As Introduced 136th General Assembly Regular Session S. B. No. 185 2025-2026 Senator Blessing To amend sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011, 955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 955.01 (955.02), 955.011 (955.021), 955.012 (955.022), 955.013 (955.023), 955.02 (955.01), 955.09 (955.08), 955.10 (955.09), 955.22 (955.24), 955.221 (955.10), 955.222 (955.23), and 955.40 (955.262); to enact new sections 955.21 and 955.22 and section 955.60; and to repeal sections 955.08, 955.21, 955.23, 955.24, 955.25, 955.39, 955.51, 955.52, 955.53, and 955.99 of the Revised Code to make changes to the laws governing dogs, including dangerous and vicious dogs. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 304.02, 304.03, 715.23, 901.80, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S. B. No. 185 Page 2 As Introduced 935.03, 955.01, 955.011, 955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321 be amended; sections 955.01 (955.02), 955.011 (955.021), 955.012 (955.022), 955.013 (955.023), 955.02 (955.01), 955.09 (955.08), 955.10 (955.09), 955.22 (955.24), 955.221 (955.10), 955.222 (955.23), and 955.40 (955.262) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 955.21 and 955.22 and section 955.60 of the Revised Code be enacted to read as follows: Sec. 304.02. Prior to the use of electronic records and electronic signatures by a county office under Chapter 1306. of the Revised Code, and except as otherwise provided in section 955.013 955.023 of the Revised Code, a county office shall adopt, in writing, a security procedure for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. A security procedure includes, but is not limited to, a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. Sec. 304.03. (A) Whenever any rule or law requires or authorizes the filing of any information, notice, lien, or other document or record with any county office, a filing made by an electronic record shall have the same force and effect as a filing made on paper in all cases where the county office has authorized or agreed to the electronic filing and the filing is made in accordance with applicable rules or an applicable agreement. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 S. B. No. 185 Page 3 As Introduced (B) Nothing in this section authorizes or shall be construed to authorize the use of a financial transaction device in an electronic transaction for the acceptance of payments for county expenses, except pursuant to section 301.28 or 955.013 955.023 of the Revised Code. (C) As used in this section, "financial transaction device" and "county expenses" have the same meanings as in section 301.28 of the Revised Code. Sec. 715.23. Except as otherwise provided in section 955.221 955.10 of the Revised Code regarding dogs, a municipal corporation may regulate, restrain, or prohibit the running at large, within the municipal corporation, of cattle, horses, swine, sheep, goats, geese, chickens, or other fowl or animals, impound and hold the fowl or animals, and, on notice to the owners, authorize the sale of the fowl or animals for the penalty imposed by any ordinance, and the cost and expenses of the proceedings. Sec. 901.80. (A) As used in this section: (1) "Agricultural production" has the same meaning as in section 929.01 of the Revised Code. (2) "Agritourism" means an agriculturally related educational, entertainment, historical, cultural, or recreational activity, including you-pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in, or enjoy that activity. (3) "Agritourism provider" means a person who owns, operates, provides, or sponsors an agritourism activity or an employee of such a person who engages in or provides agritourism 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 S. B. No. 185 Page 4 As Introduced activities whether or not for a fee. (4) "Farm" means land that is composed of tracts, lots, or parcels totaling not less than ten acres devoted to agricultural production or totaling less than ten acres devoted to agricultural production if the land produces an average yearly gross income of at least twenty-five hundred dollars from agricultural production. (5) "Participant" means an individual, other than an agritourism provider, who observes or participates in an agritourism activity. (6) "Risk inherent in an agritourism activity" means a danger or condition that is an integral part of an agritourism activity, including all of the following: (a) The surface and subsurface conditions of land; (b) The behavior or actions of wild animals not kept by or under the control of an agritourism provider; (c) The behavior or actions of domestic animals other than vicious or dangerous dogs as defined in section 955.11 955.01 of the Revised Code; (d) The ordinary dangers associated with structures or equipment ordinarily used in farming or ranching operations; (e) The possibility of contracting illness resulting from physical contact with animals, animal feed, animal waste, or surfaces contaminated by animal waste; (f) The possibility that a participant may act in a negligent manner, including by failing to follow instructions given by the agritourism provider or by failing to exercise reasonable caution while engaging in the agritourism activity 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 S. B. No. 185 Page 5 As Introduced that may contribute to injury to that participant or another participant. (B) In a civil action, an agritourism provider is immune from liability for any harm a participant sustains during an agritourism activity if the participant is harmed as a result of a risk inherent in an agritourism activity. Nothing in this section requires an agritourism provider to eliminate risks inherent in agritourism activities. (C) An agritourism provider is not immune from civil liability for harm sustained by a participant if any of the following applies: (1) The agritourism provider acts with a willful or wanton disregard for the safety of the participant and proximately causes harm to the participant. (2) The agritourism provider purposefully causes harm to the participant. (3) The agritourism provider's actions or inactions constitute criminal conduct and cause harm to the participant. (4) The agritourism provider fails to post and maintain signs as required by division (D) of this section. (5) The agritourism provider has actual knowledge or should have actual knowledge of an existing dangerous condition on the land or regarding facilities or equipment on the land that is not an inherent risk and does not make the dangerous condition known to the participant, and the dangerous condition proximately causes injury or damage to or the death of the participant. (D) An agritourism provider shall post and maintain signs 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 S. B. No. 185 Page 6 As Introduced that contain the warning notice specified in this division. The provider shall place a sign in a clearly visible location at or near each entrance to the agritourism location or at the site of each agritourism activity. The warning notice shall consist of a sign in black letters with each letter to be a minimum of one inch in height. The signs shall contain the following notice of warning: "WARNING: Under Ohio law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if that injury or death results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment, and animals as well as the potential for you as a participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity." Sec. 935.03. (A) Division (A) of section 935.02 of the Revised Code does not apply to any of the following: (1) A person to which all of the following apply: (a) The person possesses a dangerous wild animal. (b) The person has been issued a license by the United States department of agriculture under the federal animal welfare act. (c) The director of agriculture has determined that the person is in the process of becoming an accredited member of the association of zoos and aquariums or the zoological association of America. (d) The director has informed the person that the person is exempt from division (A) of section 935.02 of the Revised 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 S. B. No. 185 Page 7 As Introduced Code. (2) An organization to which all of the following apply: (a) The organization possesses a dangerous wild animal. (b) The director has determined that the organization is in the process of being accredited or verified by the global federation of animal sanctuaries as a wildlife sanctuary. (c) The director has informed the organization that it is exempt from division (A) of section 935.02 of the Revised Code. (3) A person whose possession of a dangerous wild animal is authorized by an unexpired permit issued under this chapter. (B) Except for the purposes of divisions (A) and (B) of section 935.04 of the Revised Code, this chapter does not apply to any of the following: (1) A facility that is an accredited member of the association of zoos and aquariums or the zoological association of America and that is licensed by the United States department of agriculture under the federal animal welfare act; (2) A research facility as defined in the federal animal welfare act; (3) A research facility that is accredited by the association for the assessment and accreditation of laboratory animal care international; (4) A circus; (5) A wildlife rehabilitation facility that is issued a permit by the chief of the division of wildlife in rules adopted under section 1531.08 of the Revised Code and that rehabilitates dangerous wild animals or restricted snakes that are native to 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 S. B. No. 185 Page 8 As Introduced the state for the purpose of reintroduction into the wild; (6) A veterinarian that is providing temporary veterinary care to a dangerous wild animal or restricted snake; (7) A wildlife sanctuary; (8) An individual who does not reside in this state, is traveling through this state with a dangerous wild animal or restricted snake, and does all of the following: (a) Confines the animal or snake in a cage at all times; (b) Confines the animal or snake in a cage that is not accessible to the public; (c) Does not exhibit the animal or snake; (d) Is in the state not more than forty-eight hours unless the animal or snake is receiving veterinary care. (9) An educational institution that displays a single dangerous wild animal as a sports mascot and that meets all of the following criteria: (a) An official of the educational institution has submitted an affidavit attesting that the institution will care for the animal as long as the animal lives and in a facility that is an accredited member of the association of zoos and aquariums or the zoological association of America. (b) The educational institution maintains a liability insurance policy with an insurer authorized or approved to write such insurance in this state that covers claims for injury or damage to persons or property caused by a dangerous wild animal. The amount of the insurance coverage shall be not less than one million dollars. 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 S. B. No. 185 Page 9 As Introduced (c) During display and transport, the educational institution confines the dangerous wild animal in a cage that does not permit physical contact between the animal and the public. (d) The educational institution began displaying a dangerous wild animal as a mascot prior to September 5, 2012. (10) Any person who has been issued a permit under section 1533.08 of the Revised Code, provided that the permit lists each specimen of wild animal that is a dangerous wild animal or restricted snake in the person's possession; (11) Any person authorized to possess a dangerous wild animal or restricted snake under section 1531.25 of the Revised Code or rules adopted under it; (12) A person with a mobility impairment, as defined in section 955.011 955.021 of the Revised Code, who possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the person with a mobility impairment; (13) A deaf or hearing-impaired person who possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the deaf or hearing-impaired person; (14) A person who is blind, as defined in section 955.011 955.021 of the Revised Code, and possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the blind person. 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 S. B. No. 185 Page 10 As Introduced Sec. 955.02 955.01. As used in this chapter , "dog kennel": (A) "Vicious dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a vicious dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous vicious dog act. (B) "Dangerous dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a dangerous dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous dangerous dog act. (C) "Nuisance dog" means a dog that has been designated as such in accordance with section 955.23 of the Revised Code or a dog that has previously engaged in a nuisance dog act when evidence of such engagement is presented to a court and the court determines that the dog has engaged in a previous nuisance dog act. (D) "Nuisance dog act," "dangerous dog act," and "vicious dog act" have the same meanings as in section 955.22 of the Revised Code. (E) "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. (F) "Dog kennel" or "kennel" means an establishment that keeps, houses, and maintains adult dogs, as defined in section 956.01 of the Revised Code, for the purpose of breeding the dogs for a fee or other consideration received through a sale, 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 S. B. No. 185 Page 11 As Introduced exchange, or lease and that is not a high volume breeder licensed under Chapter 956. of the Revised Code. Sec. 955.01 955.02. (A)(1) Except as otherwise provided in this section or in sections 955.011, 955.012955.021, 955.022, and 955.16 of the Revised Code, every person who owns, keeps, or harbors a dog more than three months of age shall file, on or after the first day of the applicable December, but before the thirty-first day of the applicable January, in the office of the county auditor of the county in which the dog is kept or harbored, an application for registration for a period of one year or three years or an application for a permanent registration. The board of county commissioners, by resolution, may extend the period for filing the application. The application applicant 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 on the application. A Along with the application, the applicant shall submit a registration fee of two dollars for each year of registration for a one-year or three-year registration or twenty dollars for a permanent registration for each dog shall accompany the application . However, the fee may exceed that amount if 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 a dog more than nine months of age that have has not been spayed or neutered, except that the higher registration fee permitted by this division shall does not apply if a the person registering a the dog furnishes any of the following with the application either a : 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 S. B. No. 185 Page 12 As Introduced (a) A certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered because of its age or medical condition or ; (b) A certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered because the dog is used or intended for use for show or breeding purposes or a ; (c) 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. (3) If the board establishes such a fee under division (A) (2) of this section, the application for registration shall state whether the dog is spayed or neutered, and whether a licensed veterinarian has certified that the dog should not be spayed or neutered 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 dog to furnish with the application a certificate from a licensed veterinarian verifying that the dog is spayed or neutered. No person shall furnish a certificate under this division 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 the applicable 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 for one year upon the owner, keeper, or harborer, which shall be paid with the registration 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 S. B. No. 185 Page 13 As Introduced fee. (C) A person who is the owner, keeper, or harborer of a dangerous dog or vicious dog shall register the dog with both the county auditor under division (A) of this section and with the county dog warden under division (D) of this section. (D)(1) A person who is the owner, keeper, or harborer of a dangerous dog or vicious dog shall apply for a dangerous dog registration to the county dog warden and submit all of the following to the dog warden: (a) A fee of fifty dollars; (b) The person's address, telephone number, and other appropriate means for the dog warden to contact the person, along with proof that the person is eighteen years of age or older; (c) With respect to the person and the dog for which the dangerous dog registration is required, all of the following: (i) Either satisfactory evidence of the dog's current rabies vaccination or a statement from a licensed veterinarian that a rabies vaccination is medically contraindicated for the dog; (ii) Either satisfactory evidence of the fact that the dog has been neutered or spayed or a statement from a licensed veterinarian that neutering or spaying of the dog is medically contraindicated; (iii) Satisfactory evidence of the fact that the person has posted and will continue to post clearly visible signs at the person's residence warning both minors and adults of the presence of a dangerous dog on the property; 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 S. B. No. 185 Page 14 As Introduced (iv) Satisfactory evidence of the fact that the dog has been permanently identified by means of a microchip and the dog's microchip number. (2) The person shall renew the dangerous dog registration annually for the same fee and in the same manner as the initial registration was obtained. (3) If a dangerous dog registration holder relocates to a new county, the holder shall follow the procedure in division (F) of this section and, upon the expiration of the registration issued in the original county, shall renew the registration in the new county. (E) Upon submission in accordance with division (D) of this section, the county dog warden shall issue a dangerous dog registration to the person. The dog warden also shall provide the owner with a uniformly designed tag that identifies the animal as a vicious or dangerous dog. (F)(1) If the owner of a vicious or dangerous dog for whom a dangerous dog registration has previously been obtained relocates to a new address within the same county, the owner shall provide notice of the new address to the county dog warden within ten days of relocating to the new address. (2) If the owner of a vicious or dangerous dog for whom a dangerous dog registration has previously been obtained relocates to a new address within another county, the owner shall do both of the following within ten days of relocating to the new address: (a) Provide written notice of the new address and a copy of the original dangerous dog registration to the dog warden of the new county; 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 S. B. No. 185 Page 15 As Introduced (b) Provide written notice of the new address to the dog warden of the county where the owner previously resided. (G) An animal shelter that keeps or harbors a dog more than three months of age is exempt from paying any registration 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. 2085, 26 U.S.C. 1. (H) No owner, keeper, or harborer of any dog shall negligently fail to file the application for registration and pay the associated fee as required under division (A) of this section or, if applicable, fail to pay the penalty prescribed in division (B) of this section. (I) No owner, keeper, or harborer of a vicious or dangerous dog shall negligently fail to present a valid dangerous dog registration upon request of any law enforcement officer, dog warden, or public health official charged with enforcing this section. (J) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to do any of the following: (1) Obtain a dangerous dog registration from the dog warden pursuant to this section; (2) Affix a tag that identifies the dog as a dangerous or vicious dog to the dog's collar; (3) Ensure that the dog wears the collar and tag at all times. (K) No person shall recklessly furnish a certificate under 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 S. B. No. 185 Page 16 As Introduced division (A)(2) of this section that the person knows to be false. (L)(1) Whoever violates division (H) of this section 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. (2) Whoever violates division (I) of this section is guilty of a minor misdemeanor. (3) Whoever violates division (J) of this section is guilty of a misdemeanor of the fourth degree and a misdemeanor of the third degree on each subsequent offense. (4) Whoever violates division (K) of this section is guilty of a misdemeanor of the first degree. Sec. 955.011 955.021. (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 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 June 30, 2006, shall remain in effect as valid proof of the registration of the dog on and 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 S. B. No. 185 Page 17 As Introduced 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 of the Revised Code: (1) "Person with a mobility impairment" means any person, regardless of age, who is subject to a physiological impairment 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. "Person with a mobility impairment" 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. "Person with a mobility impairment" also includes a person with a seizure disorder and a person who is diagnosed with autism. (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 dog that has been trained by a nonprofit or for-profit special agency and that is one of the following: 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 S. B. No. 185 Page 18 As Introduced (a) A guide dog; (b) A hearing dog; (c) A service dog. (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 person with a mobility impairment. Sec. 955.012 955.022. (A) As used in this section: (1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (2) "Law enforcement agency" means the state highway patrol, the office of a county sheriff, the police department of a municipal corporation or township, or a township or joint police district. (3) "Law enforcement canine" means a dog regularly utilized by a law enforcement agency for general law enforcement purposes, tracking, or detecting the presence of a controlled substance or explosive. (B) Instead of obtaining an annual registration under section 955.01 955.02 of the Revised Code, a law enforcement agency owning, keeping, or harboring a law enforcement canine may obtain an annual registration for the dog as a law enforcement canine under this section. The application for a law enforcement canine registration shall be submitted to the county auditor of the county in which the central office of the law 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 S. B. No. 185 Page 19 As Introduced enforcement agency that owns, keeps, or harbors the dog is located, except that for a dog owned, kept, or harbored by the state highway patrol, the application shall be submitted to the county auditor of the county in which is located the state highway patrol post to which the dog and its handler primarily are assigned. The application shall be submitted on or after the first day of December immediately preceding the beginning of the registration year and before the thirty-first day of January of that year. If the period for filing registration applications under division (A)(1) of section 955.01 955.02 of the Revised Code is extended in the county in which a law enforcement canine is to be registered, an application for registration under this section shall be submitted to the county auditor not later than the registration deadline for that year, as so extended. The application for registration of a law enforcement canine shall state the age, sex, hair color, character of hair, whether short or long, and breed, if known, of the dog, the name and address of the owner of the dog, and, if the law enforcement agency keeping or harboring the dog is different from the owner, the name of that law enforcement agency. For a dog owned, kept, or harbored by the police department of a municipal corporation or township or by a township or joint police district, the application shall be signed by the chief of the police department or district. For a dog owned, kept, or harbored by the office of a county sheriff, the application shall be signed by the sheriff. For a dog owned, kept, or harbored by the state highway patrol, the application shall be signed by the officer in charge of the post of the state highway patrol to which the dog and its handler primarily are assigned. The application shall include a certification by the chief of the police department or district, sheriff, or officer of the state highway 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 S. B. No. 185 Page 20 As Introduced patrol post, as applicable, that the dog described in the application has been properly trained to carry out one or more of the purposes described in division (A)(3) of this section and actually is used for one or more of those purposes by the law enforcement agency making the application. No fee is required for issuance of a law enforcement canine registration. Upon proper proof of loss, a duplicate certificate and tag shall be issued for a dog registered under this section, and no fee shall be required. If an application for registration of a law enforcement canine is not filed under this section on or before the thirty- first day of January of the registration year, or the extended registration deadline established under division (A)(1) of section 955.01 955.02 of the Revised Code, as applicable, the law enforcement canine shall be registered under that section, and the registration fee and late registration penalty applicable under divisions (A) and (B) of that section shall accompany the application. (C) If a law enforcement agency becomes the owner, keeper, or harborer of a law enforcement canine or brings a law enforcement canine into the state after the thirty-first day of January of a registration year or the extended registration deadline established under division (A)(1) of section 955.01 955.02 of the Revised Code, as applicable, the law enforcement agency, within thirty days after becoming the owner, keeper, or harborer or bringing the dog into the state, may submit an application for registration of the dog under this section. Upon submission of the application, the law enforcement agency shall be issued such a registration in the manner provided in division (B) of this section. If such an application is not filed within 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 S. B. No. 185 Page 21 As Introduced the thirty-day period, the dog shall be registered under section 955.05 of the Revised Code, and the registration fee and late registration penalty applicable under that section or section 955.06 of the Revised Code shall accompany the application. Sec. 955.013 955.023. (A) As used in this section, "financial transaction device" has the same meaning as in section 301.28 of the Revised Code. (B) A county auditor may establish procedures and take actions that are necessary to allow for either or both of the following: (1) The registration of dogs and kennels under this chapter via the internet; (2) The payment of dog and kennel registration fees under this chapter by financial transaction devices, including payment by financial transaction devices via the internet. Sec. 955.03. Any dog which that has been registered under sections 955.01 955.02 and 955.04 of the Revised Code and any dog not required to be registered under such sections shall be considered as personal property and have all the rights and privileges and be subject to like restraints as other livestock. Sec. 955.04. (A) Every owner of a dog kennel of dogs shall, in like manner as provided in division (A) of section 955.01 955.02 of the Revised Code, make application for the registration of such kennel, and pay to the county auditor a registration fee of ten 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 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 S. B. No. 185 Page 22 As Introduced registration fee upon the owner of such kennel. The payment of such the kennel registration fee shall entitle entitles 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 955.08 955.07 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. (B) No owner of a kennel shall recklessly fail to register the kennel in accordance with this section. (C) Whoever violates division (B) of this section 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. Sec. 955.05. After the thirty-first day of January of any year, except as otherwise provided in section 955.012 955.022 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 brought from outside the state during any year, shall file like applications, with fees, as required by section 955.01 955.02 of the Revised Code, for registration for a period of one year or three years or an application for permanent registration. If the application is not filed and the fee paid, within thirty days after 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 for one year upon the owner, keeper, or 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 S. B. No. 185 Page 23 As Introduced harborer, which shall be paid with the registration fee. Thereafter, the owner, keeper, or harborer shall register the dog as provided in section 955.01 955.02 of the Revised Code, as applicable. Every person becoming the owner of a dog 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 kennel for the current calendar year. If such application is not filed and the fee paid within thirty days after the person becomes the owner of such kennel, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner of such kennel. Sec. 955.06. (A) The owner, keeper, or harborer of a dog becoming three months of age after the first day of July in a calendar year and the owner, keeper, or harborer of a dog purchased outside the state after the first day of July in a calendar year shall register the dog in accordance with division (B), (C), or (D) of this section within ninety days of the dog's becoming three months of age or within ninety days of the date of the purchase of the dog, as applicable. (B) The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog for the remainder of the current year. The fee for such a registration shall be one-half of the original fee for a one- year registration. Thereafter, the owner, keeper, or harborer shall register the dog for a period of one year, three years, or permanently as provided in section 955.01 955.02 of the Revised Code. (C) The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog for a 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 S. B. No. 185 Page 24 As Introduced period consisting of the remainder of the current year and two additional years. The fee for such a registration shall be eighty-three per cent of the original fee for a three-year registration. Thereafter, the owner, keeper, or harborer shall register the dog for a period of one year, three years, or permanently as provided in section 955.01 955.02 of the Revised Code. (D) The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog permanently. The fee for such a registration shall be the same as the original fee for a permanent registration. Sec. 955.07. (A) Upon the filing of the application for registration required by sections 955.01 955.02 and 955.04 of the Revised Code and upon the payment of the registration fee and the administrative fee, if applicable, the county auditor shall assign a distinctive number to every dog or dog kennel described in the application and shall deliver a certificate of registration bearing the number to the owner of the dog or dog kennel. A record of all certificates of registration issued, together with the applications for registration, shall be kept by the auditor in a dog and kennel register until after an audit performed by the auditor of state. This record shall be open to the inspection of any person during reasonable business hours. (B) In addition to the certificate of registration provided for under division (A) of this section, the county auditor shall issue to every person applying for the registration of a dog and paying the required fee a metal tag for each dog so registered. The form, color, character, and lettering of the tag shall be prescribed by the county auditor. If a tag is lost, a duplicate shall be furnished by the auditor 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 S. B. No. 185 Page 25 As Introduced upon proper proof of loss and the payment of five dollars for each duplicate tag issued. Sec. 955.09 955.08. Certificates of registration and registration tags shall be valid only during the calendar year or years for which they are issued. Sec. 955.10 955.09. (A) No owner of a dog, except a dog constantly confined to a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code, shall recklessly fail to require the dog to wear, at all times, a valid tag issued in connection with a certificate of registration under division (A) of section 955.02 of the Revised Code. A dog found not wearing at any time a valid tag shall be is prima-facie evidence of lack of registration and shall subject any dog found not wearing such a tag to impounding, sale, or destruction. (B) No person shall recklessly obstruct or interfere with anyone lawfully engaged in capturing an unregistered dog or examining a dog wearing a tag. (C) No person shall recklessly own, keep, or harbor a dog wearing a fictitious, altered, or invalid registration tag or a registration tag not issued by the county auditor in connection with the registration of such animal. (D) Whoever violates division (A), (B), or (C) of this section is guilty of a minor misdemeanor. Sec. 955.221 955.10. (A) For the purposes of this section, ordinances or resolutions to control dogs include, but are not limited to, ordinances or resolutions concerned with the ownership, keeping, or harboring of dogs, the restraint of dogs, dogs as public nuisances, and dogs as a threat to public health, 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 S. B. No. 185 Page 26 As Introduced safety, and welfare, except that such ordinances or resolutions as permitted in division (B) of this section shall not prohibit the use of any dog which is lawfully engaged in hunting or training for the purpose of hunting while accompanied by a licensed hunter. However, such dogs at all other times and in all other respects shall be subject to the ordinance or resolution permitted by this section, unless actually in the field and engaged in hunting or in legitimate training for such purpose. (B)(1) A board of county commissioners may adopt and enforce resolutions to control dogs within the unincorporated areas of the county that are not otherwise in conflict with any other provision of the Revised Code. (2) A board of township trustees may adopt and enforce resolutions to control dogs within the township that are not otherwise in conflict with any other provision of the Revised Code, if the township is located in a county where the board of county commissioners has not adopted resolutions to control dogs within the unincorporated areas of the county under this section. In the event that the board of county commissioners adopts resolutions to control dogs in the county after a board of township trustees has adopted resolutions to control dogs within the township, the resolutions adopted by the county board of commissioners prevail over the resolutions adopted by the board of township trustees. (3) A municipal corporation may adopt and enforce ordinances to control dogs within the municipal corporation that are not otherwise in conflict with any other provision of the Revised Code. (C) No person shall recklessly violate any resolution or 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 S. B. No. 185 Page 27 As Introduced ordinance adopted under this section. (D) Whoever violates division (C) of this section 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. 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 done any of the following: (i) Caused injury, other than killing or serious injury, to any person; (ii) Killed another dog; (iii) Been the subject of a third or subsequent violation of division (C) of section 955.22 of the Revised Code. (b) "Dangerous dog" does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog 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)(a) Subject to division (A)(3)(b) of this section, 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 S. B. No. 185 Page 28 As Introduced "nuisance dog" means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person. (b) "Nuisance dog" does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person. (4) "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. (5) "Serious injury" means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity; (c) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement; (d) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain. (6)(a) "Vicious dog" means a dog that, without provocation and subject to division (A)(6)(b) of this section, has killed or caused serious injury to any person. 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 S. B. No. 185 Page 29 As Introduced (b) "Vicious dog" does not include either of the following: (i) A police dog that has killed or caused 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. (7) "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 of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. 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 five dollars. (C) Prior (B) Except as provided in division (C) of this section, prior to the transfer of ownership or possession of any a dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 S. B. No. 185 Page 30 As Introduced written notice relative to the behavior and propensities of the dog. (D)(C) 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 dog or vicious dog, the seller or other 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 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 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 seller or other transferor shall obtain the signature of the buyer or other transferee after a statement on the form that the buyer or other transferee understands that such person 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 S. B. No. 185 Page 31 As Introduced is acquiring a dangerous or vicious dog. The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost. (E)(D)(1) No seller or other transferor of a dog shall recklessly fail to comply with the applicable requirements of divisions (B) to (D) division (A) of this section. (2) No seller or other transferor of a dog shall recklessly fail to comply with the requirements of division (B) or (C) of this section. (E)(1) Whoever violates division (D)(1) of this section is guilty of a minor misdemeanor. (2) Whoever violates division (D)(2) of this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense. Sec. 955.12. (A) Except as provided in section 955.121 of Revised Code, a 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 and 955.50 to 955.53 of the Revised Code this chapter. (B) Except as otherwise provided in section 3.061 of the Revised Code, 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. 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 S. B. No. 185 Page 32 As Introduced (C) 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 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 dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code, 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. (D) If a 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 notify, in writing, the humane society or the appropriate law enforcement authority that has jurisdiction to enforce Chapter 959. of the Revised Code. (E) The warden and deputies shall also make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed. (F) The wardens and deputies shall have the same police 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 S. B. No. 185 Page 33 As Introduced powers, including the authority to make arrests, as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Code this chapter. 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 as provided in sections 955.01 and 955.14 of the Revised Code. (G) 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 dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code 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 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 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 S. B. No. 185 Page 34 As Introduced 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. (H) No county dog warden shall knowingly fail to perform the warden's duties under this section or other legal duties required of dog wardens. (I) Whoever violates division (H) of this section is guilty of a minor misdemeanor. Sec. 955.121. (A)(1) In lieu of appointing a county dog warden and deputies under section 955.12 of the Revised Code, a board of county commissioners may appoint the county sheriff to enforce sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Codethis chapter. If a board chooses to appoint the county sheriff as the county dog warden, the board shall enter into a two-year written agreement with the sheriff for that purpose at the first meeting in a calendar year following a general election in which at least one of the members of the board was elected. (2) The agreement may authorize both of the following: (a) The sheriff to appoint sheriff's deputies or persons other than peace officers as deputy dog wardens; (b) The transfer of any benefits accrued by employees who are transferred as a result of the county sheriff's being appointed as the county dog warden. (B) Any dog warden and deputy dog wardens appointed under this section shall comply with both of the following: 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 S. B. No. 185 Page 35 As Introduced (1) Any training requirements applicable to county dog wardens and deputy dog wardens appointed or employed under section 955.12 of the Revised Code; (2) The requirements established in that section. (C) If a county sheriff or a sheriff's deputies are appointed as a dog warden or deputy dog wardens under this section, references in this chapter and in Chapters 953., 956., and 959. of the Revised Code to "dog warden" and "deputy dog warden" shall be deemed to be replaced, respectively, with references to "sheriff" and "deputy sheriff." Sec. 955.14. (A) Notwithstanding section 955.01 955.02 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. 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 specify the registration period or periods to which the increased fees apply. An increase in fees adopted under this division shall be in the ratio of two dollars for each year of registration for a dog registration fee, twenty dollars for a permanent dog registration fee, and ten dollars for a kennel registration fee. (B) Notwithstanding section 955.20 of the Revised Code, if dog and kennel registration fees in any county are increased above two dollars for each year of registration and twenty dollars for a permanent registration for a dog registration fee and ten dollars for a kennel registration fee under authority of division (A) of this section, then on or before the first day of 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 S. B. No. 185 Page 36 As Introduced 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 cents for each one-year dog registration, thirty cents for each three-year dog registration, one dollar for each permanent dog registration, and ten cents for each 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 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. (C) The Ohio state university college of veterinary medicine shall be responsible to report annually to the general assembly the progress of the research and study authorized and funded by division (B) 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 (B) 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 (B) of this section. The report shall be filed with the general assembly by the first day of May of each year. (D) The county auditor may authorize agents 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 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 S. B. No. 185 Page 37 As Introduced 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 (E) of this section. (E) For any county that accepts the payment of dog and kennel registration fees by financial transaction devices in accordance with section 955.013 955.023 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 955.013 955.023 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 955.013 955.023 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. 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 S. B. No. 185 Page 38 As Introduced (F) 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 955.013 955.023 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. 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 destroying the dog shall be certified by a licensed veterinarian or a registered veterinary technician. If the dog is not registered, the decision to 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 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 S. B. No. 185 Page 39 As Introduced the pound or animal shelter until the owner, 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. Any dog not so redeemed may be adopted out or donated to any person, including a nonprofit special agency that is engaged in the training of any type of assistance dogs or to a nonprofit teaching or research institution or organization that is certified by the director of health as being engaged in teaching or research concerning the prevention and treatment of diseases of human beings or animals. The county dog warden may charge an adoption fee for any dog that is adopted. Except as provided in division (B) of this section, no dog shall be discharged from the pound or animal shelter until the animal has been registered and furnished with a valid registration tag. (B) 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 director that obtains dogs for teaching and research purposes pursuant to this section shall, at all reasonable times, make the dogs available for inspection by humane society agents, appointed pursuant to section 1717.06 of the Revised Code, in order that the agents may prevent the perpetration of any act of cruelty, 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 S. B. No. 185 Page 40 As Introduced 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, and the poundkeeper 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 recklessly 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) Whoever violates division (F) of this section is guilty of a misdemeanor of the fourth degree. 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 S. B. No. 185 Page 41 As Introduced Sec. 955.20. The registration fees provided for in sections 955.01 955.02 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. Money in the fund 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 955.01 955.02 to 955.261 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 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 (E)(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 955.01 955.02 to 955.27 of the Revised Code, the board, by resolution so provided, may appropriate further funds for the use and purpose of the county dog warden in administering those sections. Sec. 955.21. (A) 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 recklessly fail at any time to do either of the following: 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 S. B. No. 185 Page 42 As Introduced (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. (B) Whoever commits a violation of this section that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog 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. Additionally, 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. (C) Whoever commits a violation of this section that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Additionally, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both. (D) Whoever commits a violation of this section that involves a dangerous dog is guilty of a misdemeanor of the third degree on a first offense and of a misdemeanor of the second degree on each subsequent offense. Additionally, the court may order the offender to do any of the following: (1) Personally supervise the dangerous dog that the 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 S. B. No. 185 Page 43 As Introduced offender owns, keeps, or harbors; (2) Cause that dog to complete dog obedience training; (3) Obtain liability insurance in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars. 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 at the owner's expense. Until the court makes a final determination and during the pendency of any appeal and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with division (A) of section 955.24 of the Revised Code or at the county dog pound at the owner's expense. (E) Whoever commits a violation of this section that involves a vicious dog is guilty of a misdemeanor of the second degree on a first offense and of a misdemeanor of the first degree on each subsequent offense. Additionally, the court shall order the offender to do all of the following: (1) Personally supervise the vicious dog that the offender owns, keeps, or harbors; (2) Cause that dog to complete dog obedience training; (3) Obtain liability insurance in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars. The court, in the alternative, may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense. 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 S. B. No. 185 Page 44 As Introduced Until the court makes a final determination and during the pendency of any appeal and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with division (A) of section 955.24 of the Revised Code or at the county dog pound at the owner's expense. Sec. 955.22. (A) As used in this section and section 955.23 of the Revised Code: (1) "Vicious dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties: (a) The killing of any person; (b) Causing serious injury to any person by physical contact; (c) Engaging in a dangerous dog act after the dog has been designated as a dangerous dog under section 955.23 of the Revised Code. (2) "Dangerous dog act" means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties: (a) Causing injury by physical contact, other than killing or serious injury, to any person; (b) The killing of another dog or livestock; (c) Causing serious injury to another dog or livestock that results in euthanasia of the animal by a person authorized to perform euthanasia under Ohio law. 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 S. B. No. 185 Page 45 As Introduced (3) "Nuisance dog act" means one of the following actions committed by a dog without provocation and while off the premises of its owner, keeper, or harborer, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties: (a) Chasing or approaching a person in either a menacing fashion or an apparent attitude of attack; (b) Attempting to bite or otherwise endanger any person; (c) Causing injury without making physical contact; (d) Chasing, threatening, harassing, or injuring another dog or livestock; (e) Having been the subject of a third or subsequent violation of section 955.21 of the Revised Code. (4) "Serious injury" means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity; (c) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement; (d) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain. (5) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 S. B. No. 185 Page 46 As Introduced 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)(1) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a vicious dog act. Whoever violates this division is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense. (2) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to prevent the dog from committing a vicious dog act that involves injuring or killing a person. Whoever violates this division is guilty of a felony of the third degree. (C)(1) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a dangerous dog act. Whoever violates this division is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense. (2) No owner, keeper, or harborer of a dangerous or vicious dog shall negligently fail to prevent the dog from committing a dangerous dog act that involves injuring a person. Whoever violates this division is guilty of a felony of the fifth degree. (D) No owner, keeper, or harborer of a dog shall negligently fail to prevent the dog from committing a nuisance dog act. Whoever violates this division is guilty a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense. (E) In addition to any other penalty described under this 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 S. B. No. 185 Page 47 As Introduced section, and except as provided in division (F) of this section, the court may order the dog that is the subject of an offense under this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense. (F) In addition to any other penalty described under this section, the court shall order the dog that is the subject of an offense under this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense if, as a result of the offense, the dog kills or causes serious injury to a person. Sec. 955.222 955.23. (A) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of a dog shall conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog. (B) (A)(1) If a person who is authorized to enforce this chapter has reasonable probable cause to believe that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vicious doghas committed a dangerous dog act or vicious dog act , the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following: (1) That the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable; (2) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides petition the municipal court or 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 S. B. No. 185 Page 48 As Introduced county court that has territorial jurisdiction over the location where the alleged act occurred to hold a hearing to determine whether the court shall issue an order designating the dog as a dangerous or vicious dog, as applicable, in accordance with this section. (2) If a person who is authorized to enforce this chapter has probable cause to believe that a dog in the person's jurisdiction has committed a nuisance dog act, the person may petition the municipal court or county court that has territorial jurisdiction over the location where the alleged act occurred to hold a hearing to determine whether the court shall issue an order designating the dog as a nuisance dog in accordance with this section. (B) Probable cause may be supported by one or more written statements of a witness describing the incident or incidents in which the witness saw the dog engage in a nuisance dog act, a dangerous dog act, or a vicious dog act . (C) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborerThe court, not later than ten days after receiving notification of the designation the petition described in division (A) of this section , may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer shall hold the hearing and, at the conclusion of the hearing, issue a final determination concerning whether the dog shall be designated a nuisance, dangerous, or vicious dog . At the hearing, the person who 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 S. B. No. 185 Page 49 As Introduced designated the dog as a nuisance dog, dangerous dog, or vicious dog petitioned the court has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dogcommitted a nuisance dog act, dangerous dog act, or vicious dog act . (D) The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog petitioned the court may appeal the court's final determination as in any other case filed in that court. (D) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog (E)(1) If the dog warden determines that it is safe to have the dog remain in the custody of the dog's owner, keeper, or harborer, the dog shall be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of division (D)(A) of section 955.22 955.24 of the Revised Code that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog . The owner, keeper, or harborer of the dog shall not be required to comply with any other requirements established in the Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal . (2) If the dog warden determines that it is not safe to 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 S. B. No. 185 Page 50 As Introduced have the dog remain in the custody of the dog's owner, keeper, or harborer after the commission of the alleged nuisance dog act, dangerous dog act, or vicious dog act and during the pendency of a court's determination or appeal under this section, the dog shall be held in the custody of the dog warden. While the dog is being so held, the cost of the holding is the responsibility of the dog's owner, keeper, or harborer. However, the dog's owner, keeper, or harborer shall not be responsible for such costs if the court does not determine that the dog be designated as a nuisance, dangerous, or vicious dog . (E) If a dog is finally determined under this section, or on appeal as described in this section, to be a vicious dog, division (D) of section 955.11 and divisions (D) to (I) of section 955.22 of the Revised Code apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog, and section 955.54 of the Revised Code applies with respect to the dog as if it were a dangerous dog, and the court shall issue an order that specifies that those provisions apply with respect to the dog and the owner, keeper, or harborer in that manner. As part of the order, the court shall require the owner, keeper, or harborer to obtain the liability insurance required under division (E)(1) of section 955.22 of the Revised Code in an amount described in division (H)(2) of section 955.99 of the Revised Code. (F) As used in this section, "nuisance dog," "dangerous dog," and "vicious dog" have the same meanings as in section 955.11 of the Revised Code. (F)(1) Except as provided in division (F)(2) of this section, the court may order a dog that is designated in accordance with this section to be humanely destroyed by a 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 S. B. No. 185 Page 51 As Introduced licensed veterinarian, the county dog warden, or the county humane society at the owner's expense. (2) The court shall order a dog that is designated in accordance with this section to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense if the court determines that the dog killed or caused serious injury to a person. (G) If the dog that is the subject of a hearing under this section is also the subject of a criminal proceeding for a violation of section 955.22 of the Revised Code arising out of the same event, the court shall conduct the hearing under this section and the criminal proceeding concurrently. Sec. 955.22 955.24. (A) As used in this section, "dangerous dog" has the same meaning 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. 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 S. B. No. 185 Page 52 As Introduced (D) Except when a dangerous 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 vicious or dangerous dog shall recklessly 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 with fencing that is sufficiently constructed to prevent escape , or other locked enclosure that has a top; (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 with fencing that is sufficiently constructed to prevent escape, 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)(B) No person who has been convicted of or pleaded guilty to three or more violations of division (C) of this section involving the same dog and no owner, keeper, or harborer of a vicious or dangerous dog shall recklessly fail to do any of the following: 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 S. B. No. 185 Page 53 As Introduced (1) Obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the vicious or dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section; (2) Obtain a dangerous dog registration certificate from the county auditor pursuant to division (I) of this section, affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times; (3) Notify the local dog warden immediately if any of the following occurs: (a) The dog is loose or unconfined. (b) The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property. (c) The dog attacks another animal while the dog is off the property of the owner of the dog. (4)(3) If the dog is sold, given to another person, or dies, notify the county auditor and the dog warden within ten days of the sale, transfer, or death. (F)(C) No person shall recklessly do any of the following: (1) Debark or surgically silence a dog that the person knows or has reason to believe is a vicious or dangerous dog; (2) Possess a vicious or dangerous dog if the person knows 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 S. B. No. 185 Page 54 As Introduced 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 or dangerous dog or otherwise provide false information on that written waiver form. (G)(D) 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 or dangerous 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 of the dog if the dog is licensed; (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 dangerous dog; (5) A statement that division (F) of section 955.22 of the Revised Code Ohio law 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 or dangerous dog; (b) Possessing a vicious or dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced; 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 S. B. No. 185 Page 55 As Introduced (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 or dangerous dog or otherwise provide false information on that written waiver form. (H)(E) It is an affirmative defense to a charge of a violation of division (F)(C) 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 or dangerous dog. (I)(1) The county auditor shall issue a dangerous dog registration certificate to a person who is the owner of a dog, who is eighteen years of age or older, and who provides the following to the county auditor: (a) A fee of fifty dollars; (b) The person's address, phone number, and other appropriate means for the local dog warden or county auditor to contact the person; (c) With respect to the person and the dog for which the registration is sought, all of the following: (i) Either satisfactory evidence of the dog's current rabies vaccination or a statement from a licensed veterinarian that a rabies vaccination is medically contraindicated for the dog; (ii) Either satisfactory evidence of the fact that the dog has been neutered or spayed or a statement from a licensed veterinarian that neutering or spaying of the dog is medically contraindicated; 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 S. B. No. 185 Page 56 As Introduced (iii) Satisfactory evidence of the fact that the person has posted and will continue to post clearly visible signs at the person's residence warning both minors and adults of the presence of a dangerous dog on the property; (iv) Satisfactory evidence of the fact that the dog has been permanently identified by means of a microchip and the dog's microchip number. (2) Upon the issuance of a dangerous dog registration certificate to the owner of a dog, the county auditor shall provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall renew the certificate annually for the same fee and in the same manner as the initial certificate was obtained. If a certificate holder relocates to a new county, the certificate holder shall follow the procedure in division (I)(3)(b) of this section and, upon the expiration of the certificate issued in the original county, shall renew the certificate in the new county. (3)(a) If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within the same county, the owner shall provide notice of the new address to the county auditor within ten days of relocating to the new address. (b) If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within another county, the owner shall do both of the following within ten days of relocating to the new address: (i) Provide written notice of the new address and a copy of the original dangerous dog registration certificate to the 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 S. B. No. 185 Page 57 As Introduced county auditor of the new county; (ii) Provide written notice of the new address to the county auditor of the county where the owner previously resided. (4) The owner of a dangerous dog shall present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, or public health official charged with enforcing this section. (5) The fees collected pursuant to this division shall be deposited in the dog and kennel fund of the county. (F)(1) Whoever violates division (A) of this section 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 do any of the following: (a) Personally supervise the vicious or dangerous dog that the offender owns, keeps, or harbors; (b) Cause the dog to complete dog obedience training; (c) Order the offender to obtain liability insurance pursuant to this section. (2) The court, in the alternative, may order the vicious or dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense. (G) Whoever violates division (B) of this section is guilty of a minor misdemeanor. (H) Whoever violates division (C)(1), (2), or (3) of this section is guilty of a felony of the fourth degree. 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 S. B. No. 185 Page 58 As Introduced Additionally, the court shall order that the dog involved in the violation be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society. Until the court makes a final determination and during the pendency of any appeal of a violation of division (C)(1), (2), or (3) of this section and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions of division (A) of this section or at the county dog pound at the owner's expense. Sec. 955.26. (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, 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 pound, kennel, or other suitable 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. (B) 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 955.01 955.02 of the Revised Code for any dog that is required to be vaccinated. 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 S. B. No. 185 Page 59 As Introduced (C) The director shall determine appropriate methods of rabies vaccination and satisfactory periods for purposes of quarantines under this section. (D) 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. (E) Notwithstanding 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. (F) No person shall recklessly violate a rabies quarantine order issued under this section. (G) Whoever violates division (F) of this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense. Sec. 955.261. (A)(1) No person shall remove a dog that has bitten any person from the county in which the bite occurred until a quarantine period as specified in division (B) of this section has been completed. No person shall transfer a dog that has bitten any person until a quarantine period as specified in division (B) of 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)(2)(b) of this section, no 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 S. B. No. 185 Page 60 As Introduced person shall kill a dog that has bitten any person until a quarantine period as specified in division (B) of this section has been completed. (b) Division (A)(2)(a) of this section does not apply to the killing of a dog in order to prevent further injury or death or if the dog is diseased or seriously injured. (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 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 occurred of the facts relative to the bite and the killing; (b) Hold the body of the dog until that board of health claims it to perform tests for rabies. (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) Upon the receipt of a notification pursuant to division (A)(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 occurred shall claim the body of the dog from its killer and then perform tests on the body for rabies. 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 S. B. No. 185 Page 61 As Introduced (D) 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, 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) As used in this section, "police dog" has the same meaning as in section 2921.321 of the Revised Code Whoever recklessly violates this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense . Sec. 955.40 955.262. Any corporation which violates section 955.39 955.26 of the Revised Code shall forfeit and pay to the municipal corporation a sum not to exceed three hundred dollars, to be collected in a civil action brought in the name of the municipal corporation. The judgment authorized in this section being in the nature of a penalty, or exemplary damages, no proof of actual damages shall be required, but the court or jury, finding other facts to justify recovery, shall determine the amount by reference to all the facts, culpatory, exculpatory, or extenuating, adduced at the trial. Sec. 955.43. (A) As used in this section, "institutions of education" means any of the following: 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 S. B. No. 185 Page 62 As Introduced (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. (B) When a person who is blind, deaf, or hearing impaired, a person with a mobility impairment, or a trainer of an assistance dog is accompanied by an assistance dog, the person or 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 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 S. B. No. 185 Page 63 As Introduced nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog. (B) (C) No person shall recklessly deprive a person who is blind, deaf, or hearing impaired, a person who has a mobility impairment, or a trainer of an assistance dog when the person or trainer, as applicable, is accompanied by an assistance dog of any of the advantages, facilities, or privileges provided in division (A)(B) of this section, and no person shall charge the person or trainer a fee or charge for the dog . (D) Whoever violates division (C) of this section is guilty of a misdemeanor of the fourth degree . (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. All fines collected for violations of sections 955.02, 955.09, 955.10, 955.11, 955.21955.12, 955.22955.21, 955.24, 955.23, 955.25, and 955.261 of the Revised 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 S. B. No. 185 Page 64 As Introduced Code shall be deposited in the county treasury to the credit of the dog and kennel fund. Sec. 955.50. (A) No person shall sell, offer to sell, or expose for sale, for the purpose of resale or receive for delivery within this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail, any dog under the age of eight weeks. (B) No person shall receive from outside this state, or ship from any point within this state to any point outside this state, for sale to the general public at retail, any dog that is not accompanied by a certificate, issued by a licensed veterinarian who is accredited by the United States department of agriculture and authorized to issue health certificates for animals in interstate commerce, certifying that the dog is sufficiently sound and healthy to be reasonably expected to withstand the intended transportation without adverse effect. (C) This section does not apply to the transportation of dogs in interstate commerce by common carrier, provided that neither the point of shipment nor the point of receiving is within this state. (D) No person responsible for the transportation of a pregnant dog to any point within this state or from any point within this state to any point outside this state shall be liable in damages for any injury to or illness of, or the death of, the dog or any puppies, whenevr whenever the injury, illness, or death results from the birth of such puppies during the time the dog is being transported. (E) Whoever recklessly violates this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 S. B. No. 185 Page 65 As Introduced the fourth degree on each subsequent offense. Sec. 955.54. (A) No person who is convicted of or pleads guilty to a felony offense of violence committed on or after the effective date of this section May 22, 2012, or a felony violation of any provision of Chapter 959., 2923., or 2925. of the Revised Code committed on or after the effective date of this section May 22, 2012, shall knowingly own, possess, have custody of, or reside in a residence with either any of the following for a period of three years commencing either upon the date of release of the person from any period of incarceration imposed for the offense or violation or, if the person is not incarcerated for the offense or violation, upon the date of that the person's final release from the other sanctions imposed for person plead guilty to or was convicted of the offense or violation: (1) An unspayed or unneutered dog older than twelve weeks of age; (2) Any dog that has been determined to be a dangerous dog or vicious dog under Chapter 955. of the Revised Code ; (3) Any dog that does not have a permanently implanted microchip that has an identification number that is unique to the microchip. (B) A person described in division (A) of this section shall microchip for permanent identification any dog owned, possessed by, or in the custody of the person. (C)(1) Division (A) of this section does not apply to any person who is confined in a correctional institution of the department of rehabilitation and correction. (2) Division (A) of this section does not apply to any 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 S. B. No. 185 Page 66 As Introduced person with respect to any dog that the person owned, possessed, had custody of, or resided in a residence with prior to the effective date of this section May 22, 2012. (C) Whoever recklessly violates this section is guilty of a misdemeanor of the first degree. Sec. 955.60. (A) Any person authorized to enforce this chapter shall investigate any complaint that indicates a possible violation of any provision of this chapter involving a dog. (B) If, after investigating an alleged violation of this chapter under division (A) of this section, an authorized person does not cite a person for or charge a person with a violation, the authorized person shall notify, in accordance with division (C) of this section, the owner, keeper, or harborer of the dog that there has been a complaint regarding the dog and that the authorized person investigated a possible violation. The notice shall specify both of the following: (1) A citation to the applicable provision or provisions of law at issue; (2) Contact information for the authorized person. (C) The authorized person shall post the notice on the door of the dwelling at which the dog resides within twenty-four hours after the authorized person concludes the investigation. Sec. 959.132. (A) As used in this section: "Companion animal" has the same meaning as in section 959.131 of the Revised Code. "Impounding agency" means a county humane society organized under section 1717.05 of the Revised Code, an animal 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 S. B. No. 185 Page 67 As Introduced shelter, or a law enforcement agency that has impounded a companion animal in accordance with this section. "Offense" means a violation of Chapter 959. of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate Chapter 959. of the Revised Code. "Officer" means any law enforcement officer, humane society agent, or other person appointed to act as an 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 an animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound an 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 an 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 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 animal not later than twenty-four hours after the animal was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the 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 1902 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 S. B. No. 185 Page 68 As Introduced officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the animal was impounded. (D) An 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 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 an animal had probable cause to seize the animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is necessary and reasonable to provide for the animal's care and keeping for not less than thirty days beginning on the date on which the 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 animal to its owner if possible. If the animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the 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 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 animal, as applicable. 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 S. B. No. 185 Page 69 As Introduced The requirement established in division (E)(2) of this section regarding the payment of the reasonable market value of the animal shall not apply in the case of a dog that, in violation of section 955.01 955.02 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 animal's care and keeping for not less than thirty days beginning on the date on which the 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 necessary and reasonable to provide for the 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 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 an animal involved in the applicable offense, provided that the costs were incurred during the 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 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 S. B. No. 185 Page 70 As Introduced possession, title, custody, or care of the animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the animal. (G) If a person is found not guilty of committing an offense, the court immediately shall order the impounding agency to return the 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 animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the 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 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 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 animal shall not apply in the case of a dog that, in violation of section 955.01 955.02 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 (D)(2), (D)(3), (E)(2), (E) (3), (F)(2), or (F)(3) of section 959.131 of the Revised Code 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 S. B. No. 185 Page 71 As Introduced 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. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state. (2) Every person on active duty in the armed forces of the United States, while on leave or furlough, may take or catch fish of the kind lawfully permitted to be taken or caught within the state, may hunt any wild bird or wild quadruped lawfully permitted to be hunted within the state, and may trap fur- bearing animals lawfully permitted to be trapped within the state, without procuring a fishing license, a hunting license, a fur taker permit, or a wetlands habitat stamp required by this chapter, provided that the person shall carry on the person when fishing, hunting, or trapping, a card or other evidence identifying the person as being on active duty in the armed 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 S. B. No. 185 Page 72 As Introduced forces of the United States, and provided that the person is not otherwise violating any of the hunting, fishing, and trapping laws of this state. In order to hunt deer or wild turkey, any such person shall obtain a deer or wild turkey permit, as applicable, under section 1533.11 of the Revised Code. Such a person is eligible to obtain a deer or wild turkey permit at the resident rate, regardless of whether the person is a resident of this state. However, the person need not obtain a hunting license in order to obtain such a permit. (B) The chief of the division of wildlife shall provide by rule adopted under section 1531.10 of the Revised Code all of the following: (1) Every resident of this state with a disability that has been determined by the veterans administration to be permanently and totally disabling, who receives a pension or compensation from the veterans administration, and who received an honorable discharge from the armed forces of the United States, and every veteran to whom the registrar of motor vehicles has issued a set of license plates under section 4503.41 of the Revised Code, shall be issued a fishing license, hunting license, fur taker permit, deer or wild turkey permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief. (2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting license, fur taker permit, deer or wild turkey permit, 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 S. B. No. 185 Page 73 As Introduced or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. (3) Every resident of state or county institutions, charitable institutions, and military homes in this state shall be issued an annual fishing license free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. (4) As used in division (B)(4) of this section, "blind" and "person with a mobility impairment" have the same meanings as in section 955.011 955.021 of the Revised Code. Any person with a mobility impairment or blind person who is a resident of this state and who is unable to engage in fishing without the assistance of another person shall be issued an annual fishing license free of charge when application is made to the chief in the manner prescribed by and on forms provided by the chief. The person who is assisting the person with a mobility impairment or blind person may assist in taking or catching fish of the kind permitted to be taken or caught without procuring the license required under section 1533.32 of the Revised Code, provided that only one line is used by both persons. (5) As used in division (B)(5) of this section, "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated, and incarcerated by an enemy of the United States. Any person who has been a prisoner of war, was honorably 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 S. B. No. 185 Page 74 As Introduced discharged from the military forces, and is a resident of this state shall be issued a fishing license, hunting license, fur taker permit, or wetlands habitat stamp, or any combination of those licenses, permits, and stamp, free of charge on an annual, multi-year, or lifetime basis as determined appropriate by the chief when application is made to the chief in the manner prescribed by and on forms provided by the chief. (C) The chief shall adopt rules pursuant to section 1531.08 of the Revised Code designating not more than two days, which need not be consecutive, in each year as "free sport fishing days" on which any resident may exercise the privileges accorded the holder of a fishing license issued under section 1533.32 of the Revised Code without procuring such a license, provided that the person is not otherwise violating any of the fishing laws of this state. Sec. 1901.18. (A) Except as otherwise provided in this division or section 1901.181 of the Revised Code, subject to the monetary jurisdiction of municipal courts as set forth in section 1901.17 of the Revised Code, a municipal court has original jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions: (1) In any civil action, of whatever nature or remedy, of which judges of county courts have jurisdiction; (2) In any action or proceeding at law for the recovery of money or personal property of which the court of common pleas has jurisdiction; (3) In any action at law based on contract, to determine, preserve, and enforce all legal and equitable rights involved in 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 S. B. No. 185 Page 75 As Introduced the contract, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties to the contract; (4) In any action or proceeding for the sale of personal property under chattel mortgage, lien, encumbrance, or other charge, for the foreclosure and marshalling of liens on personal property of that nature, and for the rendering of personal judgment in the action or proceeding; (5) In any action or proceeding to enforce the collection of its own judgments or the judgments rendered by any court within the territory to which the municipal court has succeeded, and to subject the interest of a judgment debtor in personal property to satisfy judgments enforceable by the municipal court; (6) In any action or proceeding in the nature of interpleader; (7) In any action of replevin; (8) In any action of forcible entry and detainer; (9) In any action concerning the issuance and enforcement of temporary protection orders pursuant to section 2919.26 of the Revised Code or protection orders pursuant to section 2903.213 of the Revised Code or the enforcement of protection orders issued by courts of another state, as defined in section 2919.27 of the Revised Code; (10) If the municipal court has a housing or environmental division, in any action over which the division is given jurisdiction by section 1901.181 of the Revised Code, provided that, except as specified in division (B) of that section, no 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 S. B. No. 185 Page 76 As Introduced judge of the court other than the judge of the division shall hear or determine any action over which the division has jurisdiction; (11) In any action brought pursuant to division (I) of section 4781.40 of the Revised Code, if the residential premises that are the subject of the action are located within the territorial jurisdiction of the court; (12) In any civil action as described in division (B)(1) of section 3767.41 of the Revised Code that relates to a public nuisance, and, to the extent any provision of this chapter conflicts or is inconsistent with a provision of that section, the provision of that section shall control in the civil action; (13) In a proceeding brought pursuant to section 955.222 955.23 of the Revised Code by the owner of a dog that has been designated as a nuisance dog, dangerous dog, or vicious dog; (14) In every civil action concerning a violation of a state traffic law or a municipal traffic ordinance. (B) The Cleveland municipal court also shall have jurisdiction within its territory in all of the following actions or proceedings and to perform all of the following functions: (1) In all actions and proceedings for the sale of real property under lien of a judgment of the municipal court or a lien for machinery, material, or fuel furnished or labor performed, irrespective of amount, and, in those actions and proceedings, the court may proceed to foreclose and marshal all liens and all vested or contingent rights, to appoint a receiver, and to render personal judgment irrespective of amount in favor of any party. 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 S. B. No. 185 Page 77 As Introduced (2) In all actions for the foreclosure of a mortgage on real property given to secure the payment of money or the enforcement of a specific lien for money or other encumbrance or charge on real property, when the amount claimed by the plaintiff does not exceed fifteen thousand dollars and the real property is situated within the territory, and, in those actions, the court may proceed to foreclose all liens and all vested and contingent rights and may proceed to render judgments and make findings and orders between the parties in the same manner and to the same extent as in similar actions in the court of common pleas. (3) In all actions for the recovery of real property situated within the territory to the same extent as courts of common pleas have jurisdiction; (4) In all actions for injunction to prevent or terminate violations of the ordinances and regulations of the city of Cleveland enacted or promulgated under the police power of the city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio Constitution, over which the court of common pleas has or may have jurisdiction, and, in those actions, the court may proceed to render judgments and make findings and orders in the same manner and to the same extent as in similar actions in the court of common pleas. (C) As used in this section, "violation of a state traffic law or a municipal traffic ordinance" has the same meaning as in section 1901.20 of the Revised Code. Sec. 1907.031. (A) Except as otherwise provided in section 1907.03 of the Revised Code and in addition to the jurisdiction authorized in other sections of this chapter and in section 1909.11 of the Revised Code, a county court has original 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2215 2216 2217 2218 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 S. B. No. 185 Page 78 As Introduced jurisdiction within its district in all of the following actions or proceedings and to perform all of the following functions: (1) In an action or proceeding at law for the recovery of money or personal property of which the court of common pleas has jurisdiction; (2) In an action at law based on contract, to determine, preserve, and enforce all legal and equitable rights involved in the contract, to decree an accounting, reformation, or cancellation of the contract, and to hear and determine all legal and equitable remedies necessary or proper for a complete determination of the rights of the parties to the contract; (3) In an action or proceeding for the sale of personal property under chattel mortgage, lien, encumbrance, or other charge, for the foreclosure and marshalling of liens on the personal property, and for the rendering of personal judgment in the action or proceeding; (4) In an action or proceeding to enforce the collection of its own judgments and to subject the interest of a judgment debtor in personal property to satisfy judgments enforceable by the county court; (5) In an action or proceeding in the nature of interpleader; (6) In an action of forcible entry and detainer; (7) In a proceeding brought pursuant to section 955.222 955.23 of the Revised Code by the owner of a dog that has been designated as a nuisance dog, dangerous dog, or vicious dog; (8) In every civil action or proceeding concerning a violation of a state traffic law or a municipal traffic 2230 2231 2232 2233 2234 2235 2236 2237 2238 2239 2240 2241 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 2252 2253 2254 2255 2256 2257 S. B. No. 185 Page 79 As Introduced ordinance. (B) A county court has original jurisdiction in civil actions as described in division (B)(1) of section 3767.41 of the Revised Code that relate to a public nuisance. To the extent any provision of this chapter conflicts or is inconsistent with a provision of that section, the provision of that section shall control in such a civil action. (C) As used in this section, "violation of a state traffic law or a municipal traffic ordinance" has the same meaning as in section 1901.20 of the Revised Code. Sec. 2913.01. As used in this chapter, unless the context requires that a term be given a different meaning: (A) "Deception" means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact. (B) "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another. (C) "Deprive" means to do any of the following: (1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration; (2) Dispose of property so as to make it unlikely that the 2258 2259 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 2271 2272 2273 2274 2275 2276 2277 2278 2279 2280 2281 2282 2283 2284 2285 S. B. No. 185 Page 80 As Introduced owner will recover it; (3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration. (D) "Owner" means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful. (E) "Services" include labor, personal services, professional services, rental services, public utility services including wireless service as defined in division (F)(1) of section 128.01 of the Revised Code, common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of section 2913.04 of the Revised Code, include cable services as defined in that section. (F) "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification. (G) "Forge" means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct. 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 S. B. No. 185 Page 81 As Introduced (H) "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver, or display. (I) "Coin machine" means any mechanical or electronic device designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license. (J) "Slug" means an object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose. (K) "Theft offense" means any of the following: (1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.08, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former section 2913.47 or 2913.48, or section 2913.51, 2915.05, or 2921.41 of the Revised Code; (2) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, substantially equivalent to any section listed in division (K)(1) of this section or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal ordinance or law of this or any other state, or of the United 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 2327 2328 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 2341 2342 S. B. No. 185 Page 82 As Introduced States, involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (K)(1), (2), or (3) of this section. (L) "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network. (M) "Computer" means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature. (N) "Computer system" means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks. (O) "Computer network" means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities. (P) "Computer program" means an ordered set of data 2343 2344 2345 2346 2347 2348 2349 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 2371 S. B. No. 185 Page 83 As Introduced representing coded instructions or statements that, when executed by a computer, cause the computer to process data. (Q) "Computer software" means computer programs, procedures, and other documentation associated with the operation of a computer system. (R) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, "data" has the additional meaning set forth in division (A) of that section. (S) "Cable television service" means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system. (T) "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code. (U) "Credit card" includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code. 2372 2373 2374 2375 2376 2377 2378 2379 2380 2381 2382 2383 2384 2385 2386 2387 2388 2389 2390 2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 S. B. No. 185 Page 84 As Introduced (V) "Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. (W) "Rented property" means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property. (X) "Telecommunication" means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. (Y) "Telecommunications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem. (Z) "Telecommunications service" means the providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system. (AA) "Counterfeit telecommunications device" means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, 2401 2402 2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 S. B. No. 185 Page 85 As Introduced manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. "Counterfeit telecommunications device" includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone. (BB)(1) "Information service" means, subject to division (BB)(2) of this section, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including, but not limited to, electronic publishing. (2) "Information service" does not include any use of a capability of a type described in division (BB)(1) of this section for the management, control, or operation of a telecommunications system or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five years of age or older. (DD) "Disabled adult" means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able 2430 2431 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 S. B. No. 185 Page 86 As Introduced to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code. (II)(1) "Computer hacking" means any of the following: (a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime; (b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, "misuse of computer and network services" includes, but is not limited to, the unauthorized use of any of the following: (i) Mail transfer programs to send mail to persons other 2460 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2480 2481 2482 2483 2484 2485 2486 2487 S. B. No. 185 Page 87 As Introduced than the authorized users of that computer or computer network; (ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks; (iii) Web servers to redirect users to other web pages or web servers. (c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as "port scanners" or "probes" to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access. (ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, 2488 2489 2490 2491 2492 2493 2494 2495 2496 2497 2498 2499 2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517 S. B. No. 185 Page 88 As Introduced management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called "ping," "tcpdump," and "traceroute" and other network monitoring and management computer software, and computer programs commonly known as "nslookup" and "whois" and other systems administration computer software. (d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent. (2) "Computer hacking" does not include the introduction of a computer contaminant, as defined in section 2909.01 of the Revised Code, into a computer, computer system, computer program, or computer network. (JJ) "Police dog or horse" has the same meaning as in section 2921.321 of the Revised Code. (KK) "Anhydrous ammonia" is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen. (LL) "Assistance dog" has the same meaning as in section 955.011 955.021 of the Revised Code. (MM) "Federally licensed firearms dealer" has the same 2518 2519 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535 2536 2537 2538 2539 2540 2541 2542 2543 2544 2545 2546 S. B. No. 185 Page 89 As Introduced meaning as in section 5502.63 of the Revised Code. (NN) "Active duty service member" means any member of the armed forces of the United States performing active duty under title 10 of the United States Code. Sec. 2921.321. (A) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances: (1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted. (2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse. (B) No person shall recklessly do any of the following: (1) Taunt, torment, or strike a police dog or horse; (2) Throw an object or substance at a police dog or horse; (3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following: (a) Inhibits or restricts the law enforcement officer's control of the police dog or horse; (b) Deprives the law enforcement officer of control of the police dog or horse; (c) Releases the police dog or horse from its area of 2547 2548 2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571 2572 2573 S. B. No. 185 Page 90 As Introduced control; (d) Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area; (e) Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer. (4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse; (5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct, the police dog or horse is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse. (C) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances: (1) The dog, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment. (2) The dog, at the time the physical harm is caused or attempted, is not assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment, but the offender has actual knowledge that the dog is an assistance dog. (D) No person shall recklessly do any of the following: 2574 2575 2576 2577 2578 2579 2580 2581 2582 2583 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 2601 S. B. No. 185 Page 91 As Introduced (1) Taunt, torment, or strike an assistance dog; (2) Throw an object or substance at an assistance dog; (3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a person who is blind, deaf, or hearing impaired or a person with a mobility impairment who is being assisted or served by an assistance dog, in a manner that does any of the following: (a) Inhibits or restricts the assisted or served person's control of the dog; (b) Deprives the assisted or served person of control of the dog; (c) Releases the dog from its area of control; (d) Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area; (e) Inhibits or restricts the ability of the dog to assist the assisted or served person. (4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog; (5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment or that the person knows is an assistance dog. 2602 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 2626 2627 2628 S. B. No. 185 Page 92 As Introduced (E)(1) Whoever violates division (A) of this section is guilty of assaulting a police dog or horse, and shall be punished as provided in divisions (E)(1)(a) and (b) of this section. (a) Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, assaulting a police dog or horse is a felony of the third degree and the court shall impose as a mandatory prison term one of the definite prison terms prescribed in division (A) (3)(b) of section 2929.14 of the Revised Code for a felony of the third degree. If the violation results in serious physical harm to the police dog or horse other than its death, assaulting a police dog or horse is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. (b) In addition to any other sanction imposed for assaulting a police dog or horse, if the violation of division (A) of this section results in the death of the police dog or horse, the sentencing court shall impose as a financial sanction a mandatory fine under division (B)(10) of section 2929.18 of the Revised Code. The fine shall be paid to the law enforcement agency that was served by the police dog or horse that was killed, and shall be used by that agency only for one or more of the following purposes: (i) If the dog or horse was not owned by the agency, the payment to the owner of the dog or horse of the cost of the dog or horse and the cost of the training of the dog or horse to qualify it as a police dog or horse, if that cost has not 2629 2630 2631 2632 2633 2634 2635 2636 2637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2653 2654 2655 2656 2657 2658 S. B. No. 185 Page 93 As Introduced previously been paid by the agency; (ii) After payment of the costs described in division (E) (1)(b)(i) of this section, if applicable, payment of the cost of replacing the dog or horse that was killed; (iii) After payment of the costs described in division (E) (1)(b)(i) of this section, if applicable, payment of the cost of training the replacement dog or horse to qualify it as a police dog or horse; (iv) After payment of the costs described in division (E) (1)(b)(i) of this section, if applicable, payment of the cost of further training of the replacement dog or horse that is needed to train it to the level of training that had been achieved by the dog or horse that was killed. (2) Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided in this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, harassing a police dog or horse is a felony of the third degree. If the violation results in serious physical harm to the police dog or horse, but does not result in its death, harassing a police dog or horse, is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse, but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. (3) Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in 2659 2660 2661 2662 2663 2664 2665 2666 2667 2668 2669 2670 2671 2672 2673 2674 2675 2676 2677 2678 2679 2680 2681 2682 2683 2684 2685 2686 2687 S. B. No. 185 Page 94 As Introduced the death of the assistance dog, assaulting an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog other than its death, assaulting an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. (4) Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, harassing an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog, but does not result in its death, harassing an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog, but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. (5) In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929., or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following: (a) Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance 2688 2689 2690 2691 2692 2693 2694 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 2706 2707 2708 2709 2710 2711 2712 2713 2714 2715 2716 2717 S. B. No. 185 Page 95 As Introduced dog regarding a violation of division (C) or (D) of this section; (b) The cost of any damaged equipment that results from the violation; (c) If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog; (d) If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation. (F) This section does not apply to a licensed veterinarian whose conduct is in accordance with Chapter 4741. of the Revised Code. 2718 2719 2720 2721 2722 2723 2724 2725 2726 2727 2728 2729 2730 2731 2732 2733 2734 2735 2736 2737 2738 2739 2740 2741 2742 2743 2744 2745 2746 2747 S. B. No. 185 Page 96 As Introduced (G) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog. (H) As used in this section: (1) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration. (2) "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties. (3) "Serious physical harm" means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; (c) Any physical harm that causes acute pain of a duration that results in substantial suffering. (4) "Assistance dog," "blind," and "person with a mobility impairment" have the same meanings as in section 955.011 955.021 of the Revised Code. Section 2. That existing sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011, 955.012, 955.013, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.09, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321 of the Revised Code are hereby repealed. 2748 2749 2750 2751 2752 2753 2754 2755 2756 2757 2758 2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 2771 2772 2773 2774 S. B. No. 185 Page 97 As Introduced Section 3. That sections 955.08, 955.21, 955.23, 955.24, 955.25, 955.39, 955.51, 955.52, 955.53, and 955.99 of the Revised Code are hereby repealed. Section 4. The owner of a dog who holds a valid dangerous dog registration certificate for the dog that was issued under division (I) of section 955.22 of the Revised Code as that section existed prior to its amendment by this act shall renew the certificate beginning on the first day of December of the year in which this section takes effect, but not later than the thirty-first day of January of the subsequent year regardless of when the owner would have been required to renew the certificate under former law. Except as otherwise provided in this section, the owner shall file the application in accordance with section 955.02 of the Revised Code as amended by this act. If the renewal required by this section results in a reduction of the registration period for which the owner paid fifty dollars under former law, the owner shall pay a registration fee for the renewal required by this section in an amount that is prorated as determined by the county auditor of the county in which the owner resides. Thereafter, the owner shall renew the dangerous dog registration certificate in accordance with section 955.02 of the Revised Code as amended by this act. 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784 2785 2786 2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797