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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 240
2025-2026
Representatives Lawson-Rowe, Thomas,
C.
To
amend sections 955.11, 955.22, 955.222, 955.54, 955.99
,
and 956.99
and to enact sections 955.13
,
955.60
,
and 956.25
of the Revised Code
to
make changes to the laws governing dogs and other companion animals
and to name this act Avery's Law.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 955.11, 955.22, 955.222, 955.54, 955.99
,
and 956.99
be amended and sections 955.13
,
955.60
,
and 956.25
of the Revised Code be enacted to read as follows:
Sec.
955.11.
(A)
As used in this section:
(1)(a)
"Dangerous dog" means a dog that, without provocation, and
subject to division (A)(1)(b) of this section, has done any of the
following:
(i)
Caused injury, other than killing or serious injury, to any person;
(ii)
Killed
another dog
Caused
injury or serious injury, other than killing, to any companion
animal
;
(iii)
Been the subject of a third or subsequent violation of division (C)
of section 955.22 of the Revised Code.
(b)
"Dangerous dog" does not include a police dog that has
caused injury, other than killing or serious injury, to any person or
has
killed
another dog
caused
serious injury or injury to any companion animal
while
the police dog is being used to assist one or more law enforcement
officers in the performance of their official duties.
(2)
"Menacing fashion" means that a dog would cause any person
being chased or approached to reasonably believe that the dog will
cause physical injury to that person.
(3)(a)
Subject to division (A)(3)(b) of this section, "nuisance dog"
means a dog that without provocation and while off the premises of
its owner, keeper, or harborer has chased or approached a person in
either a menacing fashion or an apparent attitude of attack or has
attempted to bite or otherwise endanger any person.
(b)
"Nuisance dog" does not include a police dog that while
being used to assist one or more law enforcement officers in the
performance of official duties has chased or approached a person in
either a menacing fashion or an apparent attitude of attack or has
attempted to bite or otherwise endanger any person.
(4)
"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.
(5)
"Serious injury" means any of the following:
(a)
Any physical harm that carries a substantial risk of death;
(b)
Any physical harm that involves a permanent incapacity, whether
partial or total, or a temporary, substantial incapacity;
(c)
Any physical harm that involves a permanent disfigurement or a
temporary, serious disfigurement;
(d)
Any physical harm that involves acute pain of a duration that results
in substantial suffering or any degree of prolonged or 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
or has killed a companion animal
.
(b)
"Vicious dog" does not include either of the following:
(i)
A police dog that has killed or caused serious injury to any person
or
has killed a companion animal
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
either
of the following, as applicable:
(a)
If
a
dog
killed
or caused serious injury to any person, the dog
was
not teased, tormented, or abused by
a
the
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)
If a dog killed a companion animal, the dog was not attacked by the
companion animal
.
(8)
"Companion animal" has the same meaning as in section
959.131 of the Revised Code.
(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
recorded by the auditor upon presentation of a transfer of ownership
certificate that is signed by the former owner of a dog and that is
accompanied by a fee of five dollars.
(C)
Prior to the transfer of ownership or possession of any dog, upon the
buyer's or other transferee's request, the seller or other transferor
of the dog shall give to the person a written notice relative to the
behavior and propensities of the dog.
(D)
Within ten days after the transfer of ownership or possession of any
dog, if the seller or other transferor of the dog has knowledge that
the dog is a dangerous dog, the seller or other transferor shall give
to the buyer or other transferee, the board of health for the
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 completed copy of a written form on which the seller shall furnish
the following information:
(1)
The name and address of the buyer or other transferee of the dog;
(2)
The age, sex, color, breed, and current registration number of the
dog.
In
addition, the seller shall answer the following questions, which
shall be specifically stated on the form as follows:
"Has
the dog ever chased or attempted to attack or bite a person? If yes,
describe the incident(s) in which the behavior occurred."
"Has
the dog ever bitten a person? If yes, describe the incident(s) in
which the behavior occurred."
"Has
the dog ever seriously injured or killed a person? If yes, describe
the incident(s) in which the behavior occurred."
The
dog warden of the county in which the seller resides shall furnish
the form to the seller at no cost.
(E)
No seller or other transferor of a dog shall fail to comply with the
applicable requirements of divisions (B) to (D) of this section.
Sec.
955.13.
(A)(1)
If a health care provider or a licensed veterinarian has knowledge of
a person being bitten or injured as a result of an attack by a dog or
other non-human mammal, the provider or veterinarian shall report the
bite or injury, not later than twenty-four hours after obtaining such
knowledge, to the health commissioner of the health district in which
the bite occurred.
(2)
If a dog or other non-human mammal bites or injures a person and the
owner of such dog or non-human mammal has knowledge of the bite or
injury, the owner shall report the bite or injury, not later than
twenty-four hours after obtaining such knowledge, to the health
commissioner of the health district in which the bite occurred.
(3)
A person who is bitten or injured as a result of an attack by a dog
or other non-human mammal may report the bite or injury to the health
commissioner of the health district in which the bite occurred.
(B)
A city or general health district board of health shall annually
submit a report regarding non-human mammalian bites and injuries
occurring in its district to the department of health not later than
the first day of March of each year. The report shall include
information about the bites and injuries that occurred in the
previous calendar year.
Sec.
955.22.
(A)
As used in this section, "dangerous dog" has the same
meaning as in section 955.11 of the Revised Code.
(B)
No owner, keeper, or harborer of any female dog shall permit it to go
beyond the premises of the owner, keeper, or harborer at any time the
dog is in heat unless the dog is properly in leash.
(C)
Except when a dog is lawfully engaged in hunting and accompanied by
the owner, keeper, harborer, or handler of the dog, no owner, keeper,
or harborer of any dog shall fail at any time to do either of the
following:
(1)
Keep the dog physically confined or restrained
upon
the premises of the owner, keeper, or harborer
by
a leash, tether, adequate fence,
adequate
supervision,
or secure enclosure to prevent escape
;
(2)
Keep the dog under the reasonable control of some person.
(D)
Except when a dangerous dog is lawfully engaged in hunting or
training for the purpose of hunting and is accompanied by the owner,
keeper, harborer, or handler of the dog, no owner, keeper, or
harborer of a dangerous dog shall fail to do either of the following:
(1)
While that dog is on the premises of the owner, keeper, or harborer,
securely confine it at all times in
a
either
of the following:
(a)
A
locked
pen that has a top
,
or other locked enclosure that has a top;
(b)
A
locked fenced yard
,
or other locked enclosure that has a top;
so long as the dog is on a chain-link leash or tether that is not
more than six feet in length.
(2)
While that dog is off the premises of the owner, keeper, or harborer,
keep that dog on a chain-link leash or tether that is not more than
six feet in length and additionally do at least one of the following:
(a)
Keep that dog in a locked pen that has a top, locked fenced yard, or
other locked enclosure that has a top;
(b)
Have the leash or tether controlled by a person who is of suitable
age and discretion or securely attach, tie, or affix the leash or
tether to the ground or a stationary object or fixture so that the
dog is adequately restrained and station such a person in close
enough proximity to that dog so as to prevent it from causing injury
to any person;
(c)
Muzzle that dog.
(E)
No person who has been convicted of or pleaded guilty to three or
more violations of division (C) of this section involving the same
dog and no owner, keeper, or harborer of a dangerous dog shall fail
to do the following:
(1)
Obtain liability insurance with an insurer authorized to write
liability insurance in this state providing
at
least one hundred thousand dollars of
coverage
in each occurrence because of damage or bodily injury to or death of
a person caused by the dangerous dog if so ordered by a court and
provide proof of that liability insurance upon request to any law
enforcement officer, county dog warden, or public health official
charged with enforcing this section;
(2)
Obtain a dangerous dog registration certificate from the county
auditor pursuant to division (I) of this section, affix a tag that
identifies the dog as a dangerous dog to the dog's collar, and ensure
that the dog wears the collar and tag at all times;
(3)
Notify the local dog warden immediately if any of the following
occurs:
(a)
The dog is loose or unconfined.
(b)
The dog bites a person, unless the dog is on the property of the
owner of the dog, and the person who is bitten is unlawfully
trespassing or committing a criminal act within the boundaries of
that property.
(c)
The dog attacks another animal while the dog is off the property of
the owner of the dog.
(4)
If the dog is sold, given to another person, or dies, notify the
county auditor within ten days of the sale, transfer, or death.
(F)
No person shall do any of the following:
(1)
Debark or surgically silence a dog that the person knows or has
reason to believe is a dangerous dog;
(2)
Possess a dangerous dog if the person knows or has reason to believe
that the dog has been debarked or surgically silenced;
(3)
Falsely attest on a waiver form provided by the veterinarian under
division (G) of this section that the person's dog is not a dangerous
dog or otherwise provide false information on that written waiver
form.
(G)
Before a veterinarian debarks or surgically silences a dog, the
veterinarian may give the owner of the dog a written waiver form that
attests that the dog is not a dangerous dog. The written waiver form
shall include all of the following:
(1)
The veterinarian's license number and current business address;
(2)
The number of the license of the dog if the dog is licensed;
(3)
A reasonable description of the age, coloring, and gender of the dog
as well as any notable markings on the dog;
(4)
The signature of the owner of the dog attesting that the owner's dog
is not a dangerous dog;
(5)
A statement that division (F) of section 955.22 of the Revised Code
prohibits any person from doing any of the following:
(a)
Debarking or surgically silencing a dog that the person knows or has
reason to believe is a dangerous dog;
(b)
Possessing a dangerous dog if the person knows or has reason to
believe that the dog has been debarked or surgically silenced;
(c)
Falsely attesting on a waiver form provided by the veterinarian under
division (G) of section 955.22 of the Revised Code that the person's
dog is not a dangerous dog or otherwise provide false information on
that written waiver form.
(H)
It is an affirmative defense to a charge of a violation of division
(F) of this section that the veterinarian who is charged with the
violation obtained, prior to debarking or surgically silencing the
dog, a written waiver form that complies with division (G) of this
section and that attests that the dog is not a dangerous dog.
(I)(1)
The county auditor shall issue a dangerous dog registration
certificate to a person who is the owner of a dog, who is eighteen
years of age or older, and who provides the following to the county
auditor:
(a)
A fee of fifty dollars;
(b)
The person's address, phone number, and other appropriate means for
the local dog warden or county auditor to contact the person;
(c)
With respect to the person and the dog for which the registration is
sought, 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)
Upon the issuance of a dangerous dog registration certificate to the
owner of a dog, the county auditor shall provide the owner with a
uniformly designed tag that identifies the animal as a dangerous dog.
The owner shall renew the certificate annually for the same fee and
in the same manner as the initial certificate was obtained. If a
certificate holder relocates to a new county, the certificate holder
shall follow the procedure in division (I)(3)(b) of this section and,
upon the expiration of the certificate issued in the original county,
shall renew the certificate in the new county.
(3)(a)
If the owner of a dangerous dog for whom a registration certificate
has previously been obtained relocates to a new address within the
same county, the owner shall provide notice of the new address to the
county auditor within ten days of relocating to the new address.
(b)
If the owner of a dangerous dog for whom a registration certificate
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:
(i)
Provide written notice of the new address and a copy of the original
dangerous dog registration certificate to the county auditor of the
new county;
(ii)
Provide written notice of the new address to the county auditor of
the county where the owner previously resided.
(4)
The owner of a dangerous dog shall present the dangerous dog
registration certificate upon being requested to do so by any law
enforcement officer, dog warden, or public health official charged
with enforcing this section.
(5)
The fees collected pursuant to this division shall be deposited in
the dog and kennel fund of the county.
Sec.
955.222.
(A)
The municipal court or county court that has territorial jurisdiction
over the residence of the owner, keeper, or harborer of a dog shall
conduct any hearing concerning the designation of the dog as a
nuisance dog, dangerous dog, or vicious dog.
(B)
If a person who is authorized to enforce this chapter has reasonable
cause to believe that a dog in the person's jurisdiction is a
nuisance dog, dangerous dog, or vicious dog, the person shall notify
the owner, keeper, or harborer of that dog, by certified mail or in
person, of both of the following:
(1)
That the person has designated the dog a nuisance dog, dangerous dog,
or vicious dog, as applicable;
(2)
That the owner, keeper, or harborer of the dog may request a hearing
regarding the designation in accordance with this section. The notice
shall include instructions for filing a request for a hearing in the
county in which the dog's owner, keeper, or harborer resides.
(C)
If the owner, keeper, or harborer of the dog disagrees with the
designation of the dog as a nuisance dog, dangerous dog, or vicious
dog, as applicable, the owner, keeper, or harborer, not later than
ten days after receiving notification of the designation, may request
a hearing regarding the determination. The request for a hearing
shall be in writing and shall be filed with the municipal court or
county court that has territorial jurisdiction over the residence of
the dog's owner, keeper, or harborer. At the hearing, the person who
designated the dog as a nuisance dog, dangerous dog, or vicious dog
has the burden of proving, by clear and convincing evidence, that the
dog is a nuisance dog, dangerous dog, or vicious dog.
The
owner, keeper, or harborer of the dog or the person who designated
the dog as a nuisance dog, dangerous dog, or vicious dog may appeal
the court's final determination as in any other case filed in that
court.
(D)
A court, upon motion of an owner, keeper, or harborer or an attorney
representing the owner, keeper, or harborer, may order that the dog
designated as a nuisance dog, dangerous dog, or vicious dog be held
in the possession of the owner, keeper, or harborer until the court
makes a final determination under this section or during the pendency
of an appeal, as applicable. Until the court makes a final
determination and during the pendency of any appeal, the dog shall be
confined or restrained in accordance with the provisions of division
(D) of section 955.22 of the Revised Code that apply to dangerous
dogs regardless of whether the dog has been designated as a vicious
dog or a nuisance dog rather than a dangerous dog. The owner, keeper,
or harborer of the dog shall not be required to comply with any other
requirements established in the Revised Code that concern a nuisance
dog, dangerous dog, or vicious dog, as applicable, until the court
makes a final determination and during the pendency of any appeal.
(E)
If a dog is finally determined under this section, or on appeal as
described in this section, to be a vicious dog, division (D) of
section 955.11 and divisions (D) to (I) of section 955.22 of the
Revised Code apply with respect to the dog and the owner, keeper, or
harborer of the dog as if the dog were a dangerous dog, and section
955.54 of the Revised Code applies with respect to the dog as if it
were a dangerous dog, and the court shall issue an order that
specifies that those provisions apply with respect to the dog and the
owner, keeper, or harborer in that manner. As part of the order, the
court shall require the owner, keeper, or harborer to obtain the
liability insurance required under division (E)(1) of section 955.22
of the Revised Code in an amount described in division
(H)(2)
(M)(2)
of section 955.99 of the Revised Code.
(F)
As used in this section, "nuisance dog," "dangerous
dog," and "vicious dog" have the same meanings as in
section 955.11 of the Revised Code.
Sec.
955.54.
(A)
No person who is convicted of or pleads guilty to a felony offense of
violence committed on or after
the
effective date of this section or
May
22, 2012,
a
felony violation of any provision of Chapter 959., 2923., or 2925. of
the Revised Code committed on or after
the
effective date of this section
May 22, 2012, or a violation of division (B) of section 2919.22 of
the Revised Code committed on or after the effective date of this
amendment
shall knowingly own, possess, have custody of, or reside in a
residence with either of the following for a period of
three
five
years
commencing either upon the date of release of the person from any
period of incarceration imposed for the offense or violation or, if
the person is not incarcerated for the offense or violation, upon the
date of the person's final release from the other sanctions imposed
for the offense or violation:
(1)
An unspayed or unneutered dog older than twelve weeks of age;
(2)
Any dog that has been determined to be a dangerous dog under
Chapter 955. of the Revised Code
this chapter
.
(B)
A
No
person
described in division (A) of this section shall
fail
to
microchip
for permanent identification any dog owned, possessed by, or in the
custody of the person.
(C)(1)
Division (A) of this section does not apply to any person who is
confined in a correctional institution of the department of
rehabilitation and correction.
(2)
Division (A) of this section does not apply to any person with
respect to any dog that the person owned, possessed, had custody of,
or resided in a residence with prior to
the effective date of this section
May 22, 2012, or, with regard to a violation of division (B) of
section 2919.22 of the Revised Code, prior to the effective date of
this amendment
.
Sec.
955.60.
(A)
Any person authorized to enforce this chapter shall investigate any
complaint that indicates a possible violation of any provision of
this chapter involving a dog.
(B)
If, after investigating an alleged violation of this chapter under
division (A) of this section, an authorized person does not cite a
person for or charge a person with a violation, the authorized person
shall notify, in accordance with division (C) of this section, the
owner, keeper, or harborer of the dog that there has been a complaint
regarding the dog and that the authorized person investigated a
possible violation. The notice shall specify all of the following:
(1)
A citation to the applicable provision or provisions of law at issue;
(2)
Contact information for the authorized person;
(3)
A requirement that the owner, keeper, or harborer of the dog respond
to the authorized person indicating that the owner, keeper, or
harborer has received the notice.
(C)
The authorized person shall post the notice on the door of the
dwelling at which the dog resides within twenty-four hours of the
authorized person's investigation. The owner, keeper, or harborer of
the dog shall respond within forty-eight hours to the authorized
person via electronic mail, facsimile, telephone, or social media
correspondence, indicating that the owner, keeper, or harborer has
received the notice or within a reasonable time after the
forty-eight-hour period, provided that the response is accompanied
with a reasonable explanation of why the forty-eight-hour response
deadline was not met.
Sec.
955.99.
(A)(1)
Whoever violates division (E) of section 955.11 of the Revised Code
because of a failure to comply with division (B) of that section is
guilty of a minor misdemeanor.
(2)
Whoever violates division (E) of section 955.11 of the Revised Code
because of a failure to comply with division (C) or (D) of that
section is guilty of a minor misdemeanor on a first offense and of a
misdemeanor of the fourth degree on each subsequent offense.
(B)
Whoever violates section 955.10, 955.23, 955.24, or 955.25 of the
Revised Code is guilty of a minor misdemeanor.
(C)
Whoever violates section 955.261, 955.39, or 955.50 of the Revised
Code is guilty of a minor misdemeanor on a first offense and of a
misdemeanor of the fourth degree on each subsequent offense.
(D)
Whoever violates division (F) of section 955.16 or division (B) of
section 955.43 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(E)(1)
Whoever violates section 955.21 of the Revised Code
,
violates
or
division
(B) of section 955.22 of the Revised Code
,
or commits a violation of division (C) of section 955.22 of the
Revised Code that involves a dog that is not a nuisance dog,
dangerous dog, or vicious dog
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)
In addition to the penalties prescribed in division (E)(1) of this
section, if the offender is guilty of a violation of division (B) of
section 955.22 of the Revised Code
or a violation of division (C) of section 955.22 of the Revised Code
that involves a dog that is not a nuisance dog, dangerous dog, or
vicious dog
,
the court may order the offender to personally supervise the dog that
the offender owns, keeps, or harbors, to cause that dog to complete
dog obedience training, or to do both.
(F)(1)
Whoever
commits a violation of
Except
as provided in division (G), (H), (I), (J), (K), or (L) of this
section, whoever violates division (C) of section 955.22 of the
Revised Code shall be fined not less than twenty-five dollars nor
more than one hundred dollars on a first offense, and on each
subsequent offense shall be fined not less than seventy-five dollars
nor more than two hundred fifty dollars and may be imprisoned for not
more than thirty days. On a third offense involving the same dog, the
court shall require the offender to register the dog as a dangerous
dog.
(2)
In addition to the penalties prescribed in division (F)(1) of this
section, the court may order the offender to personally supervise the
dog that was the subject of the offense, to cause that dog to
complete dog obedience training, or to do both.
(G)(1)
Except as provided in division (H), (I), (J), (K), or (L) of this
section, whoever violates
division
(C) of section 955.22 of the Revised Code that involves a nuisance
dog is guilty of a minor misdemeanor on the first offense and of a
misdemeanor of the
fourth
second
degree
on each subsequent offense involving the same dog.
Upon
a person being convicted of or pleading guilty to a third violation
of division (C) of section 955.22 of the Revised Code involving the
same dog, the court shall require the offender to register the
involved dog as a dangerous dog.
(2)
In addition to the penalties prescribed in division
(F)(1)
(G)(1)
of this section,
if
a violation of division (C) of section 955.22 of the Revised Code
involves a nuisance dog,
the
court may order the offender to personally supervise the nuisance dog
that
the
offender owns, keeps, or harbors
was
the subject of the offense
,
to cause that dog to complete dog obedience training, or to do both.
(G)
Whoever
commits a violation of
(H)(1)
Except as provided in division (I), (J), (K), or (L) of this section,
whoever violates
division
(C) of section 955.22 of the Revised Code that involves a dangerous
dog
or a vicious dog
or a violation of division (D) of that section is guilty of a
misdemeanor of the
fourth
second
degree
on a first offense and of a misdemeanor of the
third
first
degree
on each subsequent offense.
Additionally
(2)
In addition to the penalties prescribed in division (H)(1) of this
section
,
the court may order the offender to personally supervise the
dangerous
or
vicious
dog
that
the
offender owns, keeps, or harbors
was
the subject of the offense
,
to cause that dog to complete dog obedience training, or to do both,
and the court may order the offender to obtain liability insurance
pursuant to division (E) of section 955.22 of the Revised Code. The
court, in the alternative, may order the dangerous
or vicious
dog to be humanely destroyed by a licensed veterinarian, the county
dog warden, or the county humane society at the owner's expense.
With respect to a violation of division (C) of section 955.22 of the
Revised Code that involves a dangerous dog, until the court makes a
final determination and during the pendency of any appeal of a
violation of that division and at the discretion of the dog warden,
the dog shall be confined or restrained in accordance with division
(D) of section 955.22 of the Revised Code or at the county dog pound
at the owner's expense.
(H)(1)
Whoever commits a violation of
(I)
Except as provided in division (J), (K), or (L) of this section,
whoever violates division (C) of section 955.22 of the Revised Code
is guilty of a misdemeanor of the first degree if the dog that is the
subject of the offense causes injury, other than death or serious
injury, to a person or causes injury, serious injury, or death to a
companion animal. Additionally, the court may order the dog to be
humanely destroyed by a licensed veterinarian, the county dog warden,
or the county humane society at the owner's expense.
(J)
Except as provided in division (K) or (L) of this section, whoever
violates division (C) of section 955.22 of the Revised Code is guilty
of a felony of the fifth degree if the dog that is the subject of the
offense causes injury, other than death or serious injury, to a
person or causes injury, serious injury, or death to a companion
animal and the offender has previously pleaded guilty to or has been
convicted of a violation of division (C) of section 955.22 of the
Revised Code involving the same dog that previously injured,
seriously injured, or killed a person, or seriously injured or killed
a companion animal. Additionally, the court may order the dog to be
humanely destroyed by a licensed veterinarian, the county dog warden,
or the county humane society at the owner's expense.
(K)
Except as provided in division (L) of this section, whoever violates
division
(C) of section 955.22 of the Revised Code
that
involves a vicious dog
is
guilty of
one
of the following:
(a)
A
a
felony
of the
fourth
fifth
degree
if the dog kills
or causes serious injury to
a person.
Additionally, the court may order that the dog be humanely destroyed
by a licensed veterinarian, the county dog warden, or the county
humane society at the owner's expense.
(L)
Whoever violates division (C) of section 955.22 of the Revised Code
is guilty of a felony of the fourth degree if the dog that is the
subject of the offense kills or causes serious injury to a person and
the offender has previously pleaded guilty to or has been convicted
of a violation of division (C) of section 955.22 of the Revised Code
involving the same dog that previously injured, seriously injured, or
killed a person or seriously injured or killed a companion animal.
Additionally,
the court shall order that the
vicious
dog
be humanely destroyed by a licensed veterinarian, the county dog
warden, or the county humane society at the owner's expense.
(b)
A misdemeanor of the first degree if the dog causes serious injury to
a person. Additionally, the court may order the vicious dog to be
humanely destroyed by a licensed veterinarian, the county dog warden,
or the county humane society at the owner's expense.
(2)
(M)(1)
With respect to a violation of division (C) of section 955.22 of the
Revised Code for which penalties are imposed under divisions (H) to
(L) of this section, until the court makes a final determination and
during the pendency of any appeal of a violation of that division and
at the discretion of the dog warden, the dog shall be confined or
restrained in accordance with division (D) of section 955.22 of the
Revised Code or at the county dog pound at the owner's expense.
(2)
If the court does not order the
vicious
dog
to be destroyed under division
(H)(1)(b)
(I),
(J), or (K)
of this section, the court shall issue an order that specifies that
division (D) of section 955.11 and divisions (D) to (I) of section
955.22 of the Revised Code apply with respect to the dog and the
owner, keeper, or harborer of the dog as if the dog were a dangerous
dog and that section 955.54 of the Revised Code applies with respect
to the dog as if it were a dangerous dog. As part of the order, the
court shall order the offender to obtain the liability insurance
required under division (E)(1) of section 955.22 of the Revised Code
in an amount, exclusive of interest and costs, that equals or exceeds
one hundred thousand dollars.
Until
the court makes a final determination and during the pendency of any
appeal of a violation of division (C) of section 955.22 of the
Revised Code and at the discretion of the dog warden, the dog shall
be confined or restrained in accordance with the provisions described
in division (D) of section 955.22 of the Revised Code or at the
county dog pound at the owner's expense.
(I)
(N)
Whoever violates division (A)(2) of section 955.01 of the Revised
Code is guilty of a misdemeanor of the first degree.
(J)
(O)
Whoever violates division (E)(2) of section 955.22 of the Revised
Code is guilty of a misdemeanor of the fourth degree.
(K)
(P)
Whoever violates division (C) of section 955.221 of the Revised Code
is guilty of a minor misdemeanor. Each day of continued violation
constitutes a separate offense. Fines levied and collected for
violations of that division shall be distributed by the mayor or
clerk of the municipal or county court in accordance with section
733.40, division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code to the treasury of the county, township,
or municipal corporation whose resolution or ordinance was violated.
(L)
(Q)
Whoever violates division (F)(1), (2), or (3) of section 955.22 of
the Revised Code is guilty of a felony of the fourth degree.
Additionally, the court shall order that the dog involved in the
violation be humanely destroyed by a licensed veterinarian, the
county dog warden, or the county humane society. Until the court
makes a final determination and during the pendency of any appeal of
a violation of division (F)(1), (2), or (3) of section 955.22 of the
Revised Code and at the discretion of the dog warden, the dog shall
be confined or restrained in accordance with the provisions of
division (D) of section 955.22 of the Revised Code or at the county
dog pound at the owner's expense.
(M)
(R)
Whoever violates division (E)(1), (3), or (4) of section 955.22 of
the Revised Code is guilty of a minor misdemeanor.
(N)
(S)
Whoever violates division (I)(4) of section 955.22 of the Revised
Code is guilty of a minor misdemeanor.
(O)
(T)
Whoever violates division (A) or (B) of section 955.54 of the Revised
Code is guilty of a misdemeanor of the first degree.
(P)(1)
(U)(1)
If a dog is confined at the county dog pound pursuant to
division
(G),
divisions
(H)
,
or (L)
to (L) or (Q)
of this section, the county dog warden shall give written notice of
the confinement to the owner of the dog. If the county dog warden is
unable to give the notice to the owner of the dog, the county dog
warden shall post the notice on the door of the residence of the
owner of the dog or in another conspicuous place on the premises at
which the dog was seized. The notice shall include a statement that a
security in the amount of one hundred dollars is due to the county
dog warden within ten days to secure payment of all reasonable
expenses, including medical care and boarding of the dog for sixty
days, expected to be incurred by the county dog pound in caring for
the dog pending the determination. The county dog warden may draw
from the security any actual costs incurred in caring for the dog.
(2)
If the person ordered to post security under division
(P)(1)
(U)(1)
of this section does not do so within ten days of the confinement of
the animal, the dog is forfeited, and the county dog warden may
determine the disposition of the dog unless the court issues an order
that specifies otherwise.
(3)
Not more than ten days after the court makes a final determination
under
division
(G),
divisions
(H)
,
or (L)
to (L) or (Q)
of this section, the county dog warden shall provide the owner of the
dog with the actual cost of the confinement of the dog. If the county
dog warden finds that the security provided under division (P)(1) of
this section is less than the actual cost of confinement of the dog,
the owner shall remit the difference between the security provided
and the actual cost to the county dog warden within thirty days after
the court's determination. If the county dog warden finds that the
security provided under division (P)(1) of this section is greater
than that actual cost, the county dog warden shall remit the
difference between the security provided and the actual cost to the
owner within thirty days after the court's determination.
(Q)
(V)
As used in this section, "nuisance dog," "dangerous
dog," and "vicious dog" have the same meanings as in
section 955.11 of the Revised Code.
Sec.
956.25.
(A)
As used in this section, companion animal has the same meaning as in
section 959.131 of the Revised Code.
(B)
No person shall knowingly breed a companion animal for commercial
purposes in an area that is zoned residential.
(C)
Division (B) of this section does not apply to either of the
following:
(1)
A person that breeds a companion animal in a recreational manner and
does not profit from the breeding activity;
(2)
The unintentional or accidental breeding of a companion animal.
Sec.
956.99.
(A)
Whoever violates section 956.25 of the Revised Code is guilty of a
minor misdemeanor on a first offense and a misdemeanor of the fourth
degree on each subsequent offense.
(B)
Whoever
violates division (A), (B), or (C) of section 956.051 of the Revised
Code, division (A), (B), or (C) of section 956.20 of the Revised
Code, or division (E) of section 956.21 of the Revised Code is guilty
of a misdemeanor of the fourth degree.
Section
2.
That
existing sections 955.11, 955.22, 955.222, 955.54, 955.99
,
and 956.99
of the Revised Code are hereby repealed.
Section
3.
This
act shall be known as Avery's Law.