HB 247 — Revise dog law, including dangerous and vicious dogs

(b) The behavior or actions of wild animals not kept by or under the control of an agritourism provider;

(c) The behavior or actions of domestic animals other than vicious or dangerous dogs as defined in section 955.11 955.01 of the Revised Code;

(d) The ordinary dangers associated with structures or equipment ordinarily used in farming or ranching operations;

Sub.

247 Page136th 4G.A. As Passed by the House educational, entertainment, historical, cultural, or 75 recreational activity, including you-pick operations or farm 76 markets, conducted on a farm that allows or invites members of 77 the general public to observe, participate in, or enjoy that 78 activity.

79(e) (3)The "Agritourismpossibility provider" means a person who owns, 80 operates, provides, or sponsors an agritourism activity or an 81 employee of suchcontracting aillness personresulting whofrom engagesphysical incontact orwith providesanimals, agritourismanimal 82feed, activitiesanimal whetherwaste, or notsurfaces forcontaminated aby fee.animal waste;

83(f) (4)The "Farm"possibility means land that isa composedparticipant ofmay tracts,act lots,in ora 84negligent parcelsmanner, totalingincluding notby lessfailing thanto tenfollow acresinstructions devotedgiven toby agriculturalthe 85agritourism productionprovider or totalingby lessfailing thanto tenexercise acresreasonable devotedcaution towhile 86engaging agriculturalin production if the landagritourism producesactivity anthat averagemay yearlycontribute 87to grossinjury incometo ofthat atparticipant leastor twenty-fiveanother hundredparticipant. dollars from 88 agricultural production.

89(B) (5)In "Participant"a meanscivil action, an individual,agritourism otherprovider thanis animmune 90from liability for any harm a participant sustains during an agritourism provider,activity whoif observesthe orparticipant participatesis harmed as a result of a risk inherent in an 91 agritourism activity.

92Nothing (6)in "Riskthis inherentsection inrequires an agritourism activity"provider meansto aeliminate 93risks dangerinherent orin condition that is an integral part of an agritourism 94activities. activity, including all of the following:

95(C) (a)An Theagritourism surfaceprovider andis subsurfacenot conditionsimmune from civil liability for harm sustained by a participant if any of land;the following applies:

96(1) (b) The behavioragritourism orprovider actionsacts ofwith wilda animalswillful notor keptwanton bydisregard orfor 97the undersafety of the controlparticipant ofand anproximately agritourismcauses provider;harm to the participant.

98(2) (c) The behavioragritourism orprovider actionspurposefully ofcauses domesticharm animalsto other than 99 vicious or dangerous dogs as defined in section 955.11 955.01 of 100 the Revisedparticipant. Code;

101(3) (d) The ordinaryagritourism dangersprovider's associatedactions withor structuresinactions orconstitute 102criminal Sub.conduct and cause harm to the participant.

H.(4) The agritourism provider fails to post and maintain signs as required by division (D) of this section.

B.(5) The agritourism provider has actual knowledge or should have actual knowledge of an existing dangerous condition on the land or regarding facilities or equipment on the land that is not an inherent risk and does not make the dangerous condition known to the participant, and the dangerous condition proximately causes injury or damage to or the death of the participant.

No.(D) An agritourism provider shall post and maintain signs that contain the warning notice specified in this division.

247The Pageprovider 5shall Asplace Passeda bysign thein Housea equipmentclearly ordinarilyvisible usedlocation inat farmingor near each entrance to the agritourism location or ranchingat operations;the site of each agritourism activity.

103 (e) The possibilitywarning ofnotice contractingshall illnessconsist resultingof froma 104sign physicalin contactblack letters with animals,each animalletter feed,to animalbe waste,a orminimum 105of surfacesone contaminatedinch byin animalheight. waste;

106 (f) The possibilitysigns thatshall acontain participant may act in a 107 negligent manner, including by failing to follow instructions 108 given by the agritourismfollowing providernotice orof bywarning: failing to exercise 109 reasonable caution while engaging in the agritourism activity 110 that may contribute to injury to that participant or another 111 participant.

112 (B) In a civil action, an agritourism provider is immune 113 from liability for any harm a participant sustains during an 114 agritourism activity if the participant is harmed as a result of 115 a risk inherent in an agritourism activity.

Nothing in this 116 section requires an agritourism provider to eliminate risks 117 inherent in agritourism activities.

118 (C) An agritourism provider is not immune from civil 119 liability for harm sustained by a participant if any of the 120 following applies:

121 (1) The agritourism provider acts with a willful or wanton 122 disregard for the safety of the participant and proximately 123 causes harm to the participant.

124 (2) The agritourism provider purposefully causes harm to 125 the participant.

126 (3) The agritourism provider's actions or inactions 127 constitute criminal conduct and cause harm to the participant.

128 (4) The agritourism provider fails to post and maintain 129 signs as required by division (D) of this section.

130 Sub.

H.

B.

No.

247 Page 6 As Passed by the House (5) The agritourism provider has actual knowledge or 131 should have actual knowledge of an existing dangerous condition 132 on the land or regarding facilities or equipment on the land 133 that is not an inherent risk and does not make the dangerous 134 condition known to the participant, and the dangerous condition 135 proximately causes injury or damage to or the death of the 136 participant.

137 (D) An agritourism provider shall post and maintain signs 138 that contain the warning notice specified in this division.

The 139 provider shall place a sign in a clearly visible location at or 140 near each entrance to the agritourism location or at the site of 141 each agritourism activity.

The warning notice shall consist of a 142 sign in black letters with each letter to be a minimum of one 143 inch in height.

The signs shall contain the following notice of 144 warning:

Under Ohio law, there is no liability for an 145 injury to or death of a participant in an agritourism activity 146 conducted at this agritourism location if that injury or death 147 results from the inherent risks of that agritourism activity.

148 Inherent risks of agritourism activities include, but are not 149 limited to, the risk of injury inherent to land, equipment, and 150 animals as well as the potential for you as a participant to act 151 in a negligent manner that may contribute to your injury or 152 death.

You are assuming the risk of participating in this 153 agritourism activity." 154 Sec.

(A) Division (A) of section 935.02 of the 155 Revised Code does not apply to any of the following:

156 (1) A person to which all of the following apply:

157 (a) The person possesses a dangerous wild animal.

158 (b) The person has been issued a license by the United 159 Sub.

247 Page136th 7G.A. As Passed by the House States department of agriculture under the federal animal 160 welfare act.

161(b) (c) The directorperson of agriculture has determinedbeen thatissued thea 162license personby is in the processUnited ofStates becomingdepartment an accredited member of theagriculture 163under association of zoos and aquariums or the zoologicalfederal associationanimal 164welfare ofact. America.

165(c) (d) The director hasof informedagriculture thehas persondetermined that the person 166 is exemptin fromthe divisionprocess (A)of becoming an accredited member of sectionthe 935.02association of zoos and aquariums or the Revisedzoological 167association Code.of America.

168(d) (2)The Andirector organizationhas toinformed whichthe allperson that the person is exempt from division (A) of section 935.02 of the followingRevised apply:Code.

169(2) (a)An The organization possessesto awhich dangerousall wildof animal.the following apply:

170(a) (b) The director has determined that the organization ispossesses 171 in the process of being accredited or verified by the global 172 federation of animal sanctuaries as a wildlifedangerous sanctuary.wild animal.

173(b) (c) The director has informeddetermined that the organization thatis itin isthe 174process exemptof frombeing divisionaccredited (A)or ofverified sectionby 935.02the global federation of theanimal Revisedsanctuaries Code.as a wildlife sanctuary.

175(c) (3)The Adirector personhas whoseinformed possessionthe oforganization athat dangerousit wildis animalexempt 176from isdivision authorized(A) byof ansection unexpired935.02 permitof issuedthe underRevised thisCode. chapter.

177(3) (B)A Exceptperson forwhose thepossession purposes of divisionsa (A)dangerous andwild (B)animal ofis 178authorized sectionby 935.04an ofunexpired thepermit Revisedissued Code,under this chapterchapter. does not apply 179 to any of the following:

180(B) (1)Except Afor facility that is an accredited member of the 181purposes association of zoosdivisions (A) and aquariums(B) orof thesection zoological935.04 association 182 of Americathe andRevised thatCode, isthis licensedchapter bydoes thenot Unitedapply Statesto departmentany 183 of agriculture under the federalfollowing: animal welfare act;

184(1) (2) A research facility asthat definedis inan accredited member of the association of zoos and aquariums or the zoological association of America and that is licensed by the United States department of agriculture under the federal animal 185 welfare act;

186(2) Sub.A research facility as defined in the federal animal welfare act;

(3) A research facility that is accredited by the association for the assessment and accreditation of laboratory animal care international;

(4) A circus;

(5) A wildlife rehabilitation facility that is issued a permit by the chief of the division of wildlife in rules adopted under section 1531.08 of the Revised Code and that rehabilitates dangerous wild animals or restricted snakes that are native to the state for the purpose of reintroduction into the wild;

(6) A veterinarian that is providing temporary veterinary care to a dangerous wild animal or restricted snake;

(7) A wildlife sanctuary;

(8) An individual who does not reside in this state, is traveling through this state with a dangerous wild animal or restricted snake, and does all of the following:

(a) Confines the animal or snake in a cage at all times;

(b) Confines the animal or snake in a cage that is not accessible to the public;

(c) Does not exhibit the animal or snake;

(d) Is in the state not more than forty-eight hours unless the animal or snake is receiving veterinary care.

Sub.

247 Page136th 8G.A. As Passed by the House (3) A research facility that is accredited by the 187 association for the assessment and accreditation of laboratory 188 animal care international;

189(9) (4)An Aeducational circus;institution that displays a single dangerous wild animal as a sports mascot and that meets all of the following criteria:

190(a) (5)An Aofficial wildlifeof rehabilitationthe facilityeducational thatinstitution ishas issuedsubmitted aan 191affidavit permitattesting bythat the chiefinstitution ofwill thecare divisionfor ofthe wildlifeanimal inas ruleslong adoptedas 192 under section 1531.08 of the Revisedanimal Codelives and thatin rehabilitatesa 193facility dangerousthat wildis animalsan oraccredited restrictedmember snakesof thatthe areassociation nativeof tozoos 194and theaquariums stateor for the purposezoological association of reintroductionAmerica. into the wild;

195(b) (6)The Aeducational veterinarianinstitution thatmaintains isa providingliability temporaryinsurance veterinarypolicy 196with carean insurer authorized or approved to awrite dangeroussuch wildinsurance animalin this state that covers claims for injury or restricteddamage snake;to persons or property caused by a dangerous wild animal.

197The (7)amount Aof wildlifethe sanctuary;insurance coverage shall be not less than one million dollars.

198(c) (8)During Andisplay individualand whotransport, doesthe noteducational resideinstitution inconfines thisthe state,dangerous iswild 199animal travelingin througha thiscage statethat withdoes anot dangerouspermit wildphysical animalcontact orbetween 200the restrictedanimal snake, and does all of the following:public.

201(d) (a)The Confineseducational theinstitution animalbegan ordisplaying snakea indangerous wild animal as a cagemascot atprior allto times;September 5, 2012.

202(10) (b)Any Confinesperson who has been issued a permit under section 1533.08 of the animalRevised orCode, snakeprovided inthat athe cagepermit lists each specimen of wild animal that is nota 203dangerous accessiblewild toanimal or restricted snake in the public;person's possession;

204(11) (c)Any Doesperson notauthorized exhibitto thepossess a dangerous wild animal or snake;restricted snake under section 1531.25 of the Revised Code or rules adopted under it;

205(12) (d)A Isperson with a mobility impairment, as defined in section 955.011 955.021 of the stateRevised notCode, morewho thanpossesses forty-eighta hoursdangerous unlesswild 206animal specified in division (C)(20)(h) of section 935.01 of the animalRevised orCode snakethat has been trained by a nonprofit agency or is receivingin veterinarysuch care.training to assist the person with a mobility impairment;

207(13) (9)A Andeaf educationalor institutionhearing-impaired thatperson displayswho possesses a single 208 dangerous wild animal asspecified ain sportsdivision mascot(C)(20)(h) andof section 935.01 of the Revised Code that meetshas allbeen oftrained 209by a nonprofit agency or is in such training to assist the followingdeaf criteria:or hearing-impaired person;

210(14) (a)A Anperson officialwho is blind, as defined in section 955.011 955.021 of the educationalRevised institutionCode, hasand 211possesses submitteda andangerous affidavitwild attestinganimal thatspecified thein institutiondivision will(C)(20)(h) careof 212section for935.01 of the animalRevised asCode longthat ashas thebeen animaltrained livesby anda nonprofit agency or is in asuch facilitytraining 213to Sub.assist the blind person.

H.Sec.

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No.

247 Page 9 As Passed by the House that is an accredited member of the association of zoos and 214 aquariums or the zoological association of America.

215 (b) The educational institution maintains a liability 216 insurance policy with an insurer authorized or approved to write 217 such insurance in this state that covers claims for injury or 218 damage to persons or property caused by a dangerous wild animal.

219 The amount of the insurance coverage shall be not less than one 220 million dollars.

221 (c) During display and transport, the educational 222 institution confines the dangerous wild animal in a cage that 223 does not permit physical contact between the animal and the 224 public.

225 (d) The educational institution began displaying a 226 dangerous wild animal as a mascot prior to September 5, 2012.

227 (10) Any person who has been issued a permit under section 228 1533.08 of the Revised Code, provided that the permit lists each 229 specimen of wild animal that is a dangerous wild animal or 230 restricted snake in the person's possession;

231 (11) Any person authorized to possess a dangerous wild 232 animal or restricted snake under section 1531.25 of the Revised 233 Code or rules adopted under it;

234 (12) A person with a mobility impairment, as defined in 235 section 955.011 955.021 of the Revised Code, who possesses a 236 dangerous wild animal specified in division (C)(20)(h) of 237 section 935.01 of the Revised Code that has been trained by a 238 nonprofit agency or is in such training to assist the person 239 with a mobility impairment;

240 (13) A deaf or hearing-impaired person who possesses a 241 dangerous wild animal specified in division (C)(20)(h) of 242 Sub.

H.

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No.

247 Page 10 As Passed by the House section 935.01 of the Revised Code that has been trained by a 243 nonprofit agency or is in such training to assist the deaf or 244 hearing-impaired person;

245 (14) A person who is blind, as defined in section 955.011 246 955.021 of the Revised Code, and possesses a dangerous wild 247 animal specified in division (C)(20)(h) of section 935.01 of the 248 Revised Code that has been trained by a nonprofit agency or is 249 in such training to assist the blind person.

250 Sec.

251 (A) "Vicious dog" means a dog that has been designated as 252 such in accordance with section 955.23 of the Revised Code or a 253 dog that has previously engaged in a vicious dog act when 254 evidence of such engagement is presented to a court and the 255 court determines that the dog has engaged in a previous vicious 256 dog act.

257 (B) "Dangerous dog" means a dog that has been designated 258 as such in accordance with section 955.23 of the Revised Code or 259 a dog that has previously engaged in a dangerous dog act when 260 evidence of such engagement is presented to a court and the 261 court determines that the dog has engaged in a previous 262 dangerous dog act.

263 (C) "Nuisance dog" means a dog that has been designated as 264 such in accordance with section 955.23Sub. of the Revised Code or a 265 dog that has previously engaged in a nuisance dog act when 266 evidence of such engagement is presented to a court and the 267 court determines that the dog has engaged in a previous nuisance 268 dog act.

269 (D) "Nuisance dog act," "dangerous dog act," and "vicious 270 dog act" have the same meanings as in section 955.22 of the 271 Sub.

247 Page136th 11G.A. As Passed by the House Revised Code.

272955.23 (E)of "Policethe dog"Revised meansCode or a dog that has beenpreviously trained,engaged andin 273a maynuisance bedog used,act towhen assistevidence oneof orsuch moreengagement lawis enforcementpresented officersto ina 274court and the performancecourt ofdetermines theirthat officialthe duties.dog has engaged in a previous nuisance dog act.

275(D) (F)"Nuisance "Dogdog kennel"act," or"dangerous "kennel"dog meansact," anand establishment"vicious thatdog 276act" keeps,have houses,the andsame maintainsmeanings adult dogs, as defined in section 277955.22 956.01 of the Revised Code,Code. for the purpose of breeding the dogs 278 for a fee or other consideration received through a sale, 279 exchange, or lease and that is not a high volume breeder 280 licensed under Chapter 956.

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

(F) "Dog kennel" or "kennel" means an establishment that keeps, houses, and maintains adult dogs, as defined in section 956.01 of the Revised Code, for the purpose of breeding the dogs for a fee or other consideration received through a sale, exchange, or lease and that is not a high volume breeder licensed under Chapter 956.

281 Sec.

(A)(1) Except as otherwise provided in 282 this section or in sections 955.011, 955.012955.021, 955.022, 283 and 955.16 of the Revised Code, every person who owns, keeps, or 284 harbors a dog more than three months of age shall file, on or 285 after the first day of the applicable December, but before the 286 thirty-first day of the applicable January, in the office of the 287 county auditor of the county in which the dog is kept or 288 harbored, an application for registration for a period of one 289 year or three years or an application for a permanent 290 registration.

The board of county commissioners, by resolution, 291 may extend the period for filing the application.

The 292 application applicant shall state the age, sex, color, character 293 of hair, whether short or long, and breed, if known, of the dog 294 and the name and address of the owner of the dog on the 295 application.

A Along with the application, the applicant shall 296 submit a registration fee of two dollars for each year of 297 registration for a one-year or three-year registration or twenty 298 dollars for a permanent registration for each dog shall 299 accompany the application.

However, the fee may exceed that 300 amount if a greater fee has been established under division (A)(A)(2) 301of Sub.this section or under section 955.14 of the Revised Code.

(2) A board of county commissioners may establish a registration fee higher than the one provided for in division (A)(1) of this section for dogs a dog more than nine months of age that have has not been spayed or neutered, except that the higher registration fee permitted by this division shall does not apply if a the person registering a the dog furnishes any of the following with the application either a :

(a) A certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered because of its age or medical condition or ;

(b) A certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered because the dog is used or intended for use for show or breeding purposes or a ;

(c) A certificate from the owner of the dog declaring that the owner holds a valid hunting license issued by the division of wildlife of the department of natural resources and that the dog is used or intended for use for hunting purposes.

(3) If the board establishes such a fee under division (A)(2) of this section, the application for registration shall state whether the dog is spayed or neutered, and whether a licensed veterinarian Sub.

247 Page136th 12G.A. As Passed by the House (2) of this section or under section 955.14 of the Revised Code.

302has (2)certified Athat board of county commissioners may establish a 303 registration fee higher than the one provided for in division 304 (A)(1) of this section for dogs a dog moreshould than nine months of 305 age that have has not beenbe spayed or neutered,neutered exceptor that the 306owner higherhas registrationstated feethat permitted by this division shall does 307 not apply if a the person registering a the dog furnishesis anyused ofor 308intended theto followingbe withused thefor applicationhunting eitherpurposes. a :

309The (a)board Amay certificaterequire from a licensedperson veterinarianwho verifyingis 310registering thata thespayed or neutered dog shouldto notfurnish bewith spayedthe orapplication neutereda becausecertificate offrom itsa agelicensed 311veterinarian orverifying medicalthat conditionthe dog is spayed or ;neutered.

312No (b)person Ashall certificatefurnish from a licensedcertificate veterinarianunder verifyingthis 313division that the dogperson shouldknows notto be spayedfalse. or neutered because the dog is 314 used or intended for use for show or breeding purposes or a ;

315(B) (c)If Athe certificateapplication fromfor registration is not filed and the ownerregistration fee paid, on or before the thirty-first day of the dogapplicable declaringJanuary thatof 316each theyear owneror, holdsif athe validboard huntingof licensecounty issuedcommissioners by resolution has extended the divisiondate 317to ofa wildlifedate oflater than the departmentthirty-first day of naturalJanuary, resourcesthe anddate thatestablished by the 318board, dogthe isauditor usedshall orassess intendeda forpenalty usein an amount equal to the registration fee for huntingone purposes.year upon the owner, keeper, or harborer, which shall be paid with the registration fee.

319(C) (3)A Ifperson thewho boardis establishesthe suchowner, akeeper, feeor underharborer division (A) 320 (2) of thisa section,dangerous the application for registration shall 321 state whether the dog is spayed or neutered,vicious anddog whethershall aregister 322 licensed veterinarian has certified that the dog shouldin notaccordance bewith 323division spayed(A) orand neutereddivision or(D) theof ownerthis hassection statedwith that the dogcounty isauditor. used 324 or intended to be used for hunting purposes.

The(D)(1) boardA mayperson 325who requireis athe personowner, whokeeper, isor registeringharborer of a spayeddangerous dog or neuteredvicious dog toshall 326apply furnishfor witha thedangerous applicationdog aregistration certificateto fromthe acounty licensedauditor 327and veterinariansubmit verifyingall thatof the dogfollowing isto spayedthe orcounty neutered.auditor:

328(a) NoA personfee shallof furnishone ahundred certificatedollars; under this division 329 that the person knows to be false.

330(b) Sub.The person's address, telephone number, and other appropriate means for the county auditor to contact the person, along with proof that the person is eighteen years of age or older;

(c) With respect to the person and the dog for which the dangerous dog registration is required, all of the following:

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

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

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

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

(2) The person shall renew the dangerous dog registration annually for the same fee and in the same manner as the initial registration was obtained.

(3) If a dangerous dog registration holder relocates to a new county, the holder shall follow the procedure in division (F) of this section and, upon the expiration of the registration issued in the original county, shall renew the registration in the new county.

(E) Upon submission in accordance with division (D) of this section, the county auditor shall issue a dangerous dog registration to the person.

The county auditor also shall provide the owner Sub.

247 Page136th 13G.A. As Passed by the House (B) If the application for registration is not filed and 331 the registration fee paid, on or before the thirty-first day of 332 the applicable January of each year or, if the board of county 333 commissioners by resolution has extended the date to a date 334 later than the thirty-first day of January, the date established 335 by the board, the auditor shall assess a penalty in an amount 336 equal to the registration fee for one year upon the owner, 337 keeper, or harborer, which shall be paid with the registration 338 fee.

339with (C)a Auniformly persondesigned whotag isthat identifies the owner,animal keeper,as or harborer of a 340vicious dangerous dog or viciousdangerous dogdog. shall register the dog in 341 accordance with division (A) and division (D) of this section 342 with the county auditor.

343(F)(1) (D)(1)If Athe personowner whoof isa thevicious owner,or keeper,dangerous ordog harborerfor ofwhom a 344 dangerous dog orregistration vicioushas dogpreviously shallbeen applyobtained forrelocates to a dangerousnew dogaddress 345within registrationthe tosame county, the countyowner auditorshall andprovide submitnotice all of the 346new followingaddress to the county auditor:auditor within ten days of relocating to the new address.

347(2) (a)If Athe feeowner of onea hundredvicious dollars;or dangerous dog for whom a dangerous dog registration has previously been obtained relocates to a new address within another county, the owner shall do both of the following within ten days of relocating to the new address:

348(a) (b)Provide Thewritten person'snotice address,of telephonethe number,new address and othera 349copy appropriateof meansthe fororiginal thedangerous countydog auditorregistration to contact the person,county 350auditor alongof with proof that the personnew iscounty; eighteen years of age or 351 older;

352(b) (c)Provide Withwritten respectnotice toof the personnew andaddress to the dogcounty forauditor whichof the 353county dangerouswhere dogthe registrationowner ispreviously required,resided. all of the following:

354(G) (i)An Eitheranimal satisfactoryshelter evidencethat keeps or harbors a dog more than three months of theage dog'sis currentexempt 355from rabiespaying vaccinationany fees registration requirements imposed under division (A) or (B) of this section if it is a statementnonprofit organization that is exempt from afederal licensedincome veterinariantaxation 356under thatsubsection a501(a) rabiesand vaccinationdescribed isin medicallysubsection contraindicated501(c)(3) forof the 357"Internal dog;Revenue Code of 1986," 100 Stat.

358 (ii) Either satisfactory evidence of the fact that the dog 359 Sub.

H.

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No.

247 Page 14 As Passed by the House has been neutered or spayed or a statement from a licensed 360 veterinarian that neutering or spaying of the dog is medically 361 contraindicated;

362 (iii) Satisfactory evidence of the fact that the person 363 has posted and will continue to post clearly visible signs at 364 the person's residence warning both minors and adults of the 365 presence of a dangerous dog on the property;

366 (iv) Satisfactory evidence of the fact that the dog has 367 been permanently identified by means of a microchip and the 368 dog's microchip number.

369 (2) The person shall renew the dangerous dog registration 370 annually for the same fee and in the same manner as the initial 371 registration was obtained.

372 (3) If a dangerous dog registration holder relocates to a 373 new county, the holder shall follow the procedure in division 374 (F) of this section and, upon the expiration of the registration 375 issued in the original county, shall renew the registration in 376 the new county.

377 (E) Upon submission in accordance with division (D) of 378 this section, the county auditor shall issue a dangerous dog 379 registration to the person.

The county auditor also shall 380 provide the owner with a uniformly designed tag that identifies 381 the animal as a vicious or dangerous dog.

382 (F)(1) If the owner of a vicious or dangerous dog for whom 383 a dangerous dog registration has previously been obtained 384 relocates to a new address within the same county, the owner 385 shall provide notice of the new address to the county auditor 386 within ten days of relocating to the new address.

387 (2) If the owner of a vicious or dangerous dog for whom a 388 Sub.

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247 Page 15 As Passed by the House dangerous dog registration has previously been obtained 389 relocates to a new address within another county, the owner 390 shall do both of the following within ten days of relocating to 391 the new address:

392 (a) Provide written notice of the new address and a copy 393 of the original dangerous dog registration to the county auditor 394 of the new county;

395 (b) Provide written notice of the new address to the 396 county auditor of the county where the owner previously resided.

397 (G) An animal shelter that keeps or harbors a dog more 398 than three months of age is exempt from paying any fees 399 registration requirements imposed under division (A) or (B) of 400 this section if it is a nonprofit organization that is exempt 401 from federal income taxation under subsection 501(a) and 402 described in subsection 501(c)(3) of the "Internal Revenue Code 403 of 1986," 100 Stat.

404 (H) No owner, keeper, or harborer of any dog shall fail to 405 file the application for registration and pay the associated fee 406 as required under division (A) of this section or, if 407 applicable, fail to pay the penalty prescribed in division (B) 408 of this section.

A violation of this division is a strict 409 liability offense and section 2901.20 of the Revised Code does 410 not apply.

411 (I) No owner, keeper, or harborer of a vicious or 412 dangerous dog shall fail to present a valid dangerous dog 413 registration upon request of any law enforcement officer, dog 414 warden, or public health official charged with enforcing this 415 section.

A violation of this division is a strict liability 416 offense and section 2901.20 of the Revised Code does not apply.

417(J) Sub.No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do any of the following:

(1) Obtain a dangerous dog registration from the county auditor pursuant to this section;

(2) Affix a tag that identifies the dog as a dangerous or vicious dog to the dog's collar;

(3) Ensure that the dog wears the collar and tag at all times.

A violation of division (J) of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply.

(K) No person shall recklessly furnish a certificate under division (A)(2) of this section that the person knows to be false.

(L)(1) Whoever violates division (H) of this section shall be fined not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars or more than two hundred fifty dollars and may be imprisoned for not more than thirty days.

(2) Whoever violates division (I) of this section is guilty of a minor misdemeanor.

Sub.

247 Page136th 16G.A. As Passed by the House (J) No owner, keeper, or harborer of a dangerous or 418 vicious dog shall fail to do any of the following:

419(3) (1)Whoever Obtainviolates adivision dangerous(J) dogof registrationthis fromsection is guilty of a misdemeanor of the countyfourth 420degree auditorand pursuanta tomisdemeanor thisof section;the third degree on each subsequent offense.

421(4) (2)Whoever Affixviolates adivision tag(K) thatof identifiesthis thesection dogis asguilty of a dangerousmisdemeanor orof 422 vicious dog to the dog'sfirst collar;degree.

423Sec. (3) Ensure that the dog wears the collar and tag at all 424 times.

425 A violation of division (J) of this section is a strict 426 liability offense and section 2901.20 of the Revised Code does 427 not apply.

428 (K) No person shall recklessly furnish a certificate under 429 division (A)(2) of this section that the person knows to be 430 false.

431 (L)(1) Whoever violates division (H) of this section shall 432 be fined not less than twenty-five dollars or more than one 433 hundred dollars on a first offense, and on each subsequent 434 offense shall be fined not less than seventy-five dollars or 435 more than two hundred fifty dollars and may be imprisoned for 436 not more than thirty days.

437 (2) Whoever violates division (I) of this section is 438 guilty of a minor misdemeanor.

439 (3) Whoever violates division (J) of this section is 440 guilty of a misdemeanor of the fourth degree and a misdemeanor 441 of the third degree on each subsequent offense.

442 (4) Whoever violates division (K) of this section is 443 guilty of a misdemeanor of the first degree.

444 Sub.

H.

B.

No.

247 Page 17 As Passed by the House Sec.

(A) When an application is made for 445 registration of an assistance dog and the owner can show proof 446 by certificate or other means that the dog is an assistance dog, 447 the owner of the dog shall be exempt from any fee for the 448 registration.

Registration for an assistance dog shall be 449 permanent and not subject to annual renewal so long as the dog 450 is an assistance dog.

Certificates and tags stamped "Ohio 451 Assistance Dog-Permanent Registration," with registration 452 number, shall be issued upon registration of such a dog.

Any 453 certificate and tag stamped "Ohio Service Dog-Permanent 454 Registration," with registration number, that was issued for a 455 dog in accordance with this section as it existed on and after 456 November 26, 2004, but prior to June 30, 2006, shall remain in 457 effect as valid proof of the registration of the dog on and 458 after November 26, 2004.

Duplicate certificates and tags for a 459 dog registered in accordance with this section, upon proper 460 proof of loss, shall be issued and no fee required.

Each 461 duplicate certificate and tag that is issued shall be stamped 462 "Ohio Assistance Dog-Permanent Registration." 463 (B) As used in this section and in sections 955.16 and 464 955.43 of the Revised Code:

465 (1) "Person with a mobility impairment" means any person, 466 regardless of age, who is subject to a physiological impairment 467 regardless of its cause, nature, or extent that renders the 468 person unable to move about without the aid of crutches, a 469 wheelchair, or any other form of support, or that limits the 470 person's functional ability to ambulate, climb, descend, sit, 471 rise, or perform any related function.

"Person with a mobility 472 impairment" includes a person with a neurological or 473 psychological disability that limits the person's functional 474 ability to ambulate, climb, descend, sit, rise, or perform any 475related Sub.function.

"Person with a mobility impairment" also includes a person with a seizure disorder and a person who is diagnosed with autism.

(2) "Blind" means either of the following:

(a) Vision twenty/two hundred or less in the better eye with proper correction;

(b) Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.

(3) "Assistance dog" means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:

(a) A guide dog;

(b) A hearing dog;

(c) A service dog.

(4) "Guide dog" means a dog that has been trained or is in training to assist a blind person.

(5) "Hearing dog" means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.

(6) "Service dog" means a dog that has been trained or is in training to assist a person with a Sub.

247 Page136th 18G.A. As Passed by the House related function.

"Person with a mobility impairment"impairment. also 476 includes a person with a seizure disorder and a person who is 477 diagnosed with autism.

478Sec. (2) "Blind" means either of the following:

479 (a) Vision twenty/two hundred or less in the better eye 480 with proper correction;

481 (b) Field defect in the better eye with proper correction 482 that contracts the peripheral field so that the diameter of the 483 visual field subtends an angle no greater than twenty degrees.

484 (3) "Assistance dog" means a dog that has been trained by 485 a nonprofit or for-profit special agency and that is one of the 486 following:

487 (a) A guide dog;

488 (b) A hearing dog;

489 (c) A service dog.

490 (4) "Guide dog" means a dog that has been trained or is in 491 training to assist a blind person.

492 (5) "Hearing dog" means a dog that has been trained or is 493 in training to assist a deaf or hearing-impaired person.

494 (6) "Service dog" means a dog that has been trained or is 495 in training to assist a person with a mobility impairment.

496 Sec.

497 (1) "Controlled substance" has the same meaning as in 498 section 3719.01 of the Revised Code.

499 (2) "Law enforcement agency" means the state highway 500 patrol, the office of a county sheriff, the police department of 501a Sub.municipal corporation or township, or a township or joint police district.

(3) "Law enforcement canine" means a dog regularly utilized by a law enforcement agency for general law enforcement purposes, tracking, or detecting the presence of a controlled substance or explosive.

(B) Instead of obtaining an annual registration under section 955.01 955.02 of the Revised Code, a law enforcement agency owning, keeping, or harboring a law enforcement canine may obtain an annual registration for the dog as a law enforcement canine under this section.

The application for a law enforcement canine registration shall be submitted to the county auditor of the county in which the central office of the law enforcement agency that owns, keeps, or harbors the dog is located, except that for a dog owned, kept, or harbored by the state highway patrol, the application shall be submitted to the county auditor of the county in which is located the state highway patrol post to which the dog and its handler primarily are assigned.

The application shall be submitted on or after the first day of December immediately preceding the beginning of the registration year and before the thirty-first day of January of that year.

If the period for filing registration applications under division (A)(1) of section 955.01 955.02 of the Revised Code is extended in the county in which a law enforcement canine is to be registered, an application for registration under this section shall be submitted to the county auditor not later than the registration deadline for that year, as so extended.

The application for registration of a law enforcement canine shall state the age, sex, hair color, character of hair, whether short or long, and breed, if known, of the dog, the name and address of the owner of the dog, and, if the law enforcement agency keeping or harboring the dog is different from the owner, the name of that law enforcement agency.

For a dog owned, kept, or harbored by the police department of a municipal corporation or township or by a township or joint police district, the application shall be signed by the chief of the police department or district.

For a dog owned, kept, or harbored by the office of a county sheriff, the application shall be signed by the sheriff.

For a dog owned, kept, or harbored by the state highway patrol, the application shall be signed by the officer in charge of the post of the state highway patrol to which the dog and its handler primarily are assigned.

The application shall include a certification by the chief of the police department or district, sheriff, or officer of the state highway patrol post, as applicable, that the dog described in the application has been properly trained to carry out one or more of the purposes described in division (A)(3) of this section and actually is used for one or more of those purposes by the law enforcement agency making the application.

No fee is required for issuance of a law enforcement canine registration.

Upon proper proof of loss, a duplicate certificate and tag shall be issued for a dog registered under this section, and no Sub.

247 Page136th 19G.A. As Passed by the House a municipal corporation or township, or a township or joint 502 police district.

503fee (3)shall "Lawbe enforcementrequired. canine" means a dog regularly 504 utilized by a law enforcement agency for general law enforcement 505 purposes, tracking, or detecting the presence of a controlled 506 substance or explosive.

507If (B)an Insteadapplication for registration of obtaininga anlaw annualenforcement canine is not filed under this section on or before the thirty-first day of January of the registration year, or the extended registration deadline established under 508division (A)(1) of section 955.01 955.02 of the Revised Code, aas applicable, the law enforcement 509canine agencyshall owning,be keeping,registered orunder harboringthat asection, lawand enforcementthe canineregistration 510fee mayand obtainlate anregistration annualpenalty registrationapplicable forunder thedivisions dog(A) asand a(B) lawof 511that enforcementsection canineshall underaccompany thisthe section.application.

The(C) applicationIf for a law 512 enforcement canineagency registrationbecomes shallthe beowner, submittedkeeper, toor theharborer countyof 513a auditorlaw ofenforcement thecanine countyor inbrings whicha thelaw centralenforcement officecanine ofinto the lawstate 514after enforcementthe agencythirty-first thatday owns,of keeps,January orof harborsa theregistration dogyear isor 515the located,extended exceptregistration thatdeadline forestablished aunder dogdivision owned,(A)(1) kept,of orsection harbored955.01 by955.02 of the 516Revised stateCode, highwayas patrol,applicable, the applicationlaw shallenforcement beagency, submittedwithin tothirty thedays 517after countybecoming auditor of the countyowner, inkeeper, whichor isharborer locatedor bringing the statedog 518into highwaythe patrolstate, postmay tosubmit whichan theapplication dogfor andregistration itsof handlerthe primarilydog 519under arethis assigned.section.

TheUpon applicationsubmission shallof bethe submittedapplication, on or after the 520law firstenforcement dayagency ofshall Decemberbe immediatelyissued precedingsuch thea beginningregistration ofin the 521manner registrationprovided yearin anddivision before(B) the thirty-first day of Januarythis ofsection. 522 that year.

If thesuch periodan forapplication filingis registrationnot applicationsfiled 523within underthe divisionthirty-day (A)(1)period, ofthe sectiondog 955.01shall 955.02be ofregistered theunder Revisedsection 524955.05 Codeof is extended in the countyRevised inCode, whichand athe lawregistration enforcementfee canineand 525late isregistration topenalty beapplicable registered, an application for registration under thisthat 526 section shallor besection submitted955.06 toof the countyRevised auditorCode notshall lateraccompany than 527 the registrationapplication. deadline for that year, as so extended.

528Sec. The application for registration of a law enforcement 529 canine shall state the age, sex, hair color, character of hair, 530 whether short or long, and breed, if known, of the dog, the name 531 Sub.

H.

B.

No.

247 Page 20 As Passed by the House and address of the owner of the dog, and, if the law enforcement 532 agency keeping or harboring the dog is different from the owner, 533 the name of that law enforcement agency.

For a dog owned, kept, 534 or harbored by the police department of a municipal corporation 535 or township or by a township or joint police district, the 536 application shall be signed by the chief of the police 537 department or district.

For a dog owned, kept, or harbored by 538 the office of a county sheriff, the application shall be signed 539 by the sheriff.

For a dog owned, kept, or harbored by the state 540 highway patrol, the application shall be signed by the officer 541 in charge of the post of the state highway patrol to which the 542 dog and its handler primarily are assigned.

The application 543 shall include a certification by the chief of the police 544 department or district, sheriff, or officer of the state highway 545 patrol post, as applicable, that the dog described in the 546 application has been properly trained to carry out one or more 547 of the purposes described in division (A)(3) of this section and 548 actually is used for one or more of those purposes by the law 549 enforcement agency making the application.

550 No fee is required for issuance of a law enforcement 551 canine registration.

Upon proper proof of loss, a duplicate 552 certificate and tag shall be issued for a dog registered under 553 this section, and no fee shall be required.

554 If an application for registration of a law enforcement 555 canine is not filed under this section on or before the thirty- 556 first day of January of the registration year, or the extended 557 registration deadline established under division (A)(1) of 558 section 955.01 955.02 of the Revised Code, as applicable, the 559 law enforcement canine shall be registered under that section, 560 and the registration fee and late registration penalty 561 applicable under divisions (A) and (B) of that section shall 562 Sub.

H.

B.

No.

247 Page 21 As Passed by the House accompany the application.

563 (C) If a law enforcement agency becomes the owner, keeper, 564 or harborer of a law enforcement canine or brings a law 565 enforcement canine into the state after the thirty-first day of 566 January of a registration year or the extended registration 567 deadline established under division (A)(1) of section 955.01 568 955.02 of the Revised Code, as applicable, the law enforcement 569 agency, within thirty days after becoming the owner, keeper, or 570 harborer or bringing the dog into the state, may submit an 571 application for registration of the dog under this section.

Upon 572 submission of the application, the law enforcement agency shall 573 be issued such a registration in the manner provided in division 574 (B) of this section.

If such an application is not filed within 575 the thirty-day period, the dog shall be registered under section 576 955.05 of the Revised Code, and the registration fee and late 577 registration penalty applicable under that section or section 578 955.06 of the Revised Code shall accompany the application.

579 Sec.

(A) As used in this section, 580 "financial transaction device" has the same meaning as in 581 section 301.28 of the Revised Code.

582 (B) A county auditor may establish procedures and take 583 actions that are necessary to allow for either or both of the 584 following:

585 (1) The registration of dogs and kennels under this 586 chapter via the internet;

587 (2) The payment of dog and kennel registration fees under 588 this chapter by financial transaction devices, including payment 589 by financial transaction devices via the internet.

590 Sec.

Whenever a county auditor registers a 591dangerous Sub.or vicious dog or receives a notification regarding an address change from an owner, keeper, or harborer of a dangerous or vicious dog, the county auditor shall notify in writing the applicable county dog warden of such registration or address change.

H.Sec.

B.

No.

247 Page 22 As Passed by the House dangerous or vicious dog or receives a notification regarding an 592 address change from an owner, keeper, or harborer of a dangerous 593 or vicious dog, the county auditor shall notify in writing the 594 applicable county dog warden of such registration or address 595 change.

596 Sec.

Any dog which that has been registered under 597 sections 955.01 955.02 and 955.04 of the Revised Code and any 598 dog not required to be registered under such sections shall be 599 considered as personal property and have all the rights and 600 privileges and be subject to like restraints as other livestock.

601 Sec.

(A) Every owner of a dog kennel of dogs 602 shall, in like manner as provided in division (A) of section 603 955.01 955.02 of the Revised Code, make application for the 604 registration of such kennel, and pay to the county auditor a 605 registration fee of ten dollars for each such kennel, unless a 606 greater fee has been established under section 955.14 of the 607 Revised Code.

If such the application is not filed and the fee 608 paid, on or before the thirty-first day of January of each year, 609 the auditorSub. shall assess a penalty in an amount equal to the 610 registration fee upon the owner of such kennel.

The payment of 611 such the kennel registration fee shall entitle entitles the 612 licensee to not more than five tags, to bear consecutive numbers 613 and to be issued in like manner and have like effect when worn 614 by any dog owned in good faith by such licensee as the tags 615 provided for in section 955.08 955.07 of the Revised Code.

Upon 616 application to the county auditor, additional tags, in excess of 617 the five tags, may be issued upon payment of an additional fee 618 of one dollar per tag.

619 (B) No owner of a kennel shall fail to register the kennel 620 in accordance with this section.

A violation of this division is 621 Sub.

247 Page136th 23G.A. As Passed by the House a strict liability offense and section 2901.20 of the Revised 622 Code does not apply.

623auditor (C) Whoever violates division (B) of this section shall beassess 624 fined not less than twenty-five dollars or more than one hundred 625 dollars on a firstpenalty offense,in andan onamount eachequal subsequentto offensethe shallregistration 626fee beupon finedthe notowner lessof thansuch seventy-fivekennel. dollars or more than two 627 hundred fifty dollars and may be imprisoned for not more than 628 thirty days.

629The Sec.payment of such the kennel registration fee shall entitle entitles the licensee to not more than five tags, to bear consecutive numbers and to be issued in like manner and have like effect when worn by any dog owned in good faith by such licensee as the tags provided for in section 955.08 955.07 of the Revised Code.

Upon application to the county auditor, additional tags, in excess of the five tags, may be issued upon payment of an additional fee of one dollar per tag.

(B) No owner of a kennel shall fail to register the kennel in accordance with this section.

A violation of this division is a strict liability offense and section 2901.20 of the Revised Code does not apply.

(C) Whoever violates division (B) of this section shall be fined not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars or more than two hundred fifty dollars and may be imprisoned for not more than thirty days.

Sec.

After the thirty-first day of January of any 630 year, except as otherwise provided in section 955.012 955.022 or 631 955.16 of the Revised Code, every person, immediately upon 632 becoming the owner, keeper, or harborer of any dog more than 633 three months of age or brought from outside the state during any 634 year, shall file like applications, with fees, as required by 635 section 955.01 955.02 of the Revised Code, for registration for 636 a period of one year or three years or an application for 637 permanent registration.

If the application is not filed and the 638 fee paid, within thirty days after the dog is acquired, becomes 639 three months of age, or is brought from outside the state, the 640 auditor shall assess a penalty in an amount equal to the 641 registration fee for one year upon the owner, keeper, or 642 harborer, which shall be paid with the registration fee.

643 Thereafter, the owner, keeper, or harborer shall register the 644 dog as provided in section 955.01 955.02 of the Revised Code, as 645 applicable.

646 Every person becoming the owner of a dog kennel of dogs 647 after the thirty-first day of January of any year shall file 648 like applications, with fees, as required by section 955.04 of 649 the Revised Code, for the registration of such kennel for the 650 current calendar year.

If such application is not filed and the 651fee Sub.paid within thirty days after the person becomes the owner of such kennel, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner of such kennel.

H.Sec.

B.

No.

247 Page 24 As Passed by the House fee paid within thirty days after the person becomes the owner 652 of such kennel, the auditor shall assess a penalty in an amount 653 equal to the registration fee upon the owner of such kennel.

654 Sec.

(A) The owner, keeper, or harborer of a dog 655 becoming three months of age after the first day of July in a 656 calendar year and the owner, keeper, or harborer of a dog 657 purchased outside the state after the first day of July in a 658 calendar year shall register the dog in accordance with division 659 (B), (C), or (D) of this section within ninety days of the dog's 660 becoming three months of age or within ninety days of the date 661 of the purchase of the dog, as applicable.

662 (B) The owner, keeper, or harborer of a dog to which 663 division (A) of this section applies may register the dog for 664 the remainder of the current year.

The fee for such a 665 registration shall be one-halfone- half of the original fee for a one-one-year 666 year registration.

Thereafter, the owner, keeper, or harborer 667 shall register the dog for a period of one year, three years, or 668 permanently as provided in section 955.01 955.02Sub. of the Revised 669 Code.

670 (C) The owner, keeper, or harborer of a dog to which 671 division (A) of this section applies may register the dog for a 672 period consisting of the remainder of the current year and two 673 additional years.

The fee for such a registration shall be 674 eighty-three per cent of the original fee for a three-year 675 registration.

Thereafter, the owner, keeper, or harborer shall 676 register the dog for a period of one year, three years, or 677 permanently as provided in section 955.01 955.02 of the Revised 678 Code.

679 (D) The owner, keeper, or harborer of a dog to which 680 division (A) of this section applies may register the dog 681 Sub.

247 Page136th 25G.A. As Passed by the House permanently.

The955.02 feeof for such a registration shall be the sameRevised 682Code. as the original fee for a permanent registration.

683(C) Sec.The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog for a period consisting of the remainder of the current year and two additional years.

The fee for such a registration shall be eighty-three per cent of the original fee for a three-year registration.

Thereafter, the owner, keeper, or harborer shall register the dog for a period of one year, three years, or permanently as provided in section 955.01 955.02 of the Revised Code.

(D) The owner, keeper, or harborer of a dog to which division (A) of this section applies may register the dog permanently.

The fee for such a registration shall be the same as the original fee for a permanent registration.

Sec.

(A) Upon the filing of the application for 684 registration required by sections 955.01 955.02 and 955.04 of 685 the Revised Code and upon the payment of the registration fee 686 and the administrative fee, if applicable, the county auditor 687 shall assign a distinctive number to every dog or dog kennel 688 described in the application and shall deliver a certificate of 689 registration bearing the number to the owner of the dog or dog 690 kennel.

A record of all certificates of registration issued, 691 together with the applications for registration, shall be kept 692 by the auditor in a dog and kennel register until after an audit 693 performed by the auditor of state.

This record shall be open to 694 the inspection of any person during reasonable business hours.

695 (B) In addition to the certificate of registration 696 provided for under division (A) of this section, the county 697 auditor shall issue to every person applying for the 698 registration of a dog and paying the required fee a metal tag 699 for each dog so registered.

The form, color, character, and 700 lettering of the tag shall be prescribed by the county auditor.

701 If a tag is lost, a duplicate shall be furnished by the auditor 702 upon proper proof of loss and the payment of five dollars for 703 each duplicate tag issued.

704 Sec.

Certificates of registration and 705 registration tags shall be valid only during the calendar year 706 or years for which they are issued.

707 Sec.

(A) No owner of a dog, except a dog 708 constantly confined to a dog kennel registered under this 709 chapter or one licensed under Chapter 956.

of the Revised Code, 710 shall fail to require the dog to wear, at all times, a valid tag 711issued Sub.in connection with a certificate of registration under division (A) of section 955.02 of the Revised Code.

A violation of this division is a strict liability offense and section 2901.20 of the Revised Code does not apply.

A dog found not wearing at any time a valid tag shall be is prima-facie evidence of lack of registration and shall subject any dog found not wearing such a tag to impounding, sale, or destruction.

(B) No person shall recklessly obstruct or interfere with anyone lawfully engaged in capturing an unregistered dog or examining a dog wearing a tag.

(C) No person shall recklessly own, keep, or harbor a dog wearing a fictitious, altered, or invalid registration tag or a registration tag not issued by the county auditor in connection with the registration of such animal.

(D) Whoever violates division (A), (B), or (C) of this section is guilty of a minor Sub.

247 Page136th 26G.A. As Passed by the House issued in connection with a certificate of registration under 712 division (A) of section 955.02 of the Revised Code.

Amisdemeanor. violation 713 of this division is a strict liability offense and section 714 2901.20 of the Revised Code does not apply.

ASec. dog found not 715 wearing at any time a valid tag shall be is prima-facie evidence 716 of lack of registration and shall subject any dog found not 717 wearing such a tag to impounding, sale, or destruction.

718 (B) No person shall recklessly obstruct or interfere with 719 anyone lawfully engaged in capturing an unregistered dog or 720 examining a dog wearing a tag.

721 (C) No person shall recklessly own, keep, or harbor a dog 722 wearing a fictitious, altered, or invalid registration tag or a 723 registration tag not issued by the county auditor in connection 724 with the registration of such animal.

725 (D) Whoever violates division (A), (B), or (C) of this 726 section is guilty of a minor misdemeanor.

727 Sec.

(A) For the purposes of this section, 728 ordinances or resolutions to control dogs include, but are not 729 limited to, ordinances or resolutions concerned with the 730 ownership, keeping, or harboring of dogs, the restraint of dogs, 731 dogs as public nuisances, and dogs as a threat to public health, 732 safety, and welfare, except that such ordinances or resolutions 733 as permitted in division (B) of this section shall not prohibit 734 the use of any dog which is lawfully engaged in hunting or 735 training for the purpose of hunting while accompanied by a 736 licensed hunter.

However, such dogs at all other times and in 737 all other respects shall be subject to the ordinance or 738 resolution permitted by this section, unless actually in the 739 field and engaged in hunting or in legitimate training for such 740 purpose.

741(B)(1) Sub.A board of county commissioners may adopt and enforce resolutions to control dogs within the unincorporated areas of the county that are not otherwise in conflict with any other provision of the Revised Code.

H.(2) A board of township trustees may adopt and enforce resolutions to control dogs within the township that are not otherwise in conflict with any other provision of the Revised Code, if the township is located in a county where the board of county commissioners has not adopted resolutions to control dogs within the unincorporated areas of the county under this section.

B.In the event that the board of county commissioners adopts resolutions to control dogs in the county after a board of township trustees has adopted resolutions to control dogs within the township, the resolutions adopted by the county board of commissioners prevail over the resolutions adopted by the board of township trustees.

No.(3) A municipal corporation may adopt and enforce ordinances to control dogs within the municipal corporation that are not otherwise in conflict with any other provision of the Revised Code.

247(C) PageNo 27person Asshall Passedrecklessly byviolate the House (B)(1) A board of county commissioners may adopt and 742 enforce resolutions to control dogs within the unincorporated 743 areas of the county that are not otherwise in conflict with any 744resolution otheror provisionordinance ofadopted theunder Revisedthis Code.section.

745(D) (2)Whoever Aviolates boarddivision of(C) township trustees may adopt and enforce 746 resolutions to control dogs within the township that are not 747 otherwise in conflict with any other provision of thethis Revisedsection 748 Code, if the township is locatedguilty inof a countyminor wheremisdemeanor. the board of 749 county commissioners has not adopted resolutions to control dogs 750 within the unincorporated areas of the county under this 751 section.

InEach theday event that the board of countycontinued commissionersviolation 752constitutes adopts resolutions to control dogs in the county after a boardseparate 753offense. of township trustees has adopted resolutions to control dogs 754 within the township, the resolutions adopted by the county board 755 of commissioners prevail over the resolutions adopted by the 756 board of township trustees.

757Fines (3)levied Aand municipalcollected corporationfor mayviolations adoptof andthat enforcedivision 758shall ordinancesbe todistributed controlby dogsthe withinmayor theor municipalclerk corporationof thatthe 759municipal areor notcounty otherwisecourt in conflictaccordance with anysection other733.40, provisiondivision (F) of thesection 7601901.31, or division (C) of section 1907.20 of the Revised Code.Code to the treasury of the county, township, or municipal corporation whose resolution or ordinance was violated.

761Sec. (C) No person shall recklessly violate any resolution or 762 ordinance adopted under this section.

763 (D) Whoever violates division (C) of this section is 764 guilty of a minor misdemeanor.

Each day of continued violation 765 constitutes a separate offense.

Fines levied and collected for 766 violations of that division shall be distributed by the mayor or 767 clerk of the municipal or county court in accordance with 768 section 733.40, division (F) of section 1901.31, or division (C) 769 of section 1907.20 of the Revised Code to the treasury of the 770 county, township, or municipal corporation whose resolution or 771 Sub.

H.

B.

No.

247 Page 28 As Passed by the House ordinance was violated.

772 Sec.

773 (1)(a) "Dangerous dog" means a dog that, without 774 provocation, and subject to division (A)(1)(b)(A) (1)(b) of this section, 775 has done any of the following:

776 (i) Caused injury, other than killing or serious injury, 777 to any person;

778 (ii) Killed another dog;

779 (iii) Been the subject of a third or subsequent violation 780 of division (C) of section 955.22 of the Revised Code.

781Sub. (b) "Dangerous dog" does not include a police dog that has 782 caused injury, other than killing or serious injury, to any 783 person or has killed another dog while the police dog is being 784 used to assist one or more law enforcement officers in the 785 performance of their official duties.

786 (2) "Menacing fashion" means that a dog would cause any 787 person being chased or approached to reasonably believe that the 788 dog will cause physical injury to that person.

789 (3)(a) Subject to division (A)(3)(b) of this section, 790 "nuisance dog" means a dog that without provocation and while 791 off the premises of its owner, keeper, or harborer has chased or 792 approached a person in either a menacing fashion or an apparent 793 attitude of attack or has attempted to bite or otherwise 794 endanger any person.

795 (b) "Nuisance dog" does not include a police dog that 796 while being used to assist one or more law enforcement officers 797 in the performance of official duties has chased or approached a 798 person in either a menacing fashion or an apparent attitude of 799 Sub.

247 Page136th 29G.A. As Passed by the House attack or has attempted to bite or otherwise endanger any 800 person.

801(b) (4)"Dangerous "Police dog" meansdoes not include a police dog that has beencaused trained,injury, andother 802than maykilling beor used,serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in 803 the performance of their official duties.

804(2) (5)"Menacing "Seriousfashion" injury" means that a dog would cause any ofperson being chased or approached to reasonably believe that the following:dog will cause physical injury to that person.

805(3)(a) (a)Subject Anyto physicaldivision harm(A)(3)(b) of this section, "nuisance dog" means a dog that carrieswithout provocation and while off the premises of its owner, keeper, or harborer has chased or approached a substantialperson riskin either a menacing fashion or an apparent attitude of 806attack death;or has attempted to bite or otherwise endanger any person.

807 (b) Any"Nuisance physicaldog" harmdoes thatnot involvesinclude a permanentpolice 808dog incapacity,that whetherwhile partialbeing used to assist one or total,more law enforcement officers in the performance of official duties has chased or approached a temporary,person 809in substantialeither incapacity;a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.

810(4) (c)"Police Anydog" physicalmeans harma dog that involveshas abeen permanenttrained, 811and disfigurementmay be used, to assist one or amore temporary,law seriousenforcement disfigurement;officers in the performance of their official duties.

812(5) (d)"Serious Anyinjury" physicalmeans harm that involves acute pain of a 813 duration that results in substantial suffering or any degree of 814the prolongedfollowing: or intractable pain.

815(a) (6)(a)Any "Viciousphysical dog"harm meansthat carries a dogsubstantial that,risk without provocation 816 and subject to division (A)(6)(b) of thisdeath; section, has killed or 817 caused serious injury to any person.

818 (b) "ViciousAny dog"physical doesharm notthat includeinvolves eithera ofpermanent theincapacity, 819whether following:partial or total, or a temporary, substantial incapacity;

820(c) (i)Any Aphysical policeharm dog that hasinvolves killeda orpermanent causeddisfigurement serious injury 821 to any person while the police dog is being used to assist one 822 or morea lawtemporary, enforcementserious officersdisfigurement; in the performance of their 823 official duties;

824(d) (ii)Any Aphysical dogharm that hasinvolves killedacute orpain causedof seriousa injuryduration tothat anyresults 825in personsubstantial whilesuffering a person was committing or attemptingany todegree commitof aprolonged 826or Sub.intractable pain.

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

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

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

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

(7) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

(B) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller.

The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog.

Blank forms of the certificate may be obtained from the county auditor.

A transfer of ownership shall be Sub.

247 Page136th 30G.A. As Passed by the House trespass or other criminal offense on the property of the owner, 827 keeper, or harborer of the dog.

828recorded (7)by "Withoutthe provocation"auditor meansupon thatpresentation of a dogtransfer wasof notownership teased,certificate 829that tormented,is orsigned abused by a person, or that the dogformer wasowner not coming 830 to the aid or the defense of a persondog who was not engaged in 831 illegal or criminal activity and whothat wasis notaccompanied usingby the dog as a 832fee means of carryingfive outdollars. such activity.

833(C) Prior (B) UponExcept as provided in division (C) of this section, prior to the transfer of ownership or possession of any a dog, upon the buyer's or other transferee's request, the seller 834or other transferor of the dog shall give to the buyerperson a transferwritten ofnotice ownershiprelative 835to certificatethe thatbehavior shalland bepropensities signedof by the seller.dog.

The(D)(C) certificateWithin 836ten shalldays containafter the registrationtransfer numberof ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog or vicious dog, the nameseller or other transferor shall give to the buyer or other transferee, the board of 837health for the seller,district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a briefcompleted descriptioncopy of a written form on which the dog.seller shall furnish the following information:

Blank(1) formsThe ofname 838and address of the certificatebuyer mayor beother obtainedtransferee fromof the countydog; auditor.

A(2) 839The transferage, ofsex, ownershipcolor, shallbreed, beand recordedcurrent byregistration thenumber auditor upon 840 presentation of a transfer of ownership certificate that is 841 signed by the formerdog. owner of a dog and that is accompanied by a 842 fee of five dollars.

843In (C)addition, Prior (B) Except as provided in division (C) of this 844 section, prior to the transfer of ownership or possession of any 845 a dog, upon the buyer's or other transferee's request, the 846 seller or other transferor of the dog shall giveanswer to the personfollowing aquestions, 847which writtenshall noticebe relativespecifically tostated theon behavior and propensities of the 848form dog.as follows:

849"Has (D)(C)the Withindog tenever dayschased afteror theattempted transferto ofattack ownership or 850bite possessiona ofperson? anyIf dog,yes, ifdescribe the sellerincident(s) orin otherwhich transferorthe ofbehavior theoccurred." 851"Has the dog hasever knowledgebitten thata person? If yes, describe the dogincident(s) isin awhich dangerousthe behavior occurred." "Has the dog ever seriously injured or viciouskilled 852a dog,person? If yes, describe the sellerincident(s) orin otherwhich transferorthe shallbehavior giveoccurred." to"Has the buyerdog previously been designated a nuisance, dangerous, or 853vicious otherdog? transferee,If yes, indicate the boarddesignation ofthat healthwas forassigned, the districtdate of designation, and in which 854county or city the buyerdesignation was made." The seller or other transfereetransferor resides,shall andobtain the dogsignature warden of the 855buyer countyor inother whichtransferee after a statement on the form that the buyer or other transferee resides,understands that such person is acquiring a 856dangerous Sub.or vicious dog.

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

(E)(D)(1) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (B) to (D)division (A) of this section.

A violation of this division is a strict liability offense and section 2901.20 of the Revised Code does not apply.

(2) No seller or other transferor of a dog shall fail to comply with the requirements of division (B) or (C) of this section.

A violation of this division is a strict liability offense and section 2901.20 of the Revised Code does not apply.

(E)(1) Whoever violates division (D)(1) of this section is guilty of a minor misdemeanor.

(2) Whoever violates division (D)(2) of this section is guilty of a minor misdemeanor on a Sub.

247 Page136th 31G.A. As Passed by the House completed copy of a written form on which the seller shall 857 furnish the following information:

858first (1)offense Theand nameof anda addressmisdemeanor of the buyerfourth ordegree otheron transfereeeach 859subsequent ofoffense. the dog;

860(F) (2)Division The(C) age,of sex,this color,section breed,does andnot currentapply registrationto 861an numberanimal shelter for dogs with respect to a dog concerning which it transferred ownership or possession to another person if both of the dog.following apply:

862(1) InThe addition,animal theshelter sellerfor shalldogs answerdid thenot followinghave 863knowledge questions,and whichcould shallnot behave specificallyreasonably statedascertained onthat the formdog asis 864a follows:dangerous or vicious dog.

865(2) "HasBefore the dogtransfer everof chased or attempted to attack or bite a 866 person? If yes, describe the incident(s)dog, in which the behavioranimal 867shelter occurred."for 868dogs "Hasasked the dogfollowing everquestions bittenof a person? If yes, describe the 869dog's incident(s)previous inowner, whichkeeper, the behavior occurred." 870 "Has the dog ever seriously injured or killedharborer, aif person?such Ifperson 871is yes,known describeand theif incident(s) in which the behaviordog occurred."was 872not Theimpounded sellerunder orsection other959.132 transferor shall obtain the signature 873 of the buyerRevised orCode: other transferee after a statement on the form 874 that the buyer or other transferee understands that such person 875 is acquiring a dangerous or vicious dog.

876(a) The"Has the dog wardenever ofchased or attempted to attack or bite a person? If yes, describe the countyincident(s) in which the sellerbehavior residesoccurred." 877(b) shall"Has furnishthe dog ever bitten a person? If yes, describe the formincident(s) toin which the sellerbehavior atoccurred." no(c) cost."Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred." (d) "Has the dog previously been designated a nuisance, dangerous, or vicious dog? If yes, indicate the designation that was assigned, the date of designation, and in which county or city the designation was made." Sec.

878 (E)(D)(1) No seller or other transferor of a dog shall 879 fail to comply with the applicable requirements of divisions (B) 880 to (D)division (A) of this section.

A violation of this division 881 is a strict liability offense and section 2901.20 of the Revised 882 Code does not apply.

883 Sub.

H.

B.

No.

247 Page 32 As Passed by the House (2) No seller or other transferor of a dog shall fail to 884 comply with the requirements of division (B) or (C) of this 885 section.

A violation of this division is a strict liability 886 offense and section 2901.20 of the Revised Code does not apply.

887 (E)(1) Whoever violates division (D)(1) of this section is 888 guilty of a minor misdemeanor.

889 (2) Whoever violates division (D)(2) of this section is 890 guilty of a minor misdemeanor on a first offense and of a 891 misdemeanor of the fourth degree on each subsequent offense.

892 (F) Division (C) of this section does not apply to an 893 animal shelter with respect to a dog concerning which it 894 transferred ownership or possession to another person if both of 895 the following apply:

896 (1) The animal shelter did not have knowledge and could 897 not have reasonably ascertained that the dog is a dangerous or 898 vicious dog.

899 (2) Before the transfer of the dog, the animal shelter 900 checked any microchip implanted in the dog to ascertain the 901 dog's designation status and asked the following questions of 902 the dog's previous owner, keeper, or harborer, if such person is 903 known:

904 (a) "Has the dog ever chased or attempted to attack or 905 bite a person? If yes, describe the incident(s) in which the 906 behavior occurred." 907 (b) "Has the dog ever bitten a person? If yes, describe 908 the incident(s) in which the behavior occurred." 909 (c) "Has the dog ever seriously injured or killed a 910 person? If yes, describe the incident(s) in which the behavior 911 Sub.

H.

B.

No.

247 Page 33 As Passed by the House occurred." 912 As used in division (F) of this section, an "animal 913 shelter" means an animal shelter that is a nonprofit 914 organization that is exempt from federal income taxation under 915 subsection 501(a) and described in subsection 501(c)(3) of the 916 "Internal Revenue Code of 1986," 100 Stat.

2085, 26 U.S.C.

1.

917 Sec.

(A) Except as provided in section 955.121 of 918 Revised Code, a board of county commissioners shall appoint or 919 employ a county dog warden and deputies in such number, for such 920 periods of time, and at such compensation as the board considers 921 necessary to enforce sections 955.01 to 955.27 and 955.50 to 922 955.53 of the Revised Code.

923 (B) Except as otherwise provided in section 3.061 of the 924 Revised Code, the warden and deputies shall give bond in a sum 925 not less than five hundred dollars and not more than two 926 thousand dollars, as set by the board, conditioned for the 927 faithful performance of their duties.

The bond or bonds may, in 928 the discretion of the board, be individual or blanket bonds.

The 929 bonds shall be filed with the county auditor of their respective 930 counties.

931 (C) The warden and deputies shall make a record of all 932 dogs owned, kept, and harbored in their respective counties.

933 They shall patrol their respective counties and seize and 934 impound on sight all dogs found running at large and all dogs 935 more than three months of age found not wearing a valid 936 registration tag, except any dog that wears a valid registration 937 tag and is:

on the premises of its owner, keeper, or harborer, 938 under the reasonable control of its owner or some other person, 939 hunting with its owner or its handler at a field trial, kept 940 constantly confined in a dog kennel registered under this 941chapter Sub.or one licensed under Chapter 956.

of the Revised Code, or acquired by, and confined on the premises of, an institution or organization of the type described in section 955.16 of the Revised Code.

A dog that wears a valid registration tag may be seized on the premises of its owner, keeper, or harborer and impounded only in the event of a natural disaster.

(D) If a dog warden has reason to believe that a dog is being treated inhumanely on the Sub.

247 Page136th 34G.A. As Passed by the House chapter or one licensed under Chapter 956.

premises of theits Revisedowner, Code,keeper, 942 or acquiredharborer, by,the andwarden confinedshall onapply to the premisescourt of,of ancommon institutionpleas 943for orthe organizationcounty ofin which the typepremises describedare inlocated sectionfor 955.16an oforder to enter the 944premises, Revisedand Code.if necessary, seize the dog.

AIf dogthe court finds probable cause to believe that wearsthe adog validis registrationbeing tagtreated mayinhumanely, beit 945shall seizedissue onsuch thean premisesordernotify, ofin itswriting, owner,the keeper,humane society or harborerthe andappropriate 946law impoundedenforcement onlyauthority inthat thehas eventjurisdiction ofto aenforce naturalChapter disaster.959.

947 (D) If a dog warden has reason to believe that a dog is 948 being treated inhumanely on the premises of its owner, keeper, 949 or harborer, the wardenRevised shallCode. apply to the court of common pleas 950 for the county in which the premises are located for an order to 951 enter the premises, and if necessary, seize the dog.

If(E) theThe 952warden courtand findsdeputies probable cause to believe that the dog is being 953 treated inhumanely, it shall issuealso suchmake anweekly ordernotify,reports, in 954 writing, theto humane society or the appropriateboard lawin enforcementtheir 955respective authoritycounties thatof hasall jurisdictiondogs toseized, enforceimpounded, Chapterredeemed, 959.and destroyed.

of(F) The wardens and deputies shall have the 956same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Code.

957They (E)shall Thealso wardenhave andpower deputiesto shallsummon alsothe makeassistance weeklyof 958bystanders reports, in writing,performing totheir theduties boardand may serve writs and other legal processes issued by any court in their respective counties 959with ofreference allto dogsenforcing seized,those impounded,sections. redeemed, and destroyed.

960County (F)auditors Themay deputize the wardens andor deputies shallto haveissue thedog samelicenses police 961 powers as areprovided conferred upon sheriffs and police officers in the 962 performance of their duties as prescribed by sections 955.01 to 963 955.27 and 955.50955.14 to 955.53 of the Revised Code.

They(G) shallWhenever alsoany 964person havefiles poweran toaffidavit summonin thea assistancecourt of bystanderscompetent injurisdiction performingthat 965there theiris dutiesa anddog mayrunning serveat writslarge andthat otheris legalnot processeskept 966constantly issuedconfined byeither anyin courta indog theirkennel respectiveregistered countiesunder withthis referencechapter 967or toone enforcinglicensed thoseunder sections.Chapter 956.

Countyof auditorsthe mayRevised deputizeCode or on the 968premises wardensof an institution or deputiesorganization toof issuethe type described in section 955.16 of the Revised Code or that a dog licensesis askept providedor harbored in 969the sectionswarden's 955.01jurisdiction andwithout 955.14being ofregistered as required by law, the Revisedcourt Code.shall immediately order the warden to seize and impound the dog.

970Thereupon (G)the Wheneverwarden anyshall personimmediately filesseize anand affidavitimpound inthe adog courtcomplained ofof. 971 Sub.

H.The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law.

B.If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.

No.(H) No county dog warden shall knowingly fail to perform the warden's duties under this section.

247(I) PageWhoever 35violates Asdivision Passed(H) byof thethis Housesection competent jurisdiction that there is aguilty dogof running at large that 972 is not kept constantly confined either in a dogminor kennelmisdemeanor. 973 registered under this chapter or one licensed under Chapter 956.

974Sec. of the Revised Code or on the premises of an institution or 975 organization of the type described in section 955.16 of the 976 Revised Code or that a dog is kept or harbored in the warden's 977 jurisdiction without being registered as required by law, the 978 court shall immediately order the warden to seize and impound 979 the dog.

Thereupon the warden shall immediately seize and 980 impound the dog complained of.

The warden shall give immediate 981 notice by certified mail to the owner, keeper, or harborer of 982 the dog seized and impounded by the warden, if the owner, 983 keeper, or harborer can be determined from the current year's 984 registration list maintained by the warden and the county 985 auditor of the county where the dog is registered, that the dog 986 has been impounded and that, unless the dog is redeemed within 987 fourteen days of the date of the notice, it may thereafter be 988 sold or destroyed according to law.

If the owner, keeper, or 989 harborer cannot be determined from the current year's 990 registration list maintained by the warden and the county 991 auditor of the county where the dog is registered, the officer 992 shall post a notice in the pound or animal shelter both 993 describing the dog and place where seized and advising the 994 unknown owner that, unless the dog is redeemed within three 995 days, it may thereafter be sold or destroyed according to law.

996 (H) No county dog warden shall knowingly fail to perform 997 the warden's duties under this section.

998 (I) Whoever violates division (H) of this section is 999 guilty of a minor misdemeanor.

1000 Sec.

(A)(1) In lieu of appointing a county dog 1001warden Sub.and deputies under section 955.12 of the Revised Code, a board of county commissioners may appoint the county sheriff to enforce sections 955.01 to 955.27 and 955.50 to 955.53 of the Revised Code.

If a board chooses to appoint the county sheriff as the county dog warden, the board shall enter into a two-year written agreement with the sheriff for that purpose at the first meeting in a calendar year following a general Sub.

247 Page136th 36G.A. As Passed by the House warden and deputies under section 955.12 of the Revised Code, a 1002 board of county commissioners may appoint the county sheriff to 1003 enforce sections 955.01 to 955.27 and 955.50 to 955.53 of the 1004 Revised Code.