Bill Text: OH HB124 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To establish licensing requirements and standards of care for certain dog breeding kennels, dog intermediaries, and animal rescues for dogs.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2009-04-08 - To Agriculture & Natural Resources [HB124 Detail]

Download: Ohio-2009-HB124-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 124


Representatives Hagan, Weddington 

Cosponsors: Representatives Harris, Ujvagi, Yuko, Combs, Heard, Skindell, Patten, Letson, Winburn, Williams, B., DeGeeter, Foley, Chandler, Celeste, Slesnick, Brown, Bacon 



A BILL
To amend sections 955.02, 955.10, 955.12, 955.20, 1
955.26, and 1901.183 and to enact sections 956.01, 2
956.011, 956.02 to 956.08, 956.081, 956.09 to 3
956.20, 956.98, and 956.99 of the Revised Code to 4
establish licensing requirements and standards of 5
care for certain dog breeding kennels, dog 6
intermediaries, and animal rescues for dogs.7


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

       Section 1.  That sections 955.02, 955.10, 955.12, 955.20, 8
955.26, and 1901.183 be amended and sections 956.01, 956.011, 9
956.02, 956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.081, 10
956.09, 956.10, 956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 11
956.17, 956.18, 956.19, 956.20, 956.98, and 956.99 of the Revised 12
Code be enacted to read as follows:13

       Sec. 955.02. AAs used in this chapter, "dog kennel" or 14
"kennel owner is a person, partnership, firm, company, or15
corporation professionally engaged in the business" means an 16
establishment that keeps, houses, and maintains adult dogs, as 17
defined in section 956.01 of the Revised Code, for the purpose of 18
breeding the dogs for hunting or for a fee or other consideration 19
received through a sale, exchange, or lease and that is not a 20
regulated dog breeding kennel licensed under Chapter 956. of the 21
Revised Code.22

       Sec. 955.10.  No owner of a dog, except a dog constantly 23
confined to a registereddog kennel registered under this chapter 24
or a regulated dog breeding kennel licensed under Chapter 956. of 25
the Revised Code, shall fail to require the dog to wear, at all 26
times, a valid tag issued in connection with a certificate of 27
registration. A dog's failuredog found not wearing at any time to 28
wear a valid tag shall be prima-facie evidence of lack of 29
registration and shall subject any dog found not wearing such a30
tag to impounding, sale, or destruction.31

       Sec. 955.12.  The board of county commissioners shall appoint 32
or employ a county dog warden and deputies in such number, for 33
such periods of time, and at such compensation as the board 34
considers necessary to enforce sections 955.01 to 955.27, 955.29 35
to 955.38, and 955.50 to 955.53 of the Revised Code.36

       The warden and deputies shall give bond in a sum not less37
than five hundred dollars and not more than two thousand dollars,38
as set by the board, conditioned for the faithful performance of39
their duties. The bond or bonds may, in the discretion of the40
board, be individual or blanket bonds. The bonds shall be filed41
with the county auditor of their respective counties. 42

       The warden and deputies shall make a record of all dogs 43
owned, kept, and harbored in their respective counties. They shall 44
patrol their respective counties and seize and impound on sight 45
all dogs found running at large and all dogs more than three 46
months of age found not wearing a valid registration tag, except 47
any dog that wears a valid registration tag and is: on the 48
premises of its owner, keeper, or harborer, under the reasonable 49
control of its owner or some other person, hunting with its owner 50
or its handler at a field trial, kept constantly confined in a 51
registered dog kennel registered under this chapter or a regulated 52
dog breeding kennel licensed under Chapter 956. of the Revised 53
Code, or acquired by, and confined on the premises of, an 54
institution or organization of the type described in section 55
955.16 of the Revised Code. A dog that wears a valid registration 56
tag may be seized on the premises of its owner, keeper, or 57
harborer and impounded only in the event of a natural disaster.58

       If a dog warden has reason to believe that a dog is being 59
treated inhumanely on the premises of its owner, keeper, or 60
harborer, the warden shall apply to the court of common pleas for 61
the county in which the premises are located for an order to enter 62
the premises, and if necessary, seize the dog. If the court finds63
probable cause to believe that the dog is being treated64
inhumanely, it shall issue such an order. 65

       The warden and deputies shall also investigate all claims for 66
damages to animals reported to them under section 955.29 of the 67
Revised Code and assist claimants to fill out the claim form 68
therefor. They shall make weekly reports, in writing, to the 69
board in their respective counties of all dogs seized, impounded, 70
redeemed, and destroyed and of all claims for damage to animals 71
inflicted by dogs. 72

       The wardens and deputies shall have the same police powers as 73
are conferred upon sheriffs and police officers in the performance 74
of their duties as prescribed by sections 955.01 to 955.27, 955.29 75
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall 76
also have power to summon the assistance of bystanders in 77
performing their duties and may serve writs and other legal 78
processes issued by any court in their respective counties with 79
reference to enforcing those sections. County auditors may 80
deputize the wardens or deputies to issue dog licenses as 81
provided in sections 955.01 and 955.14 of the Revised Code. 82

       Whenever any person files an affidavit in a court of 83
competent jurisdiction that there is a dog running at large that 84
is not kept constantly confined either in a registered dog kennel 85
registered under this chapter or a regulated dog breeding kennel 86
licensed under Chapter 956. of the Revised Code or on the 87
premises of an institution or organization of the type described 88
in section 955.16 of the Revised Code or that a dog is kept or 89
harbored in the warden's jurisdiction without being registered as 90
required by law, the court shall immediately order the warden to 91
seize and impound the dog. Thereupon the warden shall immediately 92
seize and impound the dog complained of. The warden shall give 93
immediate notice by certified mail to the owner, keeper, or 94
harborer of the dog seized and impounded by the warden, if the 95
owner, keeper, or harborer can be determined from the current 96
year's registration list maintained by the warden and the county 97
auditor of the county where the dog is registered, that the dog 98
has been impounded and that, unless the dog is redeemed within 99
fourteen days of the date of the notice, it may thereafter be 100
sold or destroyed according to law. If the owner, keeper, or101
harborer cannot be determined from the current year's registration 102
list maintained by the warden and the county auditor of the county 103
where the dog is registered, the officer shall post a notice in 104
the pound or animal shelter both describing the dog and place 105
where seized and advising the unknown owner that, unless the dog 106
is redeemed within three days, it may thereafter be sold or 107
destroyed according to law.108

       As used in this section, "animal" has the same meaning as in 109
section 955.51 of the Revised Code.110

       Sec. 955.20.  The registration fees provided for in sections111
955.01 to 955.14 of the Revised Code and money transferred to the 112
county under section 956.07 of the Revised Code constitute a113
special fund known as "the dog and kennel fund." The fees shall 114
be deposited by the county auditor in the county treasury daily as115
collected and. Money in the fund shall be used for the purpose of 116
defraying the cost of furnishing all blanks, records, tags, nets, 117
and other equipment, for the purpose of paying the compensation of 118
county dog wardens, deputies, poundkeepers, and other employees 119
necessary to carry out and enforce sections 955.01 to 955.261 of 120
the Revised Code, and for the payment of animal claims as provided 121
in sections 955.29 to 955.38 of the Revised Code, and in 122
accordance with section 955.27 of the Revised Code. The board of 123
county commissioners, by resolution, shall appropriate sufficient 124
funds out of the dog and kennel fund, not more than fifteen per 125
cent of which shall be expended by the auditor for registration 126
tags, blanks, records, and clerk hire, for the purpose of 127
defraying the necessary expenses of registering, seizing, 128
impounding, and destroying dogs in accordance with sections 955.01 129
to 955.27 of the Revised Code, and for the purpose of covering any 130
additional expenses incurred by the county auditor as authorized 131
by division (F)(3) of section 955.14 of the Revised Code.132

       If the funds so appropriated in any calendar year are found133
by the board to be insufficient to defray the necessary cost and134
expense of the county dog warden in enforcing sections 955.01 to135
955.27 of the Revised Code, the board, by resolution so provided,136
after setting aside a sum equal to the total amount of animal137
claims paid orfiled in that calendar year, or an amount equal to 138
the total amount of animal claims paid or allowed the preceding 139
year, whichever amount is larger, may appropriate further funds 140
for the use and purpose of the county dog warden in administering 141
those sections.142

       Money received by a county under section 956.07 of the 143
Revised Code is subject to audit by the auditor of state.144

       Sec. 955.26.  Whenever, in the judgment of the director of145
health, any city or general health district board of health, or146
persons performing the duties of a board of health, rabies is147
prevalent, the director of health, the board, or those persons148
shall declare a quarantine of all dogs in the health district or149
in a part of it. During the quarantine, the owner, keeper, or150
harborer of any dog shall keep it confined on the premises of the151
owner, keeper, or harborer, or in a suitable pound or, kennel, or 152
other suitable place, at the expense of the owner, keeper, or 153
harborer, except that a dog may be permitted to leave the premises 154
of its owner, keeper, or harborer if it is under leash or under 155
the control of a responsible person. The quarantine order shall be 156
considered an emergency and need not be published.157

       When the quarantine has been declared, the director of158
health, the board, or those persons may require vaccination for159
rabies of all dogs within the health district or part of it. Proof 160
of rabies vaccination within a satisfactory period shall be161
demonstrated to the county auditor before any registration is162
issued under section 955.01 of the Revised Code for any dog that163
is required to be vaccinated.164

       The public health council shall determine appropriate methods 165
of rabies vaccination and satisfactory periods for purposes of 166
quarantines under this section.167

       When a quarantine of dogs has been declared in any health168
district or part of a health district, the county dog warden and169
all other persons having the authority of police officers shall170
assist the health authorities in enforcing the quarantine order.171
When rabies vaccination has been declared compulsory in any health 172
district or part of a health district, the dog warden shall assist 173
the health authorities in enforcing the vaccination order.174

       Notwithstanding the provisions of this section, a city or175
general health district board of health may make orders pursuant176
to sections 3709.20 and 3709.21 of the Revised Code requiring the177
vaccination of dogs.178

       Sec. 956.01.  As used in this chapter:179

       (A) "Adult dog" means a dog that is twelve months of age or 180
older.181

       (B) "Animal rescue for dogs" means an individual or 182
organization recognized by the director of the kennel control 183
authority that keeps, houses, and maintains dogs and that is 184
dedicated to the welfare, health, safety, and protection of 185
dogs, provided that the individual or organization does not 186
operate for profit, does not sell dogs for a profit, does not 187
breed dogs, and does not purchase more than nine dogs in any given 188
calendar year unless the dogs are purchased from a dog warden 189
appointed under Chapter 955. of the Revised Code, a humane society 190
established under Chapter 1717. of the Revised Code, or another 191
animal rescue for dogs. "Animal rescue for dogs" includes an 192
individual or organization that offers dogs for adoption and 193
charges reasonable adoption fees approved by the director of 194
the authority under this chapter to cover the costs of the 195
individual or organization, including, but not limited to, 196
costs related to spaying or neutering dogs.197

       (C) "Animal shelter for dogs" means a facility that keeps, 198
houses, and maintains dogs and that is operated by a humane 199
society established under Chapter 1717. of the Revised Code, 200
animal welfare society, society for the prevention of cruelty to 201
animals, or other nonprofit organization that is devoted to the 202
welfare, protection, and humane treatment of dogs and other 203
animals.204

       (D) "Boarding kennel" means an establishment operating for 205
profit that keeps, houses, and maintains dogs solely for the 206
purpose of providing shelter, care, and feeding of the dogs in 207
return for a fee or other consideration.208

       (E) "Breeding dog" means an unneutered, unspayed dog that is 209
primarily harbored or housed on property that is the dog's 210
primary residence.211

       (F) "Regulated dog breeding kennel" means an establishment 212
that keeps, houses, and maintains adult breeding dogs that produce 213
either at least nine litters of puppies or at least forty puppies 214
in any given calendar year and, in return for a fee or other 215
consideration, sells, exchanges, or leases adult dogs or puppies.216

       (G) "Regulated dog intermediary" means a person who buys, 217
sells, offers to sell, donates, gives, or exchanges more than 218
nine dogs annually in this state or who sells or gives one or 219
more dogs to a pet store annually. "Regulated dog intermediary" 220
does not include an animal rescue for dogs, an animal shelter 221
for dogs, a humane society established under Chapter 1717. of 222
the Revised Code, a medical kennel for dogs, a research kennel 223
for dogs, or a veterinarian.224

       (H) "Enclosure, crate, or cage" does not include an 225
enclosure, crate, or cage that is used during the transportation 226
of a dog or used for medical purposes.227

       (I) "Environmental division of the Franklin county municipal 228
court" means the environmental division of the Franklin county 229
municipal court created in section 1901.011 of the Revised Code.230

       (J) "Medical kennel for dogs" means a facility that is 231
maintained by a veterinarian and operated primarily for the 232
treatment of sick or injured dogs.233

       (K) "Pet store" means a retail store that sells dogs to the 234
public.235

       (L) "Puppy" means a dog that is under twelve months of age.236

       (M) "Research kennel for dogs" means a facility housing dogs 237
that is maintained exclusively for research purposes.238

       (N) "Veterinarian" means a veterinarian licensed under 239
Chapter 4741. of the Revised Code.240

       Sec. 956.011.  Medical kennels for dogs, research kennels for 241
dogs, and veterinarians are not required to obtain a license 242
under this chapter or comply with any other requirements of this 243
chapter and rules adopted under it.244

       Sec. 956.02.  There is hereby created the kennel control 245
authority for the purpose of administering this chapter and 246
rules adopted under it by the director of the authority and 247
ensuring the welfare and humane treatment of dogs and their 248
offspring in accordance with this chapter and rules adopted 249
under it. The kennel control authority board created in section 250
956.18 of the Revised Code shall designate a suitable individual 251
as director of the authority, who shall serve at the board's 252
pleasure.253

       The director may contract with any political subdivision of 254
the state to assist the director and the director's authorized 255
representatives in administering and enforcing this chapter and 256
the rules adopted under it.257

       Sec. 956.03.  The director of the kennel control authority258
shall adopt rules in accordance with Chapter 119. of the Revised 259
Code establishing all of the following:260

       (A) Requirements and procedures governing regulated dog 261
breeding kennels, including the licensing and inspection of and 262
record keeping by regulated dog breeding kennels, in addition to 263
the requirements and procedures established in this chapter. The 264
rules shall require that a regulated dog breeding kennel be 265
assigned a license number and that a regulated dog breeding kennel 266
provide the license number and the applicable vendor number 267
assigned by the department of taxation whenever it solicits 268
business or it is solicited for business. In addition, the rules 269
shall require any other person to provide such a vendor number 270
when soliciting to sell an adult dog or a puppy or when solicited 271
for such a sale.272

       (B) Requirements and procedures for conducting background 273
investigations of each applicant for a license issued under 274
section 956.04 of the Revised Code in order to determine if the 275
applicant has been convicted of or pleaded guilty to any of the 276
violations specified in division (H) of that section. The rules 277
shall provide that background investigations shall be conducted 278
solely by the attorney general on behalf of the kennel control 279
authority. The rules shall establish procedures for annually 280
updating background investigation information regarding an 281
applicant after an initial background investigation has been 282
conducted with respect to an initial application for a license 283
submitted under that section.284

       (C) Requirements and procedures governing regulated dog 285
intermediaries, including the licensing of and record keeping by 286
regulated dog intermediaries, in addition to the requirements and 287
procedures established in this chapter. The rules shall require 288
that a regulated dog intermediary be assigned a license number and 289
that a regulated dog intermediary provide the license number and 290
the applicable vendor number assigned by the department of 291
taxation whenever it solicits business or it is solicited for 292
business.293

       (D) Requirements and procedures governing animal rescues for 294
dogs, including the licensing and inspection of and record keeping 295
by animal rescues for dogs, in addition to the requirements and 296
procedures established in this chapter;297

       (E) The form of applications for licenses issued under this 298
chapter and the information that is required to be submitted in 299
the applications. The rules shall require an animal rescue for 300
dogs to provide in an application for a license the name and 301
address of each foster home that it utilizes.302

       (F) A requirement that each regulated dog breeding kennel 303
submit to the director, with an application for a regulated dog 304
breeding kennel license, evidence of insurance or, in the 305
alternative, evidence of a surety bond payable to the authority 306
to ensure compliance with this chapter and rules adopted under 307
it. The face value of the insurance coverage or bond shall be in 308
the following amounts:309

       (1) Five thousand dollars for regulated dog breeding kennels 310
keeping, housing, and maintaining not more than twenty-five adult 311
dogs;312

       (2) Ten thousand dollars for regulated dog breeding kennels 313
keeping, housing, and maintaining at least twenty-six adult dogs, 314
but not more than fifty adult dogs;315

       (3) Fifty thousand dollars for regulated dog breeding kennels 316
keeping, housing, and maintaining more than fifty adult dogs.317

       The rules shall require that the insurance be payable to the 318
state or that the surety bond be subject to redemption by the 319
state, as applicable, upon a suspension or revocation of a 320
regulated dog breeding kennel license for the purpose of paying 321
for the maintenance and care of dogs that are seized or otherwise 322
impounded from the regulated dog breeding kennel in accordance 323
with this chapter.324

       (G) Procedures for inspections conducted under section 956.10 325
of the Revised Code in addition to the procedures established in 326
that section, and procedures for making records of the 327
inspections;328

       (H) Requirements and procedures that are necessary to 329
implement and enforce the requirements pertaining to pet stores 330
that are established in section 956.19 of the Revised Code;331

       (I)(1) A requirement that an in-state retailer or direct 332
seller of a puppy or adult dog provide to the purchaser the 333
complete name, address, and telephone number of all regulated dog 334
breeding kennels, regulated dog intermediaries, and private 335
owners that kept, housed, or maintained the puppy or adult dog 336
prior to its coming into the possession of the retailer or direct 337
seller, or proof that the puppy or adult dog was acquired through 338
an animal rescue for dogs, animal shelter for dogs, or humane 339
society established under Chapter 1717. of the Revised Code, or a 340
valid health certificate from the state of origin pertaining to 341
the puppy or adult dog;342

       (2) A requirement that an out-of-state retailer or direct 343
seller of a puppy or adult dog that is conducting business in this 344
state provide to the purchaser a valid health certificate from the 345
state of origin pertaining to the puppy or adult dog and the 346
complete name, address, and telephone number of all dog breeding 347
kennels, sellers, and private owners that kept, housed, or 348
maintained the puppy or adult dog prior to its coming into the 349
possession of the retailer or direct seller or proof that the 350
puppy or adult dog was acquired through an animal rescue for 351
dogs, animal shelter for dogs, or humane society in this state or 352
another state.353

       (J) A requirement that a person who advertises the sale of a 354
puppy or adult dog include with the advertisement the person's 355
vendor number assigned by the tax commissioner if the sale of the 356
puppy or dog is subject to the tax levied under Chapter 5739. of 357
the Revised Code;358

       (K) Requirements and procedures governing the registration of 359
litters under section 956.20 of the Revised Code;360

       (L) A requirement that a licensed regulated dog breeding 361
kennel and a licensed regulated dog intermediary comply with 362
Chapter 5739. of the Revised Code. The rules shall authorize the 363
director to suspend or revoke a license for failure to comply with 364
that chapter. The director shall work in conjunction with the tax 365
commissioner for the purposes of this division.366

       (M) Any other requirements and procedures that are determined 367
by the commission to be necessary for the administration and 368
enforcement of this chapter and rules adopted under it.369

       Sec. 956.04.  (A)(1) No person shall operate a regulated dog 370
breeding kennel in this state without a regulated dog breeding 371
kennel license issued by the director of the kennel control 372
authority in accordance with this section and rules adopted 373
under section 956.03 of the Revised Code.374

       (2) The director shall not issue a license under this 375
section unless the director determines that the applicant will 376
operate or will continue to operate the regulated dog breeding 377
kennel in accordance with this chapter and rules adopted under 378
it.379

       (B) In determining whether an establishment is a regulated 380
dog breeding kennel requiring a license under this chapter, the 381
director shall determine if, in any given year, the establishment 382
is a regulated dog breeding kennel as defined in section 956.01 of 383
the Revised Code. All facilities that are located at an individual 384
postal address shall be licensed as one regulated dog breeding 385
kennel. Not more than one license shall be issued under this 386
section for any given postal address.387

       (C) A person who is proposing to operate a new regulated dog 388
breeding kennel, at least ninety days prior to the operation of 389
the regulated dog breeding kennel, shall submit an application for 390
a license to the director. The application shall be submitted in 391
the form and with the information required by rules adopted under 392
section 956.03 of the Revised Code and shall include with it at 393
least all of the following:394

        (1) An affidavit signed under oath or solemn affirmation of 395
the number of adult dogs that are kept, housed, and maintained by 396
the applicant at the location that is the subject of the 397
application;398

        (2) An estimate of the number of puppies to be kept, housed, 399
and maintained and of the number of litters of puppies or total 400
number of puppies to be produced during the annual term of the 401
license;402

        (3) Photographic evidence documenting the facilities where 403
dogs will be kept, housed, and maintained by the applicant. The 404
kennel control authority may conduct an inspection of the 405
facilities that are the subject of an application in addition to 406
reviewing photographic evidence submitted by an applicant for a 407
license.408

        (4) A signed release permitting the performance of a 409
background investigation regarding the applicant in accordance 410
with rules adopted under section 956.03 of the Revised Code;411

        (5) The names and addresses and any other identifying 412
information required by rules adopted under section 956.03 of the 413
Revised Code of all persons who will have custody of or control 414
over dogs kept by the applicant.415

       (D) During the month of December, but before the first day of 416
January of the next year, a person who is proposing to continue 417
the operation of a regulated dog breeding kennel shall obtain a 418
license for the regulated dog breeding kennel from the director 419
for the following year. The person shall submit the application to 420
the director on or before the last day of November of the year 421
preceding the year for which the license is sought.422

       (E) The owner or operator of a regulated dog breeding kennel 423
that is in operation on the effective date of this section shall 424
submit to the director an application for a regulated dog 425
breeding kennel license not later than three months after the 426
effective date of this section. The director shall issue or deny 427
the application for a license within ninety days after the 428
receipt of the completed application.429

       (F) A person who has received a license under this section, 430
upon sale or other disposition of the regulated dog breeding 431
kennel, may have the license transferred to another person with 432
the consent of the director, provided that the transferee 433
otherwise qualifies to be licensed as a regulated dog breeding 434
kennel under this chapter and rules adopted under it and does not 435
have a certified unpaid debt to the state.436

       (G) An applicant for a license issued under this section 437
shall demonstrate that the regulated dog breeding kennel that is 438
the subject of the application complies with the standards of care 439
and other standards established under this chapter.440

       (H) No person shall be licensed as or operate a regulated dog 441
breeding kennel who has been convicted of or pleaded guilty to 442
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 443
959.15, or 959.16 of the Revised Code or an equivalent municipal 444
ordinance, law of another state, or law of the federal government 445
or has been convicted of or pleaded guilty to violating more than 446
once section 2919.25 of the Revised Code or an equivalent 447
municipal ordinance, law of another state, or law of the federal 448
government.449

       Sec. 956.05.  (A)(1) No person shall act as or perform the 450
functions of a regulated dog intermediary in this state without a 451
regulated dog intermediary license issued by the director of the 452
kennel control authority in accordance with this section and rules 453
adopted under section 956.03 of the Revised Code.454

       (2) The director shall not issue a license under this 455
section unless the director determines that the applicant will 456
act as or perform the functions of a regulated dog intermediary 457
in accordance with this chapter and rules adopted under it.458

       (B) A person who is proposing to act as or perform the 459
functions of a regulated dog intermediary shall submit an 460
application for a license to the director. During the month of 461
December, but before the first day of January of the next year, a 462
person who is proposing to continue to act as or perform the 463
functions of a regulated dog intermediary shall obtain a license 464
from the director for the following year. The person shall submit 465
the application to the director on or before the last day of 466
November of the year preceding the year for which the license is 467
sought.468

       (C) A person who is acting as or performing the functions of 469
a regulated dog intermediary on the effective date of this section 470
shall submit to the director an application for a regulated dog 471
intermediary license not later than three months after the 472
effective date of this section. The director shall issue or deny 473
the application for a license within ninety days after the 474
receipt of the completed application.475

       (D) No person shall be licensed as or act as or perform the 476
functions of a regulated dog intermediary who has been convicted 477
of or pleaded guilty to violating section 959.01, 959.02, 959.03, 478
959.13, 959.131, 959.15, or 959.16 of the Revised Code or an 479
equivalent municipal ordinance, law of another state, or law of 480
the federal government or has been convicted of or pleaded guilty 481
to violating more than once section 2919.25 of the Revised Code 482
or an equivalent municipal ordinance, law of another state, or 483
law of the federal government.484

       Sec. 956.06. (A) No person shall operate an animal rescue for 485
dogs without a license to do so issued by the director of the 486
kennel control authority in accordance with rules adopted under 487
section 956.03 of the Revised Code. No license application fee 488
shall be charged to an animal rescue for dogs. The director shall 489
maintain a database of all persons that are licensed to operate 490
an animal rescue for dogs in this state.491

       (B) No person shall be licensed as or operate an animal 492
rescue for dogs who has been convicted of or pleaded guilty to 493
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, 494
or 959.16 of the Revised Code or an equivalent municipal 495
ordinance, law of another state, or law of the federal government 496
or has been convicted of or pleaded guilty to violating more than 497
once section 2919.25 of the Revised Code or an equivalent 498
municipal ordinance, law of another state, or law of the federal 499
government.500

       Sec. 956.07. (A) A person who is applying for a license to 501
operate a regulated dog breeding kennel or to act as or perform 502
the functions of a regulated dog intermediary under section 956.04 503
or 956.05 of the Revised Code, as applicable, shall include with 504
the application for a license a nonrefundable license application 505
fee as follows:506

       (1) For a regulated dog breeding kennel:507

       (a) One hundred fifty dollars if breeding dogs at the 508
regulated dog breeding kennel annually produce at least nine, but 509
not more than fifteen litters or, if fewer than nine litters are 510
produced, at least forty puppies are produced in a calendar year 511
at the kennel;512

       (b) Two hundred fifty dollars if breeding dogs at the 513
regulated dog breeding kennel annually produce at least sixteen, 514
but not more than twenty-five litters;515

       (c) Three hundred fifty dollars if breeding dogs at the 516
regulated dog breeding kennel annually produce at least 517
twenty-six, but not more than thirty-five litters;518

       (d) Five hundred dollars if breeding dogs at the regulated 519
dog breeding kennel annually produce at least thirty-six, but not 520
more than forty-five litters;521

       (e) Seven hundred fifty dollars if breeding dogs at the 522
regulated dog breeding kennel annually produce forty-six or more 523
litters.524

       (2) For a regulated dog intermediary, five hundred dollars.525

       (B) The owner of a boarding kennel shall register the 526
boarding kennel with the director of the kennel control authority 527
by paying an annual fee of fifty dollars.528

       (C) Money collected by the director from application and 529
registration fees submitted under this section shall be 530
transmitted by the director to the treasurer of state to be 531
credited to the regulated dog breeding kennel control license 532
fund created in section 956.17 of the Revised Code. However, the 533
treasurer of state shall transfer to the county in which a 534
regulated dog breeding kennel is or will be located fifty 535
dollars of the application fee received from the person who is 536
applying for a license to operate the regulated dog breeding 537
kennel or an amount equal to the fee charged on January 1, 2009, 538
by the county for the registration of a kennel under section 539
955.04 of the Revised Code, whichever is greater. The county 540
auditor shall deposit the money in the county's dog and kennel 541
fund created in accordance with section 955.20 of the Revised 542
Code.543

       Sec. 956.08. No person operating a regulated dog breeding 544
kennel or acting as or performing the functions of a regulated dog 545
intermediary shall do any of the following:546

       (A) Fail to keep or confine a dog in accordance with one of 547
the following:548

       (1) In an indoor enclosure with an attached outdoor enclosure 549
that is accessible to the dog, provided that not more than three 550
dogs are kept or confined in the indoor or outdoor enclosure at 551
any one time. For dogs that weigh less than twenty pounds, the 552
indoor enclosure shall be at least four feet by four feet with an 553
attached outdoor enclosure of at least four feet by eight feet. 554
For dogs that weigh at least twenty pounds, but less than 555
fifty-one pounds, the indoor enclosure shall be at least four feet 556
by six feet with an attached outdoor enclosure of at least four 557
feet by twelve feet. For dogs that weigh fifty-one pounds or more, 558
the indoor enclosure shall be at least four feet by eight feet 559
with an attached outdoor enclosure of at least four feet by 560
sixteen feet.561

       (2) In an indoor enclosure with no attached outdoor 562
enclosure, but with an exercise period in an outdoor enclosure 563
that is provided at least two hours each day, provided that not 564
more than three dogs are kept or confined in the indoor or outdoor 565
enclosure at any one time. For dogs that weigh less than twenty 566
pounds, the indoor enclosure shall be at least four feet by four 567
feet, and outdoor exercise shall take place in an enclosed area 568
that is at least ten feet by ten feet. For dogs that weigh at 569
least twenty pounds, but less than fifty-one pounds, the indoor 570
enclosure shall be at least four feet by six feet, and outdoor 571
exercise shall take place in an enclosed area that is at least 572
twenty feet by twenty feet. For dogs that weigh fifty-one pounds 573
or more, the indoor enclosure shall be at least four feet by eight 574
feet, and outdoor exercise shall take place in an enclosed area 575
that is at least forty feet by forty feet.576

       For purposes of complying with division (A)(2) of this 577
section, an indoor enclosure may be utilized for exercise when 578
weather does not permit access to an outdoor enclosure. However, 579
the indoor exercise enclosure shall comply with the size 580
requirements that are established in this division for outdoor 581
enclosures that are used for exercise. In addition, exercise is 582
not required for a dog that has an illness and for which exercise 583
would be detrimental to recovering from the illness. In addition, 584
for purposes of complying with division (A)(2) of this section, 585
enclosures may be stacked on top of one another, but there shall 586
be a nonporous barrier separating the floor and ceiling of 587
stacked enclosures.588

       (B) Keep or confine dogs in an enclosure, crate, or cage that 589
are incompatible based on observation;590

       (C) Keep or confine more than three adult dogs in one 591
enclosure, crate, or cage;592

       (D) Keep or confine a female dog in heat in the same 593
enclosure, crate, or cage with a sexually mature male dog except 594
for the time period that is necessary for breeding the female dog;595

       (E) Keep or confine a female dog that is nursing in an 596
enclosure, crate, or cage with another adult dog;597

       (F) Keep or confine a dog in an enclosure, crate, or cage 598
without access to either natural or artificial light during 599
daytime hours;600

       (G) Keep or confine a dog in an enclosure, crate, or cage 601
outdoors unless the dog has access at all times to a dry insulated 602
indoor shelter or dog house with clean straw or other nontoxic 603
insulating material in an amount that is sufficient to permit the 604
dog to burrow under the straw or material while at the same time 605
using the straw or material as bedding;606

       (H) Keep or confine a dog in an enclosure, crate, or cage if 607
urine or feces have accumulated beyond an amount that is expected 608
to accumulate in a normal twenty-four-hour period or, if the dog 609
is a female dog with a litter, in a normal twelve-hour period;610

       (I) Keep or confine a dog in an enclosure, crate, or cage 611
without access to clean unfrozen water at all times unless the dog 612
is being used for hunting or sledding, in which case access to 613
clean unfrozen water shall be provided not less than one time per 614
eight-hour period. Water shall be provided to a dog in an open 615
bowl or container that is not a drip bottle or limited intake 616
mechanism.617

       (J) Keep or confine a dog in an enclosure, crate, or cage 618
without access to adequate and wholesome food on a daily basis so 619
as to ensure a proper and healthy weight unless medically 620
contraindicated;621

       (K) Keep or confine a dog in an enclosure, crate, or cage 622
with flooring material that is incapable of being cleaned or 623
sanitized or that is likely to cause injury to the pads of a dog's 624
feet;625

       (L) Keep or confine a dog in an enclosure, crate, or cage 626
without providing a solid, nonporous surface, free from moisture 627
or feces, that comprises at least fifty per cent of the floor of 628
the enclosure, crate, or cage. The solid surface may include soft 629
bedding. Female dogs with litters and puppies twelve weeks of age 630
or less shall be housed in an enclosure, crate, or cage with a 631
solid, nonporous surface, free from moisture or feces, that 632
comprises one hundred per cent of the floor of the enclosure, 633
crate, or cage. Nonporous surfaces shall not be made of metal.634

       (M) Keep or confine a dog in an enclosure, crate, or cage in 635
unsanitary conditions;636

       (N) Keep or confine a dog in an enclosure, crate, or cage 637
that is in contact with or in the immediate vicinity of any animal 638
with a diagnosed or suspected disease that is contagious to dogs;639

       (O) Keep or confine a dog in an enclosure, crate, or cage 640
without adequate ventilation;641

       (P) Keep or confine a dog in an enclosure, crate, or cage 642
without providing shelter from the elements;643

       (Q) Keep or confine a dog in an outdoor run or kennel where 644
shade is not provided during the months of May through September. 645
The shade so provided shall provide a reduction of temperature of 646
at least five degrees from nonshaded areas.647

       (R) Keep or confine a dog in an indoor enclosure, crate, or 648
cage where the temperature is below fifty degrees fahrenheit or 649
over ninety degrees fahrenheit;650

       (S) Fail to equip a kennel with a smoke alarm and provide a 651
means of fire suppression such as a sprinkler system or fire 652
extinguishers in all kennel housing units;653

       (T) Fail to keep the area around a kennel in good repair, 654
clean, and free from accumulations of junk, waste products, and 655
discarded materials to protect dogs from injury and to prevent 656
infestation by rodents or other pests. Weeds, grasses, bushes, and 657
trees shall be controlled at the property on which a kennel is 658
located to allow for effective pest control and to protect the 659
health and safety of the dogs that are housed at the kennel.660

       (U) Fail to provide a dog with at least two hours per day of 661
interaction with other dogs, provided that the dog is not sick and 662
does not present a risk of illness to other dogs;663

       (V) Fail to sanitize food and water receptacles at least 664
every two weeks or more often if necessary to prevent an 665
accumulation of dirt, debris, food waste, excreta, and other 666
disease hazards;667

       (W) Fail to provide a dog with appropriate veterinary care 668
and treatment for any disease, illness, or injury;669

       (X) Fail to provide a breeding dog with a clean whelping box 670
when needed;671

       (Y) Fail to trim an adult dog's nails so that there is 672
curling or an impairment of the dog's gait;673

       (Z) Fail to provide regular care to a dog to prevent matting 674
of fur from fecal matter or bodily fluids;675

       (AA) Fail to provide a dog with appropriate protection from 676
fleas, ticks, biting insects, and stinging insects or treatment 677
for worms if the dog is so afflicted;678

       (BB) Fail to provide an adult dog with appropriate 679
vaccinations as determined by the dog's veterinarian;680

       (CC) Fail to provide each puppy that is three months of age 681
or older with appropriate phase-in booster vaccines if 682
determined necessary by the puppy's veterinarian;683

       (DD) Fail to provide heartworm preventative to a breeding dog 684
as determined by the dog's veterinarian;685

       (EE) Fail to ensure that a dog in the person's possession or 686
control requiring euthanization is euthanized by a veterinarian or 687
a person under the direct supervision of a veterinarian;688

       (FF) Fail to ensure that a dog that is being euthanized is 689
not left unattended between the commencement of the process and 690
death;691

       (GG) Beat or brutalize a dog within the person's custody or 692
control;693

       (HH) Fail to provide all dogs in a kennel with a manual 694
physical inspection at least once each week;695

       (II) Breed a dog that is less than eighteen months of age or 696
more than nine years of age or breed a female dog without a 697
certificate from a licensed veterinarian that the female dog is in 698
proper health for breeding;699

       (JJ) Permit a dog to have more than one litter per calendar 700
year;701

       (KK) Dock a dog's tail, crop a dog's ear, remove a dog's 702
claws, or debark a dog. Tail docking, ear cropping, the removal of 703
a dog's claws, or debarking shall only be conducted by a licensed 704
veterinarian.705

       (LL) Fail to prepare and implement a plan for the disposal of 706
waste that is generated by dogs at the kennel;707

       (MM) Keep a dog in an enclosure, crate, or cage that includes 708
exposed metal caging without a protective plastic or rubber 709
coating.710

       Divisions (A), (F), (G), (I), (J), (L), and (P) of this 711
section do not apply during the temporary transportation of a dog 712
from one location to another location.713

       Sec. 956.081. (A) On and after the effective date of this 714
section, no person shall sell a dog at a flea market, market day, 715
garage sale, conference, or other public place other than at a pet 716
store that is licensed under this chapter as a regulated dog 717
intermediary. This division does not prohibit the sale of dogs by 718
a licensed regulated dog breeding kennel or licensed regulated dog 719
intermediary at the location that is listed as the address of the 720
kennel or intermediary on the applicable license application 721
submitted by or on behalf of the kennel or intermediary.722

       (B) On and after two hundred seventy days after the effective 723
date of this section, no person shall sell a dog at an auction or 724
conduct an auction for the purpose of selling dogs. However, no 725
out-of-state resident shall sell a dog at an auction conducted in 726
this state on and after the effective date of this section.727

       (C) This section does not apply to adoption events that are 728
held by an animal rescue for dogs or an animal shelter for dogs.729

       Sec. 956.09. The director of the kennel control authority730
shall appoint kennel control enforcement inspectors for the 731
purpose of enforcing the requirements and standards established 732
by this chapter and rules adopted under it and to act as 733
authorized agents of the authority. Inspectors shall serve at 734
the pleasure of the director and shall be employees of the 735
kennel control authority. Inspectors may issue citations and 736
orders that are necessary to enforce this chapter and rules 737
adopted under it. The director shall provide each kennel control 738
enforcement inspector with an identifying badge and an official 739
uniform. A kennel control enforcement inspector shall have 740
training in animal husbandry, kennel management, record keeping, 741
and first aid.742

       Sec. 956.10.  (A) At least once biennially, the director of 743
the kennel control authority or the director's authorized 744
representative shall inspect a regulated dog breeding kennel that 745
is subject to licensure under this chapter and rules adopted 746
under section 956.03 of the Revised Code to ensure compliance 747
with this chapter and rules adopted under it, including, but not 748
limited to, the standards of care established in section 956.08 749
of the Revised Code. In addition, upon a complaint, the director 750
may inspect an animal rescue for dogs to ensure compliance with 751
this chapter and rules adopted under section 956.03 of the Revised 752
Code, including, but not limited to, the standards of care 753
established in section 956.08 of the Revised Code. Inspections 754
shall be conducted without prior notification to the licensee 755
or persons associated with the licensee. In addition, upon the 756
request of a member of the public, a public official, an animal 757
rescue for dogs, or an animal shelter for dogs, the director or 758
the director's authorized representative shall inspect any 759
facility at which a person is acting as or performing the 760
functions of a regulated dog intermediary to ensure such 761
compliance.762

       The director or the director's authorized representative 763
shall inspect a boarding kennel when the director or the 764
director's authorized representative has received information 765
that the boarding kennel is breeding dogs and is subject to 766
licensure under this chapter and rules adopted under section 767
956.03 of the Revised Code.768

       Inspections shall be conducted in accordance with rules 769
adopted under section 956.03 of the Revised Code. A record of each 770
inspection shall be made by the inspector who is responsible for 771
the inspection in accordance with those rules.772

       (B) The director or the director's authorized 773
representative, upon proper identification and upon stating the 774
purpose and necessity of an inspection, may enter at reasonable 775
times on any public or private property, real or personal, to 776
inspect or investigate and to examine or copy records in order to 777
determine compliance with this chapter and rules adopted under 778
it. The director, the director's authorized representative, or 779
the attorney general upon the request of the director may apply 780
to the environmental division of the Franklin county municipal 781
court for an appropriate court order or search warrant as 782
necessary to achieve the purposes of this chapter and rules 783
adopted under it. A judge of that court may issue such a warrant.784

       (C) No owner or operator of a regulated dog breeding kennel, 785
person acting as or performing the functions of a regulated dog 786
intermediary, owner or operator of an animal rescue for dogs, or 787
owner or operator of a boarding kennel shall interfere with an 788
inspection or refuse to allow an inspector full access to all 789
areas where dogs are kept or cared for. If entry is refused or 790
inspection or investigation is refused, hindered, or thwarted by 791
a regulated dog breeding kennel, regulated dog intermediary, or 792
animal rescue for dogs the director may suspend or revoke the 793
kennel's, intermediary's, or rescue's license in accordance with 794
this chapter.795

       (D) If entry that is authorized by division (B) of this 796
section is refused or if an inspection or investigation is 797
refused, hindered, or thwarted by intimidation or otherwise and if 798
the director, an authorized representative of the director, or 799
the attorney general applies for and obtains a court order or a 800
search warrant under division (B) of this section to conduct the 801
inspection or investigation, the owner or operator of the premises 802
where entry was refused or inspection or investigation was 803
refused, hindered, or thwarted is liable to the director for the 804
reasonable costs incurred by the director for the regular 805
salaries and fringe benefit costs of personnel assigned to 806
conduct the inspection or investigation from the time the entry, 807
inspection, or investigation was refused, hindered, or thwarted 808
until the court order or search warrant is executed; for the 809
salary, fringe benefits, and travel expenses of the director, an 810
authorized representative of the director, or the attorney 811
general incurred in obtaining the court order or search warrant; 812
and for expenses necessarily incurred for the assistance of local 813
law enforcement officers in executing the court order or search 814
warrant. In the application for a court order or a search 815
warrant, the director, the director's authorized representative, 816
or the attorney general may request and the environmental 817
division of the Franklin county municipal court, in its order 818
granting the court order or search warrant, may order the owner 819
or operator of the premises to reimburse the director for any of 820
those costs that the court finds reasonable. From money 821
recovered under this division, the director shall reimburse the 822
attorney general for the costs incurred by the attorney general 823
in connection with proceedings for obtaining the court order or 824
search warrant, shall reimburse the political subdivision in 825
which the premises is located for the assistance of its law 826
enforcement officers in executing the court order or search 827
warrant, and shall deposit the remainder in the state treasury to 828
the credit of the regulated dog breeding kennel control license 829
fund created in section 956.17 of the Revised Code.830

       (E) A dog warden appointed under Chapter 955. of the Revised 831
Code or an agent of a humane society established under Chapter 832
1717. of the Revised Code entering on public or private property 833
to make investigations and inspections in accordance with Chapter 834
955. or 1717. of the Revised Code, as applicable, shall report any 835
violations of this chapter and rules adopted under it to the 836
director or a kennel control enforcement inspector and may 837
examine and copy any records that are required to be maintained 838
under rules adopted under this chapter.839

       Sec. 956.11. (A) The director of the kennel control authority 840
or the director's authorized representative may impound a dog if 841
the director or the director's authorized representative has 842
probable cause to believe that the dog is being kept by a 843
regulated dog breeding kennel, regulated dog intermediary, or 844
animal rescue for dogs in a manner that materially violates this 845
chapter or rules adopted under it and if the dog's health or 846
safety appears to be in imminent danger.847

       (B) The director or the director's authorized representative 848
shall give written notice of the impoundment by posting a notice 849
on the door of the premises from which the dog was taken or by 850
otherwise posting the notice in a conspicuous place at the 851
premises from which the dog was taken. The notice shall provide a 852
date for an adjudication hearing, which shall take place not 853
later than five business days after the dog is taken and at 854
which the director shall determine if the dog should be 855
permanently relinquished to the custody of the kennel control 856
authority.857

       (C) The owner or operator of the applicable regulated dog 858
breeding kennel, the person acting as or performing the functions 859
of a regulated dog intermediary, or the owner or operator of the 860
applicable animal rescue for dogs may appeal the determination 861
made at the adjudication hearing in accordance with section 862
119.12 of the Revised Code, except that the appeal may only be 863
made to the environmental division of the Franklin county 864
municipal court. If a dog has been impounded and the owner or 865
operator of the applicable regulated dog breeding kennel, the 866
person acting as or performing the functions of a regulated dog 867
intermediary, or the owner or operator of the applicable animal 868
rescue for dogs appeals the determination made at an adjudication 869
hearing, that person shall file an appeal bond that is sufficient 870
to cover the costs of keeping, housing, and maintaining the dog in 871
a manner and amount to be determined by the environmental division 872
of the Franklin county municipal court.873

       (D) The director may enter into contracts or agreements with 874
an animal rescue for dogs, an animal shelter for dogs, a boarding 875
kennel, a veterinarian, a dog warden appointed under Chapter 876
955. of the Revised Code, or a humane society established under 877
Chapter 1717. of the Revised Code for the purpose of keeping, 878
housing, and maintaining dogs that are impounded under this 879
section. If, after the final disposition of an adjudication 880
hearing and any appeals from that adjudication hearing, it is 881
determined that a dog shall be permanently relinquished to the 882
custody of the kennel control authority, the dog may be adopted 883
directly from the animal rescue for dogs, animal shelter for 884
dogs, boarding kennel, veterinarian, dog warden, or humane 885
society where it is being kept, housed, and maintained, provided 886
that the dog has been spayed or neutered unless there are medical 887
reasons against spaying or neutering as determined by a 888
veterinarian. The animal rescue for dogs, animal shelter for 889
dogs, boarding kennel, veterinarian, dog warden, or humane 890
society may charge a reasonable adoption fee. The fee shall be 891
at least sufficient to cover the costs of spaying or neutering 892
the dog unless it is medically contraindicated.893

       Sec. 956.12.  If the director of the kennel control authority894
or the director's authorized representative determines that a 895
person has violated, is violating, or is threatening to violate 896
this chapter or rules adopted under it, the director may issue 897
and cause to be served by certified mail or personal service a 898
citation of violation and an order requiring the person to cease 899
the acts or practices appearing to the director or the 900
director's authorized representative to constitute a violation 901
of this chapter or rules adopted under it or requiring the 902
person to take corrective actions to eliminate the conditions 903
appearing to the director or the director's authorized 904
representative to constitute a violation of this chapter and 905
rules adopted under it. The order shall state specifically the 906
provision or provisions of this chapter or the rule or rules 907
adopted under this chapter that appear to the director or the 908
director's authorized representative to have been violated or 909
threatened to be violated and the facts constituting the 910
violation or threatened violation, the actions that the person 911
must take to correct the deficiencies, and the time period 912
within which the person must correct the violations.913

       Sec. 956.13.  (A) The director of the kennel control 914
authority may assess a civil penalty against a person violating 915
this chapter or rules adopted under it if all of the following 916
occur:917

       (1) The person has received an order and been notified of the 918
violation by certified mail as required in section 956.12 of the 919
Revised Code.920

       (2) After the time period for correcting the violation 921
specified in the order has elapsed, the director or the 922
director's authorized representative has inspected the premises 923
where the violation has occurred and determined that the 924
violation has not been corrected, and the director has issued a 925
notice of an adjudication hearing pursuant to division (A)(3) of 926
this section.927

       (3) The director affords the person an opportunity for an 928
adjudication hearing under Chapter 119. of the Revised Code to 929
challenge the director's determination that the person is not in 930
compliance with this chapter or rules adopted under it, the 931
imposition of the civil penalty, or both. A person may waive the 932
opportunity for an adjudication hearing.933

       (B) If the opportunity for an adjudication hearing is waived 934
or if, after an adjudication hearing, the director determines 935
that a violation of this chapter or a rule adopted under it has 936
occurred or is occurring, the director may assess a civil 937
penalty. The civil penalty may be appealed in accordance with 938
section 119.12 of the Revised Code, except that the civil penalty 939
may only be appealed to the environmental division of the 940
Franklin county municipal court.941

       (C) Civil penalties shall be assessed in the following 942
amounts:943

       (1) A person who has violated division (A)(1) of section 944
956.04, division (A)(1) of section 956.05, or division (A) of 945
section 956.06 of the Revised Code shall pay a civil penalty in 946
an amount that is equal to two times the amount of the license 947
fee that should have been paid by the person under section 956.07 948
of the Revised Code.949

       (2) A person who has violated division (H) of section 956.04, 950
division (D) of section 956.05, or division (B) of section 956.06 951
of the Revised Code shall pay a civil penalty of not more than 952
fifteen thousand dollars.953

       (3) A person who has violated any other provision of this 954
chapter or rules adopted under it, including, but not limited to, 955
the standards of care established in section 956.08 of the Revised 956
Code, shall pay a civil penalty of twenty-five dollars.957

       Each day that a violation continues constitutes a separate 958
violation.959

       Sec. 956.14. The attorney general, upon the request of the 960
director of the kennel control authority, may bring an action for 961
injunction against a person who has violated, is violating, or is 962
threatening to violate this chapter, rules adopted under it, or 963
an order issued under section 956.12 of the Revised Code. An 964
action for injunction shall be filed in the environmental 965
division of the Franklin county municipal court, which shall have 966
exclusive jurisdiction to grant preliminary and permanent 967
injunctive relief under this chapter. The environmental division 968
of the Franklin county municipal court shall grant such 969
injunctive relief upon a showing that the person against whom the 970
action is brought has violated, is violating, or is threatening 971
to violate this chapter, rules adopted under it, or an order 972
issued under it. The court shall give precedence to such an 973
action over all other cases.974

       Sec. 956.15.  (A) The director of the kennel control 975
authority shall deny an application for a license that is 976
submitted under section 956.04, 956.05, or 956.06 of the Revised 977
Code for any of the following reasons:978

       (1) The applicant for the license has violated any provision 979
of this chapter or a rule adopted under it.980

       (2) The applicant has been convicted of or pleaded guilty to 981
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15, 982
or 959.16 of the Revised Code or an equivalent municipal 983
ordinance, law of another state, or law of the federal government 984
or has been convicted of or pleaded guilty to violating more than 985
once section 2919.25 of the Revised Code or an equivalent 986
municipal ordinance, law of another state, or law of the federal 987
government.988

       (3) The director determines that the applicant for the 989
license does not have the expertise or capacity to comply with 990
this chapter or rules adopted under it.991

       (B) The director may suspend or revoke a license issued 992
under this chapter for violation of any provision of this chapter 993
or a rule adopted or order issued under it.994

       (C) An application or a license shall not be denied, 995
suspended, or revoked under this section without a written order 996
of the director stating the findings on which the denial, 997
suspension, or revocation is based. A copy of the order shall be 998
sent to the applicant or license holder by certified mail or may 999
be provided to the applicant or license holder by personal 1000
service. In addition, the person to whom a denial, suspension, or 1001
revocation applies may request an adjudication hearing under 1002
Chapter 119. of the Revised Code. The director shall comply with 1003
such a request. The determination of the director at an 1004
adjudication hearing may be appealed in accordance with section 1005
119.12 of the Revised Code, except that the determination may be 1006
appealed only to the environmental division of the Franklin county 1007
municipal court.1008

       Sec. 956.16.  The director of the kennel control authority, 1009
the director's authorized representative, or the attorney 1010
general may require the attendance of witnesses and the 1011
production of books, records, papers, and dogs that are needed 1012
either by the director or the attorney general or by any party 1013
to a hearing before the director and for that purpose may issue 1014
a subpoena for any witness or a subpoena duces tecum to compel 1015
the production of any books, records, papers, or dogs. The 1016
subpoena shall be served by personal service or by certified 1017
mail. If the subpoena is returned because of inability to 1018
deliver, or if no return is received within thirty days after 1019
the date of mailing, the subpoena may be served by ordinary 1020
mail. If no return of ordinary mail is received within thirty 1021
days after the date of mailing, service shall be deemed to have 1022
been made. If the subpoena is returned because of inability to 1023
deliver, the director or the attorney general may designate a 1024
person or persons to effect either personal or residence service 1025
on the witness. The person designated to effect personal or 1026
residence service under this section may be the sheriff of the 1027
county in which the witness resides or may be found or any other 1028
duly designated person. The fees and mileage of the person 1029
serving the subpoena shall be the same as those allowed by the 1030
courts of common pleas in criminal cases and shall be paid from 1031
the funds of the authority. Fees and mileage for the witness 1032
shall be the same as those allowed for witnesses by the courts 1033
of common pleas in criminal cases and shall be paid from the 1034
funds of the authority upon request of the witness following 1035
the hearing.1036

       Sec. 956.17.  All money collected by the director of the 1037
kennel control authority from license and registration fees under 1038
sections 956.07 and 956.20 of the Revised Code and all money 1039
collected from civil penalties assessed under section 956.13 of 1040
the Revised Code shall be deposited in the state treasury to the 1041
credit of the regulated dog breeding kennel control license fund, 1042
which is hereby created. The director shall use money in the 1043
fund for the purpose of administering this chapter and rules 1044
adopted under it.1045

       Sec. 956.18.  (A) There is hereby created the kennel control 1046
authority board consisting of one member of the senate appointed 1047
by the president of the senate, one member of the house of 1048
representatives appointed by the speaker of the house of 1049
representatives, and the following seven members appointed by the 1050
governor:1051

       (1) Two members representing animal care and welfare 1052
organizations in this state;1053

       (2) One member who is a county dog warden;1054

       (3) One member who is a veterinarian;1055

       (4) One member representing pet stores in this state that are 1056
licensed under this chapter as regulated dog breeding kennels or 1057
regulated dog breeding intermediaries;1058

       (5) One member who is a member in good standing of a national 1059
breed parent club of the American kennel club;1060

       (6) One member representing the public.1061

       Initial appointments to the board shall be made not later 1062
than sixty days after the effective date of this section. Terms 1063
of office of the members appointed by the president of the senate 1064
and the speaker of the house of representatives shall coincide 1065
with their terms of office as members of the senate and the house 1066
of representatives, as applicable. Of the initial appointments 1067
made by the governor, two shall be for one-year terms, two shall 1068
be for two-year terms, and three shall be for three-year terms. 1069
Thereafter, terms of office of members appointed by the governor 1070
shall be three years, with each term ending on the same day of 1071
the same month as did the term that it succeeds. Each member 1072
shall hold office from the date of appointment until the end of 1073
the term for which the member was appointed. Members may be 1074
reappointed. Vacancies shall be filled in the manner provided for 1075
the original appointments. Any member appointed to fill a vacancy 1076
occurring prior to the expiration date of the term for which the 1077
member's predecessor was appointed shall hold office for the 1078
remainder of the term. A member shall continue in office 1079
subsequent to the expiration date of the member's term until the 1080
member's successor takes office or until a period of sixty days 1081
has elapsed, whichever occurs first.1082

       (B) The governor shall select a chairperson from among the 1083
board's members. A majority of the members of the board 1084
constitutes a quorum. The board shall meet at least four times a 1085
year in Columbus or at other locations selected by the 1086
chairperson. The chairperson shall determine the agenda for each 1087
meeting of the board. However, if the member appointed by the 1088
president of the senate and the member appointed by the speaker of 1089
the house of representatives jointly request in writing that an 1090
item be placed on the agenda for a meeting of the board, the 1091
chairperson shall place the item on the agenda at the board's 1092
next regularly scheduled meeting occurring more than ten days 1093
after the request has been made.1094

       Members of the board shall serve without compensation for 1095
attending board meetings. Members of the board shall be 1096
reimbursed for their actual and necessary expenses incurred in 1097
the performance of official duties as members of the board.1098

       (C) The board shall provide oversight and evaluation of the 1099
administration of this chapter and rules adopted under it, 1100
including the operation of the kennel control authority created 1101
in section 956.02 of the Revised Code. The oversight and 1102
evaluation may include, but not be limited to, a determination of 1103
whether this chapter and rules adopted under it and the operation 1104
of the authority have resulted in the prevention of cruelty to 1105
and abuse of dogs and an evaluation of the sanctions imposed on 1106
violators of this chapter and rules adopted under it. In 1107
addition, the board may make recommendations to the director of 1108
the kennel control authority for changes to the administration of 1109
this chapter and rules adopted under it and to the general 1110
assembly for changes to this chapter that the board considers 1111
necessary for the effective enforcement of this chapter and 1112
rules adopted under it. The board may inspect records kept by 1113
the kennel control authority and may interview kennel control 1114
enforcement inspectors. The board, by the thirty-first day of 1115
December each year, shall issue a report of its findings and 1116
submit it to the authority, the president of the senate, and 1117
the speaker of the house of representatives.1118

       Sec. 956.19.  (A) In accordance with rules adopted under 1119
section 956.03 of the Revised Code, at the time of the sale of a 1120
dog, a pet store shall provide the buyer of the dog with either of 1121
the following:1122

       (1) A certificate of medical health that has been completed 1123
and attested to by a veterinarian and that states that the 1124
veterinarian has examined the dog and has not found evidence of 1125
disease, illness, or injury at the time of the examination;1126

       (2) A money-back guarantee that is valid for not less than 1127
twenty-one days after the date of purchase of the dog. The 1128
guarantee shall authorize the purchaser of the dog to receive the 1129
purchase price of the dog from the pet store within that 1130
twenty-one-day period if the purchaser presents a statement to the 1131
pet store from a veterinarian who has examined the dog within 1132
fourteen days of the purchase of the dog that the dog has a 1133
significant disease, illness, or injury that was in existence at 1134
the time of the purchase of the dog.1135

       (B) A pet store shall post written notice of the pet store's 1136
responsibility under this section in a conspicuous location near 1137
the pet store's cash register. The written notice shall be posted 1138
in accordance with rules and shall be in prominent and easily read 1139
type that is not less than eighteen-point type.1140

       (C) At a time prior to the sale of a dog, a pet store shall 1141
provide the name, complete address, and telephone number of the 1142
breeder that bred the dog, the regulated dog breeding kennel where 1143
the dog was kept, housed, and maintained, and the regulated dog 1144
intermediary from whom the pet store acquired the dog, as 1145
applicable. The pet store also shall provide the telephone number 1146
and the address of the kennel control authority.1147

       (D) No pet store shall fail to comply with this section.1148

       (E) A pet store that fails to comply with division (A)(1) of 1149
this section with respect to the sale of a dog or a pet store that 1150
fails to refund the purchase price of a dog in accordance with 1151
division (A)(2) of this section is liable to the purchaser of the 1152
dog for an amount that is equal to the actual damages incurred by 1153
the purchaser within one year after the date of the purchase of 1154
the dog, except that veterinary expenses are limited to not more 1155
than five hundred dollars. The pet store also is liable for any 1156
attorney's fees and costs incurred by the purchaser. In 1157
addition, the buyer of the dog may keep the dog.1158

       (F) The director of the kennel control authority or the 1159
director's authorized representative shall enforce this section. 1160
Kennel control enforcement inspectors may make inspections of pet 1161
stores for the purpose of enforcing this section.1162

       Sec. 956.20. No regulated dog breeding kennel shall sell or 1163
otherwise transfer a puppy that is less than ninety days old 1164
without registering the litter in which the puppy was born with 1165
the director of the kennel control authority in accordance with 1166
rules adopted under section 956.03 of the Revised Code and 1167
paying a registration fee of twenty-five dollars per litter. This 1168
section does not apply to an animal rescue for dogs or an animal 1169
shelter for dogs.1170

       Sec. 956.98.  No person shall violate this chapter or a rule 1171
adopted or order issued under it.1172

       Sec. 956.99.  Whoever violates section 956.98 of the Revised 1173
Code is guilty of a misdemeanor of the first degree.1174

       Sec. 1901.183.  In addition to jurisdiction otherwise granted 1175
in this chapter, the environmental division of a municipal court 1176
shall have jurisdiction within its territory in all of the 1177
following actions or proceedings and to perform all of the 1178
following functions:1179

       (A) Notwithstanding any monetary limitations in section 1180
1901.17 of the Revised Code, in all actions and proceedings for 1181
the sale of real or personal property under lien of a judgment of 1182
the environmental division of the municipal court, or a lien for 1183
machinery, material, fuel furnished, or labor performed, 1184
irrespective of amount, and, in those cases, the environmental 1185
division may proceed to foreclose and marshal all liens and all 1186
vested or contingent rights, to appoint a receiver, and to render 1187
personal judgment irrespective of amount in favor of any party;1188

       (B) When in aid of execution of a judgment of the 1189
environmental division of the municipal court, in all actions for 1190
the foreclosure of a mortgage on real property given to secure the 1191
payment of money, or the enforcement of a specific lien for money 1192
or other encumbrance or charge on real property, when the real 1193
property is situated within the territory, and, in those cases, 1194
the environmental division may proceed to foreclose all liens and 1195
all vested and contingent rights and proceed to render judgments, 1196
and make findings and orders, between the parties, in the same 1197
manner and to the same extent as in similar cases in the court of 1198
common pleas;1199

       (C) When in aid of execution of a judgment of the 1200
environmental division of the municipal court, in all actions for 1201
the recovery of real property situated within the territory to the 1202
same extent as courts of common pleas have jurisdiction;1203

       (D) In all actions for injunction to prevent or terminate 1204
violations of the ordinances and regulations of any municipal 1205
corporation within its territory enacted or promulgated under the 1206
police power of that municipal corporation pursuant to Section 3 1207
of Article XVIII, Ohio Constitution, over which the court of 1208
common pleas has or may have jurisdiction, and, in those cases, 1209
the environmental division of the municipal court may proceed to 1210
render judgments, and make findings and orders, in the same manner 1211
and to the same extent as in similar cases in the court of common 1212
pleas;1213

       (E) In all actions for injunction to prevent or terminate1214
violations of the resolutions and regulations of any political 1215
subdivision within its territory enacted or promulgated under the 1216
power of that political subdivision pursuant to Article X of the 1217
Ohio Constitution, over which the court of common pleas has or may 1218
have jurisdiction, and, in those cases, the environmental division 1219
of the municipal court may proceed to render judgments, and make 1220
findings and orders, in the same manner and to the same extent as 1221
in similar cases in the court of common pleas;1222

       (F) In any civil action to enforce any provision of Chapter 1223
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code 1224
over which the court of common pleas has or may have jurisdiction, 1225
and, in those actions, the environmental division of the municipal 1226
court may proceed to render judgments, and make findings and 1227
orders, in the same manner and to the same extent as in similar 1228
actions in the court of common pleas;1229

       (G) In all actions and proceedings in the nature of 1230
creditors' bills, and in aid of execution to subject the interests 1231
of a judgment debtor in real or personal property to the payment 1232
of a judgment of the division, and, in those actions and 1233
proceedings, the environmental division may proceed to marshal and 1234
foreclose all liens on the property irrespective of the amount of 1235
the lien, and all vested or contingent rights in the property;1236

       (H) Concurrent jurisdiction with the court of common pleas of 1237
all criminal actions or proceedings related to the pollution of 1238
the air, ground, or water within the territory of the 1239
environmental division of the municipal court, for which a 1240
sentence of death cannot be imposed under Chapter 2903. of the1241
Revised Code;1242

       (I) In any review or appeal of any final order of any1243
administrative officer, agency, board, department, tribunal, 1244
commission, or other instrumentality that relates to a local 1245
building, housing, air pollution, sanitation, health, fire, 1246
zoning, or safety code, ordinance, or regulation, in the same 1247
manner and to the same extent as in similar appeals in the court 1248
of common pleas;1249

       (J) With respect to the environmental division of the 1250
Franklin county municipal court, in any civil action to enforce a 1251
provision of Chapter 956. of the Revised Code and to hear appeals 1252
from an adjudication hearing conducted under that chapter.1253

       Section 2.  That existing sections 955.02, 955.10, 955.12, 1254
955.20, 955.26, and 1901.183 of the Revised Code are hereby 1255
repealed.1256

       Section 3. It is the intent of the General Assembly to 1257
appropriate money to the Regulated Dog Breeding Kennel Control 1258
License Fund created in section 956.17 of the Revised Code to 1259
enable the Kennel Control Authority created in section 956.02 of 1260
the Revised Code to begin administering Chapter 956. of the 1261
Revised Code and rules adopted under it.1262

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