Bill Text: OH HB22 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regarding the liability of owners of certain animals that are running at large.

Spectrum: Slight Partisan Bill (Republican 66-34)

Status: (Passed) 2011-09-23 - Effective Date [HB22 Detail]

Download: Ohio-2011-HB22-Engrossed.html

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As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 22

Representative Bubp 

Cosponsors: Representatives Letson, Stinziano, Mecklenborg, Huffman, Coley, McKenney, Adams, J., Adams, R., Antonio, Ashford, Baker, Balderson, Barnes, Beck, Blessing, Boose, Brenner, Buchy, Burke, Butler, Carey, Carney, Clyde, Combs, Damschroder, Derickson, Dovilla, Driehaus, Duffey, Fende, Garland, Gentile, Gerberry, Gonzales, Goodwin, Goyal, Hackett, Hagan, Hall, Hayes, Heard, Henne, Hottinger, Johnson, Landis, Luckie, Mallory, Martin, McClain, McGregor, Milkovich, Murray, O'Brien, Patmon, Peterson, Ramos, Roegner, Rosenberger, Ruhl, Slaby, Slesnick, Sprague, Stebelton, Szollosi, Thompson, Uecker, Wachtmann, Weddington, Young Speaker Batchelder 

Senators Brown, Wilson, Hite, Schaffer, Manning, Bacon, Beagle, Cafaro, Daniels, Faber, Gillmor, Grendell, Hughes, Jordan, Kearney, LaRose, Obhof, Oelslager, Patton, Sawyer, Schiavoni, Seitz, Smith, Stewart, Tavares, Turner, Wagoner, Widener 

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A BILL

To amend sections 951.02, 951.10, 951.11, 951.12,

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951.13, 951.99, and 971.18 and to repeal section

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951.01 of the Revised Code regarding the liability

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of owners of certain animals that are running at

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large.

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

Section 1. That sections 951.02, 951.10, 951.11, 951.12,	6
951.13, 951.99, and 971.18 of the Revised Code be amended to read	7
as follows:	8

Sec. 951.02.  No person, who is the owner or keeper of	9
horses, mules, cattle, bison, sheep, goats, swine, llamas,	10
alpacas, or geese, shall permit them to run at large in the public	11
road, highway, street, lane, or alley, or upon unenclosed land, or	12
cause suchthe animals to be herded, kept, or detained for the	13
purpose of grazing on premises other than those owned or lawfully	14
occupied by the owner or keeper of suchthe animals.	15

The running at large of any such animal in or upon any of the	16
places mentioned in this section is prima-facie evidence that it	17
is running at large in violation of this section.	18

Sec. 951.10. (A) The owner or keeper of an animal described	19
in section 951.01 or 951.02 of the Revised Code, who negligently	20
permits it to run at large in violation of either of such sections	21
that section, is liable for all damages resulting from injury,	22
death, or loss to person or property caused by suchthe animal in	23
any of the places specified in section 951.02 of the Revised Code	24
or upon the premises of another without reference to the fence	25
whichthat may enclose suchthe premises.	26

(B) The running at large of any animal specified in section	27
951.02 of the Revised Code in or upon any of the places specified	28
in that section is prima-facie evidence in a civil action for	29
damages under division (A) of this section that the owner or	30
keeper of the animal negligently permitted the animal to run at	31
large in violation of section 951.02 of the Revised Code.	32

Sec. 951.11.  A person finding an animal at large in	33
violation of section 951.01 or 951.02 of the Revised Code, may,	34
and a law enforcement officer of a county, township, city, or	35
village, on view or information, shall, take and confine suchthat	36
animal, forthwithpromptly giving notice thereofof the taking and	37
confining of the animal to the owner or keeper, if known, and, if	38
not known, by publishing a notice describing suchthe animal at	39
least once in a newspaper of general circulation in the county,	40
township, city, or village whereinwhere the animal was found. If	41
the owner or keeper does not appear and claim the animal and pay	42
the compensation prescribed in section 951.13 of the Revised Code	43
for so taking, advertising, and keeping it within ten days from	44
the date of suchthe notice, suchthat person or the county shall	45
have a lien thereforfor that compensation, and the animal may be	46
sold at public auction as provided in section 1311.49 of the	47
Revised Code, and the. The residue of the proceeds of sale shall	48
be paid and deposited by the treasurer in the general fund of the	49
county.	50

Sec. 951.12.  If it is proven that an animal running at large	51
in violation of section 951.01 or 951.02 of the Revised Code	52
escaped from its owner or keeper without histhe owner's or	53
keeper's knowledge or fault, suchthe animal shall be returned to	54
its owner or keeper upon payment of the compensation prescribed in	55
section 951.13 of the Revised Code for its taking, advertising,	56
and keeping.	57

Sec. 951.13.  The person or county, township, city, or	58
village whose law enforcement officer takes an animal running at	59
large in violation of section 951.01 or 951.02 of the Revised Code	60
is entitled to receive from the owner or keeper thereofof the	61
animal the following compensation:	62

(A) For taking and advertising each horse, mule, head of	63
cattle, bison, swine, sheep, goat, llama, alpaca, or goose, five	64
dollars;	65

(B) Reasonable expenses actually incurred for keeping each	66
such animal described in division (A) of this section.	67

Compensation for taking, advertising, and keeping a single	68
herd or flock shall not exceed fifty dollars when suchthe flock	69
or herd belongs to one person.	70

Sec. 951.99.  Whoever recklessly violates section 951.01 or	71
951.02 of the Revised Code is guilty of a misdemeanor of the	72
fourth degree.	73

Sec. 971.18.  An owner of livestock who negligently permits	74
the livestock to run at large out of the livestock's enclosure is	75
liable for all damages resulting from injury, death, or loss to	76
person or property caused by the livestock on the premises of	77
another.	78

Section 2. That existing sections 951.02, 951.10, 951.11,	79
951.12, 951.13, 951.99, and 971.18 and section 951.01 of the	80
Revised Code are hereby repealed.	81