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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 676
2025-2026
Representatives Thomas, D., Creech
Cosponsor: Representative Newman
To
amend sections 955.01, 955.024, and 955.11 and to enact sections
305.87, 955.025, 955.111, and 955.25 of the Revised Code
to
establish regulations regarding wolfdog hybrids and to allow a board
of county commissioners to abate certain animal nuisances.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 955.01, 955.024, and 955.11 be amended and sections 305.87,
955.025, 955.111, and 955.25 of the Revised Code be enacted to read
as follows:
Sec.
305.87.
(A)
As used in this section, "animal" means an animal that is
legally seized or disposed of and such seizure or disposal is or
becomes the financial responsibility of a board of county
commissioners.
(B)
A board of county commissioners may provide for the abatement,
control, or removal of one or more animals from land in the county if
the board determines that the maintenance of or lack of care of the
animal constitutes a nuisance. The board may employ the necessary
labor, materials, and equipment to perform such action.
(C)
A board of county commissioners may recoup the costs incurred by the
board in performing actions under division (B) of this section from
the owner of land upon which the animal or animals were primarily
kept in accordance with the process prescribed in division (D) of
this section.
(D)(1)
Except as provided in division (D)(2) of this section, at least seven
days before providing for the abatement, control, or removal of any
animal, the board of county commissioners shall notify the landowner
and any holders of liens of record upon the property of both of the
following:
(a)
That the owner is ordered to abate, control, or remove the animal or
animals because the maintenance or care of the animal or animals have
been determined by the board to be a nuisance.
(b)
If the animal or animals are not abated, controlled, or removed, or
if provision for abatement, control, or removal is not made, within
seven days, that the board shall provide for such abatement, control,
or removal, and that any costs incurred by the board in performing
that task shall be entered upon the tax list and become a lien upon
the land upon which the animal or animals were kept from the date of
entry.
(2)
If the board of county commissioners provide for or are financially
responsible for the abatement, control, or removal of an animal or
animals and such action was done in an emergency situation, the board
shall so notify the owner of the land upon which the animal or
animals were kept and any holders of liens of record upon the land of
the abatement, control, or removal and that the costs incurred by the
board in performing that action shall be entered upon the tax list
and become a lien upon the land from the date of entry.
(E)
The board shall send the notice to the owner of the land by certified
mail if the owner is a resident of the county or is a nonresident
whose address is known, and by certified mail to lienholders of
record; alternatively, if the owner is a resident of the county or is
a nonresident whose address is known, the board may give notice to
the owner by causing any of its agents or employees to post the
notice on the principal structure on the land and to photograph that
posted notice with a camera capable of recording the date of the
photograph on it. If the owner's address is unknown and cannot
reasonably be obtained, it is sufficient to publish the notice once
using at least one of the following methods:
(1)
In the print or digital edition of a newspaper of general circulation
in the county;
(2)
On the official public notice web site established under section
125.182 of the Revised Code;
(3)
On the web site and social media account of the county.
(F)
All costs incurred as authorized under this section shall be paid out
of the county general fund from money not otherwise appropriated,
except that if the costs incurred exceed five hundred dollars, the
board may borrow money from a financial institution to pay for the
costs in whole or in part.
(G)
If a board of county commissioners proceeds under division (D) of
this section, the board shall make a written report to the applicable
county auditor of the board's action under this section. The board
shall include in the report a legal description of the premises and a
statement of all costs incurred in providing for the abatement,
control, or removal of any animals as provided in this section,
including the board's charges for its services, the costs incurred in
providing notice, any fees or interest paid to borrow money, and the
amount paid for labor, materials, and equipment. The county auditor
shall place the costs upon the tax list. The costs are a lien upon
the land from and after the date of the entry and shall be collected
in the same manner as taxes on real property. The county treasurer
shall provide for payment of any collected costs to the general fund
of the county that filed the report under this division.
Sec.
955.01.
As
used in this chapter:
(A)
"Vicious dog" means a dog that has been designated as such
in accordance with section 955.23 of the Revised Code or a dog that
has previously engaged in a vicious dog act when evidence of such
engagement is presented to a court and the court determines that the
dog has engaged in a previous vicious dog act.
(B)
"Dangerous dog" means a dog that has been designated as
such in accordance with section 955.23 of the Revised Code or a dog
that has previously engaged in a dangerous dog act when evidence of
such engagement is presented to a court and the court determines that
the dog has engaged in a previous dangerous dog act.
(C)
"Nuisance dog" means a dog that has been designated as such
in accordance with section 955.23 of the Revised Code or a dog that
has previously engaged in a nuisance dog act when evidence of such
engagement is presented to a court and the court determines that the
dog has engaged in a previous nuisance dog act.
(D)
"Nuisance dog act," "dangerous dog act," and
"vicious dog act" have the same meanings as in section
955.22 of the Revised Code.
(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. of the Revised Code.
(G)
"First generation wolfdog" means the offspring of the
reproduction between a wolf with a domestic dog.
(H)(1)
"Wolfdog hybrid" means any of the following:
(a)
A first generation wolfdog;
(b)
The offspring of the reproduction between any of the following:
(i)
A first generation wolfdog with a wolf;
(ii)
A first generation wolfdog with a domestic dog;
(iii)
A first generation wolfdog with a first generation wolfdog.
(c)
An animal that is advertised or otherwise described or represented as
a wolfdog hybrid by its owner.
(2)
For purposes of this chapter, references to a "dog" include
a "wolfdog hybrid."
Sec.
955.024.
(A)
Whenever
a county auditor registers a dangerous 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.
(B)
Whenever a county auditor registers a wolfdog hybrid or receives a
notification regarding an address change from an owner, keeper, or
harborer of a wolfdog hybrid, the county auditor shall notify in
writing the applicable county dog warden of such registration or
address change.
Sec.
955.025.
(A)(1)
In addition to obtaining a dog registration in accordance with
division (A) of section 955.02 of the Revised Code, every person who
is the owner, keeper, or harborer of a wolfdog hybrid shall apply for
a wolfdog hybrid registration to the county auditor and submit all of
the following to the county auditor:
(a)
A fee of one hundred dollars;
(b)
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 wolfdog hybrid for which the
wolfdog hybrid registration is required, all of the following:
(i)
Either satisfactory evidence of the fact that the wolfdog hybrid has
been neutered or spayed or a statement from a licensed veterinarian
that neutering or spaying of the wolfdog hybrid is medically
contraindicated;
(ii)
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 wolfdog hybrid on
the property;
(iii)
Satisfactory evidence of the fact that the wolfdog hybrid has been
permanently identified by means of a microchip and the wolfdog
hybrid's microchip number.
(2)
The person shall renew the wolfdog hybrid registration annually for
the same fee and in the same manner as the initial registration was
obtained.
(3)
If a wolfdog hybrid registration holder relocates to a new county,
the holder shall follow the procedure in division (C) of this section
and, upon the expiration of the registration issued in the original
county, shall renew the registration in the new county.
(B)
Upon submission in accordance with division (A) of this section, the
county shall issue a wolfdog hybrid registration to the person. The
county auditor also shall provide the owner with a uniformly designed
tag that identifies the animal as a wolfdog hybrid.
(C)(1)
If the owner of a wolfdog hybrid for whom a wolfdog hybrid
registration 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.
(2)
If the owner of a wolfdog hybrid for whom a wolfdog hybrid
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:
(a)
Provide written notice of the new address and a copy of the original
wolfdog hybrid registration to the county auditor of the new county;
(b)
Provide written notice of the new address to the county auditor of
the county where the owner previously resided.
(D)
An animal shelter that keeps or harbors a wolfdog hybrid more than
three months of age is exempt from any registration requirements
imposed under this section if it is a nonprofit organization that is
exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the "Internal Revenue Code
of 1986," 26 U.S.C 501(c)(3).
(E)
No owner, keeper, or harborer of a wolfdog hybrid shall fail to
present a valid wolfdog hybrid registration upon request of any law
enforcement officer, dog warden, or public health official charged
with enforcing this section. A violation of this division is a strict
liability offense and section 2901.20 of the Revised Code does not
apply.
(F)
No owner, keeper, or harborer of a wolfdog hybrid shall fail to do
any of the following:
(1)
Obtain a wolfdog hybrid registration from the county auditor pursuant
to this section;
(2)
Affix a tag that identifies the wolfdog hybrid as a wolfdog hybrid to
the wolfdog hybrid's collar;
(3)
Ensure that the wolfdog hybrid wears the collar and tag at all times.
A
violation of division (F) of this section is a strict liability
offense and section 2901.20 of the Revised Code does not apply.
(G)(1)
Whoever violates division (E) of this section is guilty of a minor
misdemeanor.
(2)
Whoever violates division (F) of this section is guilty of a
misdemeanor of the fourth degree and a misdemeanor of the third
degree on each subsequent offense.
Sec.
955.11.
(A)
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.
(B)
Except as provided in division (C) of this section
or section 955.111 of the Revised Code
,
prior to the transfer of ownership or possession of a 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.
(C)
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 or vicious 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."
"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."
The
seller or other transferor shall obtain the signature of the buyer or
other transferee after a statement on the form that the buyer or
other transferee understands that such person is acquiring a
dangerous or vicious dog.
The
dog warden of the county in which the seller resides shall furnish
the form to the seller at no cost.
(D)(1)
No seller or other transferor of a dog shall fail to comply with the
requirements of 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 first offense and of a misdemeanor of the fourth
degree on each subsequent offense.
(F)
Division (C) of this section does not apply to an animal shelter for
dogs with respect to a dog concerning which it transferred ownership
or possession to another person if both of the following apply:
(1)
The animal shelter for dogs did not have knowledge and could not have
reasonably ascertained that the dog is a dangerous or vicious dog.
(2)
Before the transfer of the dog, the animal shelter for dogs asked the
following questions of the dog's previous owner, keeper, or harborer,
if such person is known and if the dog was not impounded under
section 959.132 of the Revised Code:
(a)
"Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
(b)
"Has the dog ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
(c)
"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.
955.111.
(A)
If a seller or other transferor of a dog has knowledge that the dog
is a wolfdog hybrid, within ten days after the transfer of ownership
or possession of the wolfdog hybrid, 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 wolfdog
hybrid;
(2)
The age, sex, color, applicable DNA information, and current
registration number of the wolfdog hybrid.
In
addition, the seller shall answer the following questions, which
shall be specifically stated on the form as follows:
"Has
the wolfdog hybrid ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
"Has
the wolfdog hybrid ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
"Has
the wolfdog hybrid ever seriously injured or killed a person? If yes,
describe the incident(s) in which the behavior occurred."
The
seller or other transferor shall obtain the signature of the buyer or
other transferee after a statement on the form that the buyer or
other transferee understands that such person is acquiring a wolfdog
hybrid.
The
dog warden of the county in which the seller resides shall furnish
the form to the seller at no cost.
(B)
No seller or other transferor of a wolfdog hybrid shall fail to
comply with the requirements of 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.
(C)
Whoever violates division (B) of this section is guilty of a minor
misdemeanor on a first offense and of a misdemeanor of the fourth
degree on each subsequent offense.
(D)
Division (A) of this section does not apply to an animal shelter for
dogs with respect to a wolfdog hybrid concerning which it transferred
ownership or possession to another person if both of the following
apply:
(1)
The animal shelter for dogs did not have knowledge and could not have
reasonably ascertained that the dog is a wolfdog hybrid.
(2)
Before the transfer of the wolfdog hybrid, the animal shelter for
dogs asked the following questions of the wolfdog hybrid's previous
owner, keeper, or harborer, if such person is known and if the
wolfdog hybrid was not impounded under section 959.132 of the Revised
Code:
(a)
"Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
(b)
"Has the dog ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
(c)
"Has the dog ever seriously injured or killed a person? If yes,
describe the incident(s) in which the behavior occurred."
Sec.
955.25.
(A)
No owner, keeper, or harborer of a wolfdog hybrid shall fail to do
any of the following:
(1)
While that wolfdog hybrid is outdoors, but on the premises of the
owner, keeper, or harborer, securely confine the wolfdog hybrid at
all times in a locked pen that has a top, locked fenced yard with
fencing that is sufficiently constructed to prevent escape, or other
locked enclosure that has a top;
(2)
While that wolfdog hybrid is inside a residential dwelling or other
building on the premises of the owner, keeper, or harborer, and there
is an invitee inside the dwelling or building, securely confine the
wolfdog hybrid at all times inside the dwelling or building so that
there is no reasonable probability that the wolfdog hybrid comes into
contact with the invitee;
(3)
While that wolfdog hybrid is off the premises of the owner, keeper,
or harborer, keep that wolfdog hybrid 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 wolfdog hybrid in a locked pen that has a top, locked
fenced yard with fencing that is sufficiently constructed to prevent
escape, 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
wolfdog hybrid is adequately restrained and station such a person in
close enough proximity to that wolfdog hybrid so as to prevent it
from causing injury to any person;
(c)
Muzzle that wolfdog hybrid.
A
violation of division (A) of this section is a strict liability
offense and section 2901.20 of the Revised Code does not apply.
(B)
No owner, keeper, or harborer of a wolfdog hybrid shall fail to do
any of the following:
(1)
Obtain liability insurance in an amount, exclusive of interest and
costs, that equals or exceeds one hundred thousand dollars, with an
insurer authorized to write liability insurance in this state
providing coverage in each occurrence because of damage or bodily
injury to or death of a person caused by the wolfdog hybrid;
(2)
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;
(3)
Notify the local dog warden immediately if any of the following
occurs:
(a)
The wolfdog hybrid is loose or unconfined.
(b)
The wolfdog hybrid bites a person, unless the dog is on the property
of the owner of the wolfdog hybrid, and the person who is bitten is
unlawfully trespassing or committing a criminal act within the
boundaries of that property.
(c)
The wolfdog hybrid attacks another animal while the wolfdog hybrid is
off the property of the owner of the wolfdog hybrid.
(4)
If the wolfdog hybrid is sold, given to another person, or dies,
notify the county auditor and the dog warden within ten days of the
sale, transfer, or death.
(5)
Prior to any training or veterinary care provided to the wolfdog
hybrid by a trainer or licensed veterinarian, disclose to the trainer
or licensed veterinarian, as applicable, that the wolfdog hybrid is a
wolfdog hybrid.
A
violation of division (B) of this section is a strict liability
offense and section 2901.20 of the Revised Code does not apply.
(C)
No person shall recklessly do any of the following:
(1)
Debark or surgically silence a dog that the person knows or has
reason to believe is a wolfdog hybrid;
(2)
Possess a wolfdog hybrid if the person knows or has reason to believe
that the wolfdog hybrid has been debarked or surgically silenced;
(3)
Falsely attest on a waiver form provided by the veterinarian that the
person's dog is not a wolfdog hybrid or otherwise provide false
information on that written waiver form.
(D)
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 wolfdog hybrid. 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 wolfdog hybrid;
(5)
A statement that Ohio law 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 wolfdog hybrid;
(b)
Possessing a wolfdog hybrid if the person knows or has reason to
believe that the wolfdog hybrid has been debarked or surgically
silenced;
(c)
Falsely attesting on a waiver form provided by the veterinarian that
the person's dog is not a wolfdog hybrid or otherwise provide false
information on that written waiver form.
(E)
It is an affirmative defense to a charge of a violation of division
(C) 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 this section and that
attests that the dog is not a wolfdog hybrid.
(F)(1)
Whoever violates division (A) of this section is guilty of a
misdemeanor of the fourth degree on a first offense and of a
misdemeanor of the third degree on each subsequent offense.
Additionally, the court may order the offender to do either or both
of the following:
(a)
Personally supervise the wolfdog hybrid that the offender owns,
keeps, or harbors;
(b)
Cause the wolfdog hybrid to complete obedience training.
(2)
The court, in the alternative, may order the wolfdog hybrid to be
humanely destroyed by a licensed veterinarian or the county dog
warden at the owner's expense.
(G)(1)
Whoever violates division (B)(1) of this section is guilty of a minor
misdemeanor on a first offense and a misdemeanor of the fourth degree
on each subsequent offense.
(2)
Whoever violates division (B)(2), (3), (4), or (5) of this section is
guilty of a minor misdemeanor.
(H)
Whoever violates division (C)(1), (2), or (3) of this section is
guilty of a felony of the fourth degree. Additionally, the court
shall order that the wolfdog hybrid involved in the violation be
humanely destroyed by a licensed veterinarian or the county dog
warden. Until the court makes a final determination and during the
pendency of any appeal of a violation of division (C)(1), (2), or (3)
of this section and at the discretion of the dog warden, the wolfdog
hybrid shall be confined or restrained in accordance with the
provisions of division (A) of this section or at the county dog pound
at the owner's expense.
Section
2.
That
existing sections 955.01, 955.024, and 955.11 of the Revised Code are
hereby repealed.