Bill Text: OH SB95 | 2009-2010 | 128th General Assembly | Comm Sub

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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: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-02 - Committee Report - S [SB95 Detail]

Download: Ohio-2009-SB95-Comm_Sub.html

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As Reported by the Senate State and Local Government and Veterans Affairs Committee

128th General Assembly Regular Session 2009-2010

Sub. S. B. No. 95

Senators Hughes, Cates 

Cosponsors: Senators Goodman, Miller, D., Miller, R., Schuring, Turner 

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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, 956.09 to 956.20,

3

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, 956.09,	10
956.10, 956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 956.17,	11
956.18, 956.19, 956.20, 956.98, and 956.99 of the Revised Code be	12
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 high	20
volume breeder licensed under Chapter 956. of the Revised Code.	21

Sec. 955.10.  No owner of a dog, except a dog constantly	22
confined to a registereddog kennel registered under this chapter	23
or one licensed under Chapter 956. of the Revised Code, shall fail	24
to require the dog to wear, at all times, a valid tag issued in	25
connection with a certificate of registration. A dog's failuredog	26
found not wearing at any time to wear a valid tag shall be	27
prima-facie evidence of lack of registration and shall subject any	28
dog found not wearing such a tag to impounding, sale, or	29
destruction.	30

Sec. 955.12.  The board of county commissioners shall appoint	31
or employ a county dog warden and deputies in such number, for	32
such periods of time, and at such compensation as the board	33
considers necessary to enforce sections 955.01 to 955.27, 955.29	34
to 955.38, and 955.50 to 955.53 of the Revised Code.	35

The warden and deputies shall give bond in a sum not less	36
than five hundred dollars and not more than two thousand dollars,	37
as set by the board, conditioned for the faithful performance of	38
their duties. The bond or bonds may, in the discretion of the	39
board, be individual or blanket bonds. The bonds shall be filed	40
with the county auditor of their respective counties.	41

The warden and deputies shall make a record of all dogs	42
owned, kept, and harbored in their respective counties. They shall	43
patrol their respective counties and seize and impound on sight	44
all dogs found running at large and all dogs more than three	45
months of age found not wearing a valid registration tag, except	46
any dog that wears a valid registration tag and is: on the	47
premises of its owner, keeper, or harborer, under the reasonable	48
control of its owner or some other person, hunting with its owner	49
or its handler at a field trial, kept constantly confined in a	50
registered dog kennel registered under this chapter or one	51
licensed under Chapter 956. of the Revised Code, or acquired by,	52
and confined on the premises of, an institution or organization of	53
the type described in section 955.16 of the Revised Code. A dog	54
that wears a valid registration tag may be seized on the premises	55
of its owner, keeper, or harborer and impounded only in the event	56
of a natural disaster.	57

If a dog warden has reason to believe that a dog is being	58
treated inhumanely on the premises of its owner, keeper, or	59
harborer, the warden shall apply to the court of common pleas for	60
the county in which the premises are located for an order to enter	61
the premises, and if necessary, seize the dog. If the court finds	62
probable cause to believe that the dog is being treated	63
inhumanely, it shall issue such an order.	64

The warden and deputies shall also investigate all claims for	65
damages to animals reported to them under section 955.29 of the	66
Revised Code and assist claimants to fill out the claim form	67
therefor. They shall make weekly reports, in writing, to the board	68
in their respective counties of all dogs seized, impounded,	69
redeemed, and destroyed and of all claims for damage to animals	70
inflicted by dogs.	71

The wardens and deputies shall have the same police powers as	72
are conferred upon sheriffs and police officers in the performance	73
of their duties as prescribed by sections 955.01 to 955.27, 955.29	74
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	75
also have power to summon the assistance of bystanders in	76
performing their duties and may serve writs and other legal	77
processes issued by any court in their respective counties with	78
reference to enforcing those sections. County auditors may	79
deputize the wardens or deputies to issue dog licenses as provided	80
in sections 955.01 and 955.14 of the Revised Code.	81

Whenever any person files an affidavit in a court of	82
competent jurisdiction that there is a dog running at large that	83
is not kept constantly confined either in a registered dog kennel	84
registered under this chapter or one licensed under Chapter 956.	85
of the Revised Code or on the premises of an institution or	86
organization of the type described in section 955.16 of the	87
Revised Code or that a dog is kept or harbored in the warden's	88
jurisdiction without being registered as required by law, the	89
court shall immediately order the warden to seize and impound the	90
dog. Thereupon the warden shall immediately seize and impound the	91
dog complained of. The warden shall give immediate notice by	92
certified mail to the owner, keeper, or harborer of the dog seized	93
and impounded by the warden, if the owner, keeper, or harborer can	94
be determined from the current year's registration list maintained	95
by the warden and the county auditor of the county where the dog	96
is registered, that the dog has been impounded and that, unless	97
the dog is redeemed within fourteen days of the date of the	98
notice, it may thereafter be sold or destroyed according to law.	99
If the owner, keeper, or harborer cannot be determined from the	100
current year's registration list maintained by the warden and the	101
county auditor of the county where the dog is registered, the	102
officer shall post a notice in the pound or animal shelter both	103
describing the dog and place where seized and advising the unknown	104
owner that, unless the dog is redeemed within three days, it may	105
thereafter be sold or destroyed according to law.	106

As used in this section, "animal" has the same meaning as in	107
section 955.51 of the Revised Code.	108

Sec. 955.20.  The registration fees provided for in sections	109
955.01 to 955.14 of the Revised Code and money transferred to the	110
county under section 956.07 of the Revised Code constitute a	111
special fund known as "the dog and kennel fund." The fees shall be	112
deposited by the county auditor in the county treasury daily as	113
collected and. Money in the fund shall be used for the purpose of	114
defraying the cost of furnishing all blanks, records, tags, nets,	115
and other equipment, for the purpose of paying the compensation of	116
county dog wardens, deputies, poundkeepers, and other employees	117
necessary to carry out and enforce sections 955.01 to 955.261 of	118
the Revised Code, and for the payment of animal claims as provided	119
in sections 955.29 to 955.38 of the Revised Code, and in	120
accordance with section 955.27 of the Revised Code. The board of	121
county commissioners, by resolution, shall appropriate sufficient	122
funds out of the dog and kennel fund, not more than fifteen per	123
cent of which shall be expended by the auditor for registration	124
tags, blanks, records, and clerk hire, for the purpose of	125
defraying the necessary expenses of registering, seizing,	126
impounding, and destroying dogs in accordance with sections 955.01	127
to 955.27 of the Revised Code, and for the purpose of covering any	128
additional expenses incurred by the county auditor as authorized	129
by division (F)(3) of section 955.14 of the Revised Code.	130

If the funds so appropriated in any calendar year are found	131
by the board to be insufficient to defray the necessary cost and	132
expense of the county dog warden in enforcing sections 955.01 to	133
955.27 of the Revised Code, the board, by resolution so provided,	134
after setting aside a sum equal to the total amount of animal	135
claims paid orfiled in that calendar year, or an amount equal to	136
the total amount of animal claims paid or allowed the preceding	137
year, whichever amount is larger, may appropriate further funds	138
for the use and purpose of the county dog warden in administering	139
those sections.	140

Sec. 955.26.  Whenever, in the judgment of the director of	141
health, any city or general health district board of health, or	142
persons performing the duties of a board of health, rabies is	143
prevalent, the director of health, the board, or those persons	144
shall declare a quarantine of all dogs in the health district or	145
in a part of it. During the quarantine, the owner, keeper, or	146
harborer of any dog shall keep it confined on the premises of the	147
owner, keeper, or harborer, or in a suitable pound or, kennel, or	148
other suitable place, at the expense of the owner, keeper, or	149
harborer, except that a dog may be permitted to leave the premises	150
of its owner, keeper, or harborer if it is under leash or under	151
the control of a responsible person. The quarantine order shall be	152
considered an emergency and need not be published.	153

When the quarantine has been declared, the director of	154
health, the board, or those persons may require vaccination for	155
rabies of all dogs within the health district or part of it. Proof	156
of rabies vaccination within a satisfactory period shall be	157
demonstrated to the county auditor before any registration is	158
issued under section 955.01 of the Revised Code for any dog that	159
is required to be vaccinated.	160

The public health council shall determine appropriate methods	161
of rabies vaccination and satisfactory periods for purposes of	162
quarantines under this section.	163

When a quarantine of dogs has been declared in any health	164
district or part of a health district, the county dog warden and	165
all other persons having the authority of police officers shall	166
assist the health authorities in enforcing the quarantine order.	167
When rabies vaccination has been declared compulsory in any health	168
district or part of a health district, the dog warden shall assist	169
the health authorities in enforcing the vaccination order.	170

Notwithstanding the provisions of this section, a city or	171
general health district board of health may make orders pursuant	172
to sections 3709.20 and 3709.21 of the Revised Code requiring the	173
vaccination of dogs.	174

Sec. 956.01.  As used in this chapter:

175

(A) "Adult dog" means a dog that is twelve months of age or	176
older.	177

(B) "Animal rescue for dogs" means an individual or	178
organization recognized by the director of the kennel control	179
authority that keeps, houses, and maintains dogs and that is	180
dedicated to the welfare, health, safety, and protection of dogs,	181
provided that the individual or organization does not operate for	182
profit, does not sell dogs for a profit, does not breed dogs, and	183
does not purchase more than nine dogs in any given calendar year	184
unless the dogs are purchased from a dog warden appointed under	185
Chapter 955. of the Revised Code, a humane society established	186
under Chapter 1717. of the Revised Code, or another animal rescue	187
for dogs. "Animal rescue for dogs" includes an individual or	188
organization that offers dogs for adoption and charges reasonable	189
adoption fees approved by the director of the authority under this	190
chapter to cover the costs of the individual or organization,	191
including, but not limited to, costs related to spaying or	192
neutering dogs.	193

(C) "Animal shelter for dogs" means a facility that keeps,	194
houses, and maintains dogs such as a dog pound operated by a	195
municipal corporation, or by a county under Chapter 955. of the	196
Revised Code, or that is operated by a humane society established	197
under Chapter 1717. of the Revised Code, animal welfare society,	198
society for the prevention of cruelty to animals, or other	199
nonprofit organization that is devoted to the welfare, protection,	200
and humane treatment of dogs and other animals.	201

(D) "Boarding kennel" means an establishment operating for	202
profit that keeps, houses, and maintains dogs solely for the	203
purpose of providing shelter, care, and feeding of the dogs in	204
return for a fee or other consideration.	205

(E) "Breeding dog" means an unneutered, unspayed dog that is	206
primarily harbored or housed on property that is the dog's primary	207
residence.	208

(F) "High volume breeder" means an establishment that keeps,	209
houses, and maintains adult breeding dogs that produce at least	210
nine litters of puppies in any given calendar year and, in return	211
for a fee or other consideration, sells sixty or more adult dogs	212
or puppies per calendar year.	213

(G) "Dog retailer" means a person who buys, sells, or offers	214
to sell dogs at wholesale for resale to another or who sells or	215
gives one or more dogs to a pet store annually. "Dog retailer"	216
does not include an animal rescue for dogs, an animal shelter for	217
dogs, a humane society established under Chapter 1717. of the	218
Revised Code, a medical kennel for dogs, a research kennel for	219
dogs, a pet store, or a veterinarian.	220

(H) "Enclosure, crate, or cage" does not include an	221
enclosure, crate, or cage that is used during the transportation	222
of a dog or used for medical purposes.	223

(I) "Environmental division of the Franklin county municipal	224
court" means the environmental division of the Franklin county	225
municipal court created in section 1901.011 of the Revised Code.	226

(J) "Medical kennel for dogs" means a facility that is	227
maintained by a veterinarian and operated primarily for the	228
treatment of sick or injured dogs.	229

(K) "Pet store" means a retail store that sells dogs to the	230
public.	231

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

232

(M) "Research kennel for dogs" means a facility housing dogs	233
that is maintained exclusively for research purposes.	234

(N) "Veterinarian" means a veterinarian licensed under	235
Chapter 4741. of the Revised Code.	236

Sec. 956.011.  Medical kennels for dogs, research kennels for	237
dogs, animal shelters for dogs that are operated by a municipal	238
corporation, or by a county under Chapter 955. of the Revised	239
Code, and veterinarians are not required to obtain a license under	240
this chapter or comply with any other requirements of this chapter	241
and rules adopted under it.	242

Sec. 956.02.  There is hereby created the kennel control	243
authority for the purpose of administering this chapter and rules	244
adopted under it by the director of the authority and ensuring the	245
welfare and humane treatment of dogs and their offspring in	246
accordance with this chapter and rules adopted under it. The	247
kennel control authority board created in section 956.18 of the	248
Revised Code shall designate a suitable individual as director of	249
the authority, who shall serve at the board's pleasure.	250

The director may contract with any political subdivision of	251
the state to assist the director and the director's authorized	252
representatives in administering and enforcing this chapter and	253
the rules adopted under it.	254

Sec. 956.03.  The director of the kennel control authority	255
shall adopt rules in accordance with Chapter 119. of the Revised	256
Code establishing all of the following:	257

(A) Requirements and procedures governing high volume	258
breeders, including the licensing and inspection of and record	259
keeping by high volume breeders, in addition to the requirements	260
and procedures established in this chapter. The rules shall	261
require that a high volume breeder be assigned a license number	262
and that a high volume breeder provide the license number and the	263
applicable vendor number assigned by the department of taxation	264
whenever it solicits business or it is solicited for business.	265

(B) Requirements and procedures for conducting background	266
investigations of each applicant for a license issued under	267
section 956.04 of the Revised Code in order to determine if the	268
applicant has been convicted of or pleaded guilty to any of the	269
violations specified in division (H) of that section. The rules	270
shall provide that background investigations shall be conducted	271
solely by the attorney general on behalf of the kennel control	272
authority. The rules shall establish procedures for annually	273
updating background investigation information regarding an	274
applicant after an initial background investigation has been	275
conducted with respect to an initial application for a license	276
submitted under that section.	277

(C) Requirements and procedures governing dog retailers,	278
including the licensing of and record keeping by dog retailers, in	279
addition to the requirements and procedures established in this	280
chapter. The rules shall require that a dog retailer be assigned a	281
license number and that a dog retailer provide the license number	282
and the applicable vendor number assigned by the department of	283
taxation whenever it solicits business or it is solicited for	284
business.	285

(D) Requirements and procedures governing animal rescues for	286
dogs, including the licensing and inspection of and record keeping	287
by animal rescues for dogs, in addition to the requirements and	288
procedures established in this chapter;	289

(E) The form of applications for licenses issued under this	290
chapter and the information that is required to be submitted in	291
the applications. The rules shall require an animal rescue for	292
dogs to provide in an application for a license the name and	293
address of each foster home that it utilizes.	294

(F) A requirement that each high volume breeder submit to the	295
director, with an application for a high volume breeder license,	296
evidence of insurance or, in the alternative, evidence of a surety	297
bond payable to the authority to ensure compliance with this	298
chapter and rules adopted under it. The face value of the	299
insurance coverage or bond shall be in the following amounts:	300

(1) Five thousand dollars for high volume breeders keeping,	301
housing, and maintaining not more than twenty-five adult dogs;	302

(2) Ten thousand dollars for high volume breeders keeping,	303
housing, and maintaining at least twenty-six adult dogs but not	304
more than fifty adult dogs;	305

(3) Fifty thousand dollars for high volume breeders keeping,	306
housing, and maintaining more than fifty adult dogs.	307

The rules shall require that the insurance be payable to the	308
state or that the surety bond be subject to redemption by the	309
state, as applicable, upon a suspension or revocation of a high	310
volume breeder license for the purpose of paying for the	311
maintenance and care of dogs that are seized or otherwise	312
impounded from the high volume breeder in accordance with this	313
chapter.	314

(G) Procedures for inspections conducted under section 956.10	315
of the Revised Code in addition to the procedures established in	316
that section, and procedures for making records of the	317
inspections;	318

(H) Requirements and procedures that are necessary to	319
implement and enforce the requirements pertaining to pet stores	320
that are established in section 956.19 of the Revised Code;	321

(I)(1) A requirement that an in-state retailer or direct	322
seller of a puppy or adult dog provide to the purchaser the	323
complete name, address, and telephone number of all high volume	324
breeders, dog retailers, and private owners that kept, housed, or	325
maintained the puppy or adult dog prior to its coming into the	326
possession of the retailer or direct seller or proof that the	327
puppy or adult dog was acquired through an animal rescue for dogs,	328
animal shelter for dogs, or humane society established under	329
Chapter 1717. of the Revised Code, or a valid health certificate	330
from the state of origin pertaining to the puppy or adult dog;	331

(2) A requirement that an out-of-state retailer or direct	332
seller of a puppy or adult dog that is conducting business in this	333
state provide to the purchaser a valid health certificate from the	334
state of origin pertaining to the puppy or adult dog and the	335
complete name, address, and telephone number of all breeders,	336
sellers, and private owners that kept, housed, or maintained the	337
puppy or adult dog prior to its coming into the possession of the	338
retailer or direct seller or proof that the puppy or adult dog was	339
acquired through an animal rescue for dogs, animal shelter for	340
dogs, or humane society in this state or another state.	341

(J) A requirement that a high volume breeder or a dog	342
retailer who advertises the sale of a puppy or adult dog include	343
with the advertisement the vendor number assigned by the tax	344
commissioner to the high volume breeder or to the dog retailer if	345
the sale of the puppy or dog is subject to the tax levied under	346
Chapter 5739. of the Revised Code;	347

(K) Requirements and procedures governing the registration of	348
litters under section 956.20 of the Revised Code;	349

(L) A requirement that a licensed high volume breeder and a	350
licensed dog retailer comply with Chapter 5739. of the Revised	351
Code. The rules shall authorize the director to suspend or revoke	352
a license for failure to comply with that chapter. The director	353
shall work in conjunction with the tax commissioner for the	354
purposes of this division.	355

(M) Any other requirements and procedures that are determined	356
by the commission to be necessary for the administration and	357
enforcement of this chapter and rules adopted under it.	358

Sec. 956.04.  (A)(1) No person shall operate a high volume	359
breeder in this state without a high volume breeder license issued	360
by the director of the kennel control authority in accordance with	361
this section and rules adopted under section 956.03 of the Revised	362
Code.	363

(2) The director shall not issue a license under this section	364
unless the director determines that the applicant will operate or	365
will continue to operate the high volume breeder in accordance	366
with this chapter and rules adopted under it.	367

(B) In determining whether an establishment is a high volume	368
breeder requiring a license under this chapter, the director shall	369
determine if, in any given year, the establishment is a high	370
volume breeder as defined in section 956.01 of the Revised Code.	371
All facilities that are located at an individual postal address	372
shall be licensed as one high volume breeder. Not more than one	373
license shall be issued under this section for any given postal	374
address.	375

(C) A person who is proposing to operate a new high volume	376
breeder shall submit an application for a license to the director	377
at least ninety days before commencing operation of the high	378
volume breeder. The application shall be submitted in the form and	379
with the information required by rules adopted under section	380
956.03 of the Revised Code and shall include with it at least all	381
of the following:	382

(1) An affidavit signed under oath or solemn affirmation of	383
the number of adult dogs that are kept, housed, and maintained by	384
the applicant at the location that is the subject of the	385
application;	386

(2) An estimate of the number of puppies to be kept, housed,	387
and maintained and of the number of litters of puppies or total	388
number of puppies to be produced during the annual term of the	389
license;	390

(3) Photographic evidence documenting the facilities where	391
dogs will be kept, housed, and maintained by the applicant. The	392
kennel control authority may conduct an inspection of the	393
facilities that are the subject of an application in addition to	394
reviewing photographic evidence submitted by an applicant for a	395
license.	396

(4) A signed release permitting the performance of a	397
background investigation regarding the applicant in accordance	398
with rules adopted under section 956.03 of the Revised Code;	399

(5) The names and addresses and any other identifying	400
information required by rules adopted under section 956.03 of the	401
Revised Code of all persons who will have custody of or control	402
over dogs kept by the applicant.	403

(D) During the month of December but before the first day of	404
January of the next year, a person who is proposing to continue	405
the operation of a high volume breeder shall obtain a license for	406
the high volume breeder from the director for the following year.	407
The person shall submit the application to the director on or	408
before the last day of November of the year preceding the year for	409
which the license is sought.	410

(E) The owner or operator of a high volume breeder that is in	411
operation on the effective date of this section shall submit to	412
the director an application for a high volume breeder license not	413
later than three months after the effective date of this section.	414
The director shall issue or deny the application for a license	415
within ninety days after the receipt of the completed application.	416

(F) A person who has received a license under this section,	417
upon sale or other disposition of the high volume breeder, may	418
have the license transferred to another person with the consent of	419
the director, provided that the transferee otherwise qualifies to	420
be licensed as a high volume breeder under this chapter and rules	421
adopted under it and does not have a certified unpaid debt to the	422
state.	423

(G) An applicant for a license issued under this section	424
shall demonstrate that the high volume breeder that is the subject	425
of the application complies with the standards of care and other	426
standards established under this chapter.	427

(H) No person shall be licensed as or operate a high volume	428
breeder who, in the past twenty years, has been convicted of or	429
pleaded guilty to violating section 959.01, 959.02, 959.03,	430
959.13, 959.131, 959.15, or 959.16 of the Revised Code or an	431
equivalent municipal ordinance, law of another state, or law of	432
the federal government or who, in the past twenty years, has been	433
convicted of or pleaded guilty to violating more than once section	434
2919.25 of the Revised Code or an equivalent municipal ordinance,	435
law of another state, or law of the federal government.	436

Sec. 956.05.  (A)(1) No person shall act as or perform the	437
functions of a dog retailer in this state without a dog retailer	438
license issued by the director of the kennel control authority in	439
accordance with this section and rules adopted under section	440
956.03 of the Revised Code.	441

(2) The director shall not issue a license under this section	442
unless the director determines that the applicant will act as or	443
perform the functions of a dog retailer in accordance with this	444
chapter and rules adopted under it.	445

(B) A person who is proposing to act as or perform the	446
functions of a dog retailer shall submit an application for a	447
license to the director. During the month of December but before	448
the first day of January of the next year, a person who is	449
proposing to continue to act as or perform the functions of a dog	450
retailer shall obtain a license from the director for the	451
following year. The person shall submit the application to the	452
director on or before the last day of November of the year	453
preceding the year for which the license is sought.	454

(C) A person who is acting as or performing the functions of	455
a dog retailer on the effective date of this section shall submit	456
to the director an application for a dog retailer license not	457
later than three months after the effective date of this section.	458
The director shall issue or deny the application for a license	459
within ninety days after the receipt of the completed application.	460

(D) No person shall be licensed as or act as or perform the	461
functions of a dog retailer who, in the past twenty years, has	462
been convicted of or pleaded guilty to violating section 959.01,	463
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised	464
Code or an equivalent municipal ordinance, law of another state,	465
or law of the federal government or who, in the past twenty years,	466
has been convicted of or pleaded guilty to violating more than	467
once section 2919.25 of the Revised Code or an equivalent	468
municipal ordinance, law of another state, or law of the federal	469
government.	470

Sec. 956.06. (A) No person shall operate an animal rescue for	471
dogs without a license to do so issued by the director of the	472
kennel control authority in accordance with rules adopted under	473
section 956.03 of the Revised Code. No license application fee	474
shall be charged to an animal rescue for dogs. The director shall	475
maintain a database of all persons that are licensed to operate an	476
animal rescue for dogs in this state.	477

(B) No person shall be licensed as or operate an animal	478
rescue for dogs who, in the past twenty years, has been convicted	479
of or pleaded guilty to violating section 959.01, 959.02, 959.03,	480
959.13, 959.131, 959.15, or 959.16 of the Revised Code or an	481
equivalent municipal ordinance, law of another state, or law of	482
the federal government or who, in the past twenty years, has been	483
convicted of or pleaded guilty to violating more than once section	484
2919.25 of the Revised Code or an equivalent municipal ordinance,	485
law of another state, or law of the federal government.	486

Sec. 956.07. (A) A person who is applying for a license to	487
operate a high volume breeder or to act as or perform the	488
functions of a dog retailer under section 956.04 or 956.05 of the	489
Revised Code, as applicable, shall include with the application	490
for a license a nonrefundable license application fee as follows:	491

(1) For a high volume breeder:

492

(a) One hundred fifty dollars if breeding dogs at the high	493
volume breeder annually produce at least nine, but not more than	494
fifteen litters or, if fewer than nine litters are produced, at	495
least sixty puppies are produced in a calendar year at the kennel;	496

(b) Two hundred fifty dollars if breeding dogs at the high	497
volume breeder annually produce at least sixteen, but not more	498
than twenty-five litters;	499

(c) Three hundred fifty dollars if breeding dogs at the high	500
volume breeder annually produce at least twenty-six, but not more	501
than thirty-five litters;	502

(d) Five hundred dollars if breeding dogs at the high volume	503
breeder annually produce at least thirty-six, but not more than	504
forty-five litters;	505

(e) Seven hundred fifty dollars if breeding dogs at the high	506
volume breeder annually produce forty-six or more litters.	507

(2) For a dog retailer, five hundred dollars.

508

(B) The owner of a boarding kennel shall register the	509
boarding kennel with the director of the kennel control authority	510
by paying an annual fee of fifty dollars.	511

(C) Money collected by the director from application and	512
registration fees submitted under this section shall be	513
transmitted by the director to the treasurer of state to be	514
credited to the high volume breeder kennel control license fund	515
created in section 956.17 of the Revised Code. However, the	516
treasurer of state shall transfer to the county in which a high	517
volume breeder is or will be located fifty dollars of the	518
application fee received from the person who is applying for a	519
license to operate the high volume breeder or an amount equal to	520
the fee charged by the county for the registration of a kennel	521
under section 955.04 of the Revised Code, whichever is greater.	522
The county auditor shall deposit the money in the county's dog and	523
kennel fund created in accordance with section 955.20 of the	524
Revised Code.	525

Sec. 956.08. No person operating a high volume breeder or	526
acting as or performing the functions of a dog retailer shall do	527
any of the following:	528

(A) Fail to keep or confine a dog in accordance with one of	529
the following:	530

(1) In an indoor enclosure with an attached outdoor enclosure	531
that is accessible to the dog, provided that not more than three	532
dogs are kept or confined in the indoor or outdoor enclosure at	533
any one time. For dogs that weigh less than twenty pounds, the	534
indoor enclosure shall be at least four feet by four feet with an	535
attached outdoor enclosure of at least four feet by eight feet.	536
For dogs that weigh at least twenty pounds, but less than	537
fifty-one pounds, the indoor enclosure shall be at least four feet	538
by six feet with an attached outdoor enclosure of at least four	539
feet by twelve feet. For dogs that weigh fifty-one pounds or more,	540
the indoor enclosure shall be at least four feet by eight feet	541
with an attached outdoor enclosure of at least four feet by	542
sixteen feet.	543

(2) In an indoor enclosure with no attached outdoor	544
enclosure, but with an exercise period in an outdoor enclosure	545
that is provided at least two hours each day, provided that not	546
more than three dogs are kept or confined in the indoor or outdoor	547
enclosure at any one time. For dogs that weigh less than twenty	548
pounds, the indoor enclosure shall be at least four feet by four	549
feet, and outdoor exercise shall take place in an enclosed area	550
that is at least ten feet by ten feet. For dogs that weigh at	551
least twenty pounds, but less than fifty-one pounds, the indoor	552
enclosure shall be at least four feet by six feet, and outdoor	553
exercise shall take place in an enclosed area that is at least	554
twenty feet by twenty feet. For dogs that weigh fifty-one pounds	555
or more, the indoor enclosure shall be at least four feet by eight	556
feet, and outdoor exercise shall take place in an enclosed area	557
that is at least forty feet by forty feet.	558

For purposes of complying with division (A)(2) of this	559
section, an indoor enclosure may be utilized for exercise when	560
weather does not permit access to an outdoor enclosure. However,	561
the indoor exercise enclosure shall comply with the size	562
requirements that are established in this division for outdoor	563
enclosures that are used for exercise. In addition, exercise is	564
not required for a dog that has an illness and for which exercise	565
would be detrimental to recovering from the illness. In addition,	566
for purposes of complying with division (A)(2) of this section,	567
enclosures may be stacked on top of one another, but there shall	568
be a nonporous barrier separating the floor and ceiling of stacked	569
enclosures.	570

(B) Keep or confine dogs in an enclosure, crate, or cage with	571
any dog exhibiting vicious or aggressive behavior. Any dog	572
exhibiting vicious or aggressive behavior shall be housed	573
separately to avoid injury to other dogs.	574

(C) Keep or confine more than three adult dogs in one	575
enclosure, crate, or cage;	576

(D) Keep or confine a female dog that is nursing in an	577
enclosure, crate, or cage with another adult dog;	578

(E) Keep or confine a dog in an enclosure, crate, or cage	579
without access to either natural or artificial light during	580
daytime hours;	581

(F) Keep or confine a dog in an enclosure, crate, or cage	582
outdoors unless the dog has access at all times to a dry insulated	583
indoor shelter or dog house with clean straw or other nontoxic	584
insulating material in an amount that is sufficient to permit the	585
dog to burrow under the straw or material while at the same time	586
using the straw or material as bedding;	587

(G) Keep or confine a dog in an enclosure, crate, or cage if	588
urine or feces have accumulated beyond an amount that is expected	589
to accumulate in a normal twenty-four-hour period or, if the dog	590
is a female dog with a litter, in a normal twelve-hour period;	591

(H) Keep or confine a dog in an enclosure, crate, or cage	592
without access to clean unfrozen water at all times unless the dog	593
is being used for hunting or sledding, in which case access to	594
clean unfrozen water shall be provided not less than one time per	595
eight-hour period. Water shall be provided to a dog in an open	596
bowl or container that is not a drip bottle or limited intake	597
mechanism.	598

(I) Keep or confine a dog in an enclosure, crate, or cage	599
without access to adequate and wholesome food on a daily basis so	600
as to ensure a proper and healthy weight unless medically	601
contraindicated;	602

(J) Keep or confine a dog in an enclosure, crate, or cage	603
with flooring material that is incapable of being cleaned or	604
sanitized or that is likely to cause injury to the pads of a dog's	605
feet;	606

(K) Keep or confine a dog in an enclosure, crate, or cage	607
without providing a solid, nonporous surface, free from moisture	608
or feces, that comprises at least fifty per cent of the floor of	609
the enclosure, crate, or cage. The solid surface may include soft	610
bedding. Female dogs with litters and puppies twelve weeks of age	611
or less shall be housed in an enclosure, crate, or cage with a	612
solid, nonporous surface, free from moisture or feces, that	613
comprises one hundred per cent of the floor of the enclosure,	614
crate, or cage. If a nonporous surface that is made of metal is	615
used as flooring in the enclosure, crate, or cage, sufficient	616
straw or soft bedding must be added to offer protection to the	617
dog.	618

(L) Keep or confine a dog in an enclosure, crate, or cage in	619
unsanitary conditions. Hard surfaces used by dogs must be	620
spot-cleaned daily and sanitized at least once every two weeks to	621
prevent the accumulation of dirt, debris, food waste, excreta, and	622
other disease hazards.	623

(M) Keep or confine a dog in an enclosure, crate, or cage	624
that is in contact with or in the immediate vicinity of any animal	625
with a diagnosed or suspected disease that is contagious to dogs;	626

(N) Keep or confine a dog in an enclosure, crate, or cage	627
without adequate ventilation to minimize odors, drafts, ammonia	628
levels, and to prevent the condensation of moisture;	629

(O) Keep or confine a dog in an enclosure, crate, or cage	630
without providing shelter from the elements;	631

(P) Keep or confine a dog in an outdoor run or kennel where	632
shade is not provided during the months of May through September;	633

(Q) Keep or confine a dog in an indoor enclosure, crate, or	634
cage where the temperature is below fifty degrees fahrenheit or	635
over ninety degrees fahrenheit;	636

(R) Fail to keep the area around a kennel in good repair,	637
clean, and free from accumulations of junk, waste products, and	638
discarded materials to protect dogs from injury and to prevent	639
infestation by birds, rodents, or other pests. Weeds, grasses,	640
bushes, and trees shall be controlled at the property on which a	641
kennel is located to allow for effective pest control and to	642
protect the health and safety of the dogs that are housed at the	643
kennel.	644

(S) Fail to provide a dog with sufficient interaction with	645
other dogs. The opportunity for interaction shall allow the dog to	646
move relative to age, breed, sex, and reproductive status and	647
shall take place separately from the primary enclosure in an area	648
that is clean, free of pests and vermin, and that will prevent	649
escape. Dogs in activity groups must be compatible and free of	650
infectious disease.	651

(T) Fail to sanitize food and water receptacles at least	652
every two weeks or more often if necessary to prevent an	653
accumulation of dirt, debris, food waste, excreta, and other	654
disease hazards;	655

(U) Fail to provide a dog with appropriate veterinary care	656
and treatment for any disease, illness, or injury;	657

(V) Fail to provide all bitches with a clean, appropriate	658
whelping box to securely house their puppies during whelping. The	659
whelping box shall be designed so that the bitch can lay fully	660
recumbent, stand, turn around, and have some freedom of movement.	661
No other animals shall inhabit the whelping box besides the bitch	662
and puppies.	663

(W) Fail to trim an adult dog's nails so that there is	664
curling or an impairment of the dog's gait;	665

(X) Fail to provide regular care to a dog to prevent matting	666
of fur from fecal matter or bodily fluids;	667

(Y) Fail to provide a dog with appropriate protection from	668
ectopic parasites or treatment for worms if the dog is so	669
afflicted;	670

(Z) Fail to provide an adult dog with appropriate	671
vaccinations as determined by the dog's veterinarian;	672

(AA) Fail to provide each puppy that is three months of age	673
or older with appropriate phase-in booster vaccines as recommended	674
by a licensed veterinarian;	675

(BB) Fail to provide heartworm preventative to a breeding dog	676
as determined by the dog's veterinarian;	677

(CC) Fail to ensure that a dog in the person's possession or	678
control requiring euthanization is euthanized by a veterinarian or	679
a person under the direct supervision of a veterinarian;	680

(DD) Beat or brutalize a dog within the person's custody or	681
control;	682

(EE) Breed a female dog that has not had a physical	683
examination from a licensed veterinarian in the last twelve months	684
before breeding;	685

(FF) Dock a dog's tail, crop a dog's ear, remove a dog's	686
claws, or debark a dog. Tail docking, ear cropping, the removal of	687
a dog's claws, or debarking shall only be conducted by a licensed	688
veterinarian.	689

(GG) Fail to prepare and implement a plan for the disposal of	690
waste that is generated by dogs at the kennel;	691

(HH) Keep a dog in an enclosure, crate, or cage that includes	692
exposed metal caging without a protective plastic or rubber	693
coating.	694

Divisions (A), (E), (F), (H), (I), (K), and (O) of this	695
section do not apply during the temporary transportation of a dog	696
from one location to another location.	697

Sec. 956.09. The director of the kennel control authority	698
shall appoint kennel control enforcement inspectors for the	699
purpose of enforcing the requirements and standards established by	700
this chapter and rules adopted under it and to act as authorized	701
agents of the authority. Inspectors shall serve at the pleasure of	702
the director and shall be employees of the kennel control	703
authority. Inspectors may issue citations and orders that are	704
necessary to enforce this chapter and rules adopted under it. The	705
director shall provide each kennel control enforcement inspector	706
with an identifying badge and an official uniform. A kennel	707
control enforcement inspector shall have training in animal	708
husbandry, kennel management, record keeping, and first aid.	709

Sec. 956.10.  (A) At least once biennially, the director of	710
the kennel control authority or the director's authorized	711
representative shall inspect a high volume breeder that is subject	712
to licensure under this chapter and rules adopted under section	713
956.03 of the Revised Code to ensure compliance with this chapter	714
and rules adopted under it, including, but not limited to, the	715
standards of care established in section 956.08 of the Revised	716
Code. In addition, upon a complaint, the director may inspect an	717
animal rescue for dogs to ensure compliance with this chapter and	718
rules adopted under section 956.03 of the Revised Code, including,	719
but not limited to, the standards of care established in section	720
956.08 of the Revised Code. Inspections shall be conducted without	721
prior notification to the licensee or persons associated with the	722
licensee. In addition, upon the request of a member of the public,	723
a public official, an animal rescue for dogs, or an animal shelter	724
for dogs, the director or the director's authorized representative	725
shall inspect any facility at which a person is acting as or	726
performing the functions of a dog retailer to ensure such	727
compliance.	728

The director or the director's authorized representative	729
shall inspect a boarding kennel when the director or the	730
director's authorized representative has received information that	731
the boarding kennel is breeding dogs and is subject to licensure	732
under this chapter and rules adopted under section 956.03 of the	733
Revised Code.	734

Inspections shall be conducted in accordance with rules	735
adopted under section 956.03 of the Revised Code. A record of each	736
inspection shall be made by the inspector who is responsible for	737
the inspection in accordance with those rules.	738

(B) The director or the director's authorized representative,	739
upon proper identification and upon stating the purpose and	740
necessity of an inspection, may enter at reasonable times on any	741
public or private property, real or personal, to inspect or	742
investigate and to examine or copy records in order to determine	743
compliance with this chapter and rules adopted under it. The	744
director, the director's authorized representative, or the	745
attorney general upon the request of the director may apply to the	746
appropriate court in the county in which inspection will occur for	747
an appropriate court order or search warrant as necessary to	748
achieve the purposes of this chapter and rules adopted under it.	749

(C) No owner or operator of a high volume breeder, person	750
acting as or performing the functions of a dog retailer, owner or	751
operator of an animal rescue for dogs, or owner or operator of a	752
boarding kennel shall interfere with an inspection or refuse to	753
allow an inspector full access to all areas where dogs are kept or	754
cared for. If entry is refused or inspection or investigation is	755
refused, hindered, or thwarted by a high volume breeder, dog	756
retailer, or animal rescue for dogs the director may suspend or	757
revoke the breeder's, retailer's, or rescue's license in	758
accordance with this chapter.	759

(D) If entry that is authorized by division (B) of this	760
section is refused or if an inspection or investigation is	761
refused, hindered, or thwarted by intimidation or otherwise and if	762
the director, an authorized representative of the director, or the	763
attorney general applies for and obtains a court order or a search	764
warrant under division (B) of this section to conduct the	765
inspection or investigation, the owner or operator of the premises	766
where entry was refused or inspection or investigation was	767
refused, hindered, or thwarted is liable to the director for the	768
reasonable costs incurred by the director for the regular salaries	769
and fringe benefit costs of personnel assigned to conduct the	770
inspection or investigation from the time the court order or	771
search warrant was issued until the court order or search warrant	772
is executed; for the salary, fringe benefits, and travel expenses	773
of the director, an authorized representative of the director, or	774
the attorney general incurred in obtaining the court order or	775
search warrant; and for expenses necessarily incurred for the	776
assistance of local law enforcement officers in executing the	777
court order or search warrant. In the application for a court	778
order or a search warrant, the director, the director's authorized	779
representative, or the attorney general may request and the court,	780
in its order granting the court order or search warrant, may order	781
the owner or operator of the premises to reimburse the director	782
for any of those costs that the court finds reasonable. From money	783
recovered under this division, the director shall reimburse the	784
attorney general for the costs incurred by the attorney general in	785
connection with proceedings for obtaining the court order or	786
search warrant, shall reimburse the political subdivision in which	787
the premises is located for the assistance of its law enforcement	788
officers in executing the court order or search warrant, and shall	789
deposit the remainder in the state treasury to the credit of the	790
high volume breeder kennel control license fund created in section	791
956.17 of the Revised Code.	792

(E) A dog warden appointed under Chapter 955. of the Revised	793
Code or an agent of a humane society established under Chapter	794
1717. of the Revised Code entering on public or private property	795
to make investigations and inspections in accordance with Chapter	796
955. or 1717. of the Revised Code, as applicable, shall report any	797
violations of this chapter and rules adopted under it to the	798
director or a kennel control enforcement inspector and may examine	799
and copy any records that are required to be maintained under	800
rules adopted under this chapter.	801

Sec. 956.11. (A) The director of the kennel control authority	802
or the director's authorized representative may impound a dog if	803
the director or the director's authorized representative has	804
probable cause to believe that the dog is being kept by a high	805
volume breeder, dog retailer, or animal rescue for dogs in a	806
manner that materially violates this chapter or rules adopted	807
under it and if the dog's health or safety appears to be in	808
imminent danger.	809

(B) The director or the director's authorized representative	810
shall give written notice of the impoundment by posting a notice	811
on the door of the premises from which the dog was taken or by	812
otherwise posting the notice in a conspicuous place at the	813
premises from which the dog was taken. The notice shall provide a	814
date for an adjudication hearing, which shall take place not later	815
than five business days after the dog is taken and at which the	816
director shall determine if the dog should be permanently	817
relinquished to the custody of the kennel control authority.	818

(C) The owner or operator of the applicable high volume	819
breeder, the person acting as or performing the functions of a dog	820
retailer, or the owner or operator of the applicable animal rescue	821
for dogs may appeal the determination made at the adjudication	822
hearing in accordance with section 119.12 of the Revised Code,	823
except that the appeal may only be made to the environmental	824
division of the Franklin county municipal court.	825

(D) The director may enter into contracts or agreements with	826
an animal rescue for dogs, an animal shelter for dogs, a boarding	827
kennel, a veterinarian, a board of county commissioners, or a	828
humane society established under Chapter 1717. of the Revised Code	829
for the purpose of keeping, housing, and maintaining dogs that are	830
impounded under this section. If, after the final disposition of	831
an adjudication hearing and any appeals from that adjudication	832
hearing, it is determined that a dog shall be permanently	833
relinquished to the custody of the kennel control authority, the	834
dog may be adopted directly from the animal rescue for dogs,	835
animal shelter for dogs, boarding kennel, veterinarian, county dog	836
pound, or humane society where it is being kept, housed, and	837
maintained, provided that the dog has been spayed or neutered	838
unless there are medical reasons against spaying or neutering as	839
determined by a veterinarian. The animal rescue for dogs, animal	840
shelter for dogs, boarding kennel, veterinarian, county dog pound,	841
or humane society may charge a reasonable adoption fee. The fee	842
shall be at least sufficient to cover the costs of spaying or	843
neutering the dog unless it is medically contraindicated.	844
Impounded dogs shall be returned to persons acquitted of any	845
alleged violations.	846

Sec. 956.12.  If the director of the kennel control authority	847
or the director's authorized representative determines that a	848
person has violated or is violating this chapter or rules adopted	849
under it, the director may issue and cause to be served by	850
certified mail or personal service a citation of violation and an	851
order requiring the person to cease the acts or practices that	852
constitute a violation of this chapter or rules adopted under it	853
or requiring the person to take corrective actions to eliminate	854
the conditions that constitute a violation of this chapter and	855
rules adopted under it. The order shall state specifically the	856
provision or provisions of this chapter or the rule or rules	857
adopted under this chapter that have been violated and the facts	858
constituting the violation, the actions that the person must take	859
to correct the deficiencies, and the time period within which the	860
person must correct the violations.	861

Sec. 956.13.  (A) The director of the kennel control	862
authority may assess a civil penalty against a person violating	863
this chapter or rules adopted under it if all of the following	864
occur:	865

(1) The person has received an order and been notified of the	866
violation by certified mail as required in section 956.12 of the	867
Revised Code.	868

(2) After the time period for correcting the violation	869
specified in the order has elapsed, the director or the director's	870
authorized representative has inspected the premises where the	871
violation has occurred and determined that the violation has not	872
been corrected, and the director has issued a notice of an	873
adjudication hearing pursuant to division (A)(3) of this section.	874

(3) The director affords the person an opportunity for an	875
adjudication hearing under Chapter 119. of the Revised Code to	876
challenge the director's determination that the person is not in	877
compliance with this chapter or rules adopted under it, the	878
imposition of the civil penalty, or both. A person may waive the	879
opportunity for an adjudication hearing.	880

(B) If the opportunity for an adjudication hearing is waived	881
or if, after an adjudication hearing, the director determines that	882
a violation of this chapter or a rule adopted under it has	883
occurred or is occurring, the director may assess a civil penalty.	884
The civil penalty may be appealed in accordance with section	885
119.12 of the Revised Code, except that the civil penalty may only	886
be appealed to the environmental division of the Franklin county	887
municipal court.	888

(C) Civil penalties shall be assessed in the following	889
amounts:	890

(1) A person who has violated division (A)(1) of section	891
956.04, division (A)(1) of section 956.05, or division (A) of	892
section 956.06 of the Revised Code shall pay a civil penalty in an	893
amount that is equal to two times the amount of the license fee	894
that should have been paid by the person under section 956.07 of	895
the Revised Code.	896

(2) A person who has violated division (H) of section 956.04,	897
division (D) of section 956.05, or division (B) of section 956.06	898
of the Revised Code shall pay a civil penalty of not more than	899
fifteen thousand dollars.	900

(3) A person who has violated any other provision of this	901
chapter or rules adopted under it, including, but not limited to,	902
the standards of care established in section 956.08 of the Revised	903
Code, shall pay a civil penalty of twenty-five dollars.	904

Each day that a violation continues constitutes a separate	905
violation.	906

Sec. 956.14. The attorney general, upon the request of the	907
director of the kennel control authority, may bring an action for	908
injunction against a person who has violated or is violating this	909
chapter, rules adopted under it, or an order issued under section	910
956.12 of the Revised Code. An action for injunction shall be	911
filed in the appropriate court in the county in which the	912
violation is alleged to have occurred. The court shall grant such	913
injunctive relief upon a showing that the person against whom the	914
action is brought has violated or is violating this chapter, rules	915
adopted under it, or an order issued under it. The court shall	916
give precedence to such an action over all other cases.	917

Sec. 956.15.  (A) The director of the kennel control	918
authority may deny an application for a license that is submitted	919
under section 956.04, 956.05, or 956.06 of the Revised Code for	920
either of the following reasons:	921

(1) The applicant for the license has violated any provision	922
of this chapter or a rule adopted under it if the violation	923
materially threatens the health or welfare of a dog.	924

(2) The applicant, in the past twenty years, has been	925
convicted of or pleaded guilty to violating section 959.01,	926
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised	927
Code or an equivalent municipal ordinance, law of another state,	928
or law of the federal government or, in the past twenty years, has	929
been convicted of or pleaded guilty to violating more than once	930
section 2919.25 of the Revised Code or an equivalent municipal	931
ordinance, law of another state, or law of the federal government.	932

(B) The director may suspend or revoke a license issued under	933
this chapter for violation of any provision of this chapter or a	934
rule adopted or order issued under it if the violation materially	935
threatens the health and welfare of a dog.	936

(C) An application or a license shall not be denied,	937
suspended, or revoked under this section without a written order	938
of the director stating the findings on which the denial,	939
suspension, or revocation is based. A copy of the order shall be	940
sent to the applicant or license holder by certified mail or may	941
be provided to the applicant or license holder by personal	942
service. In addition, the person to whom a denial, suspension, or	943
revocation applies may request an adjudication hearing under	944
Chapter 119. of the Revised Code. The director shall comply with	945
such a request. The determination of the director at an	946
adjudication hearing may be appealed in accordance with section	947
119.12 of the Revised Code, except that the determination may be	948
appealed only to the environmental division of the Franklin county	949
municipal court.	950

Sec. 956.16.  The director of the kennel control authority,	951
the director's authorized representative, or the attorney general	952
may require the attendance of witnesses and the production of	953
books, records, papers, and dogs that are needed either by the	954
director or the attorney general or by any party to a hearing	955
before the director and for that purpose may issue a subpoena for	956
any witness or a subpoena duces tecum to compel the production of	957
any books, records, papers, or dogs. The subpoena shall be served	958
by personal service or by certified mail. If the subpoena is	959
returned because of inability to deliver, or if no return is	960
received within thirty days after the date of mailing, the	961
subpoena may be served by ordinary mail. If no return of ordinary	962
mail is received within thirty days after the date of mailing,	963
service shall be deemed to have been made. If the subpoena is	964
returned because of inability to deliver, the director or the	965
attorney general may designate a person or persons to effect	966
either personal or residence service on the witness. The person	967
designated to effect personal or residence service under this	968
section may be the sheriff of the county in which the witness	969
resides or may be found or any other duly designated person. The	970
fees and mileage of the person serving the subpoena shall be the	971
same as those allowed by the courts of common pleas in criminal	972
cases and shall be paid from the funds of the authority. Fees and	973
mileage for the witness shall be the same as those allowed for	974
witnesses by the courts of common pleas in criminal cases and	975
shall be paid from the funds of the authority upon request of the	976
witness following the hearing.	977

Sec. 956.17.  All money collected by the director of the	978
kennel control authority from license and registration fees under	979
sections 956.07 and 956.20 of the Revised Code and all money	980
collected from civil penalties assessed under section 956.13 of	981
the Revised Code shall be deposited in the state treasury to the	982
credit of the high volume breeder kennel control license fund,	983
which is hereby created. The director shall use money in the fund	984
for the purpose of administering this chapter and rules adopted	985
under it.	986

Sec. 956.18.  (A) There is hereby created the kennel control	987
authority board consisting of one member of the senate appointed	988
by the president of the senate, one member of the house of	989
representatives appointed by the speaker of the house of	990
representatives, and the following seven members appointed by the	991
governor:	992

(1) One member representing animal care and welfare	993
organizations in this state;	994

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

995

(3) One member who is a veterinarian;

996

(4) One member representing pet stores in this state that are	997
licensed under this chapter as high volume breeders or dog	998
retailers;	999

(5) One member who is a member in good standing of a national	1000
breed parent club of the American kennel club;	1001

(6) One member who is licensed under this chapter as a high	1002
volume breeder;	1003

(7) One member representing the public.

1004

Initial appointments to the board shall be made not later	1005
than sixty days after the effective date of this section. Terms of	1006
office of the members appointed by the president of the senate and	1007
the speaker of the house of representatives shall coincide with	1008
their terms of office as members of the senate and the house of	1009
representatives, as applicable. Of the initial appointments made	1010
by the governor, two shall be for one-year terms, two shall be for	1011
two-year terms, and three shall be for three-year terms.	1012
Thereafter, terms of office of members appointed by the governor	1013
shall be three years, with each term ending on the same day of the	1014
same month as did the term that it succeeds. Each member shall	1015
hold office from the date of appointment until the end of the term	1016
for which the member was appointed. Members may be reappointed.	1017
Vacancies shall be filled in the manner provided for the original	1018
appointments. Any member appointed to fill a vacancy occurring	1019
before the expiration date of the term for which the member's	1020
predecessor was appointed shall hold office for the remainder of	1021
the term. A member shall continue in office subsequent to the	1022
expiration date of the member's term until the member's successor	1023
takes office or until a period of sixty days has elapsed,	1024
whichever occurs first.	1025

(B) The governor shall select a chairperson from among the	1026
board's members. A majority of the members of the board	1027
constitutes a quorum. The board shall meet at least four times a	1028
year in Columbus or at other locations selected by the	1029
chairperson. The chairperson shall determine the agenda for each	1030
meeting of the board. However, if the member appointed by the	1031
president of the senate and the member appointed by the speaker of	1032
the house of representatives jointly request in writing that an	1033
item be placed on the agenda for a meeting of the board, the	1034
chairperson shall place the item on the agenda at the board's next	1035
regularly scheduled meeting occurring more than ten days after the	1036
request has been made.	1037

Members of the board shall serve without compensation for	1038
attending board meetings. Members of the board shall be reimbursed	1039
for their actual and necessary expenses incurred in the	1040
performance of official duties as members of the board.	1041

(C) The board shall provide oversight and evaluation of the	1042
administration of this chapter and rules adopted under it,	1043
including the operation of the kennel control authority created in	1044
section 956.02 of the Revised Code. The oversight and evaluation	1045
may include, but not be limited to, a determination of whether	1046
this chapter and rules adopted under it and the operation of the	1047
authority have resulted in the prevention of cruelty to and abuse	1048
of dogs and an evaluation of the sanctions imposed on violators of	1049
this chapter and rules adopted under it. In addition, the board	1050
may make recommendations to the director of the kennel control	1051
authority for changes to the administration of this chapter and	1052
rules adopted under it and to the general assembly for changes to	1053
this chapter that the board considers necessary for the effective	1054
enforcement of this chapter and rules adopted under it. The board	1055
may inspect records kept by the kennel control authority and may	1056
interview kennel control enforcement inspectors. The board, by the	1057
thirty-first day of December each year, shall issue a report of	1058
its findings and submit it to the authority, the president of the	1059
senate, and the speaker of the house of representatives.	1060

Sec. 956.19.  (A) In accordance with rules adopted under	1061
section 956.03 of the Revised Code, at the time of the sale of a	1062
dog, a pet store shall provide the buyer of the dog with either of	1063
the following:	1064

(1) A record of veterinary examination that states that the	1065
dog presents no evidence of disease or physical deformity at the	1066
time of the examination;	1067

(2) A money-back guarantee that is valid for not less than	1068
twenty-one days after the date of purchase of the dog. The	1069
guarantee shall authorize the purchaser of the dog to receive the	1070
purchase price of the dog from the pet store within that	1071
twenty-one-day period if the purchaser presents a statement to the	1072
pet store from a veterinarian who has examined the dog within	1073
fourteen days of the purchase of the dog that the dog has a	1074
significant disease, illness, or injury that was in existence at	1075
the time of the purchase of the dog.	1076

(B) A pet store shall post written notice of the pet store's	1077
responsibility under this section in a conspicuous location near	1078
the pet store's cash register. The written notice shall be posted	1079
in accordance with rules and shall be in prominent and easily read	1080
type that is not less than eighteen-point type.	1081

(C) At a time prior to the sale of a dog, a pet store shall	1082
provide the name, complete address, and telephone number of the	1083
breeder that bred the dog, the high volume breeder where the dog	1084
was kept, housed, and maintained, and the dog retailer from whom	1085
the pet store acquired the dog, as applicable. The pet store also	1086
shall provide the telephone number and the address of the kennel	1087
control authority.	1088

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

1089

(E) A pet store that fails to comply with division (A)(1) of	1090
this section with respect to the sale of a dog or a pet store that	1091
fails to refund the purchase price of a dog in accordance with	1092
division (A)(2) of this section is liable to the purchaser of the	1093
dog for an amount that is equal to the actual damages incurred by	1094
the purchaser within one year after the date of the purchase of	1095
the dog, except that veterinary expenses are to be limited to not	1096
more than five hundred dollars. The pet store also is liable for	1097
reasonable attorney's fees and costs incurred by the purchaser. In	1098
addition, the buyer of the dog may keep the dog.	1099

(F) The director of the kennel control authority or the	1100
director's authorized representative shall enforce divisions (A)	1101
through (D) of this section. Kennel control enforcement inspectors	1102
may make inspections of pet stores for the purpose of enforcing	1103
those divisions of this section.	1104

(G) A purchaser shall commence any action necessary to	1105
recover damages specified in division (E) of this section within	1106
two years from the date of purchase of a dog.	1107

Sec. 956.20. No high volume breeder shall sell or otherwise	1108
transfer a puppy that is less than ninety days old without	1109
registering the litter in which the puppy was born with the	1110
director of the kennel control authority in accordance with rules	1111
adopted under section 956.03 of the Revised Code and paying a	1112
registration fee of twenty-five dollars per litter. This section	1113
does not apply to an animal rescue for dogs or an animal shelter	1114
for dogs.	1115

Sec. 956.98.  No person shall violate this chapter or a rule	1116
adopted or order issued under it.	1117

Sec. 956.99.  Whoever violates section 956.98 of the Revised	1118
Code is guilty of a misdemeanor of the first degree.	1119

Sec. 1901.183.  In addition to jurisdiction otherwise granted	1120
in this chapter, the environmental division of a municipal court	1121
shall have jurisdiction within its territory in all of the	1122
following actions or proceedings and to perform all of the	1123
following functions:	1124

(A) Notwithstanding any monetary limitations in section	1125
1901.17 of the Revised Code, in all actions and proceedings for	1126
the sale of real or personal property under lien of a judgment of	1127
the environmental division of the municipal court, or a lien for	1128
machinery, material, fuel furnished, or labor performed,	1129
irrespective of amount, and, in those cases, the environmental	1130
division may proceed to foreclose and marshal all liens and all	1131
vested or contingent rights, to appoint a receiver, and to render	1132
personal judgment irrespective of amount in favor of any party;	1133

(B) When in aid of execution of a judgment of the	1134
environmental division of the municipal court, in all actions for	1135
the foreclosure of a mortgage on real property given to secure the	1136
payment of money, or the enforcement of a specific lien for money	1137
or other encumbrance or charge on real property, when the real	1138
property is situated within the territory, and, in those cases,	1139
the environmental division may proceed to foreclose all liens and	1140
all vested and contingent rights and proceed to render judgments,	1141
and make findings and orders, between the parties, in the same	1142
manner and to the same extent as in similar cases in the court of	1143
common pleas;	1144

(C) When in aid of execution of a judgment of the	1145
environmental division of the municipal court, in all actions for	1146
the recovery of real property situated within the territory to the	1147
same extent as courts of common pleas have jurisdiction;	1148

(D) In all actions for injunction to prevent or terminate	1149
violations of the ordinances and regulations of any municipal	1150
corporation within its territory enacted or promulgated under the	1151
police power of that municipal corporation pursuant to Section 3	1152
of Article XVIII, Ohio Constitution, over which the court of	1153
common pleas has or may have jurisdiction, and, in those cases,	1154
the environmental division of the municipal court may proceed to	1155
render judgments, and make findings and orders, in the same manner	1156
and to the same extent as in similar cases in the court of common	1157
pleas;	1158

(E) In all actions for injunction to prevent or terminate	1159
violations of the resolutions and regulations of any political	1160
subdivision within its territory enacted or promulgated under the	1161
power of that political subdivision pursuant to Article X of the	1162
Ohio Constitution, over which the court of common pleas has or may	1163
have jurisdiction, and, in those cases, the environmental division	1164
of the municipal court may proceed to render judgments, and make	1165
findings and orders, in the same manner and to the same extent as	1166
in similar cases in the court of common pleas;	1167

(F) In any civil action to enforce any provision of Chapter	1168
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	1169
over which the court of common pleas has or may have jurisdiction,	1170
and, in those actions, the environmental division of the municipal	1171
court may proceed to render judgments, and make findings and	1172
orders, in the same manner and to the same extent as in similar	1173
actions in the court of common pleas;	1174

(G) In all actions and proceedings in the nature of	1175
creditors' bills, and in aid of execution to subject the interests	1176
of a judgment debtor in real or personal property to the payment	1177
of a judgment of the division, and, in those actions and	1178
proceedings, the environmental division may proceed to marshal and	1179
foreclose all liens on the property irrespective of the amount of	1180
the lien, and all vested or contingent rights in the property;	1181

(H) Concurrent jurisdiction with the court of common pleas of	1182
all criminal actions or proceedings related to the pollution of	1183
the air, ground, or water within the territory of the	1184
environmental division of the municipal court, for which a	1185
sentence of death cannot be imposed under Chapter 2903. of the	1186
Revised Code;	1187

(I) In any review or appeal of any final order of any	1188
administrative officer, agency, board, department, tribunal,	1189
commission, or other instrumentality that relates to a local	1190
building, housing, air pollution, sanitation, health, fire,	1191
zoning, or safety code, ordinance, or regulation, in the same	1192
manner and to the same extent as in similar appeals in the court	1193
of common pleas;	1194

(J) With respect to the environmental division of the	1195
Franklin county municipal court, to hear appeals from adjudication	1196
hearings conducted under Chapter 956. of the Revised Code.	1197

Section 2.  That existing sections 955.02, 955.10, 955.12,	1198
955.20, 955.26, and 1901.183 of the Revised Code are hereby	1199
repealed.	1200

Section 3. It is the intent of the General Assembly to	1201
appropriate money to the High Volume Breeder Kennel Control	1202
License Fund created in section 956.17 of the Revised Code to	1203
enable the Kennel Control Authority created in section 956.02 of	1204
the Revised Code to begin administering Chapter 956. of the	1205
Revised Code and rules adopted under it.	1206

Section 4. Notwithstanding the requirements for licensure for	1207
two members of the kennel control authority board created under	1208
section 956.18 of the Revised Code, for the initial appointments	1209
of such members it is sufficient that these appointees apply for	1210
the requisite licensure within thirty days after their	1211
appointments are made. Their continued membership on the board is	1212
contingent upon the satisfactory completion of the application	1213
process and receipt of the requisite license from the director of	1214
the kennel control authority. An inability to obtain approval for	1215
licensure shall render the office vacant. All subsequent members	1216
who are required to have a license shall be licensed, or be in the	1217
process of renewing such license, before being appointed to the	1218
board.	1219