by the dog warden in order to surrender the dog.

(B) If the dog is not surrendered and the owner cannot be identified after fourteen days after finding the dog, the person who found it shall do one of the following:

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

(2) If an animal shelter operated by the dog warden has a program to foster the dog, apply to the animal shelter to foster the dog until the dog is adopted.

(C) Division (A) of section 955.16 of the Revised Code applies to dogs that have been surrendered to an animal shelter operated by the dog warden.

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

(B) A board of county commissioners may adopt a resolution authorizing the dog warden to assess a sale fee that is less than the fee established under division (A)(4) of this section for a nonprofit organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code.

(C) A board of county commissioners may adopt a resolution authorizing the county to perform or contract for the performance of a cost-analysis study to determine the costs to the county of providing the services required under sections 955.12, 955.15, and 955.16 of the Revised Code. The resolution shall define the scope of the study and shall itemize each cost to be analyzed. These costs shall include the direct costs to the county of performing the services required under sections 955.12, 955.15, and 955.16 of the Revised Code and, if the board so desires, may include any reasonable indirect costs determined by the board to be incurred by other county offices in helping the dog warden perform his the warden's duties under those sections.

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

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

(E)(F) The board may establish by resolution, without conducting a cost-analysis study, reasonable fees to cover costs of providing miscellaneous services performed by the dog warden that are not otherwise expressly provided for in this chapter. As used in this division, "miscellaneous services" include, but are not limited to, disposing of dog carcasses, releasing dogs that are accidentally caught or found to be in a state of distress, and preventing dogs from engaging in fights or other objectionable behavior.

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

Sec. 955.18.  Any dog that is seized and impounded under sections 955.12, 955.15, and 955.17 955.16 of the Revised Code may be redeemed by its owner, keeper, or harborer at any time prior to the expiration of the applicable redemption period as specified in sections 955.12 and 955.16 of the Revised Code, upon payment to the dog warden or poundkeeper of all costs assessed against the animal and upon providing the animal with a valid registration tag if it has none.

Sec. 955.19.  All funds received by the county dog warden or poundkeeper in connection with the administration of sections 955.01 to 955.18, inclusive, of the Revised Code, shall be deposited in the county treasury and placed to the credit of the dog and kennel fund.

Sec. 955.20.  The registration fees provided for in sections 955.01 to 955.14 of the Revised Code constitute a special fund known as "the dog and kennel fund." The fees shall be deposited by the county auditor in the county treasury daily as collected and shall be used for the purpose of defraying the cost of furnishing all blanks, records, tags, nets, and other equipment, for the purpose of paying the compensation of county dog wardens, deputies, poundkeepers, and other employees necessary to carry out and enforce sections 955.01 to 955.261 955.25, 955.40, 955.41, and 955.50 of the Revised Code, and for the payment of animal claims as provided in sections 955.29 to 955.38 of the Revised Code, and in accordance with section 955.27 of the Revised Code. The board of county commissioners, by resolution, shall appropriate sufficient funds out of the dog and kennel fund, not more than fifteen per cent of which shall be expended by the auditor for registration tags, blanks, records, and clerk hire, for the purpose of defraying the necessary expenses of registering, seizing, impounding, and humanely destroying dogs in accordance with sections 955.01 to 955.27 of the Revised Code, and for the purpose of covering any additional expenses incurred by the county auditor as authorized by division (F)(3) of section 955.14 of the Revised Code.

If the funds so appropriated in any calendar year are found by the board to be insufficient to defray the necessary cost and expense of the county dog warden in enforcing sections 955.01 to 955.27 of the Revised Code, the board, by resolution so provided, after setting aside a sum equal to the total amount of animal claims paid or filed in that calendar year, or an amount equal to the total amount of animal claims paid or allowed the preceding year, whichever amount is larger, may appropriate further funds for the use and purpose of the county dog warden in administering those sections.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) Advertise or otherwise provide notification of the availability of financial assistance from the pets program funding board Ohio pet fund for eligible organizations;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 955.21.  No owner, keeper, or harborer of a dog more than three months of age, nor owner of a dog kennel, or older shall fail to file the application for registration required by section 955.01 of the Revised Code, nor shall he any such owner, keeper, or harborer fail to pay the legal registration fee therefor established under that section.

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

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

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

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

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

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

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

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

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

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

(c) Muzzle that dog.

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

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

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

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

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

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

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

(2) The number of the license registration of the dog if the dog is licensed registered;

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

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

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

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

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

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

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

Sec. 955.27.  After paying all necessary expenses of administering the sections of the Revised Code relating to the registration, seizing, impounding, and destroying humane destruction of dogs, including the purchase, construction, and repair of vehicles and facilities necessary for the proper administration of such those sections, making compensation for injuries to livestock inflicted by dogs, and after paying all animal claims, the board of county commissioners, at the December session, if there remains more than two thousand dollars in the dog and kennel fund for that year in a county in which there is a society for the prevention of cruelty to children and animals, incorporated and organized by law, and having one or more agents appointed pursuant to law, or any other society organized under Chapter 1717. of the Revised Code, that owns or controls a suitable dog kennel or a place for the keeping and destroying humane destruction of dogs that has one or more agents appointed and employed pursuant to law, may pay to the treasurer of the society, upon warrant of the county auditor, all such excess as the board deems determines necessary for the uses and purposes of the society.

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

Sec. 955.28.  (A) Subject to divisions (A)(C)(2) and (3) of section 955.261 955.41 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury. If, in attempting to kill such a dog, a person wounds it, the person is not liable to prosecution under the penal laws that punish cruelty to animals. Nothing in this section precludes a law enforcement officer from killing a dog that attacks a police dog as defined in section 2921.321 of the Revised Code.

(B) The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. Additionally, the owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog if the injury, death, or loss was caused to the person or property of an individual who, at the time of the injury, death, or loss, was on the property of the owner, keeper, or harborer solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales or other solicitations established by the political subdivision in which the property of the owner, keeper, or harborer is located, provided that the person was not committing a criminal offense other than a minor misdemeanor or was not teasing, tormenting, or abusing the dog.

Sec. 955.29.  Any owner of an animal that the owner believes has a fair market value of ten dollars or more and that has been seriously injured or killed by a dog not belonging to the owner or harbored on the owner's premises, in order to be eligible to receive compensation from the dog and kennel fund, shall notify a member of the board of county commissioners or dog warden within three days after the loss or injury has been discovered. A commissioner who is notified shall immediately notify the dog warden of the loss or injury. The warden shall investigate or have the loss or injury investigated promptly, and the person making the investigation shall provide the owner with duplicate copies of the claim form authorized by section 955.36 of the Revised Code and assist the owner in filling it out.

The owner shall set forth the kind, grade, quality, and fair market value of the animal, as estimated by the owner, the nature and amount of the loss or injury, the place where the loss or injury occurred, and all other facts in the possession of the claimant that will enable the warden to fix responsibility for the loss or injury. The owner shall provide proof of any insurance coverage on the animal to the person making the investigation to ensure that any amount for the loss or injury covered by an insurance policy is considered when determining compensation from the dog and kennel fund. The owner shall also sign a statement that the information set forth is a true account of the loss or injury and that, on the date the loss or injury occurred, the claimant did not own or harbor an unregistered dog required to be registered under section 955.01 of the Revised Code. No claimant who owned or harbored an unregistered dog on that date may recover from the dog and kennel fund.

If the warden finds all the statements that the owner made on the form to be correct and agrees with the owner as to the fair market value of the animal, the warden shall promptly so certify and send both copies of the form, together with whatever other documents, testimony, or information the warden has received relating to the loss or injury, to the board of county commissioners.

If the warden does not find all the statements to be correct or does not agree with the owner as to the fair market value, the owner may appeal to the board of county commissioners for a determination as provided in section 955.35 of the Revised Code. In that case the owner shall secure statements as to the nature and amount of the loss or injury from at least two witnesses who viewed the results of the killing or injury and who can testify thereto and submit both copies of the form to the board of county commissioners or a member thereof not later than ten days after the warden finds that not all of the owner's statements are correct or disagrees with the owner's estimated fair market value, whichever is applicable. The warden shall submit to the board of county commissioners whatever documents, testimony, or other information the warden has received relating to the loss or injury.

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

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

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

Sec. 955.351.  Witnesses not exceeding four in number, who give testimony under section 955.35 of the Revised Code at a meeting of the board of county commissioners, shall be allowed six fifteen dollars each and mileage at the rate of ten cents per mile, going and returning, in each case. The board shall administer an oath or affirmation to each claimant or witness.

If the animal that has been killed or injured is in the care of an employee or tenant of the owner thereof, the affidavit provided for in section 955.29 of the Revised Code may be made by that employee or tenant, whose testimony may be received in regard to all relative matters to which the owner would be competent to testify.

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

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

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

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

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

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

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

(1) Complete and sign a vaccination certificate;

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

(3) Retain a copy of the vaccination certificate during the period of time that the dog remains vaccinated against rabies. Upon request, the veterinarian shall provide a copy of the certificate to the board of health of the health district in which the dog resides or the dog warden.

For the purpose of compliance with the requirement that the vaccination of a dog against rabies be administered by or under the supervision of a veterinarian, "veterinarian" includes a veterinarian that is licensed in another state and that uses vaccines against rabies that are licensed by the United States department of agriculture. The owner, keeper, or harborer of a dog that is vaccinated against rabies in another state and that is moved into this state shall provide proof of vaccination against rabies for the dog to the board of health of the health district in which the dog resides or the applicable dog warden upon request.

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

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

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

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

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

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

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

Sec. 955.391. (A) A board of health shall conduct rabies vaccination clinics for dogs for a nominal fee on at least a biannual basis. The board may cooperate with other entities or organizations in holding the clinics. Nothing in this section prohibits a board of health from conducting rabies vaccination clinics more often than biannually.

(B) In counties where vaccination against rabies is required for the registration of a dog under section 955.01 of the Revised Code, the owner, keeper, or harborer of a dog that is less than twelve months of age may have an additional one hundred eighty days from the date of registration to provide proof of a rabies vaccination.

(C) As used in this section, "board of health" means the board of health of a general health district created under the authority of Chapter 3709. of the Revised Code.

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

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

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

(B) When a quarantine of dogs has been declared in any health district or part of a health district, the county dog warden and all other persons having the authority of police officers shall assist the health authorities in enforcing the quarantine order. When rabies vaccination has been declared compulsory in any health district or part of a health district, the dog warden shall assist the health authorities in enforcing the vaccination order.

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

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

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

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

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

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

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

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

(C)(1) No person shall remove a dog that has bitten any person from the county health district in which the bite occurred until a quarantine period as specified in division (B) of this section has been completed the dog has been quarantined in accordance with division (A)(2) or (B)(2) of this section without the approval of the health commissioner of the health district in which the quarantine has been declared. No person shall transfer ownership of a dog that has bitten any person been quarantined until a quarantine period as specified in division (B) of rules adopted under this section has been completed, except that a person may transfer the dog to the county dog warden or to any other animal control authority.

(2)(a) Subject to division (A)(C)(2)(b) of this section, no person shall kill a dog that has bitten any person until a quarantine period as specified in been quarantined in accordance with division (A)(2) or (B)(2) of this section has been completed without the approval of the health commissioner of the health district in which the quarantine has been declared.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 955.42.  A person bitten or injured by an animal afflicted with rabies, if the bite or injury has caused the person to employ medical or surgical treatment receive rabies post-exposure prophylaxis, may present, within four months after the bite or injury and at a regular meeting of the board of county commissioners of the county where the bite or injury was received, an itemized account of the expenses incurred and amount paid by the person for medical and surgical treatment rabies post-exposure prophylaxis, verified by the person's own affidavit and that of the person's attending physician. The administrator or executor of the estate of a deceased person may present such an account, execute such an affidavit on behalf of the deceased person, and present that affidavit and the attending physician's affidavit to the board within that four-month period. If the person so bitten or injured is a minor, the person's parent or guardian may present such an account, execute such an affidavit on behalf of the person, and present that affidavit and the attending physician's affidavit to the board within that four-month period. The person, the administrator or executor, or the parent or guardian, as applicable, shall present, with the account and affidavits, documentation establishing that the person, the person's estate, or the parent or guardian, as applicable, is unable, without deprivation of basic needs, to further provide for the payment of the expenses incurred for the medical or surgical treatment rabies post-exposure prophylaxis.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 955.44 955.46.  All fines collected for violations of sections 955.11, 955.21, 955.22, 955.23, 955.25, and 955.261 955.41 of the Revised Code shall be deposited in the county treasury to the credit of the dog and kennel fund.

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

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

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

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

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

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

(1) Notify the dog warden by telephone;

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

If the owner chooses to file a claim under sections 955.51 to 955.53 of the Revised Code, the owner shall complete a claim form for indemnification in quadruplicate as prescribed by the director in section 955.53 of the Revised Code and provided by the dog warden. The owner may request, and the dog warden shall provide, assistance in filling out the form. For the purposes of section 955.52 of the Revised Code, the owner shall send to the department of agriculture, within thirty days after discovery of the animal, the original copy of the claim form, all photographs documenting the wounds of the animal, and any other pertinent facts in the possession of the owner.

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

The owner shall retain a copy of the claim form and provide a copy of the form to both the dog warden and the wildlife officer who investigates the claim, if applicable.

(C) Following notification from the owner of an animal under division (B) of this section, the dog warden promptly shall investigate the loss or injury and shall determine whether or not the loss or injury was made by a predator. If the dog warden determines that the loss or injury was not made by a predator, the owner has no claim under sections 955.51 to 955.53 of the Revised Code. If the dog warden determines that the loss or injury was made by a predator, the dog warden promptly shall notify by telephone the wildlife officer of that determination. For the purposes of section 955.52 of the Revised Code, the dog warden shall send to the department the dog warden's determination of whether the animal was killed or injured by a predator and any other documents, testimony, or information that the dog warden has received relating to the loss or injury of the animal.

(D) Following notification from the dog warden under division (C) of this section, the wildlife officer shall confirm the determination of the dog warden on the claim, disaffirm it, or state that the wildlife officer is uncertain about the determination. If the wildlife officer disaffirms the determination of the dog warden, the owner has no claim under sections 955.51 to 955.53 of the Revised Code. If the wildlife officer affirms the determination of the dog warden or states that the wildlife officer is uncertain about that determination, the wildlife officer shall so notify in writing the department for the purposes of section 955.52 of the Revised Code.

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

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

(B) Whoever violates section 955.10, division (A)(1) of section 955.161, or section 955.23, 955.24, or 955.25 of the Revised Code is guilty of a minor misdemeanor, and the court shall impose on the offender a fine of at least twenty-five dollars. The court shall not suspend the imposition of that fine.

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

(D) Whoever violates section 955.261, 955.39 955.40, 955.41, or 955.50 of the Revised Code is guilty of a minor misdemeanor of the fourth degree on a first offense and, and the court shall impose on the offender a fine of at least seventy-five dollars. Whoever subsequently violates any of those sections is guilty of a misdemeanor of the fourth third degree on each subsequent offense, and the court shall impose on the offender a fine of at least one hundred fifty dollars. The court shall not suspend the imposition of any fine established under this division.

(D)(E) Whoever violates division (F) of section 955.16 or division (B) of section 955.43 955.45 of the Revised Code is guilty of a misdemeanor of the fourth degree.

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

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

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

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

(1) A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society.

(2) A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F) As used in this section, "animal shelter" does not include a facility that is operated by a dog warden pursuant to Chapter 955. of the Revised Code.

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

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

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

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

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

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

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

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

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

(5) A feral cat.

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

(1) Complete and sign a vaccination certificate;

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

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

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

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

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

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

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

(H) As used in this section and sections 957.03 and 957.04 of the Revised Code, "board of health" means the board of health of a city or general health district created by or under the authority of Chapter 3709. of the Revised Code or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

(2)(a) Subject to division (C)(2)(b) of this section, no person shall kill a cat that has been quarantined in accordance with division (A)(2) or (B)(2) of this section without the approval of the health commissioner of the health district in which the quarantine has been declared.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) "Practice of veterinary medicine" has the same meaning as in section 4741.01 of the Revised Code.

(5) "Wild animal" has the same meaning as in section 1531.01 of the Revised Code.

(6) "Federal animal welfare act" means the "Laboratory Animal Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.

(B) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.

(C) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:

(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;

(2) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment or confinement in any of those specified manners.

(D) Divisions (B) and (C) of this section do not apply to any of the following:

(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;

(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Chapter 4741. of the Revised Code;

(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;

(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;

(5)(4) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Chapter 4741. of the Revised Code.

(E) Notwithstanding any section of the Revised Code that otherwise provides for the distribution of fine moneys, the clerk of court shall forward all fines the clerk collects that are so imposed for any violation of this section to the treasurer of the political subdivision or the state, whose county humane society or law enforcement agency is to be paid the fine money as determined under this division. The treasurer to whom the fines are forwarded shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this division, the county humane society shall use the fine moneys to provide the training that is required for humane agents under of a county humane society organized under section 1717.06 1717.05 of the Revised Code.

Sec. 959.132.  (A) As used in this section:

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

(2) "Impounding agency" means a county humane society organized under section 1717.05 of the Revised Code, an animal shelter, or a law enforcement agency that has impounded a companion animal in accordance with this section.

(3) "Offense" means a violation of section 959.131 of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate section 959.131 of the Revised Code.

(4) "Officer" means any law enforcement officer, agent of a county humane society, dog warden, deputy dog warden, or other person appointed to act as an administer and enforce animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution.

(B) An officer may seize and cause to be impounded at an impounding agency a companion animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound a companion animal that is the subject of an offense in a shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter 955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such a companion animal in a shelter owned, operated, or controlled by that board and has executed, in the case when the officer is other than a dog warden or assistant deputy dog warden, a contract specifying the terms and conditions of the impoundment.

(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the companion animal that was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the companion animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the companion animal was seized. The notice shall include a statement that a hearing will be held not later than ten days after the notice is provided or at the next available court date to determine whether the officer had probable cause to seize the companion animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the companion animal was impounded.

(D) A companion animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment if a licensed veterinarian determines it to be necessary because the companion animal is suffering.

(E)(1) Not later than ten days after notice is provided or at the next available court date, the court shall hold a hearing to determine whether the officer impounding a companion animal had probable cause to seize the companion animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is needed to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the companion animal was impounded.

(2) If the court determines that probable cause does not exist, the court immediately shall order the impounding agency to return the companion animal to its owner if possible. If the companion animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the companion animal is injured as a result of neglect or other misconduct by the impounding agency, the court shall order the impounding agency to pay the owner an amount determined by the court to be equal to the reasonable market value of the companion animal at the time that it was impounded plus statutory interest as defined in section 1343.03 of the Revised Code from the date of the impoundment or an amount determined by the court to be equal to the reasonable cost of treatment of the injury to the companion animal, as applicable. The requirement established in division (E)(2) of this section regarding the payment of the reasonable market value of the companion animal shall not apply in the case of a dog that, in violation of section 955.01 of the Revised Code, was not registered at the time it was seized and impounded.

(3) If the court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the companion animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the court, in consultation with the impounding agency, determines is sufficient to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the companion animal unless the court issues an order that specifies otherwise.

(F) If a person is convicted of committing an offense, the court may impose the following additional penalties against the person:

(1) A requirement that the person pay for the costs incurred by the impounding agency in caring for a companion animal involved in the applicable offense, provided that the costs were incurred during the companion animal's impoundment. A bond or cash deposit posted under this section may be applied to the costs.

(2) An order permanently terminating the person's right to possession, title, custody, or care of the companion animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the companion animal.

(G) If a person is found not guilty of committing an offense, the court immediately shall order the impounding agency to return the companion animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under division (E) of this section. If the companion animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the companion animal is injured as a result of neglect or other misconduct by the impounding agency, the court shall order the impounding agency to pay the owner an amount determined by the court to be equal to the reasonable market value of the companion animal at the time that it was impounded plus statutory interest as defined in section 1343.03 of the Revised Code from the date of the impoundment or an amount determined by the court to be equal to the reasonable cost of treatment of the injury to the companion animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the companion animal shall not apply in the case of a dog that, in violation of section 955.01 of the Revised Code, was not registered at the time it was seized and impounded.

(H) If charges are filed under section 959.131 of the Revised Code against the custodian or caretaker of a companion animal, but the companion animal that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the companion animal to provide to the companion animal the necessities described in division (C)(2) of section 959.131 of the Revised Code until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the companion animal is being kept, at the times and under the conditions that the court may set, to determine whether the companion animal is receiving those necessities and to remove and impound the companion animal if the companion animal is not receiving those necessities.

Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 of the Revised Code is guilty of a minor misdemeanor.

(B) Except as otherwise provided in this division, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars or more, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the first degree.

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15, or 959.17 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) Whoever violates division (A) of section 959.13 of the Revised Code is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.

(E)(1) Whoever violates division (B) of section 959.131 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(2) Whoever violates section 959.01 of the Revised Code or division (C) of section 959.131 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(3)(a) A court may shall order a person who is convicted of or pleads guilty to a violation of division (B) of section 959.131 of the Revised Code to forfeit to an impounding agency, as defined in section 959.132 of the Revised Code, any or all of the companion animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any companion animals for a specified or indefinite period of time.

(b) A court may order a person who is convicted of or pleads guilty to a violation of division (C) of section 959.131 of the Revised Code to forfeit to an impounding agency, as defined in section 959.132 of the Revised Code, any or all of the companion animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any companion animals for a specified or indefinite period of time.

(c) A court may order a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under section 959.132 of the Revised Code.

(4) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 of the Revised Code suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling.

(F) Whoever violates section 959.14 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(G) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor of the first degree.

(H) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth degree for a first offense and a felony of the third degree on each subsequent offense.

Sec. 1717.02.  The objects of the Ohio humane society, and all county humane societies organized under section 1717.05 of the Revised Code, shall be the inculcation of humane principles and the enforcement of laws for the prevention of cruelty, especially to children and animals. To promote those objects such societies may acquire property, real or personal, by purchase or gift. All property acquired by such a society, by gift, devise, or bequest, for special purposes, shall be vested in its board of trustees, which shall consist of three members elected by the society. The board shall manage such property and apply it in accordance with the terms of the gift, devise, or bequest, and may sell it and reinvest the proceeds.

Sec. 1717.05.  A society for the prevention of acts of cruelty to animals may be organized in any county by the association of not less than seven persons.

The members of such a society, at a meeting called for the purpose, shall elect not less than three of their members as its board of directors trustees, and such directors the trustees shall continue in office until their successors are duly chosen.

The secretary or clerk of such the meeting shall make a true record of the proceedings thereat and certify and forward such the record to the secretary of state, who shall record it. Such The record shall contain the name by which the association is to be known, and from and after its filing with the secretary of state the board of directors trustees and the associates, and their successors, shall have the powers, privileges, and immunities incident to incorporated companies. A copy of such the record, certified by the secretary of state, shall be taken in all courts and places in this state as evidence that such the society is a duly organized and incorporated body.

Such The society may elect such officers, and make such rules, regulations, and bylaws, as are deemed expedient by its members for its own government and the proper management of its affairs.

Sec. 1717.06.  A county humane society organized under section 1717.05 of the Revised Code may appoint agents, who are residents of the county or municipal corporation for which the appointment is made or of a contiguous county or municipal corporation in this state, for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals. Such agents may arrest any person found violating this chapter or any other law for protecting persons or animals or preventing acts of cruelty thereto. Upon making an arrest the agent forthwith shall convey the person arrested before some court or magistrate having jurisdiction of the offense, and there make complaint against the person on oath or affirmation of the offense.

All appointments of agents under this section shall be approved by the mayor of the municipal corporation for which they are made. If the society exists outside a municipal corporation, such appointments shall be approved by the probate judge of the county for which they are made. The mayor or probate judge shall keep a record of such appointments.

In order to qualify for appointment as a humane agent under this section, a person first shall successfully complete a minimum of twenty hours of training on issues relating to the investigation and prosecution of cruelty to and neglect of animals. The training shall comply with rules recommended by the peace officer training commission under section 109.73 of the Revised Code and shall include, without limitation, instruction regarding animal husbandry practices as described in division (A)(12) of that section. A person who has been appointed as a humane agent under this section prior to the effective date of this amendment April 9, 2003, may continue to act as a humane agent for a period of time on and after the effective date of this amendment April 9, 2003, without completing the training. However, on or before December 31, 2004, a person who has been appointed as a humane agent under this section prior to the effective date of this amendment April 9, 2003, shall successfully complete the training described in this paragraph and submit proof of its successful completion to the appropriate appointing mayor or probate judge in order to continue to act as a humane agent after December 31, 2004.

An agent of a county humane society only has the specific authority granted to the agent under this section and section 1717.08 of the Revised Code.

Sec. 1717.08.  An officer, agent, or member of the Ohio humane society or of a county humane society may interfere to prevent the perpetration of any act of cruelty to animals in his the officer's, agent's, or member's presence, may use such force as is necessary to prevent it, and to that end may summon to his the officer's, agent's, or member's aid any bystanders.

Sec. 1717.09.  A member of the Ohio humane society or of a county humane society may require the sheriff of any county, the constable of any township, the marshal or a policeman police officer of any municipal corporation, or any agent of such a society, to arrest any person found violating the laws in relation to cruelty to persons or animals, and to take possession of any animal cruelly treated in their respective counties or municipal corporations, and deliver such the animal to the proper officers of the society.

Sec. 1717.14.  When an officer or agent of the Ohio humane society or of a county humane society deems it for the best interest of a child, because of cruelty inflicted upon the child or because of the child's surroundings, that the child be removed from the possession and control of the parents or persons having charge of the child, the officer or agent shall comply with section 2151.421 of the Revised Code.

As used in this section, "child" means any person under eighteen years of age.

Sec. 3719.01.  As used in this chapter:

(A) "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means to a person or an animal.

(B) "Drug enforcement administration" means the drug enforcement administration of the United States department of justice or its successor agency.

(C) "Controlled substance" means a drug, compound, mixture, preparation, or substance included in schedule I, II, III, IV, or V.

(D) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.

(E) "Dispense" means to sell, leave with, give away, dispose of, or deliver.

(F) "Distribute" means to deal in, ship, transport, or deliver but does not include administering or dispensing a drug.

(G) "Drug" has the same meaning as in section 4729.01 of the Revised Code.

(H) "Drug abuse offense," "felony drug abuse offense," "cocaine," and "hashish" have the same meanings as in section 2925.01 of the Revised Code.

(I) "Federal drug abuse control laws" means the "Comprehensive Drug Abuse Prevention and Control Act of 1970," 84 Stat. 1242, 21 U.S.C. 801, as amended.

(J) "Hospital" means an institution for the care and treatment of the sick and injured that is certified by the department of health and approved by the state board of pharmacy as proper to be entrusted with the custody of controlled substances and the professional use of controlled substances.

(K) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for the injection of medication.

(L) "Isomer," except as otherwise expressly stated, means the optical isomer.

(M) "Laboratory" means a laboratory approved by the state board of pharmacy as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and clinical purposes and for purposes of instruction.

(N) "Manufacturer" means a person who manufactures a controlled substance, as "manufacture" is defined in section 3715.01 of the Revised Code.

(O) "Marihuana" means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine, amidone, isoamidone, ketobemidone, as defined in this division, and every substance not chemically distinguished from them and every drug, other than cannabis, that may be included in the meaning of "narcotic drug" under the federal drug abuse control laws. As used in this division:

(1) "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, that does not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

(2) "Isonipecaine" means any substance identified chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated.

(3) "Amidone" means any substance identified chemically as 4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by whatever trade name designated.

(4) "Isoamidone" means any substance identified chemically as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt thereof, by whatever trade name designated.

(5) "Ketobemidone" means any substance identified chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride, or any salt thereof, by whatever trade name designated.

(Q) "Official written order" means an order written on a form provided for that purpose by the director of the United States drug enforcement administration, under any laws of the United States making provision for the order, if the order forms are authorized and required by federal law.

(R) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under section 3719.41 of the Revised Code, the dextrorotatory isomer of 3-methoxy-N-methylmorphinan and its salts (dextro-methorphan). "Opiate" does include its racemic and levoratory forms.

(S) "Opium poppy" means the plant of the species papaver somniferum L., except its seeds.

(T) "Person" means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity.

(U) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.

(V) "Pharmacy" has the same meaning as in section 4729.01 of the Revised Code.

(W) "Poison" means any drug, chemical, or preparation likely to be deleterious or destructive to adult human life in quantities of four grams or less.

(X) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(Y) "Licensed health professional authorized to prescribe drugs," "prescriber," and "prescription" have the same meanings as in section 4729.01 of the Revised Code.

(Z) "Registry number" means the number assigned to each person registered under the federal drug abuse control laws.

(AA) "Sale" includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee.

(BB) "Schedule I," "schedule II," "schedule III," "schedule IV," and "schedule V" mean controlled substance schedules I, II, III, IV, and V, respectively, established pursuant to section 3719.41 of the Revised Code, as amended pursuant to section 3719.43 or 3719.44 of the Revised Code.

(CC) "Wholesaler" means a person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced, or prepared personally and includes a "wholesale distributor of dangerous drugs" as defined in section 4729.01 of the Revised Code.

(DD) "Animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound facility operated by a county dog warden pursuant to Chapter 955. of the Revised Code.

(EE) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.

(FF) "Category III license" means a license issued to a terminal distributor of dangerous drugs as set forth in section 4729.54 of the Revised Code.

(GG) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.

Sec. 4501.21.  (A) There is hereby created in the state treasury the license plate contribution fund. The fund shall consist of all contributions paid by motor vehicle registrants and collected by the registrar of motor vehicles pursuant to sections 4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522, 4503.545, 4503.55, 4503.551, 4503.552, 4503.553, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.74, 4503.75, and 4503.85 of the Revised Code.

(B) The registrar shall pay the contributions the registrar collects in the fund as follows:

(1) The registrar shall pay the contributions received pursuant to section 4503.491 of the Revised Code to the breast cancer fund of Ohio, which shall use that money only to pay for programs that provide assistance and education to Ohio breast cancer patients and that improve access for such patients to quality health care and clinical trials and shall not use any of the money for abortion information, counseling, services, or other abortion-related activities.

(2) The registrar shall pay the contributions received pursuant to section 4503.493 of the Revised Code to the autism society of Ohio, which shall use the contributions for programs and autism awareness efforts throughout the state.

(3) The registrar shall pay the contributions the registrar receives pursuant to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.

(4) The registrar shall pay the contributions the registrar receives pursuant to section 4503.501 of the Revised Code to the 4-H youth development program of the Ohio state university extension program, which shall use those contributions to pay the expenses it incurs in conducting its educational activities.

(5) The registrar shall pay the contributions received pursuant to section 4503.502 of the Revised Code to the Ohio cattlemen's foundation, which shall use those contributions for scholarships and other educational activities.

(6) The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund.

(7) The registrar shall pay the contributions the registrar receives pursuant to section 4503.522 of the Revised Code to the "friends of Perry's victory and international peace memorial, incorporated," a nonprofit corporation organized under the laws of this state, to assist that organization in paying the expenses it incurs in sponsoring or holding charitable, educational, and cultural events at the monument.

(8) The registrar shall pay the contributions the registrar receives pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into a special bank account that it establishes and which shall be separate and distinct from any other account the pro football hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.

(9) The registrar shall pay the contributions that are paid to the registrar pursuant to section 4503.545 of the Revised Code to the national rifle association foundation, which shall use the money to pay the costs of the educational activities and programs the foundation holds or sponsors in this state.

(10) In accordance with section 955.202 955.201 of the Revised Code, the registrar shall pay to the pets program funding board created by that section Ohio pet fund, as described in that section, the contributions the registrar receives pursuant to section 4503.551 of the Revised Code and any other money from any other source, including donations, gifts, and grants, that is designated by the source to be paid to the pets program funding board Ohio pet fund. The board Ohio pet fund shall use the moneys it receives under this section only to support programs for the sterilization of dogs and cats and for educational programs concerning the proper veterinary care of those animals.

(11) The registrar shall pay the contributions the registrar receives pursuant to section 4503.552 of the Revised Code to the rock and roll hall of fame and museum, incorporated.

(12) The registrar shall pay the contributions the registrar receives pursuant to section 4503.553 of the Revised Code to the Ohio coalition for animals, incorporated, a nonprofit corporation. Except as provided in division (B)(12) of this section, the coalition shall distribute the money to its members, and the members shall use the money only to pay for educational, charitable, and other programs of each coalition member that provide care for unwanted, abused, and neglected horses. The Ohio coalition for animals may use a portion of the money to pay for reasonable marketing costs incurred in the design and promotion of the license plate and for administrative costs incurred in the disbursement and management of funds received under this section.

(13) The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state of Ohio chapter of ducks unlimited, inc., which shall deposit the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which such payments are to be made.

(14) The registrar shall pay the contributions the registrar receives pursuant to section 4503.562 of the Revised Code to the Mahoning river consortium, which shall use the money to pay the expenses it incurs in restoring and maintaining the Mahoning river watershed.

(15)(a) The registrar shall pay to a sports commission created pursuant to section 4503.591 of the Revised Code each contribution the registrar receives under that section that an applicant pays to obtain license plates that bear the logo of a professional sports team located in the county of that sports commission and that is participating in the license plate program pursuant to division (E) of that section, irrespective of the county of residence of an applicant.

(b) The registrar shall pay to a community charity each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant pays to obtain license plates that bear the logo of a professional sports team that is participating in the license plate program pursuant to division (G) of that section.

(16) The registrar shall pay the contributions the registrar receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.

(17) The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the Revised Code to the great river council of the girl scouts of the United States of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl scouts.

(18) The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.

(19) The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account to be used for purposes of the fraternal order of police of Ohio, incorporated.

(20) The registrar shall pay the contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and order.

(21) The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on March 31, 2003, as the Ohio CASA/GAL association, a private, nonprofit corporation organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected, and dependent children, and for the training and supervision of persons participating in that program.

(22) The registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B. Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer, incorporated.

(23) The registrar shall pay the contributions the registrar receives pursuant to section 4503.74 of the Revised Code to the Columbus zoological park association, which shall disburse the moneys to Ohio's major metropolitan zoos, as defined in section 4503.74 of the Revised Code, in accordance with a written agreement entered into by the major metropolitan zoos.

(24) The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on March 31, 2003, in Evanston, Illinois, to be placed in a fund known as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation.

(25) The registrar shall pay the contributions the registrar receives pursuant to section 4503.85 of the Revised Code to the Ohio sea grant college program to be used for Lake Erie area research projects.

(C) All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day of May of every year, the registrar shall distribute to each entity described in division (B) of this section the investment income the fund earned the previous calendar year. The amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the fund during the previous calendar year.

Sec. 4729.01. As used in this chapter:

(A) "Pharmacy," except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department, or portion of any of the foregoing where the practice of pharmacy is conducted.

(B) "Practice of pharmacy" means providing pharmacist care requiring specialized knowledge, judgment, and skill derived from the principles of biological, chemical, behavioral, social, pharmaceutical, and clinical sciences. As used in this division, "pharmacist care" includes the following:

(1) Interpreting prescriptions;

(2) Dispensing drugs and drug therapy related devices;

(3) Compounding drugs;

(4) Counseling individuals with regard to their drug therapy, recommending drug therapy related devices, and assisting in the selection of drugs and appliances for treatment of common diseases and injuries and providing instruction in the proper use of the drugs and appliances;

(5) Performing drug regimen reviews with individuals by discussing all of the drugs that the individual is taking and explaining the interactions of the drugs;

(6) Performing drug utilization reviews with licensed health professionals authorized to prescribe drugs when the pharmacist determines that an individual with a prescription has a drug regimen that warrants additional discussion with the prescriber;

(7) Advising an individual and the health care professionals treating an individual with regard to the individual's drug therapy;

(8) Acting pursuant to a consult agreement with a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, if an agreement has been established with the physician;

(9) Engaging in the administration of immunizations to the extent authorized by section 4729.41 of the Revised Code.

(C) "Compounding" means the preparation, mixing, assembling, packaging, and labeling of one or more drugs in any of the following circumstances:

(1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs;

(2) Pursuant to the modification of a prescription made in accordance with a consult agreement;

(3) As an incident to research, teaching activities, or chemical analysis;

(4) In anticipation of orders for drugs pursuant to prescriptions, based on routine, regularly observed dispensing patterns;

(5) Pursuant to a request made by a licensed health professional authorized to prescribe drugs for a drug that is to be used by the professional for the purpose of direct administration to patients in the course of the professional's practice, if all of the following apply:

(a) At the time the request is made, the drug is not commercially available regardless of the reason that the drug is not available, including the absence of a manufacturer for the drug or the lack of a readily available supply of the drug from a manufacturer.

(b) A limited quantity of the drug is compounded and provided to the professional.

(c) The drug is compounded and provided to the professional as an occasional exception to the normal practice of dispensing drugs pursuant to patient-specific prescriptions.

(D) "Consult agreement" means an agreement to manage an individual's drug therapy that has been entered into by a pharmacist and a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.

(E) "Drug" means:

(1) Any article recognized in the United States pharmacopoeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals;

(4) Any article intended for use as a component of any article specified in division (E)(1), (2), or (3) of this section; but does not include devices or their components, parts, or accessories.

(F) "Dangerous drug" means any of the following:

(1) Any drug to which either of the following applies:

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend "Caution: Federal law prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or any similar restrictive statement, or the drug may be dispensed only upon a prescription;

(b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon a prescription.

(2) Any drug that contains a schedule V controlled substance and that is exempt from Chapter 3719. of the Revised Code or to which that chapter does not apply;

(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.

(G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the Revised Code.

(H) "Prescription" means a written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.

(I) "Licensed health professional authorized to prescribe drugs" or "prescriber" means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:

(1) A dentist licensed under Chapter 4715. of the Revised Code;

(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under section 4723.48 of the Revised Code;

(3) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry under a therapeutic pharmaceutical agents certificate;

(4) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

(5) A physician assistant who holds a certificate to prescribe issued under Chapter 4730. of the Revised Code;

(6) A veterinarian licensed under Chapter 4741. of the Revised Code.

(J) "Sale" and "sell" include delivery, transfer, barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal proprietor, agent, or employee.

(K) "Wholesale sale" and "sale at wholesale" mean any sale in which the purpose of the purchaser is to resell the article purchased or received by the purchaser.

(L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at wholesale.

(M) "Retail seller" means any person that sells any dangerous drug to consumers without assuming control over and responsibility for its administration. Mere advice or instructions regarding administration do not constitute control or establish responsibility.

(N) "Price information" means the price charged for a prescription for a particular drug product and, in an easily understandable manner, all of the following:

(1) The proprietary name of the drug product;

(2) The established (generic) name of the drug product;

(3) The strength of the drug product if the product contains a single active ingredient or if the drug product contains more than one active ingredient and a relevant strength can be associated with the product without indicating each active ingredient. The established name and quantity of each active ingredient are required if such a relevant strength cannot be so associated with a drug product containing more than one ingredient.

(4) The dosage form;

(5) The price charged for a specific quantity of the drug product. The stated price shall include all charges to the consumer, including, but not limited to, the cost of the drug product, professional fees, handling fees, if any, and a statement identifying professional services routinely furnished by the pharmacy. Any mailing fees and delivery fees may be stated separately without repetition. The information shall not be false or misleading.

(O) "Wholesale distributor of dangerous drugs" means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a person authorized by the person to engage in the sale of dangerous drugs at wholesale.

(P) "Manufacturer of dangerous drugs" means a person, other than a pharmacist, who manufactures dangerous drugs and who is engaged in the sale of those dangerous drugs within this state.

(Q) "Terminal distributor of dangerous drugs" means a person who is engaged in the sale of dangerous drugs at retail, or any person, other than a wholesale distributor or a pharmacist, who has possession, custody, or control of dangerous drugs for any purpose other than for that person's own use and consumption, and includes pharmacies, hospitals, nursing homes, and laboratories and all other persons who procure dangerous drugs for sale or other distribution by or under the supervision of a pharmacist or licensed health professional authorized to prescribe drugs.

(R) "Promote to the public" means disseminating a representation to the public in any manner or by any means, other than by labeling, for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a dangerous drug at retail.

(S) "Person" includes any individual, partnership, association, limited liability company, or corporation, the state, any political subdivision of the state, and any district, department, or agency of the state or its political subdivisions.

(T) "Finished dosage form" has the same meaning as in section 3715.01 of the Revised Code.

(U) "Generically equivalent drug" has the same meaning as in section 3715.01 of the Revised Code.

(V) "Animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound facility operated by a county dog warden pursuant to Chapter 955. of the Revised Code.

(W) "Food" has the same meaning as in section 3715.01 of the Revised Code.

Sec. 4736.01.  As used in this chapter:

(A) "Environmental health science" means the aspect of public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation, and rabies control.

(B) "Sanitarian" means a person who performs for compensation educational, investigational, technical, or administrative duties requiring specialized knowledge and skills in the field of environmental health science.

(C) "Registered sanitarian" means a person who is registered as a sanitarian in accordance with this chapter.

(D) "Sanitarian-in-training" means a person who is registered as a sanitarian-in-training in accordance with this chapter.

(E) "Practice of environmental health" means consultation, instruction, investigation, inspection, or evaluation by an employee of a city health district, a general health district, the environmental protection agency, the department of health, or the department of agriculture requiring specialized knowledge, training, and experience in the field of environmental health science, with the primary purpose of improving or conducting administration or enforcement under any of the following:

(1) Chapter 911., 913., 917., 3717., 3721., 3729., or 3733. of the Revised Code;

(2) Chapter 3734. of the Revised Code as it pertains to solid waste;

(3) Section 955.26 951.21, 955.40, 957.03, 3701.344, 3707.01, or 3707.03, sections 3707.38 to 3707.99, or section 3715.21 of the Revised Code;

(4) Rules adopted under section 3701.34 of the Revised Code pertaining to home sewage, rabies control, or swimming pools;

(5) Rules adopted under section 3701.935 of the Revised Code for school health and safety network inspections and rules adopted under section 3707.26 of the Revised Code for sanitary inspections.

"Practice of environmental health" does not include sampling, testing, controlling of vectors, reporting of observations, or other duties that do not require application of specialized knowledge and skills in environmental health science performed under the supervision of a registered sanitarian.

The state board of sanitarian registration may further define environmental health science in relation to specific functions in the practice of environmental health through rules adopted by the board under Chapter 119. of the Revised Code.

Section 2.  That existing sections 951.01, 951.10, 951.11, 951.12, 951.13, 951.99, 955.01, 955.011, 955.02, 955.04, 955.05, 955.06, 955.08, 955.10, 955.11, 955.12, 955.14, 955.15, 955.16, 955.17, 955.18, 955.19, 955.20, 955.201, 955.21, 955.22, 955.26, 955.261, 955.27, 955.28, 955.29, 955.351, 955.41, 955.42, 955.43, 955.44, 955.51, 955.99, 957.16, 959.131, 959.132, 959.99, 1717.02, 1717.05, 1717.06, 1717.08, 1717.09, 1717.14, 3719.01, 4501.21, 4729.01, and 4736.01 and sections 951.02, 955.202, 955.31, 955.33, 955.39, 955.40, 1717.03, and 1717.04 of the Revised Code are hereby repealed.

Section 3. That the version of section 4736.01 of the Revised Code that is scheduled to take effect on July 1, 2009, be amended to read as follows:

Sec. 4736.01.  As used in this chapter:

(A) "Environmental health science" means the aspect of public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation, and rabies control.

(B) "Sanitarian" means a person who performs for compensation educational, investigational, technical, or administrative duties requiring specialized knowledge and skills in the field of environmental health science.

(C) "Registered sanitarian" means a person who is registered as a sanitarian in accordance with this chapter.

(D) "Sanitarian-in-training" means a person who is registered as a sanitarian-in-training in accordance with this chapter.

(E) "Practice of environmental health" means consultation, instruction, investigation, inspection, or evaluation by an employee of a city health district, a general health district, the environmental protection agency, the department of health, or the department of agriculture requiring specialized knowledge, training, and experience in the field of environmental health science, with the primary purpose of improving or conducting administration or enforcement under any of the following:

(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or 3733. of the Revised Code;

(2) Chapter 3734. of the Revised Code as it pertains to solid waste;

(3) Section 955.26 951.21, 955.40, 957.03, 3701.344, 3707.01, or 3707.03, sections 3707.38 to 3707.99, or section 3715.21 of the Revised Code;

(4) Rules adopted under section 3701.34 of the Revised Code pertaining to rabies control or swimming pools;

(5) Rules adopted under section 3701.935 of the Revised Code for school health and safety network inspections and rules adopted under section 3707.26 of the Revised Code for sanitary inspections.

"Practice of environmental health" does not include sampling, testing, controlling of vectors, reporting of observations, or other duties that do not require application of specialized knowledge and skills in environmental health science performed under the supervision of a registered sanitarian.

The state board of sanitarian registration may further define environmental health science in relation to specific functions in the practice of environmental health through rules adopted by the board under Chapter 119. of the Revised Code.

Section 4. That the existing version of section 4736.01 of the Revised Code that is scheduled to take effect on July 1, 2009, is hereby repealed.

Section 5. Sections 3 and 4 of this act shall take effect July 1, 2009.

Section 6. The owner of a dog that is older than four months of age and that is not vaccinated against rabies on the effective date of this act shall have the dog vaccinated in accordance with section 955.39 of the Revised Code, as enacted by this act, not later than the date on which the dog's registration is to be renewed in accordance with section 955.01 of the Revised Code, as amended by this act.

Section 7.  The amendments to division (A)(1) of section 955.01 of the Revised Code by this act regarding the increase of dog registration fees, to division (A) of section 955.04 of the Revised Code by this act regarding the increase of kennel registration fees, and to divisions (A) and (C) of section 955.14 of the Revised Code by this act regarding the increase of dog and kennel registration fees shall take effect December 1, 2009.

Section 8. Section 955.014 of the Revised Code, as enacted by this act, shall take effect December 1, 2009.