Bill Text: OH HB22 | 2011-2012 | 129th General Assembly | Enrolled
Bill Title: Regarding the liability of owners of certain animals that are running at large.
Spectrum: Slight Partisan Bill (Republican 66-34)
Status: (Passed) 2011-09-23 - Effective Date [HB22 Detail]
Download: Ohio-2011-HB22-Enrolled.html
To amend sections 951.02, 951.10, 951.11, 951.12, 951.13, 951.99, and 971.18 and to repeal section 951.01 of the Revised Code regarding the liability of owners of certain animals that are running at large.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 951.02, 951.10, 951.11, 951.12, 951.13, 951.99, and 971.18 of the Revised Code be amended to read as follows:
Sec. 951.02. No person, who is the owner or keeper of
horses, mules, cattle, bison, sheep, goats, swine, llamas,
alpacas, or geese, shall permit them to run at large in the public
road, highway, street, lane, or alley, or upon unenclosed land, or
cause
such the animals to be herded, kept, or detained for the
purpose of grazing on premises other than those owned or lawfully
occupied by the owner or keeper of such the animals.
The running at large of any such animal in or upon any of the
places mentioned in this section is prima-facie evidence that it
is running at large in violation of this section.
Sec. 951.10. (A) The owner or keeper of an animal described
in section 951.01 or 951.02 of the Revised Code, who negligently
permits it to run at large in violation of either of such sections
that section, is liable for all damages resulting from injury,
death, or loss to person or property caused by such the animal in
any of the places specified in section 951.02 of the Revised Code
or upon the premises of another without reference to the fence
which that may enclose such the premises.
(B) The running at large of any animal specified in section 951.02 of the Revised Code in or upon any of the places specified in that section is prima-facie evidence in a civil action for damages under division (A) of this section that the owner or keeper of the animal negligently permitted the animal to run at large in violation of section 951.02 of the Revised Code.
Sec. 951.11. A person finding an animal at large in
violation of section
951.01 or 951.02 of the Revised Code, may,
and a law enforcement officer of a county, township, city, or
village, on view or information, shall, take and confine such that
animal, forthwith promptly giving notice thereof of the taking and
confining of the animal to the owner or keeper, if known, and, if
not known, by publishing a notice describing such the animal at
least once in a newspaper of general circulation in the county,
township, city, or village wherein where the animal was found. If
the owner or keeper does not appear and claim the animal and pay
the compensation prescribed in section 951.13 of the Revised Code
for so taking, advertising, and keeping it within ten days from
the date of such the notice, such that person or the county shall
have a lien
therefor for that compensation, and the animal may be
sold at public auction as provided in section 1311.49 of the
Revised Code, and the. The residue of the proceeds of sale shall
be paid and deposited by the treasurer in the general fund of the
county.
Sec. 951.12. If it is proven that an animal running at large
in violation of section 951.01 or 951.02 of the Revised Code
escaped from its owner or keeper without his the owner's or
keeper's knowledge or fault, such the animal shall be returned to
its owner or keeper upon payment of the compensation prescribed in
section 951.13 of the Revised Code for its taking, advertising,
and keeping.
Sec. 951.13. The person or county, township, city, or
village whose law enforcement officer takes an animal running at
large in violation of section
951.01 or 951.02 of the Revised Code
is entitled to receive from the owner or keeper thereof of the
animal the following compensation:
(A) For taking and advertising each horse, mule, head of cattle, bison, swine, sheep, goat, llama, alpaca, or goose, five dollars;
(B) Reasonable expenses actually incurred for keeping each
such animal described in division (A) of this section.
Compensation for taking, advertising, and keeping a single
herd or flock shall not exceed fifty dollars when such the flock
or herd belongs to one person.
Sec. 951.99. Whoever recklessly violates section 951.01 or
951.02 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
Sec. 971.18. An owner of livestock who negligently permits the livestock to run at large out of the livestock's enclosure is liable for all damages resulting from injury, death, or loss to person or property caused by the livestock on the premises of another.
SECTION 2. That existing sections 951.02, 951.10, 951.11, 951.12, 951.13, 951.99, and 971.18 and section 951.01 of the Revised Code are hereby repealed.
