AS PASSED BY THE SENATE


117th General Assembly
Regular Session

Am. Sub. H.B. No.352
1987 - 1988

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

Section 1. That Section 955.11, and 955.22 be amended to read as follows:

SEC. 955.11 ORC

(4) (a) "VICIOUS DOG" MEANS A DOG THAT WITHOUT PROVOCATION AND SUBJECT TO DIVISION (A) (b) OF THIS SECTION, MEETS ANY OF THE FOLLOWING:

(i) HAS KILLED OR CAUSED SERIOUS INJURY TO ANY PERSON

(ii) HAS CAUSED INJURY, OTHER THAN KILLING OR SERIOUS INJURY, TO ANY PERSON, OR HAS KILLED ANOTHER DOG.

(iii) BELONGS TO A BREED THAT IS COMMONLY KNOWN AS A PIT BULL DOG. tHE OWNERSHIP, KEEPING, OR HARBORING OF SUCH A BREED OF DOG SHALL BE PRIMA-FACIA EVIDENCE OF THE OWNERSHIP, KEEPING, OR HARBORING OF A "VICIOUS DOG".

SEC. 955.22 ORC

(A) AS USED IN THIS SECTION, "DANGEROUS DOG" AND "VICIOUS DOG" HAVE THE SAME MEANING AS IN SEC 955.11 OF THE REVISED CODE.

(D) NO OWNER, KEEPER, OR HARBORER OF A DANGEROUS OR VICIOUS DOG SHALL FAIL TO DO EITHER OF THE FOLLOWING:

(1) WHILE THAT DOG IS ON THE PREMISES OF THE OWNER, KEEPER, OR HARBORER, SECURELY CONFINE IT AL ALL TIMES IN A LOCKED PEN WHICH HAS A TOP, LOCKED FENCED YARD, OR OTHER LOCKED ENCLOSURE WHICH HAS A TOP.

(2) WHILE THAT DOG IS OFF THE PREMISE OF THE OWNER, KEEPER, OR HARBORER, KEEP IT ON A CHAIN-LINK LEASH OR TETHER THAT IS NOT MORE THAN SIX FEET IN LENGTH AND ADDITIONALLY DO AS LEAST ONE OF THE FOLLOWING:

(a) KEEP THAT DOG IN A LOCKED PEN WHICH HAS A TOP, LOCKED FENCED YARD, OR OTHER LOCKED ENCLOSURE WHICH HAS A TOP.

(b) HAVE THE LEASH OR TETHER CONTROLLED BY A PERSON WHO IS OF SUITABLE AGE AND DISCRETION OR SECURELY ATTACHED, TIE OR AFFIX THE LEASH OR TETHER TO THEGROUND OR A STATIONARY OBJECT OR FIXTURE SO THAT THE DOG IS ADEQUATELY RESTRAINED AND STATIONED WITH A PERSON IN CLOSE PROXIMITY TO THAT DOG SO AS TO PREVENT IT FROM CAUSING INJURY TO ANY PERSON.

(c) MUZZLE THAT DOG.

(E) NO OWNER, KEEPER, OR HARBORER OF A VICIOUS DOG SHALL FAIL TO OBTAIN LIABILITY INSURANCE WITH AN INSURER AUTHORIZED TO WRITE LIABILITY INSURANCE IN THIS STATE PROVIDING COVERAGE IN EACH OCCURANCE, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, OF NOT LESS THAN FIFTY THOUSAND DOLLARS BECAUSE OF DAMAGE OR BODILY INJURY TO OR DEATH OF A PERSON CAUSED BY THE VICIOUS DOG.

SEC. 955.99 PENALTIES

(G) IF A VIOLATION OF DIVISION (D) OF SECTION 955.22 OF THE OHIO REVISED CODE INVOLVES A "VICIOUS DOG", WHOEVER VIOLATES THAT DIVISION IS GUILTY OF ONE OF THE FOLLOWING:

(1) A FELONY OF THE FOURTH DEGREE ON A FIRST OR SUSEQUENT OFFENCE IF THE DOG KILLS OR SERIOUSLY INJURES A PERSON. ADDITIONALLY, THE COURT SHALL ORDER THAT THE VICIOUS DOG BE HUMANELY DESTROYED BY A LICENSED VETERNARIAN, THE COUNTY DOG WARDEN, OR THE COUNTY HUMANE SOCIETY.

(2) A MISDEMEANER OF THE FIRST DEGREE ON A FIRST OFFENCE AND A FELONY OF THE FOURTH DEGREE ON EACH SUBSEQUENT OFFENCE. ADDITIONALLY, THE COURT MAY ORDER THE VICIOUS DOG TO BE HUMANELY DESTROYED BY A LICENSED VETERNARIAN, THE COUNTY DOG WARDEN, OR THE COUNTY HUMANE SOCIETY.
3 A MISDEMEANER OF THE FIRST DEGREE IF THE DOG CAUSES INJURY OTHER THAN KILLING OR SERIOUS INJURY, TO ANY PERSON.

(H) WHOEVER VIOLATES DIVISION (E) OF SEC 955.22 OF THE OHIO REVISED CODE IS GUILTY OF A MISDEMEANER OF THE FIRST DEGREE.