Bill Text: OH HB124 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To establish licensing requirements and standards of care for certain dog breeding kennels, dog intermediaries, and animal rescues for dogs.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2009-04-08 - To Agriculture & Natural Resources [HB124 Detail]

Download: Ohio-2009-HB124-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 124

Representatives Hagan, Weddington 

Cosponsors: Representatives Harris, Ujvagi, Yuko, Combs, Heard, Skindell, Patten, Letson, Winburn, Williams, B., DeGeeter, Foley, Chandler, Celeste, Slesnick, Brown, Bacon 

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A BILL

To amend sections 955.02, 955.10, 955.12, 955.20,

1

955.26, and 1901.183 and to enact sections 956.01,

2

956.011, 956.02 to 956.08, 956.081, 956.09 to

3

956.20, 956.98, and 956.99 of the Revised Code to

4

establish licensing requirements and standards of

5

care for certain dog breeding kennels, dog

6

intermediaries, and animal rescues for dogs.

7

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

Section 1.  That sections 955.02, 955.10, 955.12, 955.20,	8
955.26, and 1901.183 be amended and sections 956.01, 956.011,	9
956.02, 956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.081,	10
956.09, 956.10, 956.11, 956.12, 956.13, 956.14, 956.15, 956.16,	11
956.17, 956.18, 956.19, 956.20, 956.98, and 956.99 of the Revised	12
Code be enacted to read as follows:	13

Sec. 955.02. AAs used in this chapter, "dog kennel" or	14
"kennel owner is a person, partnership, firm, company, or	15
corporation professionally engaged in the business" means an	16
establishment that keeps, houses, and maintains adult dogs, as	17
defined in section 956.01 of the Revised Code, for the purpose of	18
breeding the dogs for hunting or for a fee or other consideration	19
received through a sale, exchange, or lease and that is not a	20
regulated dog breeding kennel licensed under Chapter 956. of the	21
Revised Code.	22

Sec. 955.10.  No owner of a dog, except a dog constantly	23
confined to a registereddog kennel registered under this chapter	24
or a regulated dog breeding kennel licensed under Chapter 956. of	25
the Revised Code, shall fail to require the dog to wear, at all	26
times, a valid tag issued in connection with a certificate of	27
registration. A dog's failuredog found not wearing at any time to	28
wear a valid tag shall be prima-facie evidence of lack of	29
registration and shall subject any dog found not wearing such a	30
tag to impounding, sale, or destruction.	31

Sec. 955.12.  The board of county commissioners shall appoint	32
or employ a county dog warden and deputies in such number, for	33
such periods of time, and at such compensation as the board	34
considers necessary to enforce sections 955.01 to 955.27, 955.29	35
to 955.38, and 955.50 to 955.53 of the Revised Code.	36

The warden and deputies shall give bond in a sum not less	37
than five hundred dollars and not more than two thousand dollars,	38
as set by the board, conditioned for the faithful performance of	39
their duties. The bond or bonds may, in the discretion of the	40
board, be individual or blanket bonds. The bonds shall be filed	41
with the county auditor of their respective counties.	42

The warden and deputies shall make a record of all dogs	43
owned, kept, and harbored in their respective counties. They shall	44
patrol their respective counties and seize and impound on sight	45
all dogs found running at large and all dogs more than three	46
months of age found not wearing a valid registration tag, except	47
any dog that wears a valid registration tag and is: on the	48
premises of its owner, keeper, or harborer, under the reasonable	49
control of its owner or some other person, hunting with its owner	50
or its handler at a field trial, kept constantly confined in a	51
registered dog kennel registered under this chapter or a regulated	52
dog breeding kennel licensed under Chapter 956. of the Revised	53
Code, or acquired by, and confined on the premises of, an	54
institution or organization of the type described in section	55
955.16 of the Revised Code. A dog that wears a valid registration	56
tag may be seized on the premises of its owner, keeper, or	57
harborer and impounded only in the event of a natural disaster.	58

If a dog warden has reason to believe that a dog is being	59
treated inhumanely on the premises of its owner, keeper, or	60
harborer, the warden shall apply to the court of common pleas for	61
the county in which the premises are located for an order to enter	62
the premises, and if necessary, seize the dog. If the court finds	63
probable cause to believe that the dog is being treated	64
inhumanely, it shall issue such an order.	65

The warden and deputies shall also investigate all claims for	66
damages to animals reported to them under section 955.29 of the	67
Revised Code and assist claimants to fill out the claim form	68
therefor. They shall make weekly reports, in writing, to the	69
board in their respective counties of all dogs seized, impounded,	70
redeemed, and destroyed and of all claims for damage to animals	71
inflicted by dogs.	72

The wardens and deputies shall have the same police powers as	73
are conferred upon sheriffs and police officers in the performance	74
of their duties as prescribed by sections 955.01 to 955.27, 955.29	75
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	76
also have power to summon the assistance of bystanders in	77
performing their duties and may serve writs and other legal	78
processes issued by any court in their respective counties with	79
reference to enforcing those sections. County auditors may	80
deputize the wardens or deputies to issue dog licenses as	81
provided in sections 955.01 and 955.14 of the Revised Code.	82

Whenever any person files an affidavit in a court of	83
competent jurisdiction that there is a dog running at large that	84
is not kept constantly confined either in a registered dog kennel	85
registered under this chapter or a regulated dog breeding kennel	86
licensed under Chapter 956. of the Revised Code or on the	87
premises of an institution or organization of the type described	88
in section 955.16 of the Revised Code or that a dog is kept or	89
harbored in the warden's jurisdiction without being registered as	90
required by law, the court shall immediately order the warden to	91
seize and impound the dog. Thereupon the warden shall immediately	92
seize and impound the dog complained of. The warden shall give	93
immediate notice by certified mail to the owner, keeper, or	94
harborer of the dog seized and impounded by the warden, if the	95
owner, keeper, or harborer can be determined from the current	96
year's registration list maintained by the warden and the county	97
auditor of the county where the dog is registered, that the dog	98
has been impounded and that, unless the dog is redeemed within	99
fourteen days of the date of the notice, it may thereafter be	100
sold or destroyed according to law. If the owner, keeper, or	101
harborer cannot be determined from the current year's registration	102
list maintained by the warden and the county auditor of the county	103
where the dog is registered, the officer shall post a notice in	104
the pound or animal shelter both describing the dog and place	105
where seized and advising the unknown owner that, unless the dog	106
is redeemed within three days, it may thereafter be sold or	107
destroyed according to law.	108

As used in this section, "animal" has the same meaning as in	109
section 955.51 of the Revised Code.	110

Sec. 955.20.  The registration fees provided for in sections	111
955.01 to 955.14 of the Revised Code and money transferred to the	112
county under section 956.07 of the Revised Code constitute a	113
special fund known as "the dog and kennel fund." The fees shall	114
be deposited by the county auditor in the county treasury daily as	115
collected and. Money in the fund shall be used for the purpose of	116
defraying the cost of furnishing all blanks, records, tags, nets,	117
and other equipment, for the purpose of paying the compensation of	118
county dog wardens, deputies, poundkeepers, and other employees	119
necessary to carry out and enforce sections 955.01 to 955.261 of	120
the Revised Code, and for the payment of animal claims as provided	121
in sections 955.29 to 955.38 of the Revised Code, and in	122
accordance with section 955.27 of the Revised Code. The board of	123
county commissioners, by resolution, shall appropriate sufficient	124
funds out of the dog and kennel fund, not more than fifteen per	125
cent of which shall be expended by the auditor for registration	126
tags, blanks, records, and clerk hire, for the purpose of	127
defraying the necessary expenses of registering, seizing,	128
impounding, and destroying dogs in accordance with sections 955.01	129
to 955.27 of the Revised Code, and for the purpose of covering any	130
additional expenses incurred by the county auditor as authorized	131
by division (F)(3) of section 955.14 of the Revised Code.	132

If the funds so appropriated in any calendar year are found	133
by the board to be insufficient to defray the necessary cost and	134
expense of the county dog warden in enforcing sections 955.01 to	135
955.27 of the Revised Code, the board, by resolution so provided,	136
after setting aside a sum equal to the total amount of animal	137
claims paid orfiled in that calendar year, or an amount equal to	138
the total amount of animal claims paid or allowed the preceding	139
year, whichever amount is larger, may appropriate further funds	140
for the use and purpose of the county dog warden in administering	141
those sections.	142

Money received by a county under section 956.07 of the	143
Revised Code is subject to audit by the auditor of state.	144

Sec. 955.26.  Whenever, in the judgment of the director of	145
health, any city or general health district board of health, or	146
persons performing the duties of a board of health, rabies is	147
prevalent, the director of health, the board, or those persons	148
shall declare a quarantine of all dogs in the health district or	149
in a part of it. During the quarantine, the owner, keeper, or	150
harborer of any dog shall keep it confined on the premises of the	151
owner, keeper, or harborer, or in a suitable pound or, kennel, or	152
other suitable place, at the expense of the owner, keeper, or	153
harborer, except that a dog may be permitted to leave the premises	154
of its owner, keeper, or harborer if it is under leash or under	155
the control of a responsible person. The quarantine order shall be	156
considered an emergency and need not be published.	157

When the quarantine has been declared, the director of	158
health, the board, or those persons may require vaccination for	159
rabies of all dogs within the health district or part of it. Proof	160
of rabies vaccination within a satisfactory period shall be	161
demonstrated to the county auditor before any registration is	162
issued under section 955.01 of the Revised Code for any dog that	163
is required to be vaccinated.	164

The public health council shall determine appropriate methods	165
of rabies vaccination and satisfactory periods for purposes of	166
quarantines under this section.	167

When a quarantine of dogs has been declared in any health	168
district or part of a health district, the county dog warden and	169
all other persons having the authority of police officers shall	170
assist the health authorities in enforcing the quarantine order.	171
When rabies vaccination has been declared compulsory in any health	172
district or part of a health district, the dog warden shall assist	173
the health authorities in enforcing the vaccination order.	174

Notwithstanding the provisions of this section, a city or	175
general health district board of health may make orders pursuant	176
to sections 3709.20 and 3709.21 of the Revised Code requiring the	177
vaccination of dogs.	178

Sec. 956.01.  As used in this chapter:

179

(A) "Adult dog" means a dog that is twelve months of age or	180
older.	181

(B) "Animal rescue for dogs" means an individual or	182
organization recognized by the director of the kennel control	183
authority that keeps, houses, and maintains dogs and that is	184
dedicated to the welfare, health, safety, and protection of	185
dogs, provided that the individual or organization does not	186
operate for profit, does not sell dogs for a profit, does not	187
breed dogs, and does not purchase more than nine dogs in any given	188
calendar year unless the dogs are purchased from a dog warden	189
appointed under Chapter 955. of the Revised Code, a humane society	190
established under Chapter 1717. of the Revised Code, or another	191
animal rescue for dogs. "Animal rescue for dogs" includes an	192
individual or organization that offers dogs for adoption and	193
charges reasonable adoption fees approved by the director of	194
the authority under this chapter to cover the costs of the	195
individual or organization, including, but not limited to,	196
costs related to spaying or neutering dogs.	197

(C) "Animal shelter for dogs" means a facility that keeps,	198
houses, and maintains dogs and that is operated by a humane	199
society established under Chapter 1717. of the Revised Code,	200
animal welfare society, society for the prevention of cruelty to	201
animals, or other nonprofit organization that is devoted to the	202
welfare, protection, and humane treatment of dogs and other	203
animals.	204

(D) "Boarding kennel" means an establishment operating for	205
profit that keeps, houses, and maintains dogs solely for the	206
purpose of providing shelter, care, and feeding of the dogs in	207
return for a fee or other consideration.	208

(E) "Breeding dog" means an unneutered, unspayed dog that is	209
primarily harbored or housed on property that is the dog's	210
primary residence.	211

(F) "Regulated dog breeding kennel" means an establishment	212
that keeps, houses, and maintains adult breeding dogs that produce	213
either at least nine litters of puppies or at least forty puppies	214
in any given calendar year and, in return for a fee or other	215
consideration, sells, exchanges, or leases adult dogs or puppies.	216

(G) "Regulated dog intermediary" means a person who buys,	217
sells, offers to sell, donates, gives, or exchanges more than	218
nine dogs annually in this state or who sells or gives one or	219
more dogs to a pet store annually. "Regulated dog intermediary"	220
does not include an animal rescue for dogs, an animal shelter	221
for dogs, a humane society established under Chapter 1717. of	222
the Revised Code, a medical kennel for dogs, a research kennel	223
for dogs, or a veterinarian.	224

(H) "Enclosure, crate, or cage" does not include an	225
enclosure, crate, or cage that is used during the transportation	226
of a dog or used for medical purposes.	227

(I) "Environmental division of the Franklin county municipal	228
court" means the environmental division of the Franklin county	229
municipal court created in section 1901.011 of the Revised Code.	230

(J) "Medical kennel for dogs" means a facility that is	231
maintained by a veterinarian and operated primarily for the	232
treatment of sick or injured dogs.	233

(K) "Pet store" means a retail store that sells dogs to the	234
public.	235

(L) "Puppy" means a dog that is under twelve months of age.

236

(M) "Research kennel for dogs" means a facility housing dogs	237
that is maintained exclusively for research purposes.	238

(N) "Veterinarian" means a veterinarian licensed under	239
Chapter 4741. of the Revised Code.	240

Sec. 956.011.  Medical kennels for dogs, research kennels for	241
dogs, and veterinarians are not required to obtain a license	242
under this chapter or comply with any other requirements of this	243
chapter and rules adopted under it.	244

Sec. 956.02.  There is hereby created the kennel control	245
authority for the purpose of administering this chapter and	246
rules adopted under it by the director of the authority and	247
ensuring the welfare and humane treatment of dogs and their	248
offspring in accordance with this chapter and rules adopted	249
under it. The kennel control authority board created in section	250
956.18 of the Revised Code shall designate a suitable individual	251
as director of the authority, who shall serve at the board's	252
pleasure.	253

The director may contract with any political subdivision of	254
the state to assist the director and the director's authorized	255
representatives in administering and enforcing this chapter and	256
the rules adopted under it.	257

Sec. 956.03.  The director of the kennel control authority	258
shall adopt rules in accordance with Chapter 119. of the Revised	259
Code establishing all of the following:	260

(A) Requirements and procedures governing regulated dog	261
breeding kennels, including the licensing and inspection of and	262
record keeping by regulated dog breeding kennels, in addition to	263
the requirements and procedures established in this chapter. The	264
rules shall require that a regulated dog breeding kennel be	265
assigned a license number and that a regulated dog breeding kennel	266
provide the license number and the applicable vendor number	267
assigned by the department of taxation whenever it solicits	268
business or it is solicited for business. In addition, the rules	269
shall require any other person to provide such a vendor number	270
when soliciting to sell an adult dog or a puppy or when solicited	271
for such a sale.	272

(B) Requirements and procedures for conducting background	273
investigations of each applicant for a license issued under	274
section 956.04 of the Revised Code in order to determine if the	275
applicant has been convicted of or pleaded guilty to any of the	276
violations specified in division (H) of that section. The rules	277
shall provide that background investigations shall be conducted	278
solely by the attorney general on behalf of the kennel control	279
authority. The rules shall establish procedures for annually	280
updating background investigation information regarding an	281
applicant after an initial background investigation has been	282
conducted with respect to an initial application for a license	283
submitted under that section.	284

(C) Requirements and procedures governing regulated dog	285
intermediaries, including the licensing of and record keeping by	286
regulated dog intermediaries, in addition to the requirements and	287
procedures established in this chapter. The rules shall require	288
that a regulated dog intermediary be assigned a license number and	289
that a regulated dog intermediary provide the license number and	290
the applicable vendor number assigned by the department of	291
taxation whenever it solicits business or it is solicited for	292
business.	293

(D) Requirements and procedures governing animal rescues for	294
dogs, including the licensing and inspection of and record keeping	295
by animal rescues for dogs, in addition to the requirements and	296
procedures established in this chapter;	297

(E) The form of applications for licenses issued under this	298
chapter and the information that is required to be submitted in	299
the applications. The rules shall require an animal rescue for	300
dogs to provide in an application for a license the name and	301
address of each foster home that it utilizes.	302

(F) A requirement that each regulated dog breeding kennel	303
submit to the director, with an application for a regulated dog	304
breeding kennel license, evidence of insurance or, in the	305
alternative, evidence of a surety bond payable to the authority	306
to ensure compliance with this chapter and rules adopted under	307
it. The face value of the insurance coverage or bond shall be in	308
the following amounts:	309

(1) Five thousand dollars for regulated dog breeding kennels	310
keeping, housing, and maintaining not more than twenty-five adult	311
dogs;	312

(2) Ten thousand dollars for regulated dog breeding kennels	313
keeping, housing, and maintaining at least twenty-six adult dogs,	314
but not more than fifty adult dogs;	315

(3) Fifty thousand dollars for regulated dog breeding kennels	316
keeping, housing, and maintaining more than fifty adult dogs.	317

The rules shall require that the insurance be payable to the	318
state or that the surety bond be subject to redemption by the	319
state, as applicable, upon a suspension or revocation of a	320
regulated dog breeding kennel license for the purpose of paying	321
for the maintenance and care of dogs that are seized or otherwise	322
impounded from the regulated dog breeding kennel in accordance	323
with this chapter.	324

(G) Procedures for inspections conducted under section 956.10	325
of the Revised Code in addition to the procedures established in	326
that section, and procedures for making records of the	327
inspections;	328

(H) Requirements and procedures that are necessary to	329
implement and enforce the requirements pertaining to pet stores	330
that are established in section 956.19 of the Revised Code;	331

(I)(1) A requirement that an in-state retailer or direct	332
seller of a puppy or adult dog provide to the purchaser the	333
complete name, address, and telephone number of all regulated dog	334
breeding kennels, regulated dog intermediaries, and private	335
owners that kept, housed, or maintained the puppy or adult dog	336
prior to its coming into the possession of the retailer or direct	337
seller, or proof that the puppy or adult dog was acquired through	338
an animal rescue for dogs, animal shelter for dogs, or humane	339
society established under Chapter 1717. of the Revised Code, or a	340
valid health certificate from the state of origin pertaining to	341
the puppy or adult dog;	342

(2) A requirement that an out-of-state retailer or direct	343
seller of a puppy or adult dog that is conducting business in this	344
state provide to the purchaser a valid health certificate from the	345
state of origin pertaining to the puppy or adult dog and the	346
complete name, address, and telephone number of all dog breeding	347
kennels, sellers, and private owners that kept, housed, or	348
maintained the puppy or adult dog prior to its coming into the	349
possession of the retailer or direct seller or proof that the	350
puppy or adult dog was acquired through an animal rescue for	351
dogs, animal shelter for dogs, or humane society in this state or	352
another state.	353

(J) A requirement that a person who advertises the sale of a	354
puppy or adult dog include with the advertisement the person's	355
vendor number assigned by the tax commissioner if the sale of the	356
puppy or dog is subject to the tax levied under Chapter 5739. of	357
the Revised Code;	358

(K) Requirements and procedures governing the registration of	359
litters under section 956.20 of the Revised Code;	360

(L) A requirement that a licensed regulated dog breeding	361
kennel and a licensed regulated dog intermediary comply with	362
Chapter 5739. of the Revised Code. The rules shall authorize the	363
director to suspend or revoke a license for failure to comply with	364
that chapter. The director shall work in conjunction with the tax	365
commissioner for the purposes of this division.	366

(M) Any other requirements and procedures that are determined	367
by the commission to be necessary for the administration and	368
enforcement of this chapter and rules adopted under it.	369

Sec. 956.04.  (A)(1) No person shall operate a regulated dog	370
breeding kennel in this state without a regulated dog breeding	371
kennel license issued by the director of the kennel control	372
authority in accordance with this section and rules adopted	373
under section 956.03 of the Revised Code.	374

(2) The director shall not issue a license under this	375
section unless the director determines that the applicant will	376
operate or will continue to operate the regulated dog breeding	377
kennel in accordance with this chapter and rules adopted under	378
it.	379

(B) In determining whether an establishment is a regulated	380
dog breeding kennel requiring a license under this chapter, the	381
director shall determine if, in any given year, the establishment	382
is a regulated dog breeding kennel as defined in section 956.01 of	383
the Revised Code. All facilities that are located at an individual	384
postal address shall be licensed as one regulated dog breeding	385
kennel. Not more than one license shall be issued under this	386
section for any given postal address.	387

(C) A person who is proposing to operate a new regulated dog	388
breeding kennel, at least ninety days prior to the operation of	389
the regulated dog breeding kennel, shall submit an application for	390
a license to the director. The application shall be submitted in	391
the form and with the information required by rules adopted under	392
section 956.03 of the Revised Code and shall include with it at	393
least all of the following:	394

(1) An affidavit signed under oath or solemn affirmation of	395
the number of adult dogs that are kept, housed, and maintained by	396
the applicant at the location that is the subject of the	397
application;	398

(2) An estimate of the number of puppies to be kept, housed,	399
and maintained and of the number of litters of puppies or total	400
number of puppies to be produced during the annual term of the	401
license;	402

(3) Photographic evidence documenting the facilities where	403
dogs will be kept, housed, and maintained by the applicant. The	404
kennel control authority may conduct an inspection of the	405
facilities that are the subject of an application in addition to	406
reviewing photographic evidence submitted by an applicant for a	407
license.	408

(4) A signed release permitting the performance of a	409
background investigation regarding the applicant in accordance	410
with rules adopted under section 956.03 of the Revised Code;	411

(5) The names and addresses and any other identifying	412
information required by rules adopted under section 956.03 of the	413
Revised Code of all persons who will have custody of or control	414
over dogs kept by the applicant.	415

(D) During the month of December, but before the first day of	416
January of the next year, a person who is proposing to continue	417
the operation of a regulated dog breeding kennel shall obtain a	418
license for the regulated dog breeding kennel from the director	419
for the following year. The person shall submit the application to	420
the director on or before the last day of November of the year	421
preceding the year for which the license is sought.	422

(E) The owner or operator of a regulated dog breeding kennel	423
that is in operation on the effective date of this section shall	424
submit to the director an application for a regulated dog	425
breeding kennel license not later than three months after the	426
effective date of this section. The director shall issue or deny	427
the application for a license within ninety days after the	428
receipt of the completed application.	429

(F) A person who has received a license under this section,	430
upon sale or other disposition of the regulated dog breeding	431
kennel, may have the license transferred to another person with	432
the consent of the director, provided that the transferee	433
otherwise qualifies to be licensed as a regulated dog breeding	434
kennel under this chapter and rules adopted under it and does not	435
have a certified unpaid debt to the state.	436

(G) An applicant for a license issued under this section	437
shall demonstrate that the regulated dog breeding kennel that is	438
the subject of the application complies with the standards of care	439
and other standards established under this chapter.	440

(H) No person shall be licensed as or operate a regulated dog	441
breeding kennel who has been convicted of or pleaded guilty to	442
violating section 959.01, 959.02, 959.03, 959.13, 959.131,	443
959.15, or 959.16 of the Revised Code or an equivalent municipal	444
ordinance, law of another state, or law of the federal government	445
or has been convicted of or pleaded guilty to violating more than	446
once section 2919.25 of the Revised Code or an equivalent	447
municipal ordinance, law of another state, or law of the federal	448
government.	449

Sec. 956.05.  (A)(1) No person shall act as or perform the	450
functions of a regulated dog intermediary in this state without a	451
regulated dog intermediary license issued by the director of the	452
kennel control authority in accordance with this section and rules	453
adopted under section 956.03 of the Revised Code.	454

(2) The director shall not issue a license under this	455
section unless the director determines that the applicant will	456
act as or perform the functions of a regulated dog intermediary	457
in accordance with this chapter and rules adopted under it.	458

(B) A person who is proposing to act as or perform the	459
functions of a regulated dog intermediary shall submit an	460
application for a license to the director. During the month of	461
December, but before the first day of January of the next year, a	462
person who is proposing to continue to act as or perform the	463
functions of a regulated dog intermediary shall obtain a license	464
from the director for the following year. The person shall submit	465
the application to the director on or before the last day of	466
November of the year preceding the year for which the license is	467
sought.	468

(C) A person who is acting as or performing the functions of	469
a regulated dog intermediary on the effective date of this section	470
shall submit to the director an application for a regulated dog	471
intermediary license not later than three months after the	472
effective date of this section. The director shall issue or deny	473
the application for a license within ninety days after the	474
receipt of the completed application.	475

(D) No person shall be licensed as or act as or perform the	476
functions of a regulated dog intermediary who has been convicted	477
of or pleaded guilty to violating section 959.01, 959.02, 959.03,	478
959.13, 959.131, 959.15, or 959.16 of the Revised Code or an	479
equivalent municipal ordinance, law of another state, or law of	480
the federal government or has been convicted of or pleaded guilty	481
to violating more than once section 2919.25 of the Revised Code	482
or an equivalent municipal ordinance, law of another state, or	483
law of the federal government.	484

Sec. 956.06. (A) No person shall operate an animal rescue for	485
dogs without a license to do so issued by the director of the	486
kennel control authority in accordance with rules adopted under	487
section 956.03 of the Revised Code. No license application fee	488
shall be charged to an animal rescue for dogs. The director shall	489
maintain a database of all persons that are licensed to operate	490
an animal rescue for dogs in this state.	491

(B) No person shall be licensed as or operate an animal	492
rescue for dogs who has been convicted of or pleaded guilty to	493
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15,	494
or 959.16 of the Revised Code or an equivalent municipal	495
ordinance, law of another state, or law of the federal government	496
or has been convicted of or pleaded guilty to violating more than	497
once section 2919.25 of the Revised Code or an equivalent	498
municipal ordinance, law of another state, or law of the federal	499
government.	500

Sec. 956.07. (A) A person who is applying for a license to	501
operate a regulated dog breeding kennel or to act as or perform	502
the functions of a regulated dog intermediary under section 956.04	503
or 956.05 of the Revised Code, as applicable, shall include with	504
the application for a license a nonrefundable license application	505
fee as follows:	506

(1) For a regulated dog breeding kennel:

507

(a) One hundred fifty dollars if breeding dogs at the	508
regulated dog breeding kennel annually produce at least nine, but	509
not more than fifteen litters or, if fewer than nine litters are	510
produced, at least forty puppies are produced in a calendar year	511
at the kennel;	512

(b) Two hundred fifty dollars if breeding dogs at the	513
regulated dog breeding kennel annually produce at least sixteen,	514
but not more than twenty-five litters;	515

(c) Three hundred fifty dollars if breeding dogs at the	516
regulated dog breeding kennel annually produce at least	517
twenty-six, but not more than thirty-five litters;	518

(d) Five hundred dollars if breeding dogs at the regulated	519
dog breeding kennel annually produce at least thirty-six, but not	520
more than forty-five litters;	521

(e) Seven hundred fifty dollars if breeding dogs at the	522
regulated dog breeding kennel annually produce forty-six or more	523
litters.	524

(2) For a regulated dog intermediary, five hundred dollars.

525

(B) The owner of a boarding kennel shall register the	526
boarding kennel with the director of the kennel control authority	527
by paying an annual fee of fifty dollars.	528

(C) Money collected by the director from application and	529
registration fees submitted under this section shall be	530
transmitted by the director to the treasurer of state to be	531
credited to the regulated dog breeding kennel control license	532
fund created in section 956.17 of the Revised Code. However, the	533
treasurer of state shall transfer to the county in which a	534
regulated dog breeding kennel is or will be located fifty	535
dollars of the application fee received from the person who is	536
applying for a license to operate the regulated dog breeding	537
kennel or an amount equal to the fee charged on January 1, 2009,	538
by the county for the registration of a kennel under section	539
955.04 of the Revised Code, whichever is greater. The county	540
auditor shall deposit the money in the county's dog and kennel	541
fund created in accordance with section 955.20 of the Revised	542
Code.	543

Sec. 956.08. No person operating a regulated dog breeding	544
kennel or acting as or performing the functions of a regulated dog	545
intermediary shall do any of the following:	546

(A) Fail to keep or confine a dog in accordance with one of	547
the following:	548

(1) In an indoor enclosure with an attached outdoor enclosure	549
that is accessible to the dog, provided that not more than three	550
dogs are kept or confined in the indoor or outdoor enclosure at	551
any one time. For dogs that weigh less than twenty pounds, the	552
indoor enclosure shall be at least four feet by four feet with an	553
attached outdoor enclosure of at least four feet by eight feet.	554
For dogs that weigh at least twenty pounds, but less than	555
fifty-one pounds, the indoor enclosure shall be at least four feet	556
by six feet with an attached outdoor enclosure of at least four	557
feet by twelve feet. For dogs that weigh fifty-one pounds or more,	558
the indoor enclosure shall be at least four feet by eight feet	559
with an attached outdoor enclosure of at least four feet by	560
sixteen feet.	561

(2) In an indoor enclosure with no attached outdoor	562
enclosure, but with an exercise period in an outdoor enclosure	563
that is provided at least two hours each day, provided that not	564
more than three dogs are kept or confined in the indoor or outdoor	565
enclosure at any one time. For dogs that weigh less than twenty	566
pounds, the indoor enclosure shall be at least four feet by four	567
feet, and outdoor exercise shall take place in an enclosed area	568
that is at least ten feet by ten feet. For dogs that weigh at	569
least twenty pounds, but less than fifty-one pounds, the indoor	570
enclosure shall be at least four feet by six feet, and outdoor	571
exercise shall take place in an enclosed area that is at least	572
twenty feet by twenty feet. For dogs that weigh fifty-one pounds	573
or more, the indoor enclosure shall be at least four feet by eight	574
feet, and outdoor exercise shall take place in an enclosed area	575
that is at least forty feet by forty feet.	576

For purposes of complying with division (A)(2) of this	577
section, an indoor enclosure may be utilized for exercise when	578
weather does not permit access to an outdoor enclosure. However,	579
the indoor exercise enclosure shall comply with the size	580
requirements that are established in this division for outdoor	581
enclosures that are used for exercise. In addition, exercise is	582
not required for a dog that has an illness and for which exercise	583
would be detrimental to recovering from the illness. In addition,	584
for purposes of complying with division (A)(2) of this section,	585
enclosures may be stacked on top of one another, but there shall	586
be a nonporous barrier separating the floor and ceiling of	587
stacked enclosures.	588

(B) Keep or confine dogs in an enclosure, crate, or cage that	589
are incompatible based on observation;	590

(C) Keep or confine more than three adult dogs in one	591
enclosure, crate, or cage;	592

(D) Keep or confine a female dog in heat in the same	593
enclosure, crate, or cage with a sexually mature male dog except	594
for the time period that is necessary for breeding the female dog;	595

(E) Keep or confine a female dog that is nursing in an	596
enclosure, crate, or cage with another adult dog;	597

(F) Keep or confine a dog in an enclosure, crate, or cage	598
without access to either natural or artificial light during	599
daytime hours;	600

(G) Keep or confine a dog in an enclosure, crate, or cage	601
outdoors unless the dog has access at all times to a dry insulated	602
indoor shelter or dog house with clean straw or other nontoxic	603
insulating material in an amount that is sufficient to permit the	604
dog to burrow under the straw or material while at the same time	605
using the straw or material as bedding;	606

(H) Keep or confine a dog in an enclosure, crate, or cage if	607
urine or feces have accumulated beyond an amount that is expected	608
to accumulate in a normal twenty-four-hour period or, if the dog	609
is a female dog with a litter, in a normal twelve-hour period;	610

(I) Keep or confine a dog in an enclosure, crate, or cage	611
without access to clean unfrozen water at all times unless the dog	612
is being used for hunting or sledding, in which case access to	613
clean unfrozen water shall be provided not less than one time per	614
eight-hour period. Water shall be provided to a dog in an open	615
bowl or container that is not a drip bottle or limited intake	616
mechanism.	617

(J) Keep or confine a dog in an enclosure, crate, or cage	618
without access to adequate and wholesome food on a daily basis so	619
as to ensure a proper and healthy weight unless medically	620
contraindicated;	621

(K) Keep or confine a dog in an enclosure, crate, or cage	622
with flooring material that is incapable of being cleaned or	623
sanitized or that is likely to cause injury to the pads of a dog's	624
feet;	625

(L) Keep or confine a dog in an enclosure, crate, or cage	626
without providing a solid, nonporous surface, free from moisture	627
or feces, that comprises at least fifty per cent of the floor of	628
the enclosure, crate, or cage. The solid surface may include soft	629
bedding. Female dogs with litters and puppies twelve weeks of age	630
or less shall be housed in an enclosure, crate, or cage with a	631
solid, nonporous surface, free from moisture or feces, that	632
comprises one hundred per cent of the floor of the enclosure,	633
crate, or cage. Nonporous surfaces shall not be made of metal.	634

(M) Keep or confine a dog in an enclosure, crate, or cage in	635
unsanitary conditions;	636

(N) Keep or confine a dog in an enclosure, crate, or cage	637
that is in contact with or in the immediate vicinity of any animal	638
with a diagnosed or suspected disease that is contagious to dogs;	639

(O) Keep or confine a dog in an enclosure, crate, or cage	640
without adequate ventilation;	641

(P) Keep or confine a dog in an enclosure, crate, or cage	642
without providing shelter from the elements;	643

(Q) Keep or confine a dog in an outdoor run or kennel where	644
shade is not provided during the months of May through September.	645
The shade so provided shall provide a reduction of temperature of	646
at least five degrees from nonshaded areas.	647

(R) Keep or confine a dog in an indoor enclosure, crate, or	648
cage where the temperature is below fifty degrees fahrenheit or	649
over ninety degrees fahrenheit;	650

(S) Fail to equip a kennel with a smoke alarm and provide a	651
means of fire suppression such as a sprinkler system or fire	652
extinguishers in all kennel housing units;	653

(T) Fail to keep the area around a kennel in good repair,	654
clean, and free from accumulations of junk, waste products, and	655
discarded materials to protect dogs from injury and to prevent	656
infestation by rodents or other pests. Weeds, grasses, bushes, and	657
trees shall be controlled at the property on which a kennel is	658
located to allow for effective pest control and to protect the	659
health and safety of the dogs that are housed at the kennel.	660

(U) Fail to provide a dog with at least two hours per day of	661
interaction with other dogs, provided that the dog is not sick and	662
does not present a risk of illness to other dogs;	663

(V) Fail to sanitize food and water receptacles at least	664
every two weeks or more often if necessary to prevent an	665
accumulation of dirt, debris, food waste, excreta, and other	666
disease hazards;	667

(W) Fail to provide a dog with appropriate veterinary care	668
and treatment for any disease, illness, or injury;	669

(X) Fail to provide a breeding dog with a clean whelping box	670
when needed;	671

(Y) Fail to trim an adult dog's nails so that there is	672
curling or an impairment of the dog's gait;	673

(Z) Fail to provide regular care to a dog to prevent matting	674
of fur from fecal matter or bodily fluids;	675

(AA) Fail to provide a dog with appropriate protection from	676
fleas, ticks, biting insects, and stinging insects or treatment	677
for worms if the dog is so afflicted;	678

(BB) Fail to provide an adult dog with appropriate	679
vaccinations as determined by the dog's veterinarian;	680

(CC) Fail to provide each puppy that is three months of age	681
or older with appropriate phase-in booster vaccines if	682
determined necessary by the puppy's veterinarian;	683

(DD) Fail to provide heartworm preventative to a breeding dog	684
as determined by the dog's veterinarian;	685

(EE) Fail to ensure that a dog in the person's possession or	686
control requiring euthanization is euthanized by a veterinarian or	687
a person under the direct supervision of a veterinarian;	688

(FF) Fail to ensure that a dog that is being euthanized is	689
not left unattended between the commencement of the process and	690
death;	691

(GG) Beat or brutalize a dog within the person's custody or	692
control;	693

(HH) Fail to provide all dogs in a kennel with a manual	694
physical inspection at least once each week;	695

(II) Breed a dog that is less than eighteen months of age or	696
more than nine years of age or breed a female dog without a	697
certificate from a licensed veterinarian that the female dog is in	698
proper health for breeding;	699

(JJ) Permit a dog to have more than one litter per calendar	700
year;	701

(KK) Dock a dog's tail, crop a dog's ear, remove a dog's	702
claws, or debark a dog. Tail docking, ear cropping, the removal of	703
a dog's claws, or debarking shall only be conducted by a licensed	704
veterinarian.	705

(LL) Fail to prepare and implement a plan for the disposal of	706
waste that is generated by dogs at the kennel;	707

(MM) Keep a dog in an enclosure, crate, or cage that includes	708
exposed metal caging without a protective plastic or rubber	709
coating.	710

Divisions (A), (F), (G), (I), (J), (L), and (P) of this	711
section do not apply during the temporary transportation of a dog	712
from one location to another location.	713

Sec. 956.081. (A) On and after the effective date of this	714
section, no person shall sell a dog at a flea market, market day,	715
garage sale, conference, or other public place other than at a pet	716
store that is licensed under this chapter as a regulated dog	717
intermediary. This division does not prohibit the sale of dogs by	718
a licensed regulated dog breeding kennel or licensed regulated dog	719
intermediary at the location that is listed as the address of the	720
kennel or intermediary on the applicable license application	721
submitted by or on behalf of the kennel or intermediary.	722

(B) On and after two hundred seventy days after the effective	723
date of this section, no person shall sell a dog at an auction or	724
conduct an auction for the purpose of selling dogs. However, no	725
out-of-state resident shall sell a dog at an auction conducted in	726
this state on and after the effective date of this section.	727

(C) This section does not apply to adoption events that are	728
held by an animal rescue for dogs or an animal shelter for dogs.	729

Sec. 956.09. The director of the kennel control authority	730
shall appoint kennel control enforcement inspectors for the	731
purpose of enforcing the requirements and standards established	732
by this chapter and rules adopted under it and to act as	733
authorized agents of the authority. Inspectors shall serve at	734
the pleasure of the director and shall be employees of the	735
kennel control authority. Inspectors may issue citations and	736
orders that are necessary to enforce this chapter and rules	737
adopted under it. The director shall provide each kennel control	738
enforcement inspector with an identifying badge and an official	739
uniform. A kennel control enforcement inspector shall have	740
training in animal husbandry, kennel management, record keeping,	741
and first aid.	742

Sec. 956.10.  (A) At least once biennially, the director of	743
the kennel control authority or the director's authorized	744
representative shall inspect a regulated dog breeding kennel that	745
is subject to licensure under this chapter and rules adopted	746
under section 956.03 of the Revised Code to ensure compliance	747
with this chapter and rules adopted under it, including, but not	748
limited to, the standards of care established in section 956.08	749
of the Revised Code. In addition, upon a complaint, the director	750
may inspect an animal rescue for dogs to ensure compliance with	751
this chapter and rules adopted under section 956.03 of the Revised	752
Code, including, but not limited to, the standards of care	753
established in section 956.08 of the Revised Code. Inspections	754
shall be conducted without prior notification to the licensee	755
or persons associated with the licensee. In addition, upon the	756
request of a member of the public, a public official, an animal	757
rescue for dogs, or an animal shelter for dogs, the director or	758
the director's authorized representative shall inspect any	759
facility at which a person is acting as or performing the	760
functions of a regulated dog intermediary to ensure such	761
compliance.	762

The director or the director's authorized representative	763
shall inspect a boarding kennel when the director or the	764
director's authorized representative has received information	765
that the boarding kennel is breeding dogs and is subject to	766
licensure under this chapter and rules adopted under section	767
956.03 of the Revised Code.	768

Inspections shall be conducted in accordance with rules	769
adopted under section 956.03 of the Revised Code. A record of each	770
inspection shall be made by the inspector who is responsible for	771
the inspection in accordance with those rules.	772

(B) The director or the director's authorized	773
representative, upon proper identification and upon stating the	774
purpose and necessity of an inspection, may enter at reasonable	775
times on any public or private property, real or personal, to	776
inspect or investigate and to examine or copy records in order to	777
determine compliance with this chapter and rules adopted under	778
it. The director, the director's authorized representative, or	779
the attorney general upon the request of the director may apply	780
to the environmental division of the Franklin county municipal	781
court for an appropriate court order or search warrant as	782
necessary to achieve the purposes of this chapter and rules	783
adopted under it. A judge of that court may issue such a warrant.	784

(C) No owner or operator of a regulated dog breeding kennel,	785
person acting as or performing the functions of a regulated dog	786
intermediary, owner or operator of an animal rescue for dogs, or	787
owner or operator of a boarding kennel shall interfere with an	788
inspection or refuse to allow an inspector full access to all	789
areas where dogs are kept or cared for. If entry is refused or	790
inspection or investigation is refused, hindered, or thwarted by	791
a regulated dog breeding kennel, regulated dog intermediary, or	792
animal rescue for dogs the director may suspend or revoke the	793
kennel's, intermediary's, or rescue's license in accordance with	794
this chapter.	795

(D) If entry that is authorized by division (B) of this	796
section is refused or if an inspection or investigation is	797
refused, hindered, or thwarted by intimidation or otherwise and if	798
the director, an authorized representative of the director, or	799
the attorney general applies for and obtains a court order or a	800
search warrant under division (B) of this section to conduct the	801
inspection or investigation, the owner or operator of the premises	802
where entry was refused or inspection or investigation was	803
refused, hindered, or thwarted is liable to the director for the	804
reasonable costs incurred by the director for the regular	805
salaries and fringe benefit costs of personnel assigned to	806
conduct the inspection or investigation from the time the entry,	807
inspection, or investigation was refused, hindered, or thwarted	808
until the court order or search warrant is executed; for the	809
salary, fringe benefits, and travel expenses of the director, an	810
authorized representative of the director, or the attorney	811
general incurred in obtaining the court order or search warrant;	812
and for expenses necessarily incurred for the assistance of local	813
law enforcement officers in executing the court order or search	814
warrant. In the application for a court order or a search	815
warrant, the director, the director's authorized representative,	816
or the attorney general may request and the environmental	817
division of the Franklin county municipal court, in its order	818
granting the court order or search warrant, may order the owner	819
or operator of the premises to reimburse the director for any of	820
those costs that the court finds reasonable. From money	821
recovered under this division, the director shall reimburse the	822
attorney general for the costs incurred by the attorney general	823
in connection with proceedings for obtaining the court order or	824
search warrant, shall reimburse the political subdivision in	825
which the premises is located for the assistance of its law	826
enforcement officers in executing the court order or search	827
warrant, and shall deposit the remainder in the state treasury to	828
the credit of the regulated dog breeding kennel control license	829
fund created in section 956.17 of the Revised Code.	830

(E) A dog warden appointed under Chapter 955. of the Revised	831
Code or an agent of a humane society established under Chapter	832
1717. of the Revised Code entering on public or private property	833
to make investigations and inspections in accordance with Chapter	834
955. or 1717. of the Revised Code, as applicable, shall report any	835
violations of this chapter and rules adopted under it to the	836
director or a kennel control enforcement inspector and may	837
examine and copy any records that are required to be maintained	838
under rules adopted under this chapter.	839

Sec. 956.11. (A) The director of the kennel control authority	840
or the director's authorized representative may impound a dog if	841
the director or the director's authorized representative has	842
probable cause to believe that the dog is being kept by a	843
regulated dog breeding kennel, regulated dog intermediary, or	844
animal rescue for dogs in a manner that materially violates this	845
chapter or rules adopted under it and if the dog's health or	846
safety appears to be in imminent danger.	847

(B) The director or the director's authorized representative	848
shall give written notice of the impoundment by posting a notice	849
on the door of the premises from which the dog was taken or by	850
otherwise posting the notice in a conspicuous place at the	851
premises from which the dog was taken. The notice shall provide a	852
date for an adjudication hearing, which shall take place not	853
later than five business days after the dog is taken and at	854
which the director shall determine if the dog should be	855
permanently relinquished to the custody of the kennel control	856
authority.	857

(C) The owner or operator of the applicable regulated dog	858
breeding kennel, the person acting as or performing the functions	859
of a regulated dog intermediary, or the owner or operator of the	860
applicable animal rescue for dogs may appeal the determination	861
made at the adjudication hearing in accordance with section	862
119.12 of the Revised Code, except that the appeal may only be	863
made to the environmental division of the Franklin county	864
municipal court. If a dog has been impounded and the owner or	865
operator of the applicable regulated dog breeding kennel, the	866
person acting as or performing the functions of a regulated dog	867
intermediary, or the owner or operator of the applicable animal	868
rescue for dogs appeals the determination made at an adjudication	869
hearing, that person shall file an appeal bond that is sufficient	870
to cover the costs of keeping, housing, and maintaining the dog in	871
a manner and amount to be determined by the environmental division	872
of the Franklin county municipal court.	873

(D) The director may enter into contracts or agreements with	874
an animal rescue for dogs, an animal shelter for dogs, a boarding	875
kennel, a veterinarian, a dog warden appointed under Chapter	876
955. of the Revised Code, or a humane society established under	877
Chapter 1717. of the Revised Code for the purpose of keeping,	878
housing, and maintaining dogs that are impounded under this	879
section. If, after the final disposition of an adjudication	880
hearing and any appeals from that adjudication hearing, it is	881
determined that a dog shall be permanently relinquished to the	882
custody of the kennel control authority, the dog may be adopted	883
directly from the animal rescue for dogs, animal shelter for	884
dogs, boarding kennel, veterinarian, dog warden, or humane	885
society where it is being kept, housed, and maintained, provided	886
that the dog has been spayed or neutered unless there are medical	887
reasons against spaying or neutering as determined by a	888
veterinarian. The animal rescue for dogs, animal shelter for	889
dogs, boarding kennel, veterinarian, dog warden, or humane	890
society may charge a reasonable adoption fee. The fee shall be	891
at least sufficient to cover the costs of spaying or neutering	892
the dog unless it is medically contraindicated.	893

Sec. 956.12.  If the director of the kennel control authority	894
or the director's authorized representative determines that a	895
person has violated, is violating, or is threatening to violate	896
this chapter or rules adopted under it, the director may issue	897
and cause to be served by certified mail or personal service a	898
citation of violation and an order requiring the person to cease	899
the acts or practices appearing to the director or the	900
director's authorized representative to constitute a violation	901
of this chapter or rules adopted under it or requiring the	902
person to take corrective actions to eliminate the conditions	903
appearing to the director or the director's authorized	904
representative to constitute a violation of this chapter and	905
rules adopted under it. The order shall state specifically the	906
provision or provisions of this chapter or the rule or rules	907
adopted under this chapter that appear to the director or the	908
director's authorized representative to have been violated or	909
threatened to be violated and the facts constituting the	910
violation or threatened violation, the actions that the person	911
must take to correct the deficiencies, and the time period	912
within which the person must correct the violations.	913

Sec. 956.13.  (A) The director of the kennel control	914
authority may assess a civil penalty against a person violating	915
this chapter or rules adopted under it if all of the following	916
occur:	917

(1) The person has received an order and been notified of the	918
violation by certified mail as required in section 956.12 of the	919
Revised Code.	920

(2) After the time period for correcting the violation	921
specified in the order has elapsed, the director or the	922
director's authorized representative has inspected the premises	923
where the violation has occurred and determined that the	924
violation has not been corrected, and the director has issued a	925
notice of an adjudication hearing pursuant to division (A)(3) of	926
this section.	927

(3) The director affords the person an opportunity for an	928
adjudication hearing under Chapter 119. of the Revised Code to	929
challenge the director's determination that the person is not in	930
compliance with this chapter or rules adopted under it, the	931
imposition of the civil penalty, or both. A person may waive the	932
opportunity for an adjudication hearing.	933

(B) If the opportunity for an adjudication hearing is waived	934
or if, after an adjudication hearing, the director determines	935
that a violation of this chapter or a rule adopted under it has	936
occurred or is occurring, the director may assess a civil	937
penalty. The civil penalty may be appealed in accordance with	938
section 119.12 of the Revised Code, except that the civil penalty	939
may only be appealed to the environmental division of the	940
Franklin county municipal court.	941

(C) Civil penalties shall be assessed in the following	942
amounts:	943

(1) A person who has violated division (A)(1) of section	944
956.04, division (A)(1) of section 956.05, or division (A) of	945
section 956.06 of the Revised Code shall pay a civil penalty in	946
an amount that is equal to two times the amount of the license	947
fee that should have been paid by the person under section 956.07	948
of the Revised Code.	949

(2) A person who has violated division (H) of section 956.04,	950
division (D) of section 956.05, or division (B) of section 956.06	951
of the Revised Code shall pay a civil penalty of not more than	952
fifteen thousand dollars.	953

(3) A person who has violated any other provision of this	954
chapter or rules adopted under it, including, but not limited to,	955
the standards of care established in section 956.08 of the Revised	956
Code, shall pay a civil penalty of twenty-five dollars.	957

Each day that a violation continues constitutes a separate	958
violation.	959

Sec. 956.14. The attorney general, upon the request of the	960
director of the kennel control authority, may bring an action for	961
injunction against a person who has violated, is violating, or is	962
threatening to violate this chapter, rules adopted under it, or	963
an order issued under section 956.12 of the Revised Code. An	964
action for injunction shall be filed in the environmental	965
division of the Franklin county municipal court, which shall have	966
exclusive jurisdiction to grant preliminary and permanent	967
injunctive relief under this chapter. The environmental division	968
of the Franklin county municipal court shall grant such	969
injunctive relief upon a showing that the person against whom the	970
action is brought has violated, is violating, or is threatening	971
to violate this chapter, rules adopted under it, or an order	972
issued under it. The court shall give precedence to such an	973
action over all other cases.	974

Sec. 956.15.  (A) The director of the kennel control	975
authority shall deny an application for a license that is	976
submitted under section 956.04, 956.05, or 956.06 of the Revised	977
Code for any of the following reasons:	978

(1) The applicant for the license has violated any provision	979
of this chapter or a rule adopted under it.	980

(2) The applicant has been convicted of or pleaded guilty to	981
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15,	982
or 959.16 of the Revised Code or an equivalent municipal	983
ordinance, law of another state, or law of the federal government	984
or has been convicted of or pleaded guilty to violating more than	985
once section 2919.25 of the Revised Code or an equivalent	986
municipal ordinance, law of another state, or law of the federal	987
government.	988

(3) The director determines that the applicant for the	989
license does not have the expertise or capacity to comply with	990
this chapter or rules adopted under it.	991

(B) The director may suspend or revoke a license issued	992
under this chapter for violation of any provision of this chapter	993
or a rule adopted or order issued under it.	994

(C) An application or a license shall not be denied,	995
suspended, or revoked under this section without a written order	996
of the director stating the findings on which the denial,	997
suspension, or revocation is based. A copy of the order shall be	998
sent to the applicant or license holder by certified mail or may	999
be provided to the applicant or license holder by personal	1000
service. In addition, the person to whom a denial, suspension, or	1001
revocation applies may request an adjudication hearing under	1002
Chapter 119. of the Revised Code. The director shall comply with	1003
such a request. The determination of the director at an	1004
adjudication hearing may be appealed in accordance with section	1005
119.12 of the Revised Code, except that the determination may be	1006
appealed only to the environmental division of the Franklin county	1007
municipal court.	1008

Sec. 956.16.  The director of the kennel control authority,	1009
the director's authorized representative, or the attorney	1010
general may require the attendance of witnesses and the	1011
production of books, records, papers, and dogs that are needed	1012
either by the director or the attorney general or by any party	1013
to a hearing before the director and for that purpose may issue	1014
a subpoena for any witness or a subpoena duces tecum to compel	1015
the production of any books, records, papers, or dogs. The	1016
subpoena shall be served by personal service or by certified	1017
mail. If the subpoena is returned because of inability to	1018
deliver, or if no return is received within thirty days after	1019
the date of mailing, the subpoena may be served by ordinary	1020
mail. If no return of ordinary mail is received within thirty	1021
days after the date of mailing, service shall be deemed to have	1022
been made. If the subpoena is returned because of inability to	1023
deliver, the director or the attorney general may designate a	1024
person or persons to effect either personal or residence service	1025
on the witness. The person designated to effect personal or	1026
residence service under this section may be the sheriff of the	1027
county in which the witness resides or may be found or any other	1028
duly designated person. The fees and mileage of the person	1029
serving the subpoena shall be the same as those allowed by the	1030
courts of common pleas in criminal cases and shall be paid from	1031
the funds of the authority. Fees and mileage for the witness	1032
shall be the same as those allowed for witnesses by the courts	1033
of common pleas in criminal cases and shall be paid from the	1034
funds of the authority upon request of the witness following	1035
the hearing.	1036

Sec. 956.17.  All money collected by the director of the	1037
kennel control authority from license and registration fees under	1038
sections 956.07 and 956.20 of the Revised Code and all money	1039
collected from civil penalties assessed under section 956.13 of	1040
the Revised Code shall be deposited in the state treasury to the	1041
credit of the regulated dog breeding kennel control license fund,	1042
which is hereby created. The director shall use money in the	1043
fund for the purpose of administering this chapter and rules	1044
adopted under it.	1045

Sec. 956.18.  (A) There is hereby created the kennel control	1046
authority board consisting of one member of the senate appointed	1047
by the president of the senate, one member of the house of	1048
representatives appointed by the speaker of the house of	1049
representatives, and the following seven members appointed by the	1050
governor:	1051

(1) Two members representing animal care and welfare	1052
organizations in this state;	1053

(2) One member who is a county dog warden;

1054

(3) One member who is a veterinarian;

1055

(4) One member representing pet stores in this state that are	1056
licensed under this chapter as regulated dog breeding kennels or	1057
regulated dog breeding intermediaries;	1058

(5) One member who is a member in good standing of a national	1059
breed parent club of the American kennel club;	1060

(6) One member representing the public.

1061

Initial appointments to the board shall be made not later	1062
than sixty days after the effective date of this section. Terms	1063
of office of the members appointed by the president of the senate	1064
and the speaker of the house of representatives shall coincide	1065
with their terms of office as members of the senate and the house	1066
of representatives, as applicable. Of the initial appointments	1067
made by the governor, two shall be for one-year terms, two shall	1068
be for two-year terms, and three shall be for three-year terms.	1069
Thereafter, terms of office of members appointed by the governor	1070
shall be three years, with each term ending on the same day of	1071
the same month as did the term that it succeeds. Each member	1072
shall hold office from the date of appointment until the end of	1073
the term for which the member was appointed. Members may be	1074
reappointed. Vacancies shall be filled in the manner provided for	1075
the original appointments. Any member appointed to fill a vacancy	1076
occurring prior to the expiration date of the term for which the	1077
member's predecessor was appointed shall hold office for the	1078
remainder of the term. A member shall continue in office	1079
subsequent to the expiration date of the member's term until the	1080
member's successor takes office or until a period of sixty days	1081
has elapsed, whichever occurs first.	1082

(B) The governor shall select a chairperson from among the	1083
board's members. A majority of the members of the board	1084
constitutes a quorum. The board shall meet at least four times a	1085
year in Columbus or at other locations selected by the	1086
chairperson. The chairperson shall determine the agenda for each	1087
meeting of the board. However, if the member appointed by the	1088
president of the senate and the member appointed by the speaker of	1089
the house of representatives jointly request in writing that an	1090
item be placed on the agenda for a meeting of the board, the	1091
chairperson shall place the item on the agenda at the board's	1092
next regularly scheduled meeting occurring more than ten days	1093
after the request has been made.	1094

Members of the board shall serve without compensation for	1095
attending board meetings. Members of the board shall be	1096
reimbursed for their actual and necessary expenses incurred in	1097
the performance of official duties as members of the board.	1098

(C) The board shall provide oversight and evaluation of the	1099
administration of this chapter and rules adopted under it,	1100
including the operation of the kennel control authority created	1101
in section 956.02 of the Revised Code. The oversight and	1102
evaluation may include, but not be limited to, a determination of	1103
whether this chapter and rules adopted under it and the operation	1104
of the authority have resulted in the prevention of cruelty to	1105
and abuse of dogs and an evaluation of the sanctions imposed on	1106
violators of this chapter and rules adopted under it. In	1107
addition, the board may make recommendations to the director of	1108
the kennel control authority for changes to the administration of	1109
this chapter and rules adopted under it and to the general	1110
assembly for changes to this chapter that the board considers	1111
necessary for the effective enforcement of this chapter and	1112
rules adopted under it. The board may inspect records kept by	1113
the kennel control authority and may interview kennel control	1114
enforcement inspectors. The board, by the thirty-first day of	1115
December each year, shall issue a report of its findings and	1116
submit it to the authority, the president of the senate, and	1117
the speaker of the house of representatives.	1118

Sec. 956.19.  (A) In accordance with rules adopted under	1119
section 956.03 of the Revised Code, at the time of the sale of a	1120
dog, a pet store shall provide the buyer of the dog with either of	1121
the following:	1122

(1) A certificate of medical health that has been completed	1123
and attested to by a veterinarian and that states that the	1124
veterinarian has examined the dog and has not found evidence of	1125
disease, illness, or injury at the time of the examination;	1126

(2) A money-back guarantee that is valid for not less than	1127
twenty-one days after the date of purchase of the dog. The	1128
guarantee shall authorize the purchaser of the dog to receive the	1129
purchase price of the dog from the pet store within that	1130
twenty-one-day period if the purchaser presents a statement to the	1131
pet store from a veterinarian who has examined the dog within	1132
fourteen days of the purchase of the dog that the dog has a	1133
significant disease, illness, or injury that was in existence at	1134
the time of the purchase of the dog.	1135

(B) A pet store shall post written notice of the pet store's	1136
responsibility under this section in a conspicuous location near	1137
the pet store's cash register. The written notice shall be posted	1138
in accordance with rules and shall be in prominent and easily read	1139
type that is not less than eighteen-point type.	1140

(C) At a time prior to the sale of a dog, a pet store shall	1141
provide the name, complete address, and telephone number of the	1142
breeder that bred the dog, the regulated dog breeding kennel where	1143
the dog was kept, housed, and maintained, and the regulated dog	1144
intermediary from whom the pet store acquired the dog, as	1145
applicable. The pet store also shall provide the telephone number	1146
and the address of the kennel control authority.	1147

(D) No pet store shall fail to comply with this section.

1148

(E) A pet store that fails to comply with division (A)(1) of	1149
this section with respect to the sale of a dog or a pet store that	1150
fails to refund the purchase price of a dog in accordance with	1151
division (A)(2) of this section is liable to the purchaser of the	1152
dog for an amount that is equal to the actual damages incurred by	1153
the purchaser within one year after the date of the purchase of	1154
the dog, except that veterinary expenses are limited to not more	1155
than five hundred dollars. The pet store also is liable for any	1156
attorney's fees and costs incurred by the purchaser. In	1157
addition, the buyer of the dog may keep the dog.	1158

(F) The director of the kennel control authority or the	1159
director's authorized representative shall enforce this section.	1160
Kennel control enforcement inspectors may make inspections of pet	1161
stores for the purpose of enforcing this section.	1162

Sec. 956.20. No regulated dog breeding kennel shall sell or	1163
otherwise transfer a puppy that is less than ninety days old	1164
without registering the litter in which the puppy was born with	1165
the director of the kennel control authority in accordance with	1166
rules adopted under section 956.03 of the Revised Code and	1167
paying a registration fee of twenty-five dollars per litter. This	1168
section does not apply to an animal rescue for dogs or an animal	1169
shelter for dogs.	1170

Sec. 956.98.  No person shall violate this chapter or a rule	1171
adopted or order issued under it.	1172

Sec. 956.99.  Whoever violates section 956.98 of the Revised	1173
Code is guilty of a misdemeanor of the first degree.	1174

Sec. 1901.183.  In addition to jurisdiction otherwise granted	1175
in this chapter, the environmental division of a municipal court	1176
shall have jurisdiction within its territory in all of the	1177
following actions or proceedings and to perform all of the	1178
following functions:	1179

(A) Notwithstanding any monetary limitations in section	1180
1901.17 of the Revised Code, in all actions and proceedings for	1181
the sale of real or personal property under lien of a judgment of	1182
the environmental division of the municipal court, or a lien for	1183
machinery, material, fuel furnished, or labor performed,	1184
irrespective of amount, and, in those cases, the environmental	1185
division may proceed to foreclose and marshal all liens and all	1186
vested or contingent rights, to appoint a receiver, and to render	1187
personal judgment irrespective of amount in favor of any party;	1188

(B) When in aid of execution of a judgment of the	1189
environmental division of the municipal court, in all actions for	1190
the foreclosure of a mortgage on real property given to secure the	1191
payment of money, or the enforcement of a specific lien for money	1192
or other encumbrance or charge on real property, when the real	1193
property is situated within the territory, and, in those cases,	1194
the environmental division may proceed to foreclose all liens and	1195
all vested and contingent rights and proceed to render judgments,	1196
and make findings and orders, between the parties, in the same	1197
manner and to the same extent as in similar cases in the court of	1198
common pleas;	1199

(C) When in aid of execution of a judgment of the	1200
environmental division of the municipal court, in all actions for	1201
the recovery of real property situated within the territory to the	1202
same extent as courts of common pleas have jurisdiction;	1203

(D) In all actions for injunction to prevent or terminate	1204
violations of the ordinances and regulations of any municipal	1205
corporation within its territory enacted or promulgated under the	1206
police power of that municipal corporation pursuant to Section 3	1207
of Article XVIII, Ohio Constitution, over which the court of	1208
common pleas has or may have jurisdiction, and, in those cases,	1209
the environmental division of the municipal court may proceed to	1210
render judgments, and make findings and orders, in the same manner	1211
and to the same extent as in similar cases in the court of common	1212
pleas;	1213

(E) In all actions for injunction to prevent or terminate	1214
violations of the resolutions and regulations of any political	1215
subdivision within its territory enacted or promulgated under the	1216
power of that political subdivision pursuant to Article X of the	1217
Ohio Constitution, over which the court of common pleas has or may	1218
have jurisdiction, and, in those cases, the environmental division	1219
of the municipal court may proceed to render judgments, and make	1220
findings and orders, in the same manner and to the same extent as	1221
in similar cases in the court of common pleas;	1222

(F) In any civil action to enforce any provision of Chapter	1223
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1224
over which the court of common pleas has or may have jurisdiction,	1225
and, in those actions, the environmental division of the municipal	1226
court may proceed to render judgments, and make findings and	1227
orders, in the same manner and to the same extent as in similar	1228
actions in the court of common pleas;	1229

(G) In all actions and proceedings in the nature of	1230
creditors' bills, and in aid of execution to subject the interests	1231
of a judgment debtor in real or personal property to the payment	1232
of a judgment of the division, and, in those actions and	1233
proceedings, the environmental division may proceed to marshal and	1234
foreclose all liens on the property irrespective of the amount of	1235
the lien, and all vested or contingent rights in the property;	1236

(H) Concurrent jurisdiction with the court of common pleas of	1237
all criminal actions or proceedings related to the pollution of	1238
the air, ground, or water within the territory of the	1239
environmental division of the municipal court, for which a	1240
sentence of death cannot be imposed under Chapter 2903. of the	1241
Revised Code;	1242

(I) In any review or appeal of any final order of any	1243
administrative officer, agency, board, department, tribunal,	1244
commission, or other instrumentality that relates to a local	1245
building, housing, air pollution, sanitation, health, fire,	1246
zoning, or safety code, ordinance, or regulation, in the same	1247
manner and to the same extent as in similar appeals in the court	1248
of common pleas;	1249

(J) With respect to the environmental division of the	1250
Franklin county municipal court, in any civil action to enforce a	1251
provision of Chapter 956. of the Revised Code and to hear appeals	1252
from an adjudication hearing conducted under that chapter.	1253

Section 2.  That existing sections 955.02, 955.10, 955.12,	1254
955.20, 955.26, and 1901.183 of the Revised Code are hereby	1255
repealed.	1256

Section 3. It is the intent of the General Assembly to	1257
appropriate money to the Regulated Dog Breeding Kennel Control	1258
License Fund created in section 956.17 of the Revised Code to	1259
enable the Kennel Control Authority created in section 956.02 of	1260
the Revised Code to begin administering Chapter 956. of the	1261
Revised Code and rules adopted under it.	1262