Bill Text: OH SB130 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To regulate certain dog breeding kennels and dog retailers.
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2013-03-13 - Effective Date [SB130 Detail]
Download: Ohio-2011-SB130-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To regulate certain dog breeding kennels and dog retailers.
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2013-03-13 - Effective Date [SB130 Detail]
Download: Ohio-2011-SB130-Engrossed.html
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Senators Hughes, Cates
Cosponsors:
Senators Lehner, Seitz, Skindell, Turner, Hite, Beagle, Burke, Gentile, Jones, LaRose, Niehaus, Patton, Sawyer, Schiavoni, Tavares, Wagoner
To amend sections 955.02, 955.10, 955.12, 955.20, | 1 |
955.26, and 1901.183 and to enact sections 956.01 | 2 |
to 956.06 and 956.08 to 956.21 of the Revised Code | 3 |
to regulate certain dog breeding kennels, dog | 4 |
retailers, and animal rescues for dogs. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.02, 955.10, 955.12, 955.20, | 6 |
955.26, and 1901.183 be amended and sections 956.01, 956.02, | 7 |
956.03, 956.04, 956.05, 956.06, 956.08, 956.09, 956.10, 956.11, | 8 |
956.12, 956.13, 956.14, 956.15, 956.16, 956.17, 956.18, 956.19, | 9 |
956.20, and 956.21 of the Revised Code be enacted to read as | 10 |
follows: | 11 |
Sec. 955.02. | 12 |
"kennel | 13 |
14 | |
establishment that keeps, houses, and maintains adult dogs, as | 15 |
defined in section 956.01 of the Revised Code, for the purpose of | 16 |
breeding the dogs | 17 |
received through a sale, exchange, or lease and that is not a high | 18 |
volume breeder licensed under Chapter 956. of the Revised Code. | 19 |
Sec. 955.10. No owner of a dog, except a dog constantly | 20 |
confined to a
| 21 |
or one licensed under Chapter 956. of the Revised Code, shall fail | 22 |
to require the dog to wear, at all times, a valid tag issued in | 23 |
connection with a certificate of registration. A | 24 |
found not wearing at any time | 25 |
prima-facie evidence of lack of registration and shall subject any | 26 |
dog found not wearing such a tag to impounding, sale, or | 27 |
destruction. | 28 |
Sec. 955.12. The board of county commissioners shall appoint | 29 |
or employ a county dog warden and deputies in such number, for | 30 |
such periods of time, and at such compensation as the board | 31 |
considers necessary to enforce sections 955.01 to 955.27, 955.29 | 32 |
to 955.38, and 955.50 to 955.53 of the Revised Code. | 33 |
The warden and deputies shall give bond in a sum not less | 34 |
than five hundred dollars and not more than two thousand dollars, | 35 |
as set by the board, conditioned for the faithful performance of | 36 |
their duties. The bond or bonds may, in the discretion of the | 37 |
board, be individual or blanket bonds. The bonds shall be filed | 38 |
with the county auditor of their respective counties. | 39 |
The warden and deputies shall make a record of all dogs | 40 |
owned, kept, and harbored in their respective counties. They shall | 41 |
patrol their respective counties and seize and impound on sight | 42 |
all dogs found running at large and all dogs more than three | 43 |
months of age found not wearing a valid registration tag, except | 44 |
any dog that wears a valid registration tag and is: on the | 45 |
premises of its owner, keeper, or harborer, under the reasonable | 46 |
control of its owner or some other person, hunting with its owner | 47 |
or its handler at a field trial, kept constantly confined in a | 48 |
49 | |
licensed under Chapter 956. of the Revised Code, or acquired by, | 50 |
and confined on the premises of, an institution or organization of | 51 |
the type described in section 955.16 of the Revised Code. A dog | 52 |
that wears a valid registration tag may be seized on the premises | 53 |
of its owner, keeper, or harborer and impounded only in the event | 54 |
of a natural disaster. | 55 |
If a dog warden has reason to believe that a dog is being | 56 |
treated inhumanely on the premises of its owner, keeper, or | 57 |
harborer, the warden shall apply to the court of common pleas for | 58 |
the county in which the premises are located for an order to enter | 59 |
the premises, and if necessary, seize the dog. If the court finds | 60 |
probable cause to believe that the dog is being treated | 61 |
inhumanely, it shall issue such an order. | 62 |
The warden and deputies shall also investigate all claims for | 63 |
damages to animals reported to them under section 955.29 of the | 64 |
Revised Code and assist claimants to fill out the claim form | 65 |
therefor. They shall make weekly reports, in writing, to the board | 66 |
in their respective counties of all dogs seized, impounded, | 67 |
redeemed, and destroyed and of all claims for damage to animals | 68 |
inflicted by dogs. | 69 |
The wardens and deputies shall have the same police powers as | 70 |
are conferred upon sheriffs and police officers in the performance | 71 |
of their duties as prescribed by sections 955.01 to 955.27, 955.29 | 72 |
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall | 73 |
also have power to summon the assistance of bystanders in | 74 |
performing their duties and may serve writs and other legal | 75 |
processes issued by any court in their respective counties with | 76 |
reference to enforcing those sections. County auditors may | 77 |
deputize the wardens or deputies to issue dog licenses as provided | 78 |
in sections 955.01 and 955.14 of the Revised Code. | 79 |
Whenever any person files an affidavit in a court of | 80 |
competent jurisdiction that there is a dog running at large that | 81 |
is not kept constantly confined either in a | 82 |
registered under this chapter or one licensed under Chapter 956. | 83 |
of the Revised Code or on the premises of an institution or | 84 |
organization of the type described in section 955.16 of the | 85 |
Revised Code or that a dog is kept or harbored in the warden's | 86 |
jurisdiction without being registered as required by law, the | 87 |
court shall immediately order the warden to seize and impound the | 88 |
dog. Thereupon the warden shall immediately seize and impound the | 89 |
dog complained of. The warden shall give immediate notice by | 90 |
certified mail to the owner, keeper, or harborer of the dog seized | 91 |
and impounded by the warden, if the owner, keeper, or harborer can | 92 |
be determined from the current year's registration list maintained | 93 |
by the warden and the county auditor of the county where the dog | 94 |
is registered, that the dog has been impounded and that, unless | 95 |
the dog is redeemed within fourteen days of the date of the | 96 |
notice, it may thereafter be sold or destroyed according to law. | 97 |
If the owner, keeper, or harborer cannot be determined from the | 98 |
current year's registration list maintained by the warden and the | 99 |
county auditor of the county where the dog is registered, the | 100 |
officer shall post a notice in the pound or animal shelter both | 101 |
describing the dog and place where seized and advising the unknown | 102 |
owner that, unless the dog is redeemed within three days, it may | 103 |
thereafter be sold or destroyed according to law. | 104 |
As used in this section, "animal" has the same meaning as in | 105 |
section 955.51 of the Revised Code. | 106 |
Sec. 955.20. The registration fees provided for in sections | 107 |
955.01 to 955.14 of the Revised Code and money transferred to the | 108 |
county under section 956.18 of the Revised Code constitute a | 109 |
special fund known as "the dog and kennel fund." The fees shall be | 110 |
deposited by the county auditor in the county treasury daily as | 111 |
collected
| 112 |
defraying the cost of furnishing all blanks, records, tags, nets, | 113 |
and other equipment, for the purpose of paying the compensation of | 114 |
county dog wardens, deputies, poundkeepers, and other employees | 115 |
necessary to carry out and enforce sections 955.01 to 955.261 of | 116 |
the Revised Code, and for the payment of animal claims as provided | 117 |
in sections 955.29 to 955.38 of the Revised Code, and in | 118 |
accordance with section 955.27 of the Revised Code. The board of | 119 |
county commissioners, by resolution, shall appropriate sufficient | 120 |
funds out of the dog and kennel fund, not more than fifteen per | 121 |
cent of which shall be expended by the auditor for registration | 122 |
tags, blanks, records, and clerk hire, for the purpose of | 123 |
defraying the necessary expenses of registering, seizing, | 124 |
impounding, and destroying dogs in accordance with sections 955.01 | 125 |
to 955.27 of the Revised Code, and for the purpose of covering any | 126 |
additional expenses incurred by the county auditor as authorized | 127 |
by division (F)(3) of section 955.14 of the Revised Code. | 128 |
If the funds so appropriated in any calendar year are found | 129 |
by the board to be insufficient to defray the necessary cost and | 130 |
expense of the county dog warden in enforcing sections 955.01 to | 131 |
955.27 of the Revised Code, the board, by resolution so provided, | 132 |
after setting aside a sum equal to the total amount of animal | 133 |
claims
| 134 |
the total amount of animal claims paid or allowed the preceding | 135 |
year, whichever amount is larger, may appropriate further funds | 136 |
for the use and purpose of the county dog warden in administering | 137 |
those sections. | 138 |
Sec. 955.26. Whenever, in the judgment of the director of | 139 |
health, any city or general health district board of health, or | 140 |
persons performing the duties of a board of health, rabies is | 141 |
prevalent, the director of health, the board, or those persons | 142 |
shall declare a quarantine of all dogs in the health district or | 143 |
in a part of it. During the quarantine, the owner, keeper, or | 144 |
harborer of any dog shall keep it confined on the premises of the | 145 |
owner, keeper, or harborer, or in a | 146 |
other suitable place, at the expense of the owner, keeper, or | 147 |
harborer, except that a dog may be permitted to leave the premises | 148 |
of its owner, keeper, or harborer if it is under leash or under | 149 |
the control of a responsible person. The quarantine order shall be | 150 |
considered an emergency and need not be published. | 151 |
When the quarantine has been declared, the director of | 152 |
health, the board, or those persons may require vaccination for | 153 |
rabies of all dogs within the health district or part of it. Proof | 154 |
of rabies vaccination within a satisfactory period shall be | 155 |
demonstrated to the county auditor before any registration is | 156 |
issued under section 955.01 of the Revised Code for any dog that | 157 |
is required to be vaccinated. | 158 |
The public health council shall determine appropriate methods | 159 |
of rabies vaccination and satisfactory periods for purposes of | 160 |
quarantines under this section. | 161 |
When a quarantine of dogs has been declared in any health | 162 |
district or part of a health district, the county dog warden and | 163 |
all other persons having the authority of police officers shall | 164 |
assist the health authorities in enforcing the quarantine order. | 165 |
When rabies vaccination has been declared compulsory in any health | 166 |
district or part of a health district, the dog warden shall assist | 167 |
the health authorities in enforcing the vaccination order. | 168 |
Notwithstanding | 169 |
general health district board of health may make orders pursuant | 170 |
to sections 3709.20 and 3709.21 of the Revised Code requiring the | 171 |
vaccination of dogs. | 172 |
Sec. 956.01. As used in this chapter: | 173 |
(A) "Adult dog" means a dog that is twelve months of age or | 174 |
older. | 175 |
(B) "Animal rescue for dogs" means an individual or | 176 |
organization recognized by the director of agriculture that keeps, | 177 |
houses, and maintains dogs and that is dedicated to the welfare, | 178 |
health, safety, and protection of dogs, provided that the | 179 |
individual or organization does not operate for profit, does not | 180 |
sell dogs for a profit, does not breed dogs, and does not purchase | 181 |
more than nine dogs in any given calendar year unless the dogs are | 182 |
purchased from a dog warden appointed under Chapter 955. of the | 183 |
Revised Code, a humane society established under Chapter 1717. of | 184 |
the Revised Code, or another animal rescue for dogs. "Animal | 185 |
rescue for dogs" includes an individual or organization that | 186 |
offers spayed or neutered dogs for adoption and charges reasonable | 187 |
adoption fees approved by the director under this chapter to cover | 188 |
the costs of the individual or organization, including, but not | 189 |
limited to, costs related to spaying or neutering dogs. | 190 |
(C) "Animal shelter for dogs" means a facility that keeps, | 191 |
houses, and maintains dogs such as a dog pound operated by a | 192 |
municipal corporation, or by a county under Chapter 955. of the | 193 |
Revised Code, or that is operated by a humane society established | 194 |
under Chapter 1717. of the Revised Code, animal welfare society, | 195 |
society for the prevention of cruelty to animals, or other | 196 |
nonprofit organization that is devoted to the welfare, protection, | 197 |
and humane treatment of dogs and other animals. | 198 |
(D) "Boarding kennel" means an establishment operating for | 199 |
profit that keeps, houses, and maintains dogs solely for the | 200 |
purpose of providing shelter, care, and feeding of the dogs in | 201 |
return for a fee or other consideration. | 202 |
(E) "Breeding dog" means an unneutered, unspayed dog that is | 203 |
primarily harbored or housed on property that is the dog's primary | 204 |
residence. | 205 |
(F) "High volume breeder" means an establishment that keeps, | 206 |
houses, and maintains adult breeding dogs that produce at least | 207 |
nine litters of puppies in any given calendar year and, in return | 208 |
for a fee or other consideration, sells sixty or more adult dogs | 209 |
or puppies per calendar year. | 210 |
(G) "Dog retailer" means a person who buys, sells, or offers | 211 |
to sell dogs at wholesale for resale to another or who sells or | 212 |
gives one or more dogs to a pet store annually. "Dog retailer" | 213 |
does not include an animal rescue for dogs, an animal shelter for | 214 |
dogs, a humane society established under Chapter 1717. of the | 215 |
Revised Code, a medical kennel for dogs, a research kennel for | 216 |
dogs, a pet store, or a veterinarian. | 217 |
(H) "Environmental division of the Franklin county municipal | 218 |
court" means the environmental division of the Franklin county | 219 |
municipal court created in section 1901.011 of the Revised Code. | 220 |
(I) "Medical kennel for dogs" means a facility that is | 221 |
maintained by a veterinarian and operated primarily for the | 222 |
treatment of sick or injured dogs. | 223 |
(J) "Pet store" means a retail store that sells dogs to the | 224 |
public. | 225 |
(K) "Puppy" means a dog that is under twelve months of age. | 226 |
(L) "Research kennel for dogs" means a facility housing dogs | 227 |
that is maintained exclusively for research purposes. | 228 |
(M) "Veterinarian" means a veterinarian licensed under | 229 |
Chapter 4741. of the Revised Code. | 230 |
Sec. 956.02. Medical kennels for dogs, research kennels for | 231 |
dogs, animal shelters for dogs that are operated by a municipal | 232 |
corporation, or by a county under Chapter 955. of the Revised | 233 |
Code, and veterinarians are not required to obtain a license under | 234 |
this chapter or comply with any other requirements of this chapter | 235 |
and rules adopted under it. | 236 |
Sec. 956.03. The director of agriculture shall adopt rules | 237 |
in accordance with Chapter 119. of the Revised Code establishing | 238 |
all of the following: | 239 |
(A) Requirements and procedures governing high volume | 240 |
breeders, including the licensing and inspection of and record | 241 |
keeping by high volume breeders, in addition to the requirements | 242 |
and procedures established in this chapter. The rules shall | 243 |
require that a high volume breeder be assigned a license number | 244 |
and that a high volume breeder provide the license number and the | 245 |
applicable vendor number assigned by the department of taxation | 246 |
whenever it solicits business or it is solicited for business. | 247 |
(B) Requirements and procedures for conducting background | 248 |
investigations of each applicant for a license issued under | 249 |
section 956.04 of the Revised Code in order to determine if the | 250 |
applicant has been convicted of or pleaded guilty to any of the | 251 |
violations specified in division (A)(2) of section 956.15 of the | 252 |
Revised Code. The rules shall provide that background | 253 |
investigations shall be conducted solely by the attorney general | 254 |
on behalf of the director. The rules shall establish procedures | 255 |
for annually updating background investigation information | 256 |
regarding an applicant after an initial background investigation | 257 |
has been conducted with respect to an initial application for a | 258 |
license submitted under that section. | 259 |
(C) Requirements and procedures governing dog retailers, | 260 |
including the licensing of and record keeping by dog retailers, in | 261 |
addition to the requirements and procedures established in this | 262 |
chapter. The rules shall require that a dog retailer be assigned a | 263 |
license number and that a dog retailer provide the license number | 264 |
and the applicable vendor number assigned by the department of | 265 |
taxation whenever it solicits business or it is solicited for | 266 |
business. | 267 |
(D) The form of applications for licenses issued under this | 268 |
chapter and the information that is required to be submitted in | 269 |
the applications. The rules shall require an animal rescue for | 270 |
dogs to provide in an application for a license the name and | 271 |
address of each foster home that it utilizes. | 272 |
(E) A requirement that each high volume breeder submit to the | 273 |
director, with an application for a high volume breeder license, | 274 |
evidence of insurance or, in the alternative, evidence of a surety | 275 |
bond payable to the state to ensure compliance with this chapter | 276 |
and rules adopted under it. The face value of the insurance | 277 |
coverage or bond shall be in the following amounts: | 278 |
(1) Five thousand dollars for high volume breeders keeping, | 279 |
housing, and maintaining not more than twenty-five adult dogs; | 280 |
(2) Ten thousand dollars for high volume breeders keeping, | 281 |
housing, and maintaining at least twenty-six adult dogs, but not | 282 |
more than fifty adult dogs; | 283 |
(3) Fifty thousand dollars for high volume breeders keeping, | 284 |
housing, and maintaining more than fifty adult dogs. | 285 |
The rules shall require that the insurance be payable to the | 286 |
state or that the surety bond be subject to redemption by the | 287 |
state, as applicable, upon a suspension or revocation of a high | 288 |
volume breeder license for the purpose of paying for the | 289 |
maintenance and care of dogs that are seized or otherwise | 290 |
impounded from the high volume breeder in accordance with this | 291 |
chapter. | 292 |
(F) Procedures for inspections conducted under section 956.10 | 293 |
of the Revised Code in addition to the procedures established in | 294 |
that section, and procedures for making records of the | 295 |
inspections; | 296 |
(G) Requirements and procedures that are necessary to | 297 |
implement and enforce the requirements pertaining to pet stores | 298 |
that are established in section 956.20 of the Revised Code; | 299 |
(H)(1) A requirement that an in-state retailer of a puppy or | 300 |
adult dog provide to the purchaser the complete name, address, and | 301 |
telephone number of all high volume breeders, dog retailers, and | 302 |
private owners that kept, housed, or maintained the puppy or adult | 303 |
dog prior to its coming into the possession of the retailer or | 304 |
proof that the puppy or adult dog was acquired through an animal | 305 |
rescue for dogs, animal shelter for dogs, or humane society | 306 |
established under Chapter 1717. of the Revised Code, or a valid | 307 |
health certificate from the state of origin pertaining to the | 308 |
puppy or adult dog; | 309 |
(2) A requirement that an out-of-state retailer of a puppy or | 310 |
adult dog that is conducting business in this state provide to the | 311 |
purchaser a valid health certificate from the state of origin | 312 |
pertaining to the puppy or adult dog and the complete name, | 313 |
address, and telephone number of all breeders, retailers, and | 314 |
private owners that kept, housed, or maintained the puppy or adult | 315 |
dog prior to its coming into the possession of the retailer or | 316 |
proof that the puppy or adult dog was acquired through an animal | 317 |
rescue for dogs, animal shelter for dogs, or humane society in | 318 |
this state or another state. | 319 |
(I) A requirement that a high volume breeder or a dog | 320 |
retailer who advertises the sale of a puppy or adult dog include | 321 |
with the advertisement the vendor number assigned by the tax | 322 |
commissioner to the high volume breeder or to the dog retailer if | 323 |
the sale of the puppy or dog is subject to the tax levied under | 324 |
Chapter 5739. of the Revised Code; | 325 |
(J) Requirements and procedures governing the registration of | 326 |
litters under section 956.21 of the Revised Code; | 327 |
(K) A requirement that a licensed high volume breeder and a | 328 |
licensed dog retailer comply with Chapter 5739. of the Revised | 329 |
Code. The rules shall authorize the director to suspend or revoke | 330 |
a license for failure to comply with that chapter. The director | 331 |
shall work in conjunction with the tax commissioner for the | 332 |
purposes of rules adopted under this division. | 333 |
(L) Any other requirements and procedures that are determined | 334 |
by the director to be necessary for the administration and | 335 |
enforcement of this chapter and rules adopted under it. However, | 336 |
rules adopted under this division shall not establish additional | 337 |
requirements and procedures governing animal rescues for dogs | 338 |
other than those adopted under division (D) of this section. | 339 |
Sec. 956.04. (A)(1) No person shall operate a high volume | 340 |
breeder in this state without a high volume breeder license issued | 341 |
by the director of agriculture in accordance with this section and | 342 |
rules adopted under section 956.03 of the Revised Code. | 343 |
(2) No license application fee shall be charged to an | 344 |
applicant for a license under this section. | 345 |
(3) The director shall not issue a license under this section | 346 |
unless the director determines that the applicant will operate or | 347 |
will continue to operate the high volume breeder in accordance | 348 |
with this chapter and rules adopted under it. | 349 |
(B) In determining whether an establishment is a high volume | 350 |
breeder requiring a license under this chapter, the director shall | 351 |
determine if, in any given year, the establishment is a high | 352 |
volume breeder as defined in section 956.01 of the Revised Code. | 353 |
All facilities that are located at an individual postal address | 354 |
shall be licensed as one high volume breeder. Not more than one | 355 |
license shall be issued under this section for any given postal | 356 |
address. | 357 |
(C) A person who is proposing to operate a new high volume | 358 |
breeder shall submit an application for a license to the director | 359 |
at least ninety days before commencing operation of the high | 360 |
volume breeder. The application shall be submitted in the form and | 361 |
with the information required by rules adopted under section | 362 |
956.03 of the Revised Code and shall include with it at least all | 363 |
of the following: | 364 |
(1) An affidavit signed under oath or solemn affirmation of | 365 |
the number of adult dogs that are kept, housed, and maintained by | 366 |
the applicant at the location that is the subject of the | 367 |
application; | 368 |
(2) An estimate of the number of puppies to be kept, housed, | 369 |
and maintained and of the number of litters of puppies or total | 370 |
number of puppies to be produced during the term of the license; | 371 |
(3) Photographic evidence documenting the facilities where | 372 |
dogs will be kept, housed, and maintained by the applicant. The | 373 |
director may conduct an inspection of the facilities that are the | 374 |
subject of an application in addition to reviewing photographic | 375 |
evidence submitted by an applicant for a license. | 376 |
(4) A signed release permitting the performance of a | 377 |
background investigation regarding the applicant in accordance | 378 |
with rules adopted under section 956.03 of the Revised Code; | 379 |
(5) The names and addresses and any other identifying | 380 |
information required by rules adopted under section 956.03 of the | 381 |
Revised Code of all persons who will have custody of or control | 382 |
over dogs kept by the applicant. | 383 |
An applicant shall specify whether the applicant is applying | 384 |
for a license that is valid for a period of one year, three years, | 385 |
or five years. | 386 |
(D) During the month of December of the last year in which a | 387 |
license is valid, but before the first day of January of the next | 388 |
year, a person who is proposing to continue the operation of a | 389 |
high volume breeder shall obtain a license for the high volume | 390 |
breeder from the director for a period of one year, three years, | 391 |
or five years. The person shall submit the application to the | 392 |
director on or before the last day of November of the last year in | 393 |
which a license is valid. | 394 |
(E) The owner or operator of a high volume breeder that is in | 395 |
operation on the effective date of this section shall submit to | 396 |
the director an application for a high volume breeder license not | 397 |
later than three months after the effective date of this section. | 398 |
The director shall issue or deny the application for a license | 399 |
within ninety days after the receipt of the completed application. | 400 |
(F) A person who has received a license under this section, | 401 |
upon sale or other disposition of the high volume breeder, may | 402 |
have the license transferred to another person with the consent of | 403 |
the director, provided that the transferee otherwise qualifies to | 404 |
be licensed as a high volume breeder under this chapter and rules | 405 |
adopted under it and does not have a certified unpaid debt to the | 406 |
state. | 407 |
(G) An applicant for a license issued under this section | 408 |
shall demonstrate that the high volume breeder that is the subject | 409 |
of the application complies with the standards of care and other | 410 |
standards established under this chapter. | 411 |
Sec. 956.05. (A)(1) No person shall act as or perform the | 412 |
functions of a dog retailer in this state without a dog retailer | 413 |
license issued by the director of agriculture in accordance with | 414 |
this section and rules adopted under section 956.03 of the Revised | 415 |
Code. | 416 |
(2) No license application fee shall be charged to an | 417 |
applicant for a license under this section. | 418 |
(3) The director shall not issue a license under this section | 419 |
unless the director determines that the applicant will act as or | 420 |
perform the functions of a dog retailer in accordance with this | 421 |
chapter and rules adopted under it. | 422 |
(B) A person who is proposing to act as or perform the | 423 |
functions of a dog retailer shall submit an application for a | 424 |
license to the director. During the month of December, but before | 425 |
the first day of January of the next year, a person who is | 426 |
proposing to continue to act as or perform the functions of a dog | 427 |
retailer shall obtain a license from the director for the | 428 |
following year. The person shall submit the application to the | 429 |
director on or before the last day of November of the year | 430 |
preceding the year for which the license is sought. | 431 |
(C) A person who is acting as or performing the functions of | 432 |
a dog retailer on the effective date of this section shall submit | 433 |
to the director an application for a dog retailer license not | 434 |
later than three months after the effective date of this section. | 435 |
The director shall issue or deny the application for a license | 436 |
within ninety days after the receipt of the completed application. | 437 |
Sec. 956.06. No person shall operate an animal rescue for | 438 |
dogs without a license to do so issued by the director of | 439 |
agriculture in accordance with rules adopted under section 956.03 | 440 |
of the Revised Code. No license application fee shall be charged | 441 |
to an animal rescue for dogs. The director shall maintain a | 442 |
database of all persons that are licensed to operate an animal | 443 |
rescue for dogs in this state. | 444 |
Sec. 956.08. No person operating a high volume breeder or | 445 |
acting as or performing the functions of a dog retailer shall fail | 446 |
to comply with the standards established by the commercial dog | 447 |
breeding oversight board under section 956.19 of the Revised Code. | 448 |
Sec. 956.09. The director of agriculture shall appoint | 449 |
inspectors for the purpose of enforcing the requirements and | 450 |
standards established under this chapter and rules adopted under | 451 |
it and to act as authorized representatives of the director. | 452 |
Inspectors shall serve at the pleasure of the director and shall | 453 |
be employees of the department of agriculture. Inspectors may | 454 |
issue citations and orders that are necessary to enforce this | 455 |
chapter and rules adopted under it. The director shall provide | 456 |
each inspector with an identifying badge and an official uniform. | 457 |
An inspector shall have training in animal husbandry, kennel | 458 |
management, record keeping, and first aid. | 459 |
Sec. 956.10. (A) At least once biennially, the director of | 460 |
agriculture or the director's authorized representative shall | 461 |
inspect a high volume breeder that is subject to licensure under | 462 |
this chapter and rules adopted under section 956.03 of the Revised | 463 |
Code to ensure compliance with this chapter and rules adopted | 464 |
under it, including the standards of care established under | 465 |
section 956.19 of the Revised Code. In addition, upon a complaint, | 466 |
the director may inspect an animal rescue for dogs to ensure | 467 |
compliance with this chapter. Inspections shall be conducted | 468 |
without prior notification to the licensee or persons associated | 469 |
with the licensee. In addition, upon the request of a member of | 470 |
the public, a public official, an animal rescue for dogs, or an | 471 |
animal shelter for dogs, the director or the director's authorized | 472 |
representative shall inspect any facility at which a person is | 473 |
acting as or performing the functions of a dog retailer to ensure | 474 |
such compliance. | 475 |
The director or the director's authorized representative | 476 |
shall inspect a boarding kennel when the director or the | 477 |
director's authorized representative has received information that | 478 |
the boarding kennel is breeding dogs and may be subject to | 479 |
licensure under this chapter and rules adopted under section | 480 |
956.03 of the Revised Code. | 481 |
Inspections shall be conducted in accordance with rules | 482 |
adopted under section 956.03 of the Revised Code. A record of each | 483 |
inspection shall be made by the director or the director's | 484 |
authorized representative who is responsible for the inspection in | 485 |
accordance with those rules. | 486 |
Upon completion of an inspection of a high volume breeder, | 487 |
the director or the director's authorized representative shall | 488 |
rate the high volume breeder in accordance with the rating system | 489 |
established under section 956.19 of the Revised Code. The director | 490 |
or the director's authorized representative shall notify the high | 491 |
volume breeder of the rating assigned to it. | 492 |
(B) The director or the director's authorized representative, | 493 |
upon proper identification and upon stating the purpose and | 494 |
necessity of an inspection, may enter at reasonable times on any | 495 |
public or private property, real or personal, to inspect or | 496 |
investigate and to examine or copy records in order to determine | 497 |
compliance with this chapter and rules adopted under it. The | 498 |
director, the director's authorized representative, or the | 499 |
attorney general upon the request of the director may apply to the | 500 |
appropriate court in the county in which inspection will occur for | 501 |
an appropriate court order or search warrant as necessary to | 502 |
achieve the purposes of this chapter and rules adopted under it. | 503 |
(C) No owner or operator of a high volume breeder, person | 504 |
acting as or performing the functions of a dog retailer, owner or | 505 |
operator of an animal rescue for dogs, or owner or operator of a | 506 |
boarding kennel shall interfere with an inspection or refuse to | 507 |
allow the director or the director's authorized representative | 508 |
full access to all areas where dogs are kept or cared for. If | 509 |
entry is refused or inspection or investigation is refused, | 510 |
hindered, or thwarted by a high volume breeder, dog retailer, or | 511 |
animal rescue for dogs, the director may suspend or revoke the | 512 |
breeder's, retailer's, or rescue's license in accordance with this | 513 |
chapter. | 514 |
(D) If entry that is authorized by division (B) of this | 515 |
section is refused or if an inspection or investigation is | 516 |
refused, hindered, or thwarted by intimidation or otherwise and if | 517 |
the director, an authorized representative of the director, or the | 518 |
attorney general applies for and obtains a court order or a search | 519 |
warrant under division (B) of this section to conduct the | 520 |
inspection or investigation, the owner or operator of the premises | 521 |
where entry was refused or inspection or investigation was | 522 |
refused, hindered, or thwarted is liable to the director for the | 523 |
reasonable costs incurred by the director for the regular salaries | 524 |
and fringe benefit costs of personnel assigned to conduct the | 525 |
inspection or investigation from the time the court order or | 526 |
search warrant was issued until the court order or search warrant | 527 |
is executed; for the salary, fringe benefits, and travel expenses | 528 |
of the director, an authorized representative of the director, or | 529 |
the attorney general incurred in obtaining the court order or | 530 |
search warrant; and for expenses necessarily incurred for the | 531 |
assistance of local law enforcement officers in executing the | 532 |
court order or search warrant. In the application for a court | 533 |
order or a search warrant, the director, the director's authorized | 534 |
representative, or the attorney general may request and the court, | 535 |
in its order granting the court order or search warrant, may order | 536 |
the owner or operator of the premises to reimburse the director | 537 |
for any of those costs that the court finds reasonable. From money | 538 |
recovered under this division, the director shall reimburse the | 539 |
attorney general for the costs incurred by the attorney general in | 540 |
connection with proceedings for obtaining the court order or | 541 |
search warrant, shall reimburse the political subdivision in which | 542 |
the premises is located for the assistance of its law enforcement | 543 |
officers in executing the court order or search warrant, and shall | 544 |
deposit the remainder in the state treasury to the credit of the | 545 |
high volume breeder kennel control license fund created in section | 546 |
956.18 of the Revised Code. | 547 |
(E) A dog warden appointed under Chapter 955. of the Revised | 548 |
Code or an agent of a humane society established under Chapter | 549 |
1717. of the Revised Code entering on public or private property | 550 |
to make investigations and inspections in accordance with Chapter | 551 |
955. or 1717. of the Revised Code, as applicable, shall report any | 552 |
violations of this chapter and rules adopted under it to the | 553 |
director or the director's authorized representative and may | 554 |
examine and copy any records that are required to be maintained | 555 |
under rules adopted under this chapter. | 556 |
Sec. 956.11. (A) The director of agriculture or the | 557 |
director's authorized representative may impound a dog if the | 558 |
director or the director's authorized representative has probable | 559 |
cause to believe that the dog is being kept by a high volume | 560 |
breeder or dog retailer in a manner that materially violates this | 561 |
chapter or rules adopted under it and if the dog's health or | 562 |
safety appears to be in imminent danger. In addition, the director | 563 |
or the director's authorized representative may impound a dog that | 564 |
is being kept by an animal rescue for dogs if the dog's health or | 565 |
safety appears to be in imminent danger. | 566 |
(B) The director or the director's authorized representative | 567 |
shall give written notice of the impoundment by posting a notice | 568 |
on the door of the premises from which the dog was taken or by | 569 |
otherwise posting the notice in a conspicuous place at the | 570 |
premises from which the dog was taken. The notice shall provide a | 571 |
date for an adjudication hearing, which shall take place not later | 572 |
than five business days after the dog is taken and at which the | 573 |
director shall determine if the dog should be permanently | 574 |
relinquished to the custody of the director. | 575 |
(C) The owner or operator of the applicable high volume | 576 |
breeder, the person acting as or performing the functions of a dog | 577 |
retailer, or the owner or operator of the applicable animal rescue | 578 |
for dogs may appeal the determination made at the adjudication | 579 |
hearing in accordance with section 119.12 of the Revised Code, | 580 |
except that the appeal may be made only to the environmental | 581 |
division of the Franklin county municipal court. | 582 |
(D) The director may enter into contracts or agreements with | 583 |
an animal rescue for dogs, an animal shelter for dogs, a boarding | 584 |
kennel, a veterinarian, a board of county commissioners, or a | 585 |
humane society established under Chapter 1717. of the Revised Code | 586 |
for the purpose of keeping, housing, and maintaining dogs that are | 587 |
impounded under this section. If, after the final disposition of | 588 |
an adjudication hearing and any appeals from that adjudication | 589 |
hearing, it is determined that a dog shall be permanently | 590 |
relinquished to the custody of the director, the dog may be | 591 |
adopted directly from the animal rescue for dogs, animal shelter | 592 |
for dogs, boarding kennel, veterinarian, county dog pound, or | 593 |
humane society where it is being kept, housed, and maintained, | 594 |
provided that the dog has been spayed or neutered unless there are | 595 |
medical reasons against spaying or neutering as determined by a | 596 |
veterinarian. The animal rescue for dogs, animal shelter for dogs, | 597 |
boarding kennel, veterinarian, county dog pound, or humane society | 598 |
may charge a reasonable adoption fee. The fee shall be at least | 599 |
sufficient to cover the costs of spaying or neutering the dog | 600 |
unless it is medically contraindicated. Impounded dogs shall be | 601 |
returned to persons acquitted of any alleged violations. | 602 |
Sec. 956.12. If the director of agriculture or the | 603 |
director's authorized representative determines that a person has | 604 |
violated or is violating this chapter or rules adopted under it, | 605 |
the director may issue and cause to be served by certified mail or | 606 |
personal service a citation of violation and an order requiring | 607 |
the person to cease the acts or practices that constitute a | 608 |
violation of this chapter or rules adopted under it or requiring | 609 |
the person to take corrective actions to eliminate the conditions | 610 |
that constitute a violation of this chapter and rules adopted | 611 |
under it. The order shall state specifically the provision or | 612 |
provisions of this chapter or the rule or rules adopted under this | 613 |
chapter that have been violated and the facts constituting the | 614 |
violation, the actions that the person must take to correct the | 615 |
deficiencies, and the time period within which the person must | 616 |
correct the violations. | 617 |
Sec. 956.13. (A) The director of agriculture may assess a | 618 |
civil penalty against a person violating this chapter or rules | 619 |
adopted under it if all of the following occur: | 620 |
(1) The person has received an order and been notified of the | 621 |
violation by certified mail or personal service as required in | 622 |
section 956.12 of the Revised Code. | 623 |
(2) After the time period for correcting the violation | 624 |
specified in the order has elapsed, the director or the director's | 625 |
authorized representative has inspected the premises where the | 626 |
violation has occurred and determined that the violation has not | 627 |
been corrected, and the director has issued a notice of an | 628 |
adjudication hearing pursuant to division (A)(3) of this section. | 629 |
(3) The director affords the person an opportunity for an | 630 |
adjudication hearing under Chapter 119. of the Revised Code to | 631 |
challenge the director's determination that the person is not in | 632 |
compliance with this chapter or rules adopted under it, the | 633 |
imposition of the civil penalty, or both. A person may waive the | 634 |
opportunity for an adjudication hearing. | 635 |
(B) If the opportunity for an adjudication hearing is waived | 636 |
or if, after an adjudication hearing, the director determines that | 637 |
a violation of this chapter or a rule adopted under it has | 638 |
occurred or is occurring, the director may assess a civil penalty. | 639 |
The civil penalty may be appealed in accordance with section | 640 |
119.12 of the Revised Code, except that the civil penalty may be | 641 |
appealed only to the environmental division of the Franklin county | 642 |
municipal court. | 643 |
(C) Civil penalties shall be assessed in the following | 644 |
amounts: | 645 |
(1) A person who has violated division (A)(1) of section | 646 |
956.04 or division (A)(1) of section 956.05 of the Revised Code | 647 |
shall pay a civil penalty in an amount that is established in | 648 |
rules adopted under section 956.03 of the Revised Code. | 649 |
(2) A person who has violated any other provision of this | 650 |
chapter or rules adopted under it, including the standards of care | 651 |
established under section 956.19 of the Revised Code, shall pay a | 652 |
civil penalty of twenty-five dollars. | 653 |
Each day that a violation continues constitutes a separate | 654 |
violation. | 655 |
Sec. 956.14. The attorney general, upon the request of the | 656 |
director of agriculture, may bring an action for injunction | 657 |
against a person who has violated or is violating this chapter, | 658 |
rules adopted under it, or an order issued under section 956.12 of | 659 |
the Revised Code. An action for injunction shall be filed in the | 660 |
appropriate court in the county in which the violation is alleged | 661 |
to have occurred. The court shall grant such injunctive relief | 662 |
upon a showing that the person against whom the action is brought | 663 |
has violated or is violating this chapter, rules adopted under it, | 664 |
or an order issued under it. The court shall give precedence to | 665 |
such an action over all other cases. | 666 |
Sec. 956.15. (A) The director of agriculture may deny an | 667 |
application for a license that is submitted under section 956.04, | 668 |
956.05, or 956.06 of the Revised Code for either of the following | 669 |
reasons: | 670 |
(1) The applicant for the license has violated any provision | 671 |
of this chapter or a rule adopted under it if the violation | 672 |
materially threatens the health or welfare of a dog. | 673 |
(2) The applicant, in the past twenty years, has been | 674 |
convicted of or pleaded guilty to violating section 959.01, | 675 |
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised | 676 |
Code or an equivalent municipal ordinance, law of another state, | 677 |
or law of the federal government or, in the past twenty years, has | 678 |
been convicted of or pleaded guilty to violating more than once | 679 |
section 2919.25 of the Revised Code or an equivalent municipal | 680 |
ordinance, law of another state, or law of the federal government. | 681 |
(B) The director may suspend or revoke a license issued under | 682 |
this chapter for violation of any provision of this chapter or a | 683 |
rule adopted or order issued under it if the violation materially | 684 |
threatens the health and welfare of a dog. | 685 |
(C) An application or a license shall not be denied, | 686 |
suspended, or revoked under this section without a written order | 687 |
of the director stating the findings on which the denial, | 688 |
suspension, or revocation is based. A copy of the order shall be | 689 |
sent to the applicant or license holder by certified mail or may | 690 |
be provided to the applicant or license holder by personal | 691 |
service. In addition, the person to whom a denial, suspension, or | 692 |
revocation applies may request an adjudication hearing under | 693 |
Chapter 119. of the Revised Code. The director shall comply with | 694 |
such a request. The determination of the director at an | 695 |
adjudication hearing may be appealed in accordance with section | 696 |
119.12 of the Revised Code, except that the determination may be | 697 |
appealed only to the environmental division of the Franklin county | 698 |
municipal court. | 699 |
Sec. 956.16. The director of agriculture, the director's | 700 |
authorized representative, or the attorney general may require the | 701 |
attendance of witnesses and the production of books, records, | 702 |
papers, and dogs that are needed either by the director or the | 703 |
attorney general or by any party to a hearing before the director | 704 |
and for that purpose may issue a subpoena for any witness or a | 705 |
subpoena duces tecum to compel the production of any books, | 706 |
records, papers, or dogs. The subpoena shall be served by personal | 707 |
service or by certified mail. If the subpoena is returned because | 708 |
of inability to deliver, or if no return is received within thirty | 709 |
days after the date of mailing, the subpoena may be served by | 710 |
ordinary mail. If no return of ordinary mail is received within | 711 |
thirty days after the date of mailing, service shall be deemed to | 712 |
have been made. If the subpoena is returned because of inability | 713 |
to deliver, the director or the attorney general may designate a | 714 |
person or persons to effect either personal or residence service | 715 |
on the witness. The person designated to effect personal or | 716 |
residence service under this section may be the sheriff of the | 717 |
county in which the witness resides or may be found or any other | 718 |
duly designated person. The fees and mileage of the person serving | 719 |
the subpoena shall be the same as those allowed by the courts of | 720 |
common pleas in criminal cases and shall be paid from the funds of | 721 |
the authority. Fees and mileage for the witness shall be the same | 722 |
as those allowed for witnesses by the courts of common pleas in | 723 |
criminal cases and, upon request of the witness following the | 724 |
hearing, shall be paid from the money in the high volume breeder | 725 |
kennel control license fund created in section 956.18 of the | 726 |
Revised Code. | 727 |
Sec. 956.17. The director of agriculture may contract with | 728 |
any political subdivision of the state to assist the director and | 729 |
the director's authorized representatives in administering and | 730 |
enforcing this chapter and rules adopted under it. | 731 |
Sec. 956.18. (A) All money collected by the director of | 732 |
agriculture from civil penalties assessed under section 956.13 of | 733 |
the Revised Code shall be deposited in the state treasury to the | 734 |
credit of the high volume breeder kennel control license fund, | 735 |
which is hereby created. The fund shall also consist of money | 736 |
appropriated to it. | 737 |
(B) No money may be released from the fund without | 738 |
controlling board approval. The commercial dog breeding oversight | 739 |
board created in section 956.19 of the Revised Code shall request | 740 |
the controlling board to release money in an amount not to exceed | 741 |
two million five hundred thousand dollars per biennium. | 742 |
(C) The director shall do both of the following: | 743 |
(1) Request the director of budget and management to, and the | 744 |
director of budget and management shall, transfer money to each | 745 |
county's dog and kennel fund established in section 955.20 of the | 746 |
Revised Code in accordance with a formula established by the | 747 |
director of agriculture in rules adopted in accordance with | 748 |
Chapter 119. of the Revised Code; | 749 |
(2) Use the remainder of the money in the fund for the | 750 |
purpose of administering this chapter and rules adopted under it. | 751 |
Sec. 956.19. (A) There is hereby created in the department | 752 |
of agriculture the commercial dog breeding oversight board | 753 |
consisting of all of the following members: | 754 |
(1) The state veterinarian in the department of agriculture; | 755 |
(2) The following six members appointed by the director of | 756 |
agriculture, with the advice and consent of the senate: | 757 |
(a) One member representing a county humane society | 758 |
established under Chapter 1717. of the Revised Code; | 759 |
(b) One member who is a county dog warden; | 760 |
(c) One member who is a veterinarian; | 761 |
(d) One member representing animal rescues for dogs in this | 762 |
state; | 763 |
(e) One member who is a member of a professional dog breeding | 764 |
association in this state; | 765 |
(f) One member representing the public. | 766 |
Initial appointments to the board shall be made not later | 767 |
than sixty days after the effective date of this section. Of the | 768 |
initial appointments, two shall be for one-year terms, two shall | 769 |
be for two-year terms, and two shall be for three-year terms. | 770 |
Thereafter, terms of office of appointed members shall be three | 771 |
years, with each term ending on the same day of the same month as | 772 |
did the term that it succeeds. Each member shall hold office from | 773 |
the date of appointment until the end of the term for which the | 774 |
member was appointed. Members may be reappointed. Vacancies shall | 775 |
be filled in the manner provided for the original appointments. | 776 |
Any member appointed to fill a vacancy occurring before the | 777 |
expiration date of the term for which the member's predecessor was | 778 |
appointed shall hold office for the remainder of the term. A | 779 |
member shall continue in office subsequent to the expiration date | 780 |
of the member's term until the member's successor takes office or | 781 |
until a period of sixty days has elapsed, whichever occurs first. | 782 |
(B) The director shall select a chairperson from among the | 783 |
board's members. A majority of the members of the board | 784 |
constitutes a quorum. The board shall meet at least four times a | 785 |
year in Columbus or at other locations selected by the | 786 |
chairperson. The chairperson shall determine the agenda for each | 787 |
meeting of the board. | 788 |
Members of the board shall serve without compensation for | 789 |
attending board meetings. Members of the board shall be reimbursed | 790 |
for their actual and necessary expenses incurred in the | 791 |
performance of official duties as members of the board. | 792 |
(C) The board shall provide oversight and evaluation of the | 793 |
administration of this chapter and rules adopted under it. The | 794 |
oversight and evaluation may include, but not be limited to, a | 795 |
determination of whether this chapter and rules adopted under it | 796 |
and the administration and enforcement of this chapter and rules | 797 |
adopted under it by the director have resulted in the prevention | 798 |
of cruelty to and abuse of dogs and an evaluation of the sanctions | 799 |
imposed on violators of this chapter and rules adopted under it. | 800 |
In addition, the board may make recommendations to the director | 801 |
for changes to the administration of this chapter and rules | 802 |
adopted under it and to the general assembly for changes to this | 803 |
chapter that the board considers necessary for the effective | 804 |
enforcement of this chapter and rules adopted under it. The board | 805 |
may inspect records kept by the director for the purposes of this | 806 |
chapter and may interview inspectors employed by the director to | 807 |
enforce this chapter and rules adopted under it. The board, by the | 808 |
thirty-first day of December each year, shall issue a report of | 809 |
its findings and submit it to the director, the president of the | 810 |
senate, and the speaker of the house of representatives. | 811 |
(D) For purposes of section 956.08 of the Revised Code, the | 812 |
board shall establish standards governing all of the following: | 813 |
(1) Housing; | 814 |
(2) Nutrition; | 815 |
(3) Exercise; | 816 |
(4) Grooming; | 817 |
(5) Biosecurity and disease control; | 818 |
(6) Waste management; | 819 |
(7) Whelping; | 820 |
(8) Any other general standards of care for dogs. | 821 |
(E) In establishing the standards under division (D) of this | 822 |
section, the board shall consider the following factors: | 823 |
(1) Best management practices for the care and well-being of | 824 |
dogs; | 825 |
(2) Biosecurity; | 826 |
(3) The prevention of disease; | 827 |
(4) Morbidity and mortality data; | 828 |
(5) Generally accepted veterinary medical standards and | 829 |
ethical standards established by the American veterinary medical | 830 |
association. | 831 |
(F) The board shall establish a system for rating high volume | 832 |
breeders licensed under this chapter. Ratings shall be based on | 833 |
compliance with this chapter and rules adopted and standards | 834 |
established under it. The board shall determine criteria to be | 835 |
used in establishing ratings. | 836 |
Sec. 956.20. (A) In accordance with rules adopted under | 837 |
section 956.03 of the Revised Code, at the time of the sale of a | 838 |
dog, a pet store shall provide the buyer of the dog with either of | 839 |
the following: | 840 |
(1) A record of veterinary examination that states that the | 841 |
dog presents no evidence of disease or physical deformity at the | 842 |
time of the examination; | 843 |
(2) A money-back guarantee that is valid for not less than | 844 |
twenty-one days after the date of purchase of the dog. The | 845 |
guarantee shall authorize the purchaser of the dog to receive the | 846 |
purchase price of the dog from the pet store within that | 847 |
twenty-one-day period if the purchaser presents a statement to the | 848 |
pet store from a veterinarian who has examined the dog within | 849 |
fourteen days of the purchase of the dog that the dog has a | 850 |
significant disease, illness, or injury that was in existence at | 851 |
the time of the purchase of the dog. | 852 |
(B) A pet store shall post written notice of the pet store's | 853 |
responsibility under this section in a conspicuous location near | 854 |
the pet store's cash register. The written notice shall be posted | 855 |
in accordance with rules and shall be in prominent and easily read | 856 |
type that is not less than eighteen-point type. | 857 |
(C) At a time prior to the sale of a dog, a pet store shall | 858 |
provide the name, complete address, and telephone number of the | 859 |
breeder that bred the dog, the high volume breeder where the dog | 860 |
was kept, housed, and maintained, and the dog retailer from whom | 861 |
the pet store acquired the dog, as applicable. The pet store also | 862 |
shall provide the telephone number and the address of the | 863 |
department of agriculture. | 864 |
(D) No pet store shall fail to comply with this section. | 865 |
(E) A pet store that fails to comply with division (A)(1) of | 866 |
this section with respect to the sale of a dog or a pet store that | 867 |
fails to refund the purchase price of a dog in accordance with | 868 |
division (A)(2) of this section is liable to the purchaser of the | 869 |
dog for an amount that is equal to the actual damages incurred by | 870 |
the purchaser within one year after the date of the purchase of | 871 |
the dog, except that veterinary expenses are to be limited to not | 872 |
more than five hundred dollars. The pet store also is liable for | 873 |
reasonable attorney's fees and costs incurred by the purchaser. In | 874 |
addition, the buyer of the dog may keep the dog. | 875 |
(F) The director of agriculture or the director's authorized | 876 |
representative shall enforce divisions (A) to (D) of this section. | 877 |
Inspectors employed by the director for the purposes of this | 878 |
chapter may make inspections of pet stores for the purpose of | 879 |
enforcing those divisions. | 880 |
(G) A purchaser shall commence any action necessary to | 881 |
recover damages specified in division (E) of this section within | 882 |
two years from the date of purchase of a dog. | 883 |
Sec. 956.21. No high volume breeder shall sell or otherwise | 884 |
transfer a puppy that is less than ninety days old without | 885 |
registering the litter in which the puppy was born with the | 886 |
director of agriculture in accordance with rules adopted under | 887 |
section 956.03 of the Revised Code. This section does not apply to | 888 |
an animal rescue for dogs or an animal shelter for dogs. | 889 |
Sec. 1901.183. In addition to jurisdiction otherwise granted | 890 |
in this chapter, the environmental division of a municipal court | 891 |
shall have jurisdiction within its territory in all of the | 892 |
following actions or proceedings and to perform all of the | 893 |
following functions: | 894 |
(A) Notwithstanding any monetary limitations in section | 895 |
1901.17 of the Revised Code, in all actions and proceedings for | 896 |
the sale of real or personal property under lien of a judgment of | 897 |
the environmental division of the municipal court, or a lien for | 898 |
machinery, material, fuel furnished, or labor performed, | 899 |
irrespective of amount, and, in those cases, the environmental | 900 |
division may proceed to foreclose and marshal all liens and all | 901 |
vested or contingent rights, to appoint a receiver, and to render | 902 |
personal judgment irrespective of amount in favor of any party; | 903 |
(B) When in aid of execution of a judgment of the | 904 |
environmental division of the municipal court, in all actions for | 905 |
the foreclosure of a mortgage on real property given to secure the | 906 |
payment of money, or the enforcement of a specific lien for money | 907 |
or other encumbrance or charge on real property, when the real | 908 |
property is situated within the territory, and, in those cases, | 909 |
the environmental division may proceed to foreclose all liens and | 910 |
all vested and contingent rights and proceed to render judgments, | 911 |
and make findings and orders, between the parties, in the same | 912 |
manner and to the same extent as in similar cases in the court of | 913 |
common pleas; | 914 |
(C) When in aid of execution of a judgment of the | 915 |
environmental division of the municipal court, in all actions for | 916 |
the recovery of real property situated within the territory to the | 917 |
same extent as courts of common pleas have jurisdiction; | 918 |
(D) In all actions for injunction to prevent or terminate | 919 |
violations of the ordinances and regulations of any municipal | 920 |
corporation within its territory enacted or promulgated under the | 921 |
police power of that municipal corporation pursuant to Section 3 | 922 |
of Article XVIII, Ohio Constitution, over which the court of | 923 |
common pleas has or may have jurisdiction, and, in those cases, | 924 |
the environmental division of the municipal court may proceed to | 925 |
render judgments, and make findings and orders, in the same manner | 926 |
and to the same extent as in similar cases in the court of common | 927 |
pleas; | 928 |
(E) In all actions for injunction to prevent or terminate | 929 |
violations of the resolutions and regulations of any political | 930 |
subdivision within its territory enacted or promulgated under the | 931 |
power of that political subdivision pursuant to Article X of the | 932 |
Ohio Constitution, over which the court of common pleas has or may | 933 |
have jurisdiction, and, in those cases, the environmental division | 934 |
of the municipal court may proceed to render judgments, and make | 935 |
findings and orders, in the same manner and to the same extent as | 936 |
in similar cases in the court of common pleas; | 937 |
(F) In any civil action to enforce any provision of Chapter | 938 |
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code | 939 |
over which the court of common pleas has or may have jurisdiction, | 940 |
and, in those actions, the environmental division of the municipal | 941 |
court may proceed to render judgments, and make findings and | 942 |
orders, in the same manner and to the same extent as in similar | 943 |
actions in the court of common pleas; | 944 |
(G) In all actions and proceedings in the nature of | 945 |
creditors' bills, and in aid of execution to subject the interests | 946 |
of a judgment debtor in real or personal property to the payment | 947 |
of a judgment of the division, and, in those actions and | 948 |
proceedings, the environmental division may proceed to marshal and | 949 |
foreclose all liens on the property irrespective of the amount of | 950 |
the lien, and all vested or contingent rights in the property; | 951 |
(H) Concurrent jurisdiction with the court of common pleas of | 952 |
all criminal actions or proceedings related to the pollution of | 953 |
the air, ground, or water within the territory of the | 954 |
environmental division of the municipal court, for which a | 955 |
sentence of death cannot be imposed under Chapter 2903. of the | 956 |
Revised Code; | 957 |
(I) In any review or appeal of any final order of any | 958 |
administrative officer, agency, board, department, tribunal, | 959 |
commission, or other instrumentality that relates to a local | 960 |
building, housing, air pollution, sanitation, health, fire, | 961 |
zoning, or safety code, ordinance, or regulation, in the same | 962 |
manner and to the same extent as in similar appeals in the court | 963 |
of common pleas; | 964 |
(J) With respect to the environmental division of the | 965 |
Franklin county municipal court, to hear appeals from adjudication | 966 |
hearings conducted under Chapter 956. of the Revised Code. | 967 |
Section 2. That existing sections 955.02, 955.10, 955.12, | 968 |
955.20, 955.26, and 1901.183 of the Revised Code are hereby | 969 |
repealed. | 970 |
Section 3. It is the intent of the General Assembly to | 971 |
appropriate money to the High Volume Breeder Kennel Control | 972 |
License Fund created in section 956.18 of the Revised Code to | 973 |
enable the Director of Agriculture to begin administering Chapter | 974 |
956. of the Revised Code and rules adopted under it. | 975 |