Revise dog law, including dangerous and vicious dogs

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 185

2025-2026

Senator Blessing

To
amend sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01,
955.011, 955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07,
955.10, 955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22,
955.221, 955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50,
955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321;
to amend, for the purpose of adopting new section numbers as
indicated in parentheses, sections 955.01 (955.02), 955.011
(955.021), 955.012 (955.022), 955.013 (955.023), 955.02 (955.01),
955.09 (955.08), 955.10 (955.09), 955.22 (955.24), 955.221 (955.10),
955.222 (955.23), and 955.40 (955.262); to enact new sections 955.21
and 955.22 and section 955.60; and to repeal sections 955.08, 955.21,
955.23, 955.24, 955.25, 955.39, 955.51, 955.52, 955.53, and 955.99 of
the Revised Code
to
make changes to the laws governing dogs, including dangerous and
vicious dogs.

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

Section
1.
That
sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01, 955.011,
955.012, 955.02, 955.03, 955.04, 955.05, 955.06, 955.07, 955.10,
955.11, 955.12, 955.121, 955.14, 955.16, 955.20, 955.22, 955.221,
955.222, 955.26, 955.261, 955.40, 955.43, 955.44, 955.50, 955.54,
959.132, 1533.12, 1901.18, 1907.031, 2913.01, and 2921.321 be
amended; sections 955.01 (955.02), 955.011 (955.021), 955.012
(955.022), 955.013 (955.023), 955.02 (955.01), 955.09 (955.08),
955.10 (955.09), 955.22 (955.24), 955.221 (955.10), 955.222 (955.23),
and 955.40 (955.262) be amended for the purpose of adopting new
section numbers as indicated in parentheses; and new sections 955.21
and 955.22 and section 955.60 of the Revised Code be enacted to read
as follows:

Sec.
304.02.
Prior
to the use of electronic records and electronic signatures by a
county office under Chapter 1306. of the Revised Code, and except as
otherwise provided in section
955.013

955.023

of
the Revised Code, a county office shall adopt, in writing, a security
procedure for the purpose of verifying that an electronic signature,
record, or performance is that of a specific person or for detecting
changes or errors in the information in an electronic record. A
security procedure includes, but is not limited to, a procedure that
requires the use of algorithms or other codes, identifying words or
numbers, encryption, or callback or other acknowledgment procedures.

Sec.
304.03.
(A)
Whenever any rule or law requires or authorizes the filing of any
information, notice, lien, or other document or record with any
county office, a filing made by an electronic record shall have the
same force and effect as a filing made on paper in all cases where
the county office has authorized or agreed to the electronic filing
and the filing is made in accordance with applicable rules or an
applicable agreement.

(B)
Nothing in this section authorizes or shall be construed to authorize
the use of a financial transaction device in an electronic
transaction for the acceptance of payments for county expenses,
except pursuant to section 301.28 or
955.013

955.023

of
the Revised Code.

(C)
As used in this section, "financial transaction device" and
"county expenses" have the same meanings as in section
301.28 of the Revised Code.

Sec.
715.23.
Except
as otherwise provided in section
955.221

955.10

of
the Revised Code regarding dogs, a municipal corporation may
regulate, restrain, or prohibit the running at large, within the
municipal corporation, of cattle, horses, swine, sheep, goats, geese,
chickens, or other fowl or animals, impound and hold the fowl or
animals, and, on notice to the owners, authorize the sale of the fowl
or animals for the penalty imposed by any ordinance, and the cost and
expenses of the proceedings.

Sec.
901.80.
(A)
As used in this section:

(1)
"Agricultural production" has the same meaning as in
section 929.01 of the Revised Code.

(2)
"Agritourism" means an agriculturally related educational,
entertainment, historical, cultural, or recreational activity,
including you-pick operations or farm markets, conducted on a farm
that allows or invites members of the general public to observe,
participate in, or enjoy that activity.

(3)
"Agritourism provider" means a person who owns, operates,
provides, or sponsors an agritourism activity or an employee of such
a person who engages in or provides agritourism activities whether or
not for a fee.

(4)
"Farm" means land that is composed of tracts, lots, or
parcels totaling not less than ten acres devoted to agricultural
production or totaling less than ten acres devoted to agricultural
production if the land produces an average yearly gross income of at
least twenty-five hundred dollars from agricultural production.

(5)
"Participant" means an individual, other than an
agritourism provider, who observes or participates in an agritourism
activity.

(6)
"Risk inherent in an agritourism activity" means a danger
or condition that is an integral part of an agritourism activity,
including all of the following:

(a)
The surface and subsurface conditions of land;

(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;

(e)
The possibility of contracting illness resulting from physical
contact with animals, animal feed, animal waste, or surfaces
contaminated by animal waste;

(f)
The possibility that a participant may act in a negligent manner,
including by failing to follow instructions given by the agritourism
provider or by failing to exercise reasonable caution while engaging
in the agritourism activity that may contribute to injury to that
participant or another participant.

(B)
In a civil action, an agritourism provider is immune from liability
for any harm a participant sustains during an agritourism activity if
the participant is harmed as a result of a risk inherent in an
agritourism activity. Nothing in this section requires an agritourism
provider to eliminate risks inherent in agritourism activities.

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

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

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

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

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

(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.

(D)
An agritourism provider shall post and maintain signs that contain
the warning notice specified in this division. The provider shall
place a sign in a clearly visible location at or near each entrance
to the agritourism location or at the site of each agritourism
activity. The warning notice shall consist of a sign in black letters
with each letter to be a minimum of one inch in height. The signs
shall contain the following notice of warning: "WARNING: Under
Ohio law, there is no liability for an injury to or death of a
participant in an agritourism activity conducted at this agritourism
location if that injury or death results from the inherent risks of
that agritourism activity. Inherent risks of agritourism activities
include, but are not limited to, the risk of injury inherent to land,
equipment, and animals as well as the potential for you as a
participant to act in a negligent manner that may contribute to your
injury or death. You are assuming the risk of participating in this
agritourism activity."

Sec.
935.03.
(A)
Division (A) of section 935.02 of the Revised Code does not apply to
any of the following:

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

(a)
The person possesses a dangerous wild animal.

(b)
The person has been issued a license by the United States department
of agriculture under the federal animal welfare act.

(c)
The director of agriculture has determined that the person is in the
process of becoming an accredited member of the association of zoos
and aquariums or the zoological association of America.

(d)
The director has informed the person that the person is exempt from
division (A) of section 935.02 of the Revised Code.

(2)
An organization to which all of the following apply:

(a)
The organization possesses a dangerous wild animal.

(b)
The director has determined that the organization is in the process
of being accredited or verified by the global federation of animal
sanctuaries as a wildlife sanctuary.

(c)
The director has informed the organization that it is exempt from
division (A) of section 935.02 of the Revised Code.

(3)
A person whose possession of a dangerous wild animal is authorized by
an unexpired permit issued under this chapter.

(B)
Except for the purposes of divisions (A) and (B) of section 935.04 of
the Revised Code, this chapter does not apply to any of the
following:

(1)
A facility that is an 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 welfare act;

(2)
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.

(9)
An educational institution that displays a single dangerous wild
animal as a sports mascot and that meets all of the following
criteria:

(a)
An official of the educational institution has submitted an affidavit
attesting that the institution will care for the animal as long as
the animal lives and in a facility that is an accredited member of
the association of zoos and aquariums or the zoological association
of America.

(b)
The educational institution maintains a liability insurance policy
with an insurer authorized or approved to write such insurance in
this state that covers claims for injury or damage to persons or
property caused by a dangerous wild animal. The amount of the
insurance coverage shall be not less than one million dollars.

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

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

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

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

(12)
A person with a mobility impairment, as defined in section
955.011

955.021

of
the Revised Code, who possesses a dangerous wild animal specified in
division (C)(20)(h) of section 935.01 of the Revised Code that has
been trained by a nonprofit agency or is in such training to assist
the person with a mobility impairment;

(13)
A deaf or hearing-impaired person who possesses a dangerous wild
animal specified in division (C)(20)(h) of section 935.01 of the
Revised Code that has been trained by a nonprofit agency or is in
such training to assist the deaf or hearing-impaired person;

(14)
A person who is blind, as defined in section
955.011

955.021

of
the Revised Code, and possesses a dangerous wild animal specified in
division (C)(20)(h) of section 935.01 of the Revised Code that has
been trained by a nonprofit agency or is in such training to assist
the blind person.

Sec.

955.02

955.01
.

As
used in this chapter
,
"dog kennel"
:

(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.

Sec.

955.01

955.02
.

(A)(1)
Except as otherwise provided in this section or in sections
955.011,
955.012
955.021,
955.022
,
and 955.16 of the Revised Code, every person who owns, keeps, or
harbors a dog more than three months of age shall file, on or after
the first day of the applicable December, but before the thirty-first
day of the applicable January, in the office of the county auditor of
the county in which the dog is kept or harbored, an application for
registration for a period of one year or three years or an
application for a permanent registration. The board of county
commissioners, by resolution, may extend the period for filing the
application. The
application

applicant

shall
state the age, sex, color, character of hair, whether short or long,
and breed, if known, of the dog and the name and address of the owner
of the dog

on the application
.

A

Along
with the application, the applicant shall submit a
registration
fee of two dollars for each year of registration for a one-year or
three-year registration or twenty dollars for a permanent
registration for each dog

shall accompany the application
.
However, the fee may exceed that amount if a greater fee has been
established under division (A)(2) of 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 has certified
that the dog should not be spayed or neutered or the owner has stated
that the dog is used or intended to be used for hunting purposes. The
board may require a person who is registering a spayed or neutered
dog to furnish with the application a certificate from a licensed
veterinarian verifying that the dog is spayed or neutered.

No
person shall furnish a certificate under this division that the
person knows to be false.

(B)
If the application for registration is not filed and the registration
fee paid, on or before the thirty-first day of the applicable January
of each year or, if the board of county commissioners by resolution
has extended the date to a date later than the thirty-first day of
January, the date established by the board, the auditor shall assess
a penalty in an amount equal to the registration fee for one year
upon the owner, keeper, or harborer, which shall be paid with the
registration fee.

(C)

A
person who is the owner, keeper, or harborer of a dangerous dog or
vicious dog shall register the dog with both the county auditor under
division (A) of this section and with the county dog warden under
division (D) of this section.

(D)(1)
A person who is the owner, keeper, or harborer of a dangerous dog or
vicious dog shall apply for a dangerous dog registration to the
county dog warden and submit all of the following to the dog warden:

(a)
A fee of fifty dollars;

(b)
The person's address, telephone number, and other appropriate means
for the dog warden 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 dog warden shall issue a dangerous dog registration to the
person. The dog warden also shall provide the owner with a uniformly
designed tag that identifies the animal as a vicious or dangerous
dog.

(F)(1)
If the owner of a vicious or dangerous dog for whom a dangerous dog
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 dog warden within ten days of relocating to the
new address.

(2)
If the owner of a vicious 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:

(a)
Provide written notice of the new address and a copy of the original
dangerous dog registration to the dog warden of the new county;

(b)
Provide written notice of the new address to the dog warden of the
county where the owner previously resided.

(G)

An
animal shelter that keeps or harbors a dog more than three months of
age is exempt from paying any

registration

fees imposed under
division
(A) or (B) of
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," 100 Stat.
2085, 26 U.S.C. 1.

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

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

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

(1)
Obtain a dangerous dog registration from the dog warden 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.

(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.

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

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

Sec.

955.011

955.021
.

(A)
When an application is made for registration of an assistance dog and
the owner can show proof by certificate or other means that the dog
is an assistance dog, the owner of the dog shall be exempt from any
fee for the registration. Registration for an assistance dog shall be
permanent and not subject to annual renewal so long as the dog is an
assistance dog. Certificates and tags stamped "Ohio Assistance
Dog-Permanent Registration," with registration number, shall be
issued upon registration of such a dog.
Any
certificate and tag stamped "Ohio Service Dog-Permanent
Registration," with registration number, that was issued for a
dog in accordance with this section as it existed on and after
November 26, 2004, but prior to June 30, 2006, shall remain in effect
as valid proof of the registration of the dog on and after November
26, 2004.

Duplicate certificates and tags for a dog registered in accordance
with this section, upon proper proof of loss, shall be issued and no
fee required.
Each
duplicate certificate and tag that is issued shall be stamped "Ohio
Assistance Dog-Permanent Registration."

(B)
As used in this section and in sections 955.16 and 955.43 of the
Revised Code:

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

Sec.

955.012

955.022
.

(A)
As used in this section:

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

(2)
"Law enforcement agency" means the state highway patrol,
the office of a county sheriff, the police department of a 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
fee shall be required.

If
an application for registration of a law enforcement 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 division (A)(1) of section
955.01

955.02

of
the Revised Code, as applicable, the law enforcement canine shall be
registered under that section, and the registration fee and late
registration penalty applicable under divisions (A) and (B) of that
section shall accompany the application.

(C)
If a law enforcement agency becomes the owner, keeper, or harborer of
a law enforcement canine or brings a law enforcement canine into the
state after the thirty-first day of January of a registration year or
the extended registration deadline established under division (A)(1)
of section
955.01

955.02

of
the Revised Code, as applicable, the law enforcement agency, within
thirty days after becoming the owner, keeper, or harborer or bringing
the dog into the state, may submit an application for registration of
the dog under this section. Upon submission of the application, the
law enforcement agency shall be issued such a registration in the
manner provided in division (B) of this section. If such an
application is not filed within the thirty-day period, the dog shall
be registered under section 955.05 of the Revised Code, and the
registration fee and late registration penalty applicable under that
section or section 955.06 of the Revised Code shall accompany the
application.

Sec.

955.013

955.023
.

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

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

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

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

Sec.
955.03.
Any
dog
which

that

has
been registered under sections
955.01

955.02

and
955.04 of the Revised Code and any dog not required to be registered
under such sections shall be considered as personal property and have
all the rights and privileges and be subject to like restraints as
other livestock.

Sec.
955.04.
(A)

Every
owner of a
dog

kennel

of
dogs
shall,
in like manner as provided in
division
(A) of
section

955.01

955.02

of
the Revised Code, make application for the registration of such
kennel, and pay to the county auditor a registration fee of ten
dollars for each such kennel, unless a greater fee has been
established under section 955.14 of the Revised Code. If
such

the

application
is not filed and the fee paid, on or before the thirty-first day of
January of each year, the auditor shall assess a penalty in an amount
equal to the registration fee upon the owner of such kennel. The
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 recklessly fail to register the kennel in
accordance with this section.

(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.
955.05.
After
the thirty-first day of January of any year, except as otherwise
provided in section
955.012

955.022

or
955.16 of the Revised Code, every person, immediately upon becoming
the owner, keeper, or harborer of any dog more than three months of
age or brought from outside the state during any year, shall file
like applications, with fees, as required by section
955.01

955.02

of
the Revised Code, for registration for a period of one year or three
years or an application for permanent registration. If the
application is not filed and the fee paid, within thirty days after
the dog is acquired, becomes three months of age, or is brought from
outside the state, the auditor shall assess a penalty in an amount
equal to the registration fee for one year upon the owner, keeper, or
harborer, which shall be paid with the registration fee. Thereafter,
the owner, keeper, or harborer shall register the dog as provided in
section
955.01

955.02

of
the Revised Code, as applicable.

Every
person becoming the owner of a
dog

kennel

of
dogs
after
the thirty-first day of January of any year shall file like
applications, with fees, as required by section 955.04 of the Revised
Code, for the registration of such kennel for the current calendar
year. If such application is not filed and the fee 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.

Sec.
955.06.
(A)
The owner, keeper, or harborer of a dog becoming three months of age
after the first day of July in a calendar year and the owner, keeper,
or harborer of a dog purchased outside the state after the first day
of July in a calendar year shall register the dog in accordance with
division (B), (C), or (D) of this section within ninety days of the
dog's becoming three months of age or within ninety days of the date
of the purchase of the dog, as applicable.

(B)
The owner, keeper, or harborer of a dog to which division (A) of this
section applies may register the dog for the remainder of the current
year. The fee for such a registration shall be one-half of the
original fee for a one-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.

(C)
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.
955.07.
(A)

Upon
the filing of the application for registration required by sections

955.01

955.02

and
955.04 of the Revised Code and upon the payment of the registration
fee and the administrative fee, if applicable, the county auditor
shall assign a distinctive number to every dog or dog kennel
described in the application and shall deliver a certificate of
registration bearing the number to the owner of the dog or dog
kennel. A record of all certificates of registration issued, together
with the applications for registration, shall be kept by the auditor
in a dog and kennel register until after an audit performed by the
auditor of state. This record shall be open to the inspection of any
person during reasonable business hours.

(B)
In addition to the certificate of registration provided for under
division (A) of this section, the county auditor shall issue to every
person applying for the registration of a dog and paying the required
fee a metal tag for each dog so registered. The form, color,
character, and lettering of the tag shall be prescribed by the county
auditor. If a tag is lost, a duplicate shall be furnished by the
auditor upon proper proof of loss and the payment of five dollars for
each duplicate tag issued.

Sec.

955.09

955.08
.

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

Sec.

955.10

955.09
.

(A)

No
owner of a dog, except a dog constantly confined to a dog kennel
registered under this chapter or
one

licensed
under Chapter 956. of the Revised Code, shall
recklessly

fail
to require the dog to wear, at all times, a valid tag issued in
connection with a certificate of registration

under division (A) of section 955.02 of the Revised Code
.
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 misdemeanor.

Sec.

955.221

955.10
.

(A)
For the purposes of this section, ordinances or resolutions to
control dogs include, but are not limited to, ordinances or
resolutions concerned with the ownership, keeping, or harboring of
dogs, the restraint of dogs, dogs as public nuisances, and dogs as a
threat to public health, safety, and welfare, except that such
ordinances or resolutions as permitted in division (B) of this
section shall not prohibit the use of any dog which is lawfully
engaged in hunting or training for the purpose of hunting while
accompanied by a licensed hunter. However, such dogs at all other
times and in all other respects shall be subject to the ordinance or
resolution permitted by this section, unless actually in the field
and engaged in hunting or in legitimate training for such purpose.

(B)(1)
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.

(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. 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.

(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.

(C)
No person shall
recklessly

violate
any resolution or ordinance adopted under this section.

(D)
Whoever violates division (C) of this section 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.

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;

(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 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.

(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 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
(B)
Except 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 or other
transferor of the dog shall give to the person a written notice
relative to the behavior and propensities of the dog.

(D)
(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."

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.

(E)
(D)(1)

No seller or other transferor of a dog shall
recklessly

fail
to comply with the
applicable

requirements
of
divisions
(B) to (D)
division
(A)

of this section.

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

(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.

Sec.
955.12.
(A)

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

(B)

Except
as otherwise provided in section 3.061 of the Revised Code, the
warden and deputies shall give bond in a sum not less than five
hundred dollars and not more than two thousand dollars, as set by the
board, conditioned for the faithful performance of their duties. The
bond or bonds may, in the discretion of the board, be individual or
blanket bonds. The bonds shall be filed with the county auditor of
their respective counties.

(C)

The
warden and deputies shall make a record of all dogs owned, kept, and
harbored in their respective counties. They shall patrol their
respective counties and seize and impound on sight all dogs found
running at large and all dogs more than three months of age found not
wearing a valid registration tag, except any dog that wears a valid
registration tag and is: on the premises of its owner, keeper, or
harborer, under the reasonable control of its owner or some other
person, hunting with its owner or its handler at a field trial, kept
constantly confined in a dog kennel registered under this chapter 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 premises of its owner, keeper, or harborer, the
warden shall
apply
to the court of common pleas for the county in which the premises are
located for an order to enter the premises, and if necessary, seize
the dog. If the court finds probable cause to believe that the dog is
being treated inhumanely, it shall issue such an order
notify,
in writing, the humane society or the appropriate law enforcement
authority that has jurisdiction to enforce Chapter 959. of the
Revised Code
.

(E)

The
warden and deputies shall also make weekly reports, in writing, to
the board in their respective counties of all dogs seized, impounded,
redeemed, and destroyed.

(F)

The
wardens and deputies shall have the same police powers
,
including the authority to make arrests,

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
this
chapter
.
They shall also have power to summon the assistance of bystanders in
performing their duties and may serve writs and other legal processes
issued by any court in their respective counties with reference to
enforcing those sections. County auditors may deputize the wardens or
deputies to issue dog licenses as provided in sections 955.01 and
955.14 of the Revised Code.

(G)

Whenever
any person files an affidavit in a court of competent jurisdiction
that there is a dog running at large that is not kept constantly
confined either in a dog kennel registered under this chapter or one
licensed under Chapter 956. of the Revised Code or on the premises of
an institution or organization of the type described in section
955.16 of the Revised Code or that a dog is kept or harbored in the
warden's jurisdiction without being registered as required by law,
the court shall immediately order the warden to seize and impound the
dog. Thereupon the warden shall immediately seize and impound the dog
complained of. 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. 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.

(H)
No county dog warden shall knowingly fail to perform the warden's
duties under this section or other legal duties required of dog
wardens.

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

Sec.
955.121.
(A)(1)
In lieu of appointing a county dog warden 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
this
chapter
.
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 election in which at least one of the members of
the board was elected.

(2)
The agreement may authorize both of the following:

(a)
The sheriff to appoint sheriff's deputies or persons other than peace
officers as deputy dog wardens;

(b)
The transfer of any benefits accrued by employees who are transferred
as a result of the county sheriff's being appointed as the county dog
warden.

(B)
Any dog warden and deputy dog wardens appointed under this section
shall comply with both of the following:

(1)
Any training requirements applicable to county dog wardens and deputy
dog wardens appointed or employed under section 955.12 of the Revised
Code;

(2)
The requirements established in that section.

(C)
If a county sheriff or a sheriff's deputies are appointed as a dog
warden or deputy dog wardens under this section, references in this
chapter and in Chapters 953., 956., and 959. of the Revised Code to
"dog warden" and "deputy dog warden" shall be
deemed to be replaced, respectively, with references to "sheriff"
and "deputy sheriff."

Sec.
955.14.
(A)
Notwithstanding section
955.01

955.02

of
the Revised Code, a board of county commissioners by resolution may
increase dog and kennel registration fees in the county. The amount
of the fees shall not exceed an amount that the board, in its
discretion, estimates is needed to pay all expenses for the
administration of this chapter. Such a resolution shall be adopted
not earlier than the first day of February and not later than the
thirty-first day of August of any year and shall specify the
registration period or periods to which the increased fees apply. An
increase in fees adopted under this division shall be in the ratio of
two dollars for each year of registration for a dog registration fee,
twenty dollars for a permanent dog registration fee, and ten dollars
for a kennel registration fee.

(B)
Notwithstanding section 955.20 of the Revised Code, if dog and kennel
registration fees in any county are increased above two dollars for
each year of registration and twenty dollars for a permanent
registration for a dog registration fee and ten dollars for a kennel
registration fee under authority of division (A) of this section,
then on or before the first day of March following each year in which
the increased fees are in effect, the county auditor shall draw on
the dog and kennel fund a warrant payable to the college of
veterinary medicine of the Ohio state university in an amount equal
to ten cents for each one-year dog registration, thirty cents for
each three-year dog registration, one dollar for each permanent dog
registration, and ten cents for each kennel registration fee received
during the preceding year. The money received by the college of
veterinary medicine of the Ohio state university under this division
shall be applied for research and study of the diseases of dogs,
particularly those transmittable to humans, and for research of other
diseases of dogs that by their nature will provide results applicable
to the prevention and treatment of both human and canine illness.

(C)
The Ohio state university college of veterinary medicine shall be
responsible to report annually to the general assembly the progress
of the research and study authorized and funded by division (B) of
this section. The report shall briefly describe the research projects
undertaken and assess the value of each. The report shall account for
funds received pursuant to division (B) of this section and for the
funds expended attributable to each research project and for other
necessary expenses in conjunction with the research authorized by
division (B) of this section. The report shall be filed with the
general assembly by the first day of May of each year.

(D)
The county auditor may authorize agents to receive applications for
registration of dogs and kennels and to issue certificates of
registration and tags. If authorized agents are employed in a county,
each applicant for a dog or kennel registration shall pay to the
agent an administrative fee of seventy-five cents in addition to the
registration fee. The administrative fee shall be the compensation of
the agent. The county auditor shall establish rules for reporting and
accounting by the agents. No administrative or similar fee shall be
charged in any county except as authorized by this division or
division (E) of this section.

(E)
For any county that accepts the payment of dog and kennel
registration fees by financial transaction devices in accordance with
section
955.013

955.023

of
the Revised Code, in addition to those registration fees, the county
auditor shall collect for each registration paid by a financial
transaction device one of the following:

(1)
An administrative fee of seventy-five cents or another amount
necessary to cover actual costs designated by the county auditor;

(2)
If the board of county commissioners adopts a surcharge or
convenience fee for making payments by a financial transaction device
under division (E) of section 301.28 of the Revised Code, that
surcharge or convenience fee;

(3)
If the county auditor contracts with a third party to provide
services to enable registration via the internet as provided in
section
955.013

955.023

of
the Revised Code, a surcharge or convenience fee as agreed to between
that third party and the county for those internet registration
services. Any additional expenses incurred by the county auditor that
result from a contract with a third party as provided in this section
and section
955.013

955.023

of
the Revised Code and that are not covered by a surcharge or
convenience fee shall be paid out of the allowance provided to the
county auditor under section 955.20 of the Revised Code.

(F)
The county auditor shall post conspicuously the amount of the
administrative fee, surcharge, or convenience fee that is permissible
under this section on the web page where the auditor accepts payments
for registrations made under division (B)(1) of section
955.013

955.023

of
the Revised Code. If any person chooses to pay by financial
transaction device, the administrative fee, surcharge, or convenience
fee shall be considered voluntary and is not refundable.

Sec.
955.16.
(A)
Dogs that have been seized by the county dog warden and impounded
shall be kept, housed, and fed for three days for the purpose of
redemption, as provided by section 955.18 of the Revised Code, unless
any of the following applies:

(1)
Immediate humane destruction of the dog is necessary because of
obvious disease or injury. If the diseased or injured dog is
registered, as 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 necessity of destroying the dog shall be
certified by a licensed veterinarian or a registered veterinary
technician. If the dog is not registered, the decision to destroy it
shall be made by the warden.

(2)
The dog is currently registered on the registration list maintained
by the warden and the auditor of the county where the dog is
registered and the attempts to notify the owner, keeper, or harborer
under section 955.12 of the Revised Code have failed, in which case
the dog shall be kept, housed, and fed for fourteen days for the
purpose of redemption.

(3)
The warden has contacted the owner, keeper, or harborer under section
955.12 of the Revised Code, and the owner, keeper, or harborer has
requested that the dog remain in the pound or animal shelter until
the owner, harborer, or keeper redeems the dog. The time for such
redemption shall be not more than forty-eight hours following the end
of the appropriate redemption period.

Any
dog not so redeemed may be adopted out or donated to any person,
including a nonprofit special agency that is engaged in the training
of any type of assistance dogs or to a nonprofit teaching or research
institution or organization that is certified by the director of
health as being engaged in teaching or research concerning the
prevention and treatment of diseases of human beings or animals. The
county dog warden may charge an adoption fee for any dog that is
adopted. Except as provided in division (B) of this section, no dog
shall be discharged from the pound or animal shelter until the animal
has been registered and furnished with a valid registration tag.

(B)
Any dog that is donated to a nonprofit special agency engaged in the
training of any type of assistance dogs in accordance with division
(A) of this section and any dog that is sold to any nonprofit
teaching or research institution or organization shall be discharged
from the pound or animal shelter without registration and may be kept
by the agency or by the institution or organization without
registration so long as the dog is being trained, or is being used
for teaching and research purposes.

Any
institution or organization certified by the director that obtains
dogs for teaching and research purposes pursuant to this section
shall, at all reasonable times, make the dogs available for
inspection by humane society agents, appointed pursuant to section
1717.06 of the Revised Code, in order that the agents may prevent the
perpetration of any act of cruelty, as defined in section 1717.01 of
the Revised Code, to the dogs.

(C)
Any dog that the dog warden or poundkeeper is unable to dispose of,
in the manner provided by this section and section 955.18 of the
Revised Code, may be humanely destroyed, except that no dog shall be
destroyed until twenty-four hours after it has been offered to a
nonprofit teaching or research institution or organization, as
provided in this section, that has made a request for dogs to the dog
warden or poundkeeper.

(D)
An owner of a dog that is wearing a valid registration tag who
presents the dog to the dog warden or poundkeeper may specify in
writing that the dog shall not be offered to a nonprofit teaching or
research institution or organization, as provided in this section.

(E)
A record of all dogs impounded, the disposition of the same, the
owner's name and address, if known, and a statement of costs assessed
against the dogs shall be kept by the poundkeeper, and the
poundkeeper shall furnish a transcript thereof to the county
treasurer quarterly.

A
record of all dogs received and the source that supplied them shall
be kept, for a period of three years from the date of acquiring the
dogs, by all institutions or organizations engaged in teaching or
research concerning the prevention and treatment of diseases of human
beings or animals.

(F)
No person shall
recklessly

destroy
any dog by the use of a high altitude decompression chamber or by any
method other than a method that immediately and painlessly renders
the dog initially unconscious and subsequently dead.

(G)
Whoever violates division (F) of this section is guilty of a
misdemeanor of the fourth degree.

Sec.
955.20.
The
registration fees provided for in sections
955.01

955.02

to
955.14 of the Revised Code constitute a special fund known as "the
dog and kennel fund." The fees shall be deposited by the county
auditor in the county treasury daily as collected. Money in the fund
shall be used for the purpose of defraying the cost of furnishing all
blanks, records, tags, nets, and other equipment, for the purpose of
paying the compensation of county dog wardens, deputies,
poundkeepers, and other employees necessary to carry out and enforce
sections
955.01

955.02

to
955.261 of the Revised Code, and in accordance with section 955.27 of
the Revised Code. The board of county commissioners, by resolution,
shall appropriate sufficient funds out of the dog and kennel fund,
not more than fifteen per cent of which shall be expended by the
auditor for registration tags, blanks, records, and clerk hire, for
the purpose of defraying the necessary expenses of registering,
seizing, impounding, and destroying dogs in accordance with sections
955.01 to 955.27 of the Revised Code, and for the purpose of covering
any additional expenses incurred by the county auditor as authorized
by division (E)(3) of section 955.14 of the Revised Code.

If
the funds so appropriated in any calendar year are found by the board
to be insufficient to defray the necessary cost and expense of the
county dog warden in enforcing sections
955.01

955.02

to
955.27 of the Revised Code, the board, by resolution so provided, may
appropriate further funds for the use and purpose of the county dog
warden in administering those sections.

Sec.
955.21.
(A)
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 recklessly 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,
supervision, or secure enclosure to prevent escape;

(2)
Keep the dog under the reasonable control of some person.

(B)
Whoever commits a violation of this section 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. Additionally,
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.

(C)
Whoever commits a violation of this section that involves a nuisance
dog is guilty of a minor misdemeanor on the first offense and of a
misdemeanor of the fourth degree on each subsequent offense involving
the same dog. Additionally, the court may order the offender to
personally supervise the nuisance dog that the offender owns, keeps,
or harbors, to cause that dog to complete dog obedience training, or
to do both.

(D)
Whoever commits a violation of this section that involves a dangerous
dog is guilty of a misdemeanor of the third degree on a first offense
and of a misdemeanor of the second degree on each subsequent offense.
Additionally, the court may order the offender to do any of the
following:

(1)
Personally supervise the dangerous dog that the offender owns, keeps,
or harbors;

(2)
Cause that dog to complete dog obedience training;

(3)
Obtain liability insurance in an amount, exclusive of interest and
costs, that equals or exceeds one hundred thousand dollars.

The
court, in the alternative, may order the dangerous dog to be humanely
destroyed by a licensed veterinarian, the county dog warden, or the
county humane society at the owner's expense.

Until
the court makes a final determination and during the pendency of any
appeal and at the discretion of the dog warden, the dog shall be
confined or restrained in accordance with division (A) of section
955.24 of the Revised Code or at the county dog pound at the owner's
expense.

(E)
Whoever commits a violation of this section that involves a vicious
dog is guilty of a misdemeanor of the second degree on a first
offense and of a misdemeanor of the first degree on each subsequent
offense. Additionally, the court shall order the offender to do all
of the following:

(1)
Personally supervise the vicious dog that the offender owns, keeps,
or harbors;

(2)
Cause that dog to complete dog obedience training;

(3)
Obtain liability insurance in an amount, exclusive of interest and
costs, that equals or exceeds one hundred thousand dollars.

The
court, in the alternative, 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.

Until
the court makes a final determination and during the pendency of any
appeal and at the discretion of the dog warden, the dog shall be
confined or restrained in accordance with division (A) of section
955.24 of the Revised Code or at the county dog pound at the owner's
expense.

Sec.
955.22.
(A)
As used in this section and section 955.23 of the Revised Code:

(1)
"Vicious dog act" means one of the following actions
committed by a dog without provocation, other than by a police dog
that is being used to assist one or more law enforcement officers in
the performance of their official duties:

(a)
The killing of any person;

(b)
Causing serious injury to any person by physical contact;

(c)
Engaging in a dangerous dog act after the dog has been designated as
a dangerous dog under section 955.23 of the Revised Code.

(2)
"Dangerous dog act" means one of the following actions
committed by a dog without provocation, other than by a police dog
that is being used to assist one or more law enforcement officers in
the performance of their official duties:

(a)
Causing injury by physical contact, other than killing or serious
injury, to any person;

(b)
The killing of another dog or livestock;

(c)
Causing serious injury to another dog or livestock that results in
euthanasia of the animal by a person authorized to perform euthanasia
under Ohio law.

(3)
"Nuisance dog act" means one of the following actions
committed by a dog without provocation and while off the premises of
its owner, keeper, or harborer, other than by a police dog that is
being used to assist one or more law enforcement officers in the
performance of their official duties:

(a)
Chasing or approaching a person in either a menacing fashion or an
apparent attitude of attack;

(b)
Attempting to bite or otherwise endanger any person;

(c)
Causing injury without making physical contact;

(d)
Chasing, threatening, harassing, or injuring another dog or
livestock;

(e)
Having been the subject of a third or subsequent violation of section
955.21 of the Revised Code.

(4)
"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.

(5)
"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)(1)
No owner, keeper, or harborer of a dog shall negligently fail to
prevent the dog from committing a vicious dog act. Whoever violates
this division is guilty of a misdemeanor of the third degree on a
first offense and a misdemeanor of the second degree on each
subsequent offense.

(2)
No owner, keeper, or harborer of a dangerous or vicious dog shall
negligently fail to prevent the dog from committing a vicious dog act
that involves injuring or killing a person. Whoever violates this
division is guilty of a felony of the third degree.

(C)(1)
No owner, keeper, or harborer of a dog shall negligently fail to
prevent the dog from committing a dangerous dog act. Whoever violates
this division is guilty of a misdemeanor of the fourth degree on a
first offense and a misdemeanor of the third degree on each
subsequent offense.

(2)
No owner, keeper, or harborer of a dangerous or vicious dog shall
negligently fail to prevent the dog from committing a dangerous dog
act that involves injuring a person. Whoever violates this division
is guilty of a felony of the fifth degree.

(D)
No owner, keeper, or harborer of a dog shall negligently fail to
prevent the dog from committing a nuisance dog act. Whoever violates
this division is guilty a minor misdemeanor on a first offense and a
misdemeanor of the fourth degree on each subsequent offense.

(E)
In addition to any other penalty described under this section, and
except as provided in division (F) of this section, the court may
order the dog that is the subject of an offense under this section to
be humanely destroyed by a licensed veterinarian, the county dog
warden, or the county humane society at the owner's expense.

(F)
In addition to any other penalty described under this section, the
court shall order the dog that is the subject of an offense under
this section to be humanely destroyed by a licensed veterinarian, the
county dog warden, or the county humane society at the owner's
expense if, as a result of the offense, the dog kills or causes
serious injury to a person.

Sec.

955.222

955.23
.

(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)

(A)(1)

If
a person who is authorized to enforce this chapter has
reasonable

probable

cause
to believe that a dog in the person's jurisdiction
is
a nuisance dog, dangerous dog, or vicious dog
has
committed a dangerous dog act or vicious dog act
,
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
petition
the municipal court or county court that has territorial jurisdiction
over the location where the alleged act occurred to hold a hearing to
determine whether the court shall issue an order designating the dog
as a dangerous or vicious dog, as applicable, in accordance with this
section.

(2)
If a person who is authorized to enforce this chapter has probable
cause to believe that a dog in the person's jurisdiction has
committed a nuisance dog act, the person may petition the municipal
court or county court that has territorial jurisdiction over the
location where the alleged act occurred to hold a hearing to
determine whether the court shall issue an order designating the dog
as a nuisance dog in accordance with this section.

(B)
Probable cause may be supported by one or more written statements of
a witness describing the incident or incidents in which the witness
saw the dog engage in a nuisance dog act, a dangerous dog act, or a
vicious dog act
.

(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
The
court
,
not later than ten days after receiving
notification
of the designation
the
petition described in division (A) of this section
,

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
shall
hold the hearing and, at the conclusion of the hearing, issue a final
determination concerning whether the dog shall be designated a
nuisance, dangerous, or vicious dog
.
At the hearing, the person who
designated
the dog as a nuisance dog, dangerous dog, or vicious dog
petitioned
the court
has
the burden of proving, by clear and convincing evidence, that the dog

is
a nuisance dog, dangerous dog, or vicious dog
committed
a nuisance dog act, dangerous dog act, or vicious dog act
.

(D)

The
owner, keeper, or harborer of the dog or the person who
designated
the dog as a nuisance dog, dangerous dog, or vicious dog
petitioned
the court
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
(E)(1)
If the dog warden determines that it is safe to have the dog remain
in the custody of the dog's owner, keeper, or harborer, the dog shall

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)
(A)

of section
955.22

955.24

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
.

(2)
If the dog warden determines that it is not safe to have the dog
remain in the custody of the dog's owner, keeper, or harborer after
the commission of the alleged nuisance dog act, dangerous dog act, or
vicious dog act and during the pendency of a court's determination or
appeal under this section, the dog shall be held in the custody of
the dog warden. While the dog is being so held, the cost of the
holding is the responsibility of the dog's owner, keeper, or
harborer. However, the dog's owner, keeper, or harborer shall not be
responsible for such costs if the court does not determine that the
dog be designated as a nuisance, dangerous, or vicious dog
.

(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) 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.

(F)(1)
Except as provided in division (F)(2) of this section, the court may
order a dog that is designated in accordance with this section to be
humanely destroyed by a licensed veterinarian, the county dog warden,
or the county humane society at the owner's expense.

(2)
The court shall order a dog that is designated in accordance with
this section to be humanely destroyed by a licensed veterinarian, the
county dog warden, or the county humane society at the owner's
expense if the court determines that the dog killed or caused serious
injury to a person.

(G)
If the dog that is the subject of a hearing under this section is
also the subject of a criminal proceeding for a violation of section
955.22 of the Revised Code arising out of the same event, the court
shall conduct the hearing under this section and the criminal
proceeding concurrently.

Sec.

955.22

955.24
.

(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,
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
No

owner,
keeper, or harborer of a

vicious or

dangerous dog shall
recklessly

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 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 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

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
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)
(B)

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
vicious
or
dangerous
dog shall
recklessly

fail
to do
any
of
the
following:

(1)
Obtain liability insurance 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
vicious
or
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)
(3)

If the dog 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.

(F)
(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

vicious or

dangerous dog;

(2)
Possess a
vicious
or
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
vicious
or
dangerous
dog or otherwise provide false information on that written waiver
form.

(G)
(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
vicious
or
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
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
vicious
or
dangerous
dog;

(b)
Possessing a
vicious
or
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
vicious
or
dangerous
dog or otherwise provide false information on that written waiver
form.

(H)
(E)

It is an affirmative defense to a charge of a violation of division

(F)
(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
division
(G) of
this
section and that attests that the dog is not a
vicious
or
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.

(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 any of the
following:

(a)
Personally supervise the vicious or dangerous dog that the offender
owns, keeps, or harbors;

(b)
Cause the dog to complete dog obedience training;

(c)
Order the offender to obtain liability insurance pursuant to this
section.

(2)
The court, in the alternative, may order the vicious or dangerous dog
to be humanely destroyed by a licensed veterinarian, the county dog
warden, or the county humane society at the owner's expense.

(G)
Whoever violates division (B) 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 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
(C)(1), (2), or (3) of this section and at the discretion of the dog
warden, the dog 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.

Sec.
955.26.
(A)

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

(B)

When
the quarantine has been declared, the director of health, the board,
or those persons may require vaccination for rabies of all dogs
within the health district or part of it. Proof of rabies vaccination
within a satisfactory period shall be demonstrated to the county
auditor before any registration is issued under section
955.01

955.02

of
the Revised Code for any dog that is required to be vaccinated.

(C)

The
director shall determine appropriate methods of rabies vaccination
and satisfactory periods for purposes of quarantines under this
section.

(D)

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

(E)

Notwithstanding
this section, a city or general health district board of health may
make orders pursuant to sections 3709.20 and 3709.21 of the Revised
Code requiring the vaccination of dogs.

(F)
No person shall recklessly violate a rabies quarantine order issued
under this section.

(G)
Whoever violates division (F) 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.

Sec.
955.261.
(A)(1)
No person shall remove a dog that has bitten any person from the
county in which the bite occurred until a quarantine period as
specified in division (B) of this section has been completed. No
person shall transfer a dog that has bitten any person until a
quarantine period as specified in division (B) of this section has
been completed, except that a person may transfer the dog to the
county dog warden or to any other animal control authority.

(2)(a)
Subject to division (A)(2)(b) of this section, no person shall kill a
dog that has bitten any person until a quarantine period as specified
in division (B) of this section has been completed.

(b)
Division (A)(2)(a) of this section does not apply to the killing of a
dog in order to prevent further injury or death or if the dog is
diseased or seriously injured.

(3)
No person who has killed a dog that has bitten any person in order to
prevent further injury or death or if the dog is diseased or
seriously injured shall fail to do both of the following:

(a)
Immediately after the killing of the dog, notify the board of health
for the district in which the bite occurred of the facts relative to
the bite and the killing;

(b)
Hold the body of the dog until that board of health claims it to
perform tests for rabies.

(B)
The quarantine period for a dog that has bitten any person shall be
ten days or another period that the board of health for the district
in which the bite occurred determines is necessary to observe the dog
for rabies.

(C)(1)
To enable persons to comply with the quarantine requirements
specified in divisions (A) and (B) of this section, boards of health
shall make provision for the quarantine of individual dogs under the
circumstances described in those divisions.

(2)
Upon the receipt of a notification pursuant to division (A)(3) of
this section that a dog that has bitten any person has been killed,
the board of health for the district in which the bite occurred shall
claim the body of the dog from its killer and then perform tests on
the body for rabies.

(D)
This section does not apply to a police dog that has bitten a person
while the police dog is under the care of a licensed veterinarian or
has bitten a person while the police dog is being used for law
enforcement, corrections, prison or jail security, or investigative
purposes. If, after biting a person, a police dog exhibits any
abnormal behavior, the law enforcement agency and the law enforcement
officer the police dog assists, within a reasonable time after the
person is bitten, shall make the police dog available for the board
of health for the district in which the bite occurred to perform
tests for rabies.

(E)

As
used in this section, "police dog" has the same meaning as
in section 2921.321 of the Revised Code
Whoever
recklessly violates this section is guilty of a minor misdemeanor on
a first offense and of a misdemeanor of the fourth degree on each
subsequent offense
.

Sec.

955.40

955.262
.

Any
corporation which violates section
955.39

955.26

of
the Revised Code shall forfeit and pay to the municipal corporation a
sum not to exceed three hundred dollars, to be collected in a civil
action brought in the name of the municipal corporation.

The
judgment authorized in this section being in the nature of a penalty,
or exemplary damages, no proof of actual damages shall be required,
but the court or jury, finding other facts to justify recovery, shall
determine the amount by reference to all the facts, culpatory,
exculpatory, or extenuating, adduced at the trial.

Sec.
955.43.
(A)

As
used in this section, "institutions of education" means any
of the following:

(1)
Any state university or college as defined in section 3345.32 of the
Revised Code;

(2)
Any private college or university that holds a certificate of
authorization issued by the Ohio board of regents pursuant to Chapter
1713. of the Revised Code;

(3)
Any elementary or secondary school operated by a board of education;

(4)
Any chartered or nonchartered nonpublic elementary or secondary
school;

(5)
Any school issued a certificate of registration by the state board of
career colleges and schools.

(B)

When
a person who is blind, deaf, or hearing impaired, a person with a
mobility impairment, or a trainer of an assistance dog is accompanied
by an assistance dog, the person or trainer, as applicable, is
entitled to the full and equal accommodations, advantages,
facilities, and privileges of all public conveyances, hotels, lodging
places, all places of public accommodation, amusement, or resort, all
institutions of education, and other places to which the general
public is invited, and may take the dog into such conveyances and
places, subject only to the conditions and limitations applicable to
all persons not so accompanied, except that:

(1)
The dog shall not occupy a seat in any public conveyance.

(2)
The dog shall be upon a leash while using the facilities of a common
carrier.

(3)
Any dog in training to become an assistance dog shall be covered by a
liability insurance policy provided by the nonprofit special agency
engaged in such work protecting members of the public against
personal injury or property damage caused by the dog.

(B)

(C)

No
person shall
recklessly

deprive
a person who is blind, deaf, or hearing impaired, a person who has a
mobility impairment, or a trainer of an assistance dog when the
person or trainer, as applicable, is accompanied by an assistance dog
of any of the advantages, facilities, or privileges provided in
division
(A)
(B)

of this section, and no person shall charge the person or trainer a
fee or charge for the dog
.

(D)
Whoever violates division (C) of this section is guilty of a
misdemeanor of the fourth degree
.

(C)
As used in this section, "institutions of education" means:

(1)
Any state university or college as defined in section 3345.32 of the
Revised Code;

(2)
Any private college or university that holds a certificate of
authorization issued by the Ohio board of regents pursuant to Chapter
1713. of the Revised Code;

(3)
Any elementary or secondary school operated by a board of education;

(4)
Any chartered or nonchartered nonpublic elementary or secondary
school;

(5)
Any school issued a certificate of registration by the state board of
career colleges and schools.

Sec.
955.44.
All
fines collected for violations of sections

955.02, 955.09, 955.10,

955.11,
955.21
955.12
,

955.22
955.21,
955.24
,

955.23,
955.25,

and 955.261 of the Revised Code shall be deposited in the county
treasury to the credit of the dog and kennel fund.

Sec.
955.50.
(A)
No person shall sell, offer to sell, or expose for sale, for the
purpose of resale or receive for delivery within this state, or ship
from any point within this state to any point outside this state, for
sale to the general public at retail, any dog under the age of eight
weeks.

(B)
No person shall receive from outside this state, or ship from any
point within this state to any point outside this state, for sale to
the general public at retail, any dog that is not accompanied by a
certificate, issued by a licensed veterinarian who is accredited by
the United States department of agriculture and authorized to issue
health certificates for animals in interstate commerce, certifying
that the dog is sufficiently sound and healthy to be reasonably
expected to withstand the intended transportation without adverse
effect.

(C)
This section does not apply to the transportation of dogs in
interstate commerce by common carrier, provided that neither the
point of shipment nor the point of receiving is within this state.

(D)
No person responsible for the transportation of a pregnant dog to any
point within this state or from any point within this state to any
point outside this state shall be liable in damages for any injury to
or illness of, or the death of, the dog or any puppies,
whenevr

whenever

the injury, illness, or death results from the birth of such puppies
during the time the dog is being transported.

(E)
Whoever recklessly violates this section is guilty of a minor
misdemeanor on a first offense and of a misdemeanor of the fourth
degree on each subsequent offense.

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

May 22, 2012,

or 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,

shall knowingly own, possess, have custody of, or reside in a
residence with
either

any

of
the following for a period of three 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

that

the

person's
final release from the other sanctions imposed for
person
plead guilty to or was convicted of
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
or
vicious dog
under
Chapter 955. of the Revised Code
;

(3)
Any dog that does not have a permanently implanted microchip that has
an identification number that is unique to the microchip
.

(B)

A
person described in division (A) of this section shall 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
.

(C)
Whoever recklessly violates this section is guilty of a misdemeanor
of the first degree.

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 both of the following:

(1)
A citation to the applicable provision or provisions of law at issue;

(2)
Contact information for the authorized person.

(C)
The authorized person shall post the notice on the door of the
dwelling at which the dog resides within twenty-four hours after the
authorized person concludes the investigation.

Sec.
959.132.
(A)
As used in this section:

"Companion
animal" has the same meaning as in section 959.131 of the
Revised Code.

"Impounding
agency" means a county humane society organized under section
1717.05 of the Revised Code, an animal shelter, or a law enforcement
agency that has impounded a companion animal in accordance with this
section.

"Offense"
means a violation of Chapter 959. of the Revised Code or an attempt,
in violation of section 2923.02 of the Revised Code, to violate
Chapter 959. of the Revised Code.

"Officer"
means any law enforcement officer, humane society agent, or other
person appointed to act as an animal control officer for a municipal
corporation or township in accordance with state law, an ordinance,
or a resolution.

(B)
An officer may seize and cause to be impounded at an impounding
agency an animal that the officer has probable cause to believe is
the subject of an offense. No officer or impounding agency shall
impound an animal that is the subject of an offense in a shelter
owned, operated, or controlled by a board of county commissioners
pursuant to Chapter 955. of the Revised Code unless the board, by
resolution, authorizes the impoundment of such an animal in a shelter
owned, operated, or controlled by that board and has executed, in the
case when the officer is other than a dog warden or assistant dog
warden, a contract specifying the terms and conditions of the
impoundment.

(C)
The officer shall give written notice of the seizure and impoundment
to the owner, keeper, or harborer of the animal not later than
twenty-four hours after the animal was seized and impounded. If the
officer is unable to give the notice to the owner, keeper, or
harborer of the animal, the officer shall post the notice on the door
of the residence or in another conspicuous place on the premises at
which the animal was seized. The notice shall include a statement
that a hearing will be held not later than ten days after the notice
is provided or at the next available court date to determine whether
the officer had probable cause to seize the animal and, if
applicable, to determine the amount of a bond or cash deposit that is
needed to provide for the animal's care and keeping for not less than
thirty days beginning on the date on which the animal was impounded.

(D)
An animal that is seized under this section may be humanely destroyed
immediately or at any time during impoundment if a licensed
veterinarian determines it to be necessary because the animal is
suffering.

(E)(1)
Not later than ten days after notice is provided or at the next
available court date, the court shall hold a hearing to determine
whether the officer impounding an animal had probable cause to seize
the animal. If the court determines that probable cause exists, the
court shall determine the amount of a bond or cash deposit that is
necessary and reasonable to provide for the animal's care and keeping
for not less than thirty days beginning on the date on which the
animal was impounded.

(2)
If the court determines that probable cause does not exist, the court
immediately shall order the impounding agency to return the animal to
its owner if possible. If the animal cannot be returned because it
has died as a result of neglect or other misconduct by the impounding
agency or if the animal is injured as a result of neglect or other
misconduct by the impounding agency, the court shall order the
impounding agency to pay the owner an amount determined by the court
to be equal to the reasonable market value of the animal at the time
that it was impounded plus statutory interest as defined in section
1343.03 of the Revised Code from the date of the impoundment or an
amount determined by the court to be equal to the reasonable cost of
treatment of the injury to the animal, as applicable. The requirement
established in division (E)(2) of this section regarding the payment
of the reasonable market value of the animal shall not apply in the
case of a dog that, in violation of section
955.01

955.02

of
the Revised Code, was not registered at the time it was seized and
impounded.

(3)
If the court determines that probable cause exists and determines the
amount of a bond or cash deposit, the case shall continue and the
owner shall post a bond or cash deposit to provide for the animal's
care and keeping for not less than thirty days beginning on the date
on which the animal was impounded. The owner may renew a bond or cash
deposit by posting, not later than ten days following the expiration
of the period for which a previous bond or cash deposit was posted, a
new bond or cash deposit in an amount that the court, in consultation
with the impounding agency, determines is necessary and reasonable to
provide for the animal's care and keeping for not less than thirty
days beginning on the date on which the previous period expired. If
no bond or cash deposit is posted or if a bond or cash deposit
expires and is not renewed, the impounding agency may determine the
disposition of the animal unless the court issues an order that
specifies otherwise.

(F)
If a person is convicted of committing an offense, the court may
impose the following additional penalties against the person:

(1)
A requirement that the person pay for the costs incurred by the
impounding agency in caring for an animal involved in the applicable
offense, provided that the costs were incurred during the animal's
impoundment. A bond or cash deposit posted under this section may be
applied to the costs.

(2)
An order permanently terminating the person's right to possession,
title, custody, or care of the animal that was involved in the
offense. If the court issues such an order, the court shall order the
disposition of the animal.

(G)
If a person is found not guilty of committing an offense, the court
immediately shall order the impounding agency to return the animal to
its owner if possible and to return the entire amount of any bond or
cash deposit posted under division (E) of this section. If the animal
cannot be returned because it has died as a result of neglect or
other misconduct by the impounding agency or if the animal is injured
as a result of neglect or other misconduct by the impounding agency,
the court shall order the impounding agency to pay the owner an
amount determined by the court to be equal to the reasonable market
value of the animal at the time that it was impounded plus statutory
interest as defined in section 1343.03 of the Revised Code from the
date of the impoundment or an amount determined by the court to be
equal to the reasonable cost of treatment of the injury to the
animal, as applicable. The requirements established in this division
regarding the return of a bond or cash deposit and the payment of the
reasonable market value of the animal shall not apply in the case of
a dog that, in violation of section
955.01

955.02

of
the Revised Code, was not registered at the time it was seized and
impounded.

(H)
If charges are filed under section 959.131 of the Revised Code
against the custodian or caretaker of a companion animal, but the
companion animal that is the subject of the charges is not impounded,
the court in which the charges are pending may order the owner or
person having custody of the companion animal to provide to the
companion animal the necessities described in division (D)(2),
(D)(3), (E)(2), (E)(3), (F)(2), or (F)(3) of section 959.131 of the
Revised Code until the final disposition of the charges. If the court
issues an order of that nature, the court also may authorize an
officer or another person to visit the place where the companion
animal is being kept, at the times and under the conditions that the
court may set, to determine whether the companion animal is receiving
those necessities and to remove and impound the companion animal if
the companion animal is not receiving those necessities.

Sec.
1533.12.
(A)(1)
Except as otherwise provided in division (A)(2) of this section,
every person on active duty in the armed forces of the United States
who is stationed in this state and who wishes to engage in an
activity for which a license, permit, or stamp is required under this
chapter first shall obtain the requisite license, permit, or stamp.
Such a person is eligible to obtain a resident hunting or fishing
license regardless of whether the person qualifies as a resident of
this state. To obtain a resident hunting or fishing license, the
person shall present a card or other evidence identifying the person
as being on active duty in the armed forces of the United States and
as being stationed in this state.

(2)
Every person on active duty in the armed forces of the United States,
while on leave or furlough, may take or catch fish of the kind
lawfully permitted to be taken or caught within the state, may hunt
any wild bird or wild quadruped lawfully permitted to be hunted
within the state, and may trap fur-bearing animals lawfully permitted
to be trapped within the state, without procuring a fishing license,
a hunting license, a fur taker permit, or a wetlands habitat stamp
required by this chapter, provided that the person shall carry on the
person when fishing, hunting, or trapping, a card or other evidence
identifying the person as being on active duty in the armed forces of
the United States, and provided that the person is not otherwise
violating any of the hunting, fishing, and trapping laws of this
state.

In
order to hunt deer or wild turkey, any such person shall obtain a
deer or wild turkey permit, as applicable, under section 1533.11 of
the Revised Code. Such a person is eligible to obtain a deer or wild
turkey permit at the resident rate, regardless of whether the person
is a resident of this state. However, the person need not obtain a
hunting license in order to obtain such a permit.

(B)
The chief of the division of wildlife shall provide by rule adopted
under section 1531.10 of the Revised Code all of the following:

(1)
Every resident of this state with a disability that has been
determined by the veterans administration to be permanently and
totally disabling, who receives a pension or compensation from the
veterans administration, and who received an honorable discharge from
the armed forces of the United States, and every veteran to whom the
registrar of motor vehicles has issued a set of license plates under
section 4503.41 of the Revised Code, shall be issued a fishing
license, hunting license, fur taker permit, deer or wild turkey
permit, or wetlands habitat stamp, or any combination of those
licenses, permits, and stamp, free of charge on an annual,
multi-year, or lifetime basis as determined appropriate by the chief
when application is made to the chief in the manner prescribed by and
on forms provided by the chief.

(2)
Every resident of the state who was born on or before December 31,
1937, shall be issued an annual fishing license, hunting license, fur
taker permit, deer or wild turkey permit, or wetlands habitat stamp,
or any combination of those licenses, permits, and stamp, free of
charge when application is made to the chief in the manner prescribed
by and on forms provided by the chief.

(3)
Every resident of state or county institutions, charitable
institutions, and military homes in this state shall be issued an
annual fishing license free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the chief.

(4)
As used in division (B)(4) of this section, "blind" and
"person with a mobility impairment" have the same meanings
as in section
955.011

955.021

of
the Revised Code.

Any
person with a mobility impairment or blind person who is a resident
of this state and who is unable to engage in fishing without the
assistance of another person shall be issued an annual fishing
license free of charge when application is made to the chief in the
manner prescribed by and on forms provided by the chief. The person
who is assisting the person with a mobility impairment or blind
person may assist in taking or catching fish of the kind permitted to
be taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line is
used by both persons.

(5)
As used in division (B)(5) of this section, "prisoner of war"
means any regularly appointed, enrolled, enlisted, or inducted member
of the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.

Any
person who has been a prisoner of war, was honorably discharged from
the military forces, and is a resident of this state shall be issued
a fishing license, hunting license, fur taker permit, or wetlands
habitat stamp, or any combination of those licenses, permits, and
stamp, free of charge on an annual, multi-year, or lifetime basis as
determined appropriate by the chief when application is made to the
chief in the manner prescribed by and on forms provided by the chief.

(C)
The chief shall adopt rules pursuant to section 1531.08 of the
Revised Code designating not more than two days, which need not be
consecutive, in each year as "free sport fishing days" on
which any resident may exercise the privileges accorded the holder of
a fishing license issued under section 1533.32 of the Revised Code
without procuring such a license, provided that the person is not
otherwise violating any of the fishing laws of this state.

Sec.
1901.18.
(A)
Except as otherwise provided in this division or section 1901.181 of
the Revised Code, subject to the monetary jurisdiction of municipal
courts as set forth in section 1901.17 of the Revised Code, a
municipal court has original jurisdiction within its territory in all
of the following actions or proceedings and to perform all of the
following functions:

(1)
In any civil action, of whatever nature or remedy, of which judges of
county courts have jurisdiction;

(2)
In any action or proceeding at law for the recovery of money or
personal property of which the court of common pleas has
jurisdiction;

(3)
In any action at law based on contract, to determine, preserve, and
enforce all legal and equitable rights involved in the contract, to
decree an accounting, reformation, or cancellation of the contract,
and to hear and determine all legal and equitable remedies necessary
or proper for a complete determination of the rights of the parties
to the contract;

(4)
In any action or proceeding for the sale of personal property under
chattel mortgage, lien, encumbrance, or other charge, for the
foreclosure and marshalling of liens on personal property of that
nature, and for the rendering of personal judgment in the action or
proceeding;

(5)
In any action or proceeding to enforce the collection of its own
judgments or the judgments rendered by any court within the territory
to which the municipal court has succeeded, and to subject the
interest of a judgment debtor in personal property to satisfy
judgments enforceable by the municipal court;

(6)
In any action or proceeding in the nature of interpleader;

(7)
In any action of replevin;

(8)
In any action of forcible entry and detainer;

(9)
In any action concerning the issuance and enforcement of temporary
protection orders pursuant to section 2919.26 of the Revised Code or
protection orders pursuant to section 2903.213 of the Revised Code or
the enforcement of protection orders issued by courts of another
state, as defined in section 2919.27 of the Revised Code;

(10)
If the municipal court has a housing or environmental division, in
any action over which the division is given jurisdiction by section
1901.181 of the Revised Code, provided that, except as specified in
division (B) of that section, no judge of the court other than the
judge of the division shall hear or determine any action over which
the division has jurisdiction;

(11)
In any action brought pursuant to division (I) of section 4781.40 of
the Revised Code, if the residential premises that are the subject of
the action are located within the territorial jurisdiction of the
court;

(12)
In any civil action as described in division (B)(1) of section
3767.41 of the Revised Code that relates to a public nuisance, and,
to the extent any provision of this chapter conflicts or is
inconsistent with a provision of that section, the provision of that
section shall control in the civil action;

(13)
In a proceeding brought pursuant to section
955.222

955.23

of
the Revised Code by the owner of a dog that has been designated as a
nuisance dog, dangerous dog, or vicious dog;

(14)
In every civil action concerning a violation of a state traffic law
or a municipal traffic ordinance.

(B)
The Cleveland municipal court also shall have jurisdiction within its
territory in all of the following actions or proceedings and to
perform all of the following functions:

(1)
In all actions and proceedings for the sale of real property under
lien of a judgment of the municipal court or a lien for machinery,
material, or fuel furnished or labor performed, irrespective of
amount, and, in those actions and proceedings, the court may proceed
to foreclose and marshal all liens and all vested or contingent
rights, to appoint a receiver, and to render personal judgment
irrespective of amount in favor of any party.

(2)
In all actions for the foreclosure of a mortgage on real property
given to secure the payment of money or the enforcement of a specific
lien for money or other encumbrance or charge on real property, when
the amount claimed by the plaintiff does not exceed fifteen thousand
dollars and the real property is situated within the territory, and,
in those actions, the court may proceed to foreclose all liens and
all vested and contingent rights and may proceed to render judgments
and make findings and orders between the parties in the same manner
and to the same extent as in similar actions in the court of common
pleas.

(3)
In all actions for the recovery of real property situated within the
territory to the same extent as courts of common pleas have
jurisdiction;

(4)
In all actions for injunction to prevent or terminate violations of
the ordinances and regulations of the city of Cleveland enacted or
promulgated under the police power of the city of Cleveland, pursuant
to Section 3 of Article XVIII, Ohio Constitution, over which the
court of common pleas has or may have jurisdiction, and, in those
actions, the court may proceed to render judgments and make findings
and orders in the same manner and to the same extent as in similar
actions in the court of common pleas.

(C)
As used in this section, "violation of a state traffic law or a
municipal traffic ordinance" has the same meaning as in section
1901.20 of the Revised Code.

Sec.
1907.031.
(A)
Except as otherwise provided in section 1907.03 of the Revised Code
and in addition to the jurisdiction authorized in other sections of
this chapter and in section 1909.11 of the Revised Code, a county
court has original jurisdiction within its district in all of the
following actions or proceedings and to perform all of the following
functions:

(1)
In an action or proceeding at law for the recovery of money or
personal property of which the court of common pleas has
jurisdiction;

(2)
In an action at law based on contract, to determine, preserve, and
enforce all legal and equitable rights involved in the contract, to
decree an accounting, reformation, or cancellation of the contract,
and to hear and determine all legal and equitable remedies necessary
or proper for a complete determination of the rights of the parties
to the contract;

(3)
In an action or proceeding for the sale of personal property under
chattel mortgage, lien, encumbrance, or other charge, for the
foreclosure and marshalling of liens on the personal property, and
for the rendering of personal judgment in the action or proceeding;

(4)
In an action or proceeding to enforce the collection of its own
judgments and to subject the interest of a judgment debtor in
personal property to satisfy judgments enforceable by the county
court;

(5)
In an action or proceeding in the nature of interpleader;

(6)
In an action of forcible entry and detainer;

(7)
In a proceeding brought pursuant to section
955.222

955.23

of
the Revised Code by the owner of a dog that has been designated as a
nuisance dog, dangerous dog, or vicious dog;

(8)
In every civil action or proceeding concerning a violation of a state
traffic law or a municipal traffic ordinance.

(B)
A county court has original jurisdiction in civil actions as
described in division (B)(1) of section 3767.41 of the Revised Code
that relate to a public nuisance. To the extent any provision of this
chapter conflicts or is inconsistent with a provision of that
section, the provision of that section shall control in such a civil
action.

(C)
As used in this section, "violation of a state traffic law or a
municipal traffic ordinance" has the same meaning as in section
1901.20 of the Revised Code.

Sec.
2913.01.
As
used in this chapter, unless the context requires that a term be
given a different meaning:

(A)
"Deception" means knowingly deceiving another or causing
another to be deceived by any false or misleading representation, by
withholding information, by preventing another from acquiring
information, or by any other conduct, act, or omission that creates,
confirms, or perpetuates a false impression in another, including a
false impression as to law, value, state of mind, or other objective
or subjective fact.

(B)
"Defraud" means to knowingly obtain, by deception, some
benefit for oneself or another, or to knowingly cause, by deception,
some detriment to another.

(C)
"Deprive" means to do any of the following:

(1)
Withhold property of another permanently, or for a period that
appropriates a substantial portion of its value or use, or with
purpose to restore it only upon payment of a reward or other
consideration;

(2)
Dispose of property so as to make it unlikely that the owner will
recover it;

(3)
Accept, use, or appropriate money, property, or services, with
purpose not to give proper consideration in return for the money,
property, or services, and without reasonable justification or excuse
for not giving proper consideration.

(D)
"Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is the owner of, who
has possession or control of, or who has any license or interest in
property or services, even though the ownership, possession, control,
license, or interest is unlawful.

(E)
"Services" include labor, personal services, professional
services, rental services, public utility services including wireless
service as defined in division (F)(1) of section 128.01 of the
Revised Code, common carrier services, and food, drink,
transportation, entertainment, and cable television services and, for
purposes of section 2913.04 of the Revised Code, include cable
services as defined in that section.

(F)
"Writing" means any computer software, document, letter,
memorandum, note, paper, plate, data, film, or other thing having in
or upon it any written, typewritten, or printed matter, and any
token, stamp, seal, credit card, badge, trademark, label, or other
symbol of value, right, privilege, license, or identification.

(G)
"Forge" means to fabricate or create, in whole or in part
and by any means, any spurious writing, or to make, execute, alter,
complete, reproduce, or otherwise purport to authenticate any
writing, when the writing in fact is not authenticated by that
conduct.

(H)
"Utter" means to issue, publish, transfer, use, put or send
into circulation, deliver, or display.

(I)
"Coin machine" means any mechanical or electronic device
designed to do both of the following:

(1)
Receive a coin, bill, or token made for that purpose;

(2)
In return for the insertion or deposit of a coin, bill, or token,
automatically dispense property, provide a service, or grant a
license.

(J)
"Slug" means an object that, by virtue of its size, shape,
composition, or other quality, is capable of being inserted or
deposited in a coin machine as an improper substitute for a genuine
coin, bill, or token made for that purpose.

(K)
"Theft offense" means any of the following:

(1)
A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05,
2913.06, 2913.08, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,
2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47,
2913.48, former section 2913.47 or 2913.48, or section 2913.51,
2915.05, or 2921.41 of the Revised Code;

(2)
A violation of an existing or former municipal ordinance or law of
this or any other state, or of the United States, substantially
equivalent to any section listed in division (K)(1) of this section
or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised
Code as it existed prior to July 1, 1996;

(3)
An offense under an existing or former municipal ordinance or law of
this or any other state, or of the United States, involving robbery,
burglary, breaking and entering, theft, embezzlement, wrongful
conversion, forgery, counterfeiting, deceit, or fraud;

(4)
A conspiracy or attempt to commit, or complicity in committing, any
offense under division (K)(1), (2), or (3) of this section.

(L)
"Computer services" includes, but is not limited to, the
use of a computer system, computer network, computer program, data
that is prepared for computer use, or data that is contained within a
computer system or computer network.

(M)
"Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but
is not limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or related,
in a computer system or network to an electronic device of that
nature.

(N)
"Computer system" means a computer and related devices,
whether connected or unconnected, including, but not limited to, data
input, output, and storage devices, data communications links, and
computer programs and data that make the system capable of performing
specified special purpose data processing tasks.

(O)
"Computer network" means a set of related and remotely
connected computers and communication facilities that includes more
than one computer system that has the capability to transmit among
the connected computers and communication facilities through the use
of computer facilities.

(P)
"Computer program" means an ordered set of data
representing coded instructions or statements that, when executed by
a computer, cause the computer to process data.

(Q)
"Computer software" means computer programs, procedures,
and other documentation associated with the operation of a computer
system.

(R)
"Data" means a representation of information, knowledge,
facts, concepts, or instructions that are being or have been prepared
in a formalized manner and that are intended for use in a computer,
computer system, or computer network. For purposes of section 2913.47
of the Revised Code, "data" has the additional meaning set
forth in division (A) of that section.

(S)
"Cable television service" means any services provided by
or through the facilities of any cable television system or other
similar closed circuit coaxial cable communications system, or any
microwave or similar transmission service used in connection with any
cable television system or other similar closed circuit coaxial cable
communications system.

(T)
"Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system, or computer network, or any
cable service or cable system both as defined in section 2913.04 of
the Revised Code.

(U)
"Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account for
the purpose of obtaining money, property, labor, or services on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued
under section 301.29 of the Revised Code.

(V)
"Electronic fund transfer" has the same meaning as in 92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.

(W)
"Rented property" means personal property in which the
right of possession and use of the property is for a short and
possibly indeterminate term in return for consideration; the rentee
generally controls the duration of possession of the property, within
any applicable minimum or maximum term; and the amount of
consideration generally is determined by the duration of possession
of the property.

(X)
"Telecommunication" means the origination, emission,
dissemination, transmission, or reception of data, images, signals,
sounds, or other intelligence or equivalence of intelligence of any
nature over any communications system by any method, including, but
not limited to, a fiber optic, electronic, magnetic, optical,
digital, or analog method.

(Y)
"Telecommunications device" means any instrument,
equipment, machine, or other device that facilitates
telecommunication, including, but not limited to, a computer,
computer network, computer chip, computer circuit, scanner,
telephone, cellular telephone, pager, personal communications device,
transponder, receiver, radio, modem, or device that enables the use
of a modem.

(Z)
"Telecommunications service" means the providing, allowing,
facilitating, or generating of any form of telecommunication through
the use of a telecommunications device over a telecommunications
system.

(AA)
"Counterfeit telecommunications device" means a
telecommunications device that, alone or with another
telecommunications device, has been altered, constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information service without the authority or consent of the provider
of the telecommunications service or information service.
"Counterfeit telecommunications device" includes, but is
not limited to, a clone telephone, clone microchip, tumbler
telephone, or tumbler microchip; a wireless scanning device capable
of acquiring, intercepting, receiving, or otherwise facilitating the
use of telecommunications service or information service without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number in a wireless telephone.

(BB)(1)
"Information service" means, subject to division (BB)(2) of
this section, the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making
available information via telecommunications, including, but not
limited to, electronic publishing.

(2)
"Information service" does not include any use of a
capability of a type described in division (BB)(1) of this section
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.

(CC)
"Elderly person" means a person who is sixty-five years of
age or older.

(DD)
"Disabled adult" means a person who is eighteen years of
age or older and has some impairment of body or mind that makes the
person unable to work at any substantially remunerative employment
that the person otherwise would be able to perform and that will,
with reasonable probability, continue for a period of at least twelve
months without any present indication of recovery from the
impairment, or who is eighteen years of age or older and has been
certified as permanently and totally disabled by an agency of this
state or the United States that has the function of so classifying
persons.

(EE)
"Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code.

(FF)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code.

(GG)
"Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code.

(HH)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.

(II)(1)
"Computer hacking" means any of the following:

(a)
Gaining access or attempting to gain access to all or part of a
computer, computer system, or a computer network without express or
implied authorization with the intent to defraud or with intent to
commit a crime;

(b)
Misusing computer or network services including, but not limited to,
mail transfer programs, file transfer programs, proxy servers, and
web servers by performing functions not authorized by the owner of
the computer, computer system, or computer network or other person
authorized to give consent. As used in this division, "misuse of
computer and network services" includes, but is not limited to,
the unauthorized use of any of the following:

(i)
Mail transfer programs to send mail to persons other than the
authorized users of that computer or computer network;

(ii)
File transfer program proxy services or proxy servers to access other
computers, computer systems, or computer networks;

(iii)
Web servers to redirect users to other web pages or web servers.

(c)(i)
Subject to division (II)(1)(c)(ii) of this section, using a group of
computer programs commonly known as "port scanners" or
"probes" to intentionally access any computer, computer
system, or computer network without the permission of the owner of
the computer, computer system, or computer network or other person
authorized to give consent. The group of computer programs referred
to in this division includes, but is not limited to, those computer
programs that use a computer network to access a computer, computer
system, or another computer network to determine any of the
following: the presence or types of computers or computer systems on
a network; the computer network's facilities and capabilities; the
availability of computer or network services; the presence or
versions of computer software including, but not limited to,
operating systems, computer services, or computer contaminants; the
presence of a known computer software deficiency that can be used to
gain unauthorized access to a computer, computer system, or computer
network; or any other information about a computer, computer system,
or computer network not necessary for the normal and lawful operation
of the computer initiating the access.

(ii)
The group of computer programs referred to in division (II)(1)(c)(i)
of this section does not include standard computer software used for
the normal operation, administration, management, and test of a
computer, computer system, or computer network including, but not
limited to, domain name services, mail transfer services, and other
operating system services, computer programs commonly called "ping,"
"tcpdump," and "traceroute" and other network
monitoring and management computer software, and computer programs
commonly known as "nslookup" and "whois" and
other systems administration computer software.

(d)
The intentional use of a computer, computer system, or a computer
network in a manner that exceeds any right or permission granted by
the owner of the computer, computer system, or computer network or
other person authorized to give consent.

(2)
"Computer hacking" does not include the introduction of a
computer contaminant, as defined in section 2909.01 of the Revised
Code, into a computer, computer system, computer program, or computer
network.

(JJ)
"Police dog or horse" has the same meaning as in section
2921.321 of the Revised Code.

(KK)
"Anhydrous ammonia" is a compound formed by the combination
of two gaseous elements, nitrogen and hydrogen, in the manner
described in this division. Anhydrous ammonia is one part nitrogen to
three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen
parts nitrogen to three parts hydrogen, which is approximately
eighty-two per cent nitrogen to eighteen per cent hydrogen.

(LL)
"Assistance dog" has the same meaning as in section
955.011

955.021

of
the Revised Code.

(MM)
"Federally licensed firearms dealer" has the same meaning
as in section 5502.63 of the Revised Code.

(NN)
"Active duty service member" means any member of the armed
forces of the United States performing active duty under title 10 of
the United States Code.

Sec.
2921.321.
(A)
No person shall knowingly cause, or attempt to cause, physical harm
to a police dog or horse in either of the following circumstances:

(1)
The police dog or horse is assisting a law enforcement officer in the
performance of the officer's official duties at the time the physical
harm is caused or attempted.

(2)
The police dog or horse is not assisting a law enforcement officer in
the performance of the officer's official duties at the time the
physical harm is caused or attempted, but the offender has actual
knowledge that the dog or horse is a police dog or horse.

(B)
No person shall recklessly do any of the following:

(1)
Taunt, torment, or strike a police dog or horse;

(2)
Throw an object or substance at a police dog or horse;

(3)
Interfere with or obstruct a police dog or horse, or interfere with
or obstruct a law enforcement officer who is being assisted by a
police dog or horse, in a manner that does any of the following:

(a)
Inhibits or restricts the law enforcement officer's control of the
police dog or horse;

(b)
Deprives the law enforcement officer of control of the police dog or
horse;

(c)
Releases the police dog or horse from its area of control;

(d)
Enters the area of control of the police dog or horse without the
consent of the law enforcement officer, including placing food or any
other object or substance into that area;

(e)
Inhibits or restricts the ability of the police dog or horse to
assist a law enforcement officer.

(4)
Engage in any conduct that is likely to cause serious physical injury
or death to a police dog or horse;

(5)
If the person is the owner, keeper, or harborer of a dog, fail to
reasonably restrain the dog from taunting, tormenting, chasing,
approaching in a menacing fashion or apparent attitude of attack, or
attempting to bite or otherwise endanger a police dog or horse that
at the time of the conduct, the police dog or horse is assisting a
law enforcement officer in the performance of the officer's duties or
that the person knows is a police dog or horse.

(C)
No person shall knowingly cause, or attempt to cause, physical harm
to an assistance dog in either of the following circumstances:

(1)
The dog, at the time the physical harm is caused or attempted, is
assisting or serving a person who is blind, deaf, or hearing impaired
or a person with a mobility impairment.

(2)
The dog, at the time the physical harm is caused or attempted, is not
assisting or serving a person who is blind, deaf, or hearing impaired
or a person with a mobility impairment, but the offender has actual
knowledge that the dog is an assistance dog.

(D)
No person shall recklessly do any of the following:

(1)
Taunt, torment, or strike an assistance dog;

(2)
Throw an object or substance at an assistance dog;

(3)
Interfere with or obstruct an assistance dog, or interfere with or
obstruct a person who is blind, deaf, or hearing impaired or a person
with a mobility impairment who is being assisted or served by an
assistance dog, in a manner that does any of the following:

(a)
Inhibits or restricts the assisted or served person's control of the
dog;

(b)
Deprives the assisted or served person of control of the dog;

(c)
Releases the dog from its area of control;

(d)
Enters the area of control of the dog without the consent of the
assisted or served person, including placing food or any other object
or substance into that area;

(e)
Inhibits or restricts the ability of the dog to assist the assisted
or served person.

(4)
Engage in any conduct that is likely to cause serious physical injury
or death to an assistance dog;

(5)
If the person is the owner, keeper, or harborer of a dog, fail to
reasonably restrain the dog from taunting, tormenting, chasing,
approaching in a menacing fashion or apparent attitude of attack, or
attempting to bite or otherwise endanger an assistance dog that at
the time of the conduct is assisting or serving a person who is
blind, deaf, or hearing impaired or a person with a mobility
impairment or that the person knows is an assistance dog.

(E)(1)
Whoever violates division (A) of this section is guilty of assaulting
a police dog or horse, and shall be punished as provided in divisions
(E)(1)(a) and (b) of this section.

(a)
Except as otherwise provided in this division, assaulting a police
dog or horse is a misdemeanor of the second degree. If the violation
results in the death of the police dog or horse, assaulting a police
dog or horse is a felony of the third degree and the court shall
impose as a mandatory prison term one of the definite prison terms
prescribed in division (A)(3)(b) of section 2929.14 of the Revised
Code for a felony of the third degree. If the violation results in
serious physical harm to the police dog or horse other than its
death, assaulting a police dog or horse is a felony of the fourth
degree. If the violation results in physical harm to the police dog
or horse other than death or serious physical harm, assaulting a
police dog or horse is a misdemeanor of the first degree.

(b)
In addition to any other sanction imposed for assaulting a police dog
or horse, if the violation of division (A) of this section results in
the death of the police dog or horse, the sentencing court shall
impose as a financial sanction a mandatory fine under division
(B)(10) of section 2929.18 of the Revised Code. The fine shall be
paid to the law enforcement agency that was served by the police dog
or horse that was killed, and shall be used by that agency only for
one or more of the following purposes:

(i)
If the dog or horse was not owned by the agency, the payment to the
owner of the dog or horse of the cost of the dog or horse and the
cost of the training of the dog or horse to qualify it as a police
dog or horse, if that cost has not previously been paid by the
agency;

(ii)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of replacing the dog or
horse that was killed;

(iii)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of training the
replacement dog or horse to qualify it as a police dog or horse;

(iv)
After payment of the costs described in division (E)(1)(b)(i) of this
section, if applicable, payment of the cost of further training of
the replacement dog or horse that is needed to train it to the level
of training that had been achieved by the dog or horse that was
killed.

(2)
Whoever violates division (B) of this section is guilty of harassing
a police dog or horse. Except as otherwise provided in this division,
harassing a police dog or horse is a misdemeanor of the second
degree. If the violation results in the death of the police dog or
horse, harassing a police dog or horse is a felony of the third
degree. If the violation results in serious physical harm to the
police dog or horse, but does not result in its death, harassing a
police dog or horse, is a felony of the fourth degree. If the
violation results in physical harm to the police dog or horse, but
does not result in its death or in serious physical harm to it,
harassing a police dog or horse is a misdemeanor of the first degree.

(3)
Whoever violates division (C) of this section is guilty of assaulting
an assistance dog. Except as otherwise provided in this division,
assaulting an assistance dog is a misdemeanor of the second degree.
If the violation results in the death of the assistance dog,
assaulting an assistance dog is a felony of the third degree. If the
violation results in serious physical harm to the assistance dog
other than its death, assaulting an assistance dog is a felony of the
fourth degree. If the violation results in physical harm to the
assistance dog other than death or serious physical harm, assaulting
an assistance dog is a misdemeanor of the first degree.

(4)
Whoever violates division (D) of this section is guilty of harassing
an assistance dog. Except as otherwise provided in this division,
harassing an assistance dog is a misdemeanor of the second degree. If
the violation results in the death of the assistance dog, harassing
an assistance dog is a felony of the third degree. If the violation
results in serious physical harm to the assistance dog, but does not
result in its death, harassing an assistance dog is a felony of the
fourth degree. If the violation results in physical harm to the
assistance dog, but does not result in its death or in serious
physical harm to it, harassing an assistance dog is a misdemeanor of
the first degree.

(5)
In addition to any other sanction or penalty imposed for the offense
under this section, Chapter 2929., or any other provision of the
Revised Code, whoever violates division (A), (B), (C), or (D) of this
section is responsible for the payment of all of the following:

(a)
Any veterinary bill or bill for medication incurred as a result of
the violation by the police department regarding a violation of
division (A) or (B) of this section or by the person who is blind,
deaf, or hearing impaired or the person with a mobility impairment
assisted or served by the assistance dog regarding a violation of
division (C) or (D) of this section;

(b)
The cost of any damaged equipment that results from the violation;

(c)
If the violation did not result in the death of the police dog or
horse or the assistance dog that was the subject of the violation and
if, as a result of that dog or horse being the subject of the
violation, the dog or horse needs further training or retraining to
be able to continue in the capacity of a police dog or horse or an
assistance dog, the cost of any further training or retraining of
that dog or horse by a law enforcement officer or by the person who
is blind, deaf, or hearing impaired or the person with a mobility
impairment assisted or served by the assistance dog;

(d)
If the violation resulted in the death of the assistance dog that was
the subject of the violation or resulted in serious physical harm to
the police dog or horse or the assistance dog or horse that was the
subject of the violation to the extent that the dog or horse needs to
be replaced on either a temporary or a permanent basis, the cost of
replacing that dog or horse and of any further training of a new
police dog or horse or a new assistance dog by a law enforcement
officer or by the person who is blind, deaf, or hearing impaired or
the person with a mobility impairment assisted or served by the
assistance dog, which replacement or training is required because of
the death of or the serious physical harm to the dog or horse that
was the subject of the violation.

(F)
This section does not apply to a licensed veterinarian whose conduct
is in accordance with Chapter 4741. of the Revised Code.

(G)
This section only applies to an offender who knows or should know at
the time of the violation that the police dog or horse or assistance
dog that is the subject of a violation under this section is a police
dog or horse or an assistance dog.

(H)
As used in this section:

(1)
"Physical harm" means any injury, illness, or other
physiological impairment, regardless of its gravity or duration.

(2)
"Police dog or horse" means a dog or horse that has been
trained, and may be used, to assist law enforcement officers in the
performance of their official duties.

(3)
"Serious physical harm" means any of the following:

(a)
Any physical harm that carries a substantial risk of death;

(b)
Any physical harm that causes permanent maiming or that involves some
temporary, substantial maiming;

(c)
Any physical harm that causes acute pain of a duration that results
in substantial suffering.

(4)
"Assistance dog," "blind," and "person with
a mobility impairment" have the same meanings as in section

955.011

955.021

of
the Revised Code.

Section
2.
That
existing sections 304.02, 304.03, 715.23, 901.80, 935.03, 955.01,
955.011, 955.012, 955.013, 955.02, 955.03, 955.04, 955.05, 955.06,
955.07, 955.09, 955.10, 955.11, 955.12, 955.121, 955.14, 955.16,
955.20, 955.22, 955.221, 955.222, 955.26, 955.261, 955.40, 955.43,
955.44, 955.50, 955.54, 959.132, 1533.12, 1901.18, 1907.031, 2913.01,
and 2921.321 of the Revised Code are hereby repealed.

Section
3.
That
sections 955.08, 955.21, 955.23, 955.24, 955.25, 955.39, 955.51,
955.52, 955.53, and 955.99 of the Revised Code are hereby repealed.

Section
4.
The
owner of a dog who holds a valid dangerous dog registration
certificate for the dog that was issued under division (I) of section
955.22 of the Revised Code as that section existed prior to its
amendment by this act shall renew the certificate beginning on the
first day of December of the year in which this section takes effect,
but not later than the thirty-first day of January of the subsequent
year regardless of when the owner would have been required to renew
the certificate under former law. Except as otherwise provided in
this section, the owner shall file the application in accordance with
section 955.02 of the Revised Code as amended by this act.

If
the renewal required by this section results in a reduction of the
registration period for which the owner paid fifty dollars under
former law, the owner shall pay a registration fee for the renewal
required by this section in an amount that is prorated as determined
by the county auditor of the county in which the owner resides.
Thereafter, the owner shall renew the dangerous dog registration
certificate in accordance with section 955.02 of the Revised Code as
amended by this act.