Bill Text: OH HB541 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To revise provisions of the Dogs Law governing nuisance, dangerous, and vicious dogs and confinement and restraint of dogs, to revise enforcement of that Law, to require the Attorney General to establish a registry of violations of that Law and related complaints, and to establish a notification process regarding complaints.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-19 - To Agriculture and Natural Resources [HB541 Detail]

Download: Ohio-2013-HB541-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 541

Representatives Winburn, Blair 

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A BILL

To amend sections 109.73, 955.11, 955.12, 955.22,

1

955.222, and 955.99 and to enact sections 955.13,

2

955.223, and 955.60 of the Revised Code to revise

3

provisions of the Dogs Law governing nuisance,

4

dangerous, and vicious dogs and confinement and

5

restraint of dogs, to revise enforcement of that

6

Law, to require the Attorney General to establish

7

a registry of violations of that Law and related

8

complaints, and to establish a notification

9

process regarding complaints.

10

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

Section 1.  That sections 109.73, 955.11, 955.12, 955.22,	11
955.222, and 955.99 be amended and sections 955.13, 955.223, and	12
955.60 of the Revised Code be enacted to read as follows:	13

Sec. 109.73.  (A) The Ohio peace officer training commission	14
shall recommend rules to the attorney general with respect to all	15
of the following:	16

(1) The approval, or revocation of approval, of peace officer	17
training schools administered by the state, counties, municipal	18
corporations, public school districts, technical college	19
districts, and the department of natural resources;	20

(2) Minimum courses of study, attendance requirements, and	21
equipment and facilities to be required at approved state, county,	22
municipal, and department of natural resources peace officer	23
training schools;	24

(3) Minimum qualifications for instructors at approved state,	25
county, municipal, and department of natural resources peace	26
officer training schools;	27

(4) The requirements of minimum basic training that peace	28
officers appointed to probationary terms shall complete before	29
being eligible for permanent appointment, which requirements shall	30
include training in the handling of the offense of domestic	31
violence, other types of domestic violence-related offenses and	32
incidents, and protection orders and consent agreements issued or	33
approved under section 2919.26 or 3113.31 of the Revised Code;	34
crisis intervention training; and training in the handling of	35
missing children and child abuse and neglect cases; and training	36
in handling violations of section 2905.32 of the Revised Code; and	37
the time within which such basic training shall be completed	38
following appointment to a probationary term;	39

(5) The requirements of minimum basic training that peace	40
officers not appointed for probationary terms but appointed on	41
other than a permanent basis shall complete in order to be	42
eligible for continued employment or permanent appointment, which	43
requirements shall include training in the handling of the offense	44
of domestic violence, other types of domestic violence-related	45
offenses and incidents, and protection orders and consent	46
agreements issued or approved under section 2919.26 or 3113.31 of	47
the Revised Code, crisis intervention training, and training in	48
the handling of missing children and child abuse and neglect	49
cases, and training in handling violations of section 2905.32 of	50
the Revised Code, and the time within which such basic training	51
shall be completed following appointment on other than a permanent	52
basis;	53

(6) Categories or classifications of advanced in-service	54
training programs for peace officers, including programs in the	55
handling of the offense of domestic violence, other types of	56
domestic violence-related offenses and incidents, and protection	57
orders and consent agreements issued or approved under section	58
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	59
and in the handling of missing children and child abuse and	60
neglect cases, and in handling violations of section 2905.32 of	61
the Revised Code, and minimum courses of study and attendance	62
requirements with respect to such categories or classifications;	63

(7) Permitting persons, who are employed as members of a	64
campus police department appointed under section 1713.50 of the	65
Revised Code; who are employed as police officers by a qualified	66
nonprofit corporation police department pursuant to section	67
1702.80 of the Revised Code; who are appointed and commissioned as	68
bank, savings and loan association, savings bank, credit union, or	69
association of banks, savings and loan associations, savings	70
banks, or credit unions police officers, as railroad police	71
officers, or as hospital police officers pursuant to sections	72
4973.17 to 4973.22 of the Revised Code; or who are appointed and	73
commissioned as amusement park police officers pursuant to section	74
4973.17 of the Revised Code, to attend approved peace officer	75
training schools, including the Ohio peace officer training	76
academy, and to receive certificates of satisfactory completion of	77
basic training programs, if the private college or university that	78
established the campus police department; qualified nonprofit	79
corporation police department; bank, savings and loan association,	80
savings bank, credit union, or association of banks, savings and	81
loan associations, savings banks, or credit unions; railroad	82
company; hospital; or amusement park sponsoring the police	83
officers pays the entire cost of the training and certification	84
and if trainee vacancies are available;	85

(8) Permitting undercover drug agents to attend approved	86
peace officer training schools, other than the Ohio peace officer	87
training academy, and to receive certificates of satisfactory	88
completion of basic training programs, if, for each undercover	89
drug agent, the county, township, or municipal corporation that	90
employs that undercover drug agent pays the entire cost of the	91
training and certification;	92

(9)(a) The requirements for basic training programs for	93
bailiffs and deputy bailiffs of courts of record of this state and	94
for criminal investigators employed by the state public defender	95
that those persons shall complete before they may carry a firearm	96
while on duty;	97

(b) The requirements for any training received by a bailiff	98
or deputy bailiff of a court of record of this state or by a	99
criminal investigator employed by the state public defender prior	100
to June 6, 1986, that is to be considered equivalent to the	101
training described in division (A)(9)(a) of this section.	102

(10) Establishing minimum qualifications and requirements for	103
certification for dogs utilized by law enforcement agencies;	104

(11) Establishing minimum requirements for certification of	105
persons who are employed as correction officers in a full-service	106
jail, five-day facility, or eight-hour holding facility or who	107
provide correction services in such a jail or facility;	108

(12) Establishing requirements for the training of agents of	109
a county humane society under section 1717.06 of the Revised Code,	110
including, without limitation, a requirement that the agents	111
receive instruction on traditional animal husbandry methods and	112
training techniques, including customary owner-performed	113
practices;	114

(13) Establishing requirements for the training of dog	115
wardens and deputies for the purposes of division (E) of section	116
955.12 of the Revised Code.	117

(B) The commission shall appoint an executive director, with	118
the approval of the attorney general, who shall hold office during	119
the pleasure of the commission. The executive director shall	120
perform such duties assigned by the commission. The executive	121
director shall receive a salary fixed pursuant to Chapter 124. of	122
the Revised Code and reimbursement for expenses within the amounts	123
available by appropriation. The executive director may appoint	124
officers, employees, agents, and consultants as the executive	125
director considers necessary, prescribe their duties, and provide	126
for reimbursement of their expenses within the amounts available	127
for reimbursement by appropriation and with the approval of the	128
commission.	129

(C) The commission may do all of the following:

130

(1) Recommend studies, surveys, and reports to be made by the	131
executive director regarding the carrying out of the objectives	132
and purposes of sections 109.71 to 109.77 of the Revised Code;	133

(2) Visit and inspect any peace officer training school that	134
has been approved by the executive director or for which	135
application for approval has been made;	136

(3) Make recommendations, from time to time, to the executive	137
director, the attorney general, and the general assembly regarding	138
the carrying out of the purposes of sections 109.71 to 109.77 of	139
the Revised Code;	140

(4) Report to the attorney general from time to time, and to	141
the governor and the general assembly at least annually,	142
concerning the activities of the commission;	143

(5) Establish fees for the services the commission offers	144
under sections 109.71 to 109.79 of the Revised Code, including,	145
but not limited to, fees for training, certification, and testing;	146

(6) Perform such other acts as are necessary or appropriate	147
to carry out the powers and duties of the commission as set forth	148
in sections 109.71 to 109.77 of the Revised Code.	149

(D) In establishing the requirements, under division (A)(12)	150
of this section, the commission may consider any portions of the	151
curriculum for instruction on the topic of animal husbandry	152
practices, if any, of the Ohio state university college of	153
veterinary medicine. No person or entity that fails to provide	154
instruction on traditional animal husbandry methods and training	155
techniques, including customary owner-performed practices, shall	156
qualify to train a humane agent for appointment under section	157
1717.06 of the Revised Code.	158

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

159

(1)(a) "Dangerous dog" means a dog that, without provocation,	160
and subject to division (A)(1)(b) of this section, has done any of	161
the following:	162

(i) Caused injury, other than killing or serious injury,	163
other than killing, to any person;	164

(ii) Killed another dogCaused injury or serious injury,	165
other than killing, to any companion animal;	166

(iii) Been the subject of a third or subsequent violation of	167
division (C) of section 955.22 of the Revised Code.	168

(b) "Dangerous dog" does not include aeither of the	169
following:	170

(i) A police dog that has caused injury, other than killing	171
or serious injury, other than killing, to any person or has killed	172
another dogany companion animal while the police dog is being	173
used to assist one or more law enforcement officers in the	174
performance of their official duties;	175

(ii) A dog that has caused injury or serious injury to any	176
person while a person was committing or attempting to commit a	177
trespass or other criminal offense on the property of the owner,	178
keeper, or harborer of the dog.	179

(2) "Menacing fashion" means that a dog would cause any	180
person being chased or approached to reasonably believe that the	181
dog will cause physical injury to that person.	182

(3)(a) Subject to division (A)(3)(b) of this section,	183
"nuisanceNuisance dog" means a dog that without provocation and	184
while off the premises of its owner, keeper, or harborer has	185
chased or approached a person in either a menacing fashion or an	186
apparent attitude of attack or has attempted to bite or otherwise	187
endanger any person.	188

(b) "Nuisance dog" does not include a police dog that while	189
being used to assist one or more law enforcement officers in the	190
performance of official duties has chased or approached a person	191
in either a menacing fashion or an apparent attitude of attack or	192
has attempted to bite or otherwise endanger any person.	193

(4) "Police dog" means a dog that has been trained, and may	194
be used, to assist one or more law enforcement officers in the	195
performance of their official duties.	196

(5) "Serious injury" means any of the following:

197

(a) Any physical harm that carries a substantial risk of	198
death;	199

(b) Any physical harm that involves a permanent incapacity,	200
whether partial or total, or a temporary, substantial incapacity;	201

(c) Any physical harm that involves a permanent disfigurement	202
or a temporary, serious disfigurement;	203

(d) Any physical harm that involves acute pain of a duration	204
that results in substantial suffering or any degree of prolonged	205
or intractable pain.	206

(6)(a) "Vicious dog" means a dog that, without provocation	207
and subject to division (A)(6)(b) of this section, has killed or	208
caused serious injury to any person or any companion animal.	209

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

210

(i) A police dog that has killed or caused serious injury to	211
any person or companion animal while the police dog is being used	212
to assist one or more law enforcement officers in the performance	213
of their official duties;	214

(ii) A dog that has killed or caused serious injury to any	215
person or companion animal while a person was committing or	216
attempting to commit a trespass or other criminal offense on the	217
property of the owner, keeper, or harborer of the dog.	218

(7) "Without provocation" means that a dog was not teased,	219
tormented, or abused by a person, or that the dog was not coming	220
to the aid or the defense of a person who was not engaged in	221
illegal or criminal activity and who was not using the dog as a	222
means of carrying out such activity"Companion animal" has the	223
same meaning as in section 959.131 of the Revised Code.	224

(B) Upon the transfer of ownership of any dog, the seller of	225
the dog shall give the buyer a transfer of ownership certificate	226
that shall be signed by the seller. The certificate shall contain	227
the registration number of the dog, the name of the seller, and a	228
brief description of the dog. Blank forms of the certificate may	229
be obtained from the county auditor. A transfer of ownership shall	230
be recorded by the auditor upon presentation of a transfer of	231
ownership certificate that is signed by the former owner of a dog	232
and that is accompanied by a fee of five dollars.	233

(C) Prior to the transfer of ownership or possession of any	234
dog, upon the buyer's or other transferee's request, the seller or	235
other transferor of the dog shall give to the person a written	236
notice relative to the behavior and propensities of the dog.	237

(D) Within ten days after the transfer of ownership or	238
possession of any dog, if the seller or other transferor of the	239
dog has knowledge that the dog is a dangerous dog, the seller or	240
other transferor shall give to the buyer or other transferee, the	241
board of health for the district in which the buyer or other	242
transferee resides, and the dog warden of the county in which the	243
buyer or other transferee resides, a completed copy of a written	244
form on which the seller shall furnish the following information:	245

(1) The name and address of the buyer or other transferee of	246
the dog;	247

(2) The age, sex, color, breed, and current registration	248
number of the dog.	249

In addition, the seller shall answer the following questions,	250
which shall be specifically stated on the form as follows:	251

"Has the dog ever chased or attempted to attack or bite a	252
person? If yes, describe the incident(s) in which the behavior	253
occurred."	254

"Has the dog ever bitten a person? If yes, describe the	255
incident(s) in which the behavior occurred."	256

"Has the dog ever seriously injured or killed a person? If	257
yes, describe the incident(s) in which the behavior occurred."	258

The dog warden of the county in which the seller resides	259
shall furnish the form to the seller at no cost.	260

(E) No seller or other transferor of a dog shall fail to	261
comply with the applicable requirements of divisions (B) to (D) of	262
this section.	263

Sec. 955.12. (A) Except as provided in section 955.121 of	264
Revised Code, a board of county commissioners shall appoint or	265
employ a county dog warden and deputies in such number, for such	266
periods of time, and at such compensation as the board considers	267
necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38,	268
and 955.50 to 955.53955.60 of the Revised Code.	269

The warden and deputies shall give bond in a sum not less	270
than five hundred dollars and not more than two thousand dollars,	271
as set by the board, conditioned for the faithful performance of	272
their duties. The bond or bonds may, in the discretion of the	273
board, be individual or blanket bonds. The bonds shall be filed	274
with the county auditor of their respective counties.	275

(B) The warden and deputies shall make a record of all dogs	276
owned, kept, and harbored in their respective counties. They shall	277
patrol their respective counties and seize and impound on sight	278
all dogs found running at large and all dogs more than three	279
months of age found not wearing a valid registration tag, except	280
any dog that wears a valid registration tag and is: on the	281
premises of its owner, keeper, or harborer, under the reasonable	282
control of its owner or some other person, hunting with its owner	283
or its handler at a field trial, kept constantly confined in a dog	284
kennel registered under this chapter or one licensed under Chapter	285
956. of the Revised Code, or acquired by, and confined on the	286
premises of, an institution or organization of the type described	287
in section 955.16 of the Revised Code. A dog that wears a valid	288
registration tag may be seized on the premises of its owner,	289
keeper, or harborer and impounded only in the event of a natural	290
disaster.	291

(C) If a dog warden has reason to believe that a dog is being	292
treated inhumanely on the premises of its owner, keeper, or	293
harborer, the warden shall apply to the court of common pleas for	294
the county in which the premises are located for an order to enter	295
the premises, and if necessary, seize the dog. If the court finds	296
probable cause to believe that the dog is being treated	297
inhumanely, it shall issue such an order.	298

(D) The warden and deputies shall also investigate all claims	299
for damages to animals reported to them under section 955.29 of	300
the Revised Code and assist claimants to fill out the claim form	301
therefor. They shall make weekly reports, in writing, to the board	302
in their respective counties of all dogs seized, impounded,	303
redeemed, and destroyed and of all claims for damage to animals	304
inflicted by dogs.	305

(E) The wardens and deputies shall have the same police	306
powers, including the authority to make arrests, as are conferred	307
upon sheriffs and police officers in the performance of their	308
duties as prescribed by sections 955.01 to 955.27, 955.29 to	309
955.38, and 955.50 to 955.53, and 955.60 of the Revised Code. They	310
shall also have power to summon the assistance of bystanders in	311
performing their duties and may serve writs and other legal	312
processes issued by any court in their respective counties with	313
reference to enforcing those sections. County auditors may	314
deputize the wardens or deputies to issue dog licenses as provided	315
in sections 955.01 and 955.14 of the Revised Code.	316

(F) Whenever any person files an affidavit in a court of	317
competent jurisdiction that there is a dog running at large that	318
is not kept constantly confined either in a dog kennel registered	319
under this chapter or one licensed under Chapter 956. of the	320
Revised Code or on the premises of an institution or organization	321
of the type described in section 955.16 of the Revised Code or	322
that a dog is kept or harbored in the warden's jurisdiction	323
without being registered as required by law, the court shall	324
immediately order the warden to seize and impound the dog.	325
Thereupon the warden shall immediately seize and impound the dog	326
complained of. The warden shall give immediate notice by certified	327
mail to the owner, keeper, or harborer of the dog seized and	328
impounded by the warden, if the owner, keeper, or harborer can be	329
determined from the current year's registration list maintained by	330
the warden and the county auditor of the county where the dog is	331
registered, that the dog has been impounded and that, unless the	332
dog is redeemed within fourteen days of the date of the notice, it	333
may thereafter be sold or destroyed according to law. If the	334
owner, keeper, or harborer cannot be determined from the current	335
year's registration list maintained by the warden and the county	336
auditor of the county where the dog is registered, the officer	337
shall post a notice in the pound or animal shelter both describing	338
the dog and place where seized and advising the unknown owner	339
that, unless the dog is redeemed within three days, it may	340
thereafter be sold or destroyed according to law.	341

(G) As used in this section, "animal" has the same meaning as	342
in section 955.51 of the Revised Code.	343

Sec. 955.13.  (A) The attorney general shall establish and	344
maintain a registry of violations of this chapter and of	345
complaints regarding possible violations of it. The attorney	346
general shall make the registry available to the following	347
persons:	348

(1) State and local law enforcement officers;

349

(2) State and local humane society agents;

350

(3) Dog wardens and deputies.

351

(B) The registry shall include all of the following:

352

(1) Information regarding a dog that is the subject of a	353
violation or complaint, including the dog's breed, color, hair	354
type, gender, registration number, and name;	355

(2) Information regarding the owner of a dog identified under	356
division (B)(1) of this section, including the owner's name,	357
address, gender, and date of birth;	358

(3) Details of a complaint regarding a possible violation of	359
this chapter, if applicable;	360

(4) Details of a violation of this chapter, if applicable,	361
including the name, address, gender, and date of birth of any	362
victim of the violation;	363

(5) A description of any enforcement action taken;

364

(6) Any additional information that the attorney general	365
considers necessary.	366

(C) A person specified in division (A) of this section that	367
becomes aware of a violation of this chapter or of a complaint	368
regarding a possible violation of it shall enter into the registry	369
established under that division the information specified in	370
division (B) of this section regarding the violation or complaint.	371

Sec. 955.22.  (A) As used in this section, "dangerous dog"	372
has the same meaning as in section 955.11 of the Revised Code.	373

(B) No owner, keeper, or harborer of any female dog shall	374
permit itthe dog to go beyond the premises of the owner, keeper,	375
or harborer at any time the dog is in heat unless the dog is	376
properly in leash.	377

(C) Except when a dog is lawfully engaged in hunting and	378
accompanied by the owner, keeper, harborer, or handler of the dog,	379
no owner, keeper, or harborer of any dog shall fail at any time to	380
do either of the following:	381

(1) Keepkeep the dog physically confined or restrained upon	382
the premises of the owner, keeper, or harborer by a leash, tether,	383
adequate fence, supervision, or secure enclosure to prevent	384
escape;	385

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

386

(D) Except when a dangerous dog is lawfully engaged in	387
hunting or training for the purpose of hunting and is accompanied	388
by the owner, keeper, harborer, or handler of the dog, no owner,	389
keeper, or harborer of a dangerous dog shall fail to do either of	390
the following:	391

(1) While that dog is on the premises of the owner, keeper,	392
or harborer, securely confine it at all times in a locked pen that	393
has a top, locked fenced yard, or other locked enclosure that has	394
a top;	395

(2) While that dog is off the premises of the owner, keeper,	396
or harborer, keep that dog on a chain-link leash or tether that is	397
not more than six feet in length and additionally do at least one	398
of the following:	399

(a) Keep that dog in a locked pen that has a top, locked	400
fenced yard, or other locked enclosure that has a top;	401

(b) Have the leash or tether controlled by a person who is of	402
suitable age and discretion or securely attach, tie, or affix the	403
leash or tether to the ground or a stationary object or fixture so	404
that the dog is adequately restrained and station such a person in	405
close enough proximity to that dog so as to prevent it from	406
causing injury to any person;	407

(c) Muzzle that dog.

408

(E) No person who has been convicted of or pleaded guilty to	409
three or more violations of division (C) of this section involving	410
the same dog and no owner, keeper, or harborer of a dangerous dog	411
shall fail to do the following:	412

(1) Obtain liability insurance with an insurer authorized to	413
write liability insurance in this state providing coverage in each	414
occurrence because of damage or bodily injury to or death of a	415
person caused by the dangerous dog if so ordered by a court and	416
provide proof of that liability insurance upon request to any law	417
enforcement officer, county dog warden, or public health official	418
charged with enforcing this section;	419

(2) Obtain a dangerous dog registration certificate from the	420
county auditor pursuant to division (I) of this section, affix a	421
tag that identifies the dog as a dangerous dog to the dog's	422
collar, and ensure that the dog wears the collar and tag at all	423
times;	424

(3) Notify the local dog warden immediately if any of the	425
following occurs:	426

(a) The dog is loose or unconfined.

427

(b) The dog bites a person, unless the dog is on the property	428
of the owner of the dog, and the person who is bitten is	429
unlawfully trespassing or committing a criminal act within the	430
boundaries of that property.	431

(c) The dog attacks another animal while the dog is off the	432
property of the owner of the dog.	433

(4) If the dog is sold, given to another person, or dies,	434
notify the county auditor within ten days of the sale, transfer,	435
or death.	436

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

437

(1) Debark or surgically silence a dog that the person knows	438
or has reason to believe is a dangerous dog;	439

(2) Possess a dangerous dog if the person knows or has reason	440
to believe that the dog has been debarked or surgically silenced;	441

(3) Falsely attest on a waiver form provided by the	442
veterinarian under division (G) of this section that the person's	443
dog is not a dangerous dog or otherwise provide false information	444
on that written waiver form.	445

(G) Before a veterinarian debarks or surgically silences a	446
dog, the veterinarian may give the owner of the dog a written	447
waiver form that attests that the dog is not a dangerous dog. The	448
written waiver form shall include all of the following:	449

(1) The veterinarian's license number and current business	450
address;	451

(2) The number of the license of the dog if the dog is	452
licensed;	453

(3) A reasonable description of the age, coloring, and gender	454
of the dog as well as any notable markings on the dog;	455

(4) The signature of the owner of the dog attesting that the	456
owner's dog is not a dangerous dog;	457

(5) A statement that division (F) of section 955.22 of the	458
Revised Code prohibits any person from doing any of the following:	459

(a) Debarking or surgically silencing a dog that the person	460
knows or has reason to believe is a dangerous dog;	461

(b) Possessing a dangerous dog if the person knows or has	462
reason to believe that the dog has been debarked or surgically	463
silenced;	464

(c) Falsely attesting on a waiver form provided by the	465
veterinarian under division (G) of section 955.22 of the Revised	466
Code that the person's dog is not a dangerous dog or otherwise	467
provide false information on that written waiver form.	468

(H) It is an affirmative defense to a charge of a violation	469
of division (F) of this section that the veterinarian who is	470
charged with the violation obtained, prior to debarking or	471
surgically silencing the dog, a written waiver form that complies	472
with division (G) of this section and that attests that the dog is	473
not a dangerous dog.	474

(I)(1) The county auditor shall issue a dangerous dog	475
registration certificate to a person who is the owner of a dog,	476
who is eighteen years of age or older, and who provides the	477
following to the county auditor:	478

(a) A fee of fifty dollars;

479

(b) The person's address, phone number, and other appropriate	480
means for the local dog warden or county auditor to contact the	481
person;	482

(c) With respect to the person and the dog for which the	483
registration is sought, all of the following:	484

(i) Either satisfactory evidence of the dog's current rabies	485
vaccination or a statement from a licensed veterinarian that a	486
rabies vaccination is medically contraindicated for the dog;	487

(ii) Either satisfactory evidence of the fact that the dog	488
has been neutered or spayed or a statement from a licensed	489
veterinarian that neutering or spaying of the dog is medically	490
contraindicated;	491

(iii) Satisfactory evidence of the fact that the person has	492
posted and will continue to post clearly visible signs at the	493
person's residence warning both minors and adults of the presence	494
of a dangerous dog on the property;	495

(iv) Satisfactory evidence of the fact that the dog has been	496
permanently identified by means of a microchip and the dog's	497
microchip number.	498

(2) Upon the issuance of a dangerous dog registration	499
certificate to the owner of a dog, the county auditor shall	500
provide the owner with a uniformly designed tag that identifies	501
the animal as a dangerous dog. The owner shall renew the	502
certificate annually for the same fee and in the same manner as	503
the initial certificate was obtained. If a certificate holder	504
relocates to a new county, the certificate holder shall follow the	505
procedure in division (I)(3)(b) of this section and, upon the	506
expiration of the certificate issued in the original county, shall	507
renew the certificate in the new county.	508

(3)(a) If the owner of a dangerous dog for whom a	509
registration certificate has previously been obtained relocates to	510
a new address within the same county, the owner shall provide	511
notice of the new address to the county auditor within ten days of	512
relocating to the new address.	513

(b) If the owner of a dangerous dog for whom a registration	514
certificate has previously been obtained relocates to a new	515
address within another county, the owner shall do both of the	516
following within ten days of relocating to the new address:	517

(i) Provide written notice of the new address and a copy of	518
the original dangerous dog registration certificate to the county	519
auditor of the new county;	520

(ii) Provide written notice of the new address to the county	521
auditor of the county where the owner previously resided.	522

(4) The owner of a dangerous dog shall present the dangerous	523
dog registration certificate upon being requested to do so by any	524
law enforcement officer, dog warden, or public health official	525
charged with enforcing this section.	526

(5) The fees collected pursuant to this division shall be	527
deposited in the dog and kennel fund of the county.	528

Sec. 955.222. (A) The municipal court or county court that	529
has territorial jurisdiction over the residence of the owner,	530
keeper, or harborer of a dog shall conduct any hearing concerning	531
the designation of the dog as a nuisance dog, dangerous dog, or	532
vicious dog.	533

(B) If a person who is authorized to enforce this chapter has	534
reasonable cause to believe that a dog in the person's	535
jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the	536
person shall notify the owner, keeper, or harborer of that dog, by	537
certified mail or in person, of both of the following:	538

(1) That the person has designated the dog a nuisance dog,	539
dangerous dog, or vicious dog, as applicable;	540

(2) That the owner, keeper, or harborer of the dog may	541
request a hearing regarding the designation in accordance with	542
this section. The notice shall include instructions for filing a	543
request for a hearing in the county in which the dog's owner,	544
keeper, or harborer resides.	545

(C) If the owner, keeper, or harborer of the dog disagrees	546
with the designation of the dog as a nuisance dog, dangerous dog,	547
or vicious dog, as applicable, the owner, keeper, or harborer, not	548
later than ten days after receiving notification of the	549
designation, may request a hearing regarding the determination.	550
The request for a hearing shall be in writing and shall be filed	551
with the municipal court or county court that has territorial	552
jurisdiction over the residence of the dog's owner, keeper, or	553
harborer. At the hearing, the person who designated the dog as a	554
nuisance dog, dangerous dog, or vicious dog has the burden of	555
proving, by clear and convincing evidence, that the dog is a	556
nuisance dog, dangerous dog, or vicious dog.	557

The owner, keeper, or harborer of the dog or the person who	558
designated the dog as a nuisance dog, dangerous dog, or vicious	559
dog may appeal the court's final determination as in any other	560
case filed in that court.	561

(D) A court, upon motion of an owner, keeper, or harborer or	562
an attorney representing the owner, keeper, or harborer, may order	563
that the dog designated as a nuisance dog, dangerous dog, or	564
vicious dog be held in the possession of the owner, keeper, or	565
harborer until the court makes a final determination under this	566
section or during the pendency of an appeal, as applicable. Until	567
the court makes a final determination and during the pendency of	568
any appeal, the dog shall be confined or restrained in accordance	569
with the provisions of division (D) of section 955.22 of the	570
Revised Code that apply to dangerous dogs regardless of whether	571
the dog has been designated as a vicious dog or a nuisance dog	572
rather than a dangerous dog. The owner, keeper, or harborer of the	573
dog shall not be required to comply with any other requirements	574
established in the Revised Code that concern a nuisance dog,	575
dangerous dog, or vicious dog, as applicable, until the court	576
makes a final determination and during the pendency of any appeal.	577

(E) It is an affirmative defense to the designation of a dog	578
as a nuisance dog, dangerous dog, or vicious dog that the dog was	579
teased, tormented, or abused by a person or that the dog was	580
coming to the aid or defense of a person who was not engaged in	581
illegal or criminal activity and who was not using the dog as a	582
means of carrying out such activity.	583

(F) If a dog is finally determined under this section, or on	584
appeal as described in this section, to be a vicious dog, division	585
(D) of section 955.11 and divisions (D) to (I) of section 955.22	586
of the Revised Code apply with respect to the dog and the owner,	587
keeper, or harborer of the dog as if the dog were a dangerous dog,	588
and section 955.54 of the Revised Code applies with respect to the	589
dog as if it were a dangerous dog, and the court shall issue an	590
order that specifies that those provisions apply with respect to	591
the dog and the owner, keeper, or harborer in that manner. As part	592
of the order, the court shall require the owner, keeper, or	593
harborer to obtain the liability insurance required under division	594
(E)(1) of section 955.22 of the Revised Code in an amount	595
described in division (H)(2) of section 955.99 of the Revised Code	596
the court shall order the dog to be humanely destroyed by a	597
licensed veterinarian, the county dog warden, or the county humane	598
society at the owner's expense.	599

(F)(G) As used in this section, "nuisance dog," "dangerous	600
dog," and "vicious dog" have the same meanings as in section	601
955.11 of the Revised Code.	602

Sec. 955.223.  (A) In a prosecution for a violation of	603
division (C) of section 955.22 of the Revised Code in which a dog	604
has caused injury or serious injury to or the death of a person or	605
companion animal, any of the following may be asserted as an	606
affirmative defense, as applicable:	607

(1) The dog was teased, tormented, or abused by a person.

608

(2) The dog was coming to the aid or defense of a person who	609
was not engaged in illegal or criminal activity and who was not	610
using the dog as a means of carrying out such activity.	611

(3) The dog caused injury or serious injury to a person or	612
killed a person while the person was committing or attempting to	613
commit a trespass or other criminal offense on the property of the	614
owner, keeper, or harborer of the dog.	615

(B) As used in this section:

616

(1) "Serious injury" has the same meaning as in section	617
955.11 of the Revised Code.	618

(2) "Companion animal" has the same meaning as in section	619
959.131 of the Revised Code.	620

Sec. 955.60.  (A) Any person authorized to enforce this	621
chapter shall investigate any complaint that indicates a possible	622
violation of any provision of this chapter involving a dog.	623

(B) If, after investigating an alleged violation of this	624
chapter under division (A) of this section, an authorized person	625
does not cite a person for or charge a person with a violation,	626
the authorized person shall notify, in accordance with division	627
(C) of this section, the owner, keeper, or harborer of the dog	628
that there has been a complaint regarding the dog and that the	629
authorized person investigated a possible violation. The notice	630
shall specify all of the following:	631

(1) A citation to the provision or provisions of law a	632
possible violation of which the authorized person investigated;	633

(2) Contact information for the authorized person;

634

(3) A requirement that the owner, keeper, or harborer of the	635
dog respond to the authorized person indicating that the owner,	636
keeper, or harborer has received the notice.	637

(C) The authorized person shall post the notice on the door	638
of the dwelling at which the dog resides within twenty-four hours	639
of the authorized person's investigation. The owner, keeper, or	640
harborer of the dog shall respond within forty-eight hours to the	641
authorized person via e-mail, facsimile, telephone, or social	642
media correspondence, indicating that the owner, keeper, or	643
harborer has received the notice. If the owner, keeper, or	644
harborer of the dog responds within a reasonable time after the	645
forty-eight hour period, the person is not subject to division	646
(D)(1) of this section, provided that the response is accompanied	647
with a reasonable explanation of why the forty-eight-hour response	648
deadline was not met.	649

(D) If the owner, keeper, or harborer of the dog does not	650
respond within:	651

(1) Forty-eight hours or does not respond within a reasonable	652
time from the time the notice is posted as provided in division	653
(C) of this section, the owner, keeper, or harborer of the dog	654
shall be fined twenty-five dollars;	655

(2) Ninety-six hours, the owner, keeper, or harborer of the	656
dog shall be fined forty dollars;	657

(3) Seven days, a court may issue a summons or warrant for	658
the arrest of the owner, keeper, or harborer of the dog.	659

Sec. 955.99.  (A)(1) Whoever violates division (E) of section	660
955.11 of the Revised Code because of a failure to comply with	661
division (B) of that section is guilty of a minor misdemeanor.	662

(2) Whoever violates division (E) of section 955.11 of the	663
Revised Code because of a failure to comply with division (C) or	664
(D) of that section is guilty of a minor misdemeanor on a first	665
offense and of a misdemeanor of the fourth degree on each	666
subsequent offense.	667

(B) Whoever violates section 955.10, 955.23, 955.24, or	668
955.25 of the Revised Code is guilty of a minor misdemeanor.	669

(C) Whoever violates section 955.261, 955.39, or 955.50 of	670
the Revised Code is guilty of a minor misdemeanor on a first	671
offense and of a misdemeanor of the fourth degree on each	672
subsequent offense.	673

(D) Whoever violates division (F) of section 955.16 or	674
division (B) of section 955.43 of the Revised Code is guilty of a	675
misdemeanor of the fourth degree.	676

(E)(1) Whoever violates section 955.21 of the Revised Code,	677
violates division (B) of section 955.22 of the Revised Code, or	678
commits a violation of division (C) of section 955.22 of the	679
Revised Code that involves a dog that is not a nuisance dog,	680
dangerous dog, or vicious dog shall be fined not less than	681
twenty-five dollars or more than one hundred dollars on a first	682
offense, and on each subsequent offense shall be fined not less	683
than seventy-five dollars or more than two hundred fifty dollars	684
and may be imprisoned for not more than thirty days.	685

(2) In addition to the penalties prescribed in division	686
(E)(1) of this section, if the offender is guilty of a violation	687
of division (B) of section 955.22 of the Revised Code or a	688
violation of division (C) of section 955.22 of the Revised Code	689
that involves a dog that is not a nuisance dog, dangerous dog, or	690
vicious dog, the court may order the offender to personally	691
supervise the dog that the offender owns, keeps, or harbors, to	692
cause that dog to complete dog obedience training, or to do both.	693

(F)(1) Whoever commits a violation of division (C) of section	694
955.22 of the Revised Code that involves a nuisance dog is guilty	695
of a minor misdemeanor on the first offense and of a misdemeanor	696
of the fourth degree on each subsequent offense involving the same	697
dog. Upon a person being convicted of or pleading guilty to a	698
third violation of division (C) of section 955.22 of the Revised	699
Code involving the same dog, the court shall require the offender	700
to register the involved dog as a dangerous dog.	701

(2) In addition to the penalties prescribed in division	702
(F)(1) of this section, if a violation of division (C) of section	703
955.22 of the Revised Code involves a nuisance dog, the court may	704
order the offender to personally supervise the nuisance dog that	705
the offender owns, keeps, or harbors, to cause that dog to	706
complete dog obedience training, or to do both.	707

(G) Whoever commits a violation of division (C) of section	708
955.22 of the Revised Code that involves a dangerous dog or a	709
violation of division (D) of that section is guilty of a	710
misdemeanor of the fourth degree on a first offense and of a	711
misdemeanor of the third degree on each subsequent offense.	712
Additionally, the court may order the offender to personally	713
supervise the dangerous dog that the offender owns, keeps, or	714
harbors, to cause that dog to complete dog obedience training, or	715
to do both, and the court may order the offender to obtain	716
liability insurance pursuant to division (E) of section 955.22 of	717
the Revised Code. The court, in the alternative, may order the	718
dangerous dog to be humanely destroyed by a licensed veterinarian,	719
the county dog warden, or the county humane society at the owner's	720
expense. With respect to a violation of division (C) of section	721
955.22 of the Revised Code that involves a dangerous dog, until	722
the court makes a final determination and during the pendency of	723
any appeal of a violation of that division and at the discretion	724
of the dog warden, the dog shall be confined or restrained in	725
accordance with division (D) of section 955.22 of the Revised Code	726
or at the county dog pound at the owner's expense.	727

(H)(1) Whoever commits a violation of division (C) of section	728
955.22 of the Revised Code that involves a vicious dog that is	729
described in this division is guilty of one of the following:	730

(a) A felony of the fourthfifth degree if the dog kills or	731
causes serious injury to a person on a first offense.	732
Additionally, if the dog kills a person, the court shall order	733
that the vicious dog be humanely destroyed by a licensed	734
veterinarian, the county dog warden, or the county humane society	735
at the owner's expense. If the dog causes serious injury to a	736
person, the court may order that the dog be humanely destroyed in	737
such a manner.	738

(b) A felony of the fourth degree if the dog kills or causes	739
serious injury to a person and the person in violation has	740
previously been sentenced under division (H)(1)(a) or (c) of this	741
section. Additionally, if the dog kills a person, the court shall	742
order that the dog be humanely destroyed by a licensed	743
veterinarian, the county dog warden, or the county humane society	744
at the owner's expense. If the dog causes serious injury to a	745
person, the court may order that the dog be humanely destroyed in	746
such a manner.	747

(c) A misdemeanor of the first degree if the dog causes	748
serious injury, other than killing or serious injury, to a person	749
or causes injury, serious injury, or death or a companion animal	750
on a first offense. Additionally, if the dog causes injury to a	751
person or injury or serious injury to a companion animal, the	752
court may order that the vicious dog to be humanely destroyed by	753
a licensed veterinarian, the county dog warden, or the county	754
humane society at the owner's expense. If the dog kills a	755
companion animal, the court shall order that the dog be humanely	756
destroyed in such a manner.	757

(d) A felony of the fifth degree if the dog causes injury,	758
serious injury, or death to a companion animal and the person in	759
violation has previously been sentenced under division (H)(1)(a)	760
or (c) of this section. Additionally, if the dog causes injury to	761
a person or injury or serious injury to a companion animal, the	762
court may order that the dog be humanely destroyed by a licensed	763
veterinarian, the county dog warden, or the county humane society	764
at the owner's expense. If the dog kills a companion animal, the	765
court shall order that the dog be humanely destroyed in such a	766
manner.	767

(2) If the court does not order the vicious dog to be	768
destroyed under division (H)(1)(b) of this section, the court	769
shall issue an order that specifies that division (D) of section	770
955.11 and divisions (D) to (I) of section 955.22 of the Revised	771
Code apply with respect to the dog and the owner, keeper, or	772
harborer of the dog as if the dog were a dangerous dog and that	773
section 955.54 of the Revised Code applies with respect to the dog	774
as if it were a dangerous dog. As part of the order, the court	775
shall order the offender to obtain the liability insurance	776
required under division (E)(1) of section 955.22 of the Revised	777
Code in an amount, exclusive of interest and costs, that equals or	778
exceeds one hundred thousand dollars. Until the court makes a	779
final determination and during the pendency of any appeal of a	780
violation of division (C) of section 955.22 of the Revised Code	781
and at the discretion of the dog warden, the dog shall be confined	782
or restrained in accordance with the provisions described in	783
division (D) of section 955.22 of the Revised Code or at the	784
county dog pound at the owner's expense.	785

(I) Whoever violates division (A)(2) of section 955.01 of the	786
Revised Code is guilty of a misdemeanor of the first degree.	787

(J) Whoever violates division (E)(2) of section 955.22 of the	788
Revised Code is guilty of a misdemeanor of the fourth degree.	789

(K) Whoever violates division (C) of section 955.221 of the	790
Revised Code is guilty of a minor misdemeanor. Each day of	791
continued violation constitutes a separate offense. Fines levied	792
and collected for violations of that division shall be distributed	793
by the mayor or clerk of the municipal or county court in	794
accordance with section 733.40, division (F) of section 1901.31,	795
or division (C) of section 1907.20 of the Revised Code to the	796
treasury of the county, township, or municipal corporation whose	797
resolution or ordinance was violated.	798

(L) Whoever violates division (F)(1), (2), or (3) of section	799
955.22 of the Revised Code is guilty of a felony of the fourth	800
degree. Additionally, the court shall order that the dog involved	801
in the violation be humanely destroyed by a licensed veterinarian,	802
the county dog warden, or the county humane society. Until the	803
court makes a final determination and during the pendency of any	804
appeal of a violation of division (F)(1), (2), or (3) of section	805
955.22 of the Revised Code and at the discretion of the dog	806
warden, the dog shall be confined or restrained in accordance with	807
the provisions of division (D) of section 955.22 of the Revised	808
Code or at the county dog pound at the owner's expense.	809

(M) Whoever violates division (E)(1), (3), or (4) of section	810
955.22 of the Revised Code is guilty of a minor misdemeanor.	811

(N) Whoever violates division (I)(4) of section 955.22 of the	812
Revised Code is guilty of a minor misdemeanor.	813

(O) Whoever violates division (A) or (B) of section 955.54 of	814
the Revised Code is guilty of a misdemeanor of the first degree.	815

(P)(1) If a dog is confined at the county dog pound pursuant	816
to division (G), (H), or (L) of this section, the county dog	817
warden shall give written notice of the confinement to the owner	818
of the dog. If the county dog warden is unable to give the notice	819
to the owner of the dog, the county dog warden shall post the	820
notice on the door of the residence of the owner of the dog or in	821
another conspicuous place on the premises at which the dog was	822
seized. The notice shall include a statement that a security in	823
the amount of one hundred dollars is due to the county dog warden	824
within ten days to secure payment of all reasonable expenses,	825
including medical care and boarding of the dog for sixty days,	826
expected to be incurred by the county dog pound in caring for the	827
dog pending the determination. The county dog warden may draw from	828
the security any actual costs incurred in caring for the dog.	829

(2) If the person ordered to post security under division	830
(P)(1) of this section does not do so within ten days of the	831
confinement of the animal, the dog is forfeited, and the county	832
dog warden may determine the disposition of the dog unless the	833
court issues an order that specifies otherwise.	834

(3) Not more than ten days after the court makes a final	835
determination under division (G), (H), or (L) of this section, the	836
county dog warden shall provide the owner of the dog with the	837
actual cost of the confinement of the dog. If the county dog	838
warden finds that the security provided under division (P)(1) of	839
this section is less than the actual cost of confinement of the	840
dog, the owner shall remit the difference between the security	841
provided and the actual cost to the county dog warden within	842
thirty days after the court's determination. If the county dog	843
warden finds that the security provided under division (P)(1) of	844
this section is greater than that actual cost, the county dog	845
warden shall remit the difference between the security provided	846
and the actual cost to the owner within thirty days after the	847
court's determination.	848

(Q) As used in this section,:

849

(1) "Serious injury," "nuisance dog," "dangerous dog," and	850
"vicious dog" have the same meanings as in section 955.11 of the	851
Revised Code.	852

(2) "Companion animal" has the same meaning as in section	853
959.131 of the Revised Code.	854

Section 2.  That existing sections 109.73, 955.11, 955.12,	855
955.22, 955.222, and 955.99 of the Revised Code are hereby	856
repealed.	857