CHAPTER 127 ANIMAL CONTROL

Transcription

1 CHAPTER 127 ANIMAL CONTROL Latest Revision INTRODUCTION Most counties have problems with dogs. "Man's best friend" can create problems for both rural and urban counties. Counties are required by law to register dogs and are involved in their control either alone or in conjunction with humane societies. This chapter of the handbook deals with many topics concerning dogs, including registration; the dog and kennel fund; dog wardens; animal claims; the impounding, disposition, or destruction of dogs; dangerous and vicious dogs; and relationships with humane societies. Dog law is found in Chapter 955 of the Revised Code DOG AND KENNEL REGISTRATION Any person who owns, keeps, or harbors a dog more than three months of age must file an application for registration between December 1 and no later than January 20 of each year with the county auditor (ORC ). The county commissioners may, in the case of an emergency,extend this period. The license runs from the date of issuance until January 20 of the following year. Kennel owners must apply in the same manner and are licensed for the same period of time. Kennel registration entitles the owner to five tags with additional tags available for an additional fee. Kennel owners are defined as a person, partnership, firm, company, or corporation professionally engaged in the business of breeding dogs for hunting or for sale, where a person breeds dogs avowedly as a hobby and yet permits sales to become such a factor that he advertises his dogs, he is required to purchase a kennel license (OAG ). If a dog is registered in one county and the owner moves in the middle of the year, the dog need not be registered in the new county until the next year (OAG ). If a dog is brought into Ohio from outside of the state, however, a new Ohio license must be obtained within 30 days. Ohio law also provides for free permanent registration for dogs providing

2 assistance to persons who are blind, deaf, or persons whose mobility is impaired, or are in training for such purposes (ORC ). Dogs used for law enforcement purposes must be registered like all other dogs (OAG ). The county auditor may also authorize agents to receive applications and issue certificates of registration and tags. The auditor must also establish rules for reporting and accounting by such authorized agents. The auditor may also deputize dog wardens and deputies for this purpose. After the application is approved and fee is collected, the auditor or auditor's agent delivers a certificate of registration with a distinct number (ORC ) and a metal tag (ORC ). Metal tags must be a different color from the tags issued the previous year, and must be worn at all times by the dog. In the event the tags are not worn the dog is subject to impounding, sale, or destruction as if the dog were not registered and failure to wear a tag is a minor misdemeanor (ORC ). Tags need not be worn by dogs constantly confined to registered kennels. The certificates or registration and applications which is the permanent record which must be maintained by the auditor in the dog and kennel register RESPONSIBILITY OF COUNTY COMMISSIONERS AND AUTHORITIES The county commissioners have the following basic responsibility and authority relative to dogs: 1. To provide suitable equipment to take dogs in a humane manner. 2. To provide a suitable place to impound dogs. 3. To make proper provision for caring and feeding of dogs. 4. To provide humane methods and devices for destroying dogs. If a humane society exists and has a suitable animal shelter and devices for humanely destroying dogs, the county need not duplicate these facilities, the dog warden must then use these facilities. 5. To adopt resolutions to control dogs in the unincorporated area of the county if they do not conflict with any provision of the Ohio Revised Code. Such resolutions can deal with such issues as ownership, keeping and restraint of dogs, and dogs as public nuisances or as a threat to public health, safety and welfare. These resolutions can not apply to dogs while hunting. This authority was enacted in response to dangerous or vicious dog problems, but it has been interpreted to include authority to establish a program where dogs made available for adoption will be spayed or neutered (OAG ) DOG AND KENNEL REGISTRATION FEES

3 Various options for dog and kennel fees are provided for in Chapter 955 of the Revised Code. Following is a summary of the important provisions: 1. The standard license fee for dogs is $2 unless a higher fee is established (ORC ). 2. The standard fee for kennel licenses is $10 unless a higher fee is established (ORC ). 3. County commissioners may increase fees to not more than $4 for dogs and $20 for kennels by resolution, however, the ratio of two to ten must be maintained (ORC (B)). 4. Dog and kennel fees may be increased to higher level if there is not enough money in the dog and kennel fund to pay allowed animal claims after applying administrative expenses during any year. The ratio of two to ten between dog and kennel fees, however, must be maintained. If there are not adequate monies in the dog and kennel fund to pay the allowed claims, the commissioners must do either or both of the following: a. Between October 1 thru 15 determine: (1) The total claims entered. (2) The total money allowed for animal claims. (3) The total expense for administration. (4) The total received from dog and kennel registration fees. Using this data the commissioners may then establish new fees that are not subject to the $4 and $20 limitation. The new fee established must be established so that when one multiplies the new fee by the total number of dog and kennel registrations for the previous year, the dollar result will equal the cost which includes: (1) Total claims paid. (2) Total of outstanding claims allowed. (3) Administrative expenses. b. Provide by resolution that all allowed remaining unpaid claims will be paid out of the county general fund. If this action is taken, however, the amount used from the general fund to pay claims must be returned to the general fund

4 from the dog and kennel fund before February 20 of the next year (ORC (A)). 5. County commissioners may also establish a higher fee for dogs over nine months old that have not been spayed or neutered, except in the following cases: a. A licensed veterinarian provides a certificate verifying that the dog should not be spayed or neutered because of age or medical condition. b. A licensed veterinarian produces a certificate verifying that the dog is used or intended for show or breeding purposes. c. A certificate from the owner declares that the dog is used or is intended to be used for hunting purposes and that the owner has a valid hunting license. If such a differential license fee is established the owner of dogs that have been spayed or neutered may be required to submit a certificate from a licensed veterinarian attesting to this fact before they are eligible for the lower registration fee. 6. For dogs that become three months old after July 1, or when a dog over three months old is brought into Ohio after July 1, the registration fee is 50 percent of the total amount including any applicable penalty OTHER FEES In addition to the basic registration fees specified above,the following fees are provided for by law: 1. If the registration fees are increased above $2 for dogs and $10 for kennels, 10 cents of each license fee must be sent to the Ohio State University College of Veterinary Medicine for research purposes. 2. If tags are lost a duplicate is issued for 25 cents (ORC ). 3. Registered kennels may receive additional tags for one dollar each in excess of the five they receive with a kennel registration. 4. A 25 cent fee to the county auditor to record a transfer of ownership certificate (ORC (B)). 5. For dogs seized or impounded the following costs are allowed (ORC ): a. For filing an affidavit and issuing an order to seize a dog - $1. b. For seizing a dog and delivering it to the dog pound - $4.

5 c. For serving or posting a notice to an owner - $2. d. For housing and feeding - $1.50 per day. e. For selling or destroying a dog - $ ADMINISTRATIVE FEE If the county auditor authorizes agents to accept applications and register dogs and kennels, such agents may charge a 75 cent administrative fee. The county auditor or deputized dog warden, however, may not charge this fee PENALTY FOR LATE REGISTRATION For dogs or kennels that are not registered before January 20, a penalty in an amount equal to the registration fee must be imposed by the county auditor or his agent. If a dog is acquired or a person becomes a kennel owner after January 20, application must be made within 30 days or a penalty in an amount equal to the registration fee must be imposed by the auditor or his agent TRANSFER OF DOGS When a dog is sold, the seller is required to provide to the buyer a transfer of ownership certificate which contains the registration number of the dog, the name and signature of the seller, and a brief description of the dog. The transfer of ownership form may be obtained at the auditor's office, and the auditor will transfer the ownership for a fee of 25 cents COUNTY DOG WARDENS The county commissioners shall appoint a dog warden and such deputies as is necessary and may fix their compensation. Wardens must give bond in an amount set by the commissioners of at least $500 and not more than $2,000. The bonds may be individual or blanket bonds, and must be filed with the county auditor. The commissioners may also appoint humane society officers to act as county dog wardens or deputies if the society owns a suitable place for keeping and destroying dogs. The dog warden and deputy dog wardens are classified civil service employees (OAG ) POWERS AND DUTIES OF DOG WARDENS Following are the statutory duties of the county dog warden: 1. To keep a record of all dogs owned, harbored or kept in the county.

6 2. To patrol the county and seize and impound all dogs found running at large and all dogs over three months old not wearing a valid registration tag. 3. To investigate claims for damages to animals. 4. To assist citizens in filing animal claim forms and with coyote claims. 5. To make weekly written reports to the county commissioners including the following information: a. Number of dogs seized. b. Number of dogs impounded. c. Number of dogs redeemed. d. Number of dogs destroyed. e. Number and amount of animal claims received. 6. Dog wardens have the same police powers as sheriffs in the performance of their duties but do not have to obtain a certificate from the peace officer training council (OAG ). 7. To keep a record of all dogs impounded, their disposition, the owners' name and address, and a summary of the costs assessed. This must be filed quarterly with the county treasurer. 8. To summon the assistance of bystanders in performing their duties. 9. To serve legal papers with reference to enforcing dog laws. 10. To assist health officials in enforcing a quarantine order. 11. To assist health officials in enforcing a vaccination order. 12. To seize dogs after the filing of an affidavit in court by any person concerning a dog running at large or not having a valid registration. 13. To furnish to sellers of dogs, at no cost, forms to notify new owners and certain agencies about vicious or dangerous dogs. 14. To apply to the court of common pleas to enter the premises and seize a dog if the dog warden has reason to believe that a dog is being treated inhumanely by its owner, keeper, or harborer.

7 DOG AND KENNEL FUND The dog and kennel fund is a special fund in the county treasury. All registration fees and most other revenue received by the dog warden or poundkeeper in performance of their responsibilities are deposited in this fund (ORC ). Funds received through municipal contracts, however, can be paid into the general fund or a special fund can be established for such receipts. Following are the authorized expenditures from the dog and kennel fund: 1. To pay for salaries, equipment, and supplies. 2. To pay for animal claims allowed. 3. To pay the auditor's office for tags, blanks, records and clerk hire. In making the appropriation to the dog and kennel fund, the commissioners may not appropriate more than 15 percent to the county auditor for tags, forms, records, and personnel in the auditor's office, and for the purpose of defraying the necessary expenses of registering, seizing, impounding, and destroying dogs. If the initial appropriation for such purposes is not adequate, a supplemental appropriation is permitted, after the board first sets aside the larger of either the amount of animal claims filed during the year or the total amount of claims allowed in the prior year, whichever is larger FUNDS FOR HUMANE SOCIETIES County humane societies are organized under the provisions of Section of the Revised Code. Agents appointed must be approved by the mayor of municipal corporation and by the probate judge if the society exists outside of the municipal corporation. Following are some interesting financial obligations counties may have toward societies or agents: 1. If the probate judge approves the appointment of the humane society agent the county must pay such amount to the agent as the board determines, but not less than $25 per month. Only one such agent must receive such funds. The money is paid from the general fund (ORC ). 2. At the end of the year the county commissioners may appropriate funds from the general fund to a county humane society if they desire (ORC ). 3. A Humane Society that employs an attorney to prosecute certain violations of law shall be paid with county funds in a just and reasonable amount as approved by the county commissioners (ORC ).

8 4. During December, if more than $2,000 remains in the dog and kennel fund, after paying other necessary expenses, any portion of the excess over $2,000 that the commissioners deem necessary may be paid to the treasurer of the Humane Society (ORC ). This may only be paid if a county Humane Society with appointed humane agents or any other society organized under Chapter 1717 of the Revised Code exists, owns, or controls a dog kennel or place for keeping and destroying dogs, and employs humane agents. 5. If the Humane Society has an animal shelter with devices for humanely destroying dogs, and the county chooses not to have its own facilities, the commissioners shall provide reasonable compensation for such services from the dog and kennel fund (ORC ) IMPOUNDING AND DISPOSITION OF DOGS A dog warden may pick up and impound dogs for a variety of reasons. If a dog is impounded it must be kept for redemption by the owner, housed, and fed for specified time periods before it is sold, released, or humanely destroyed as follows: 1. It must be kept for three days if not registered. 2. It must be kept for 14 days if it is registered and unsuccessful attempts have been made to notify the owner. 3. It must be kept for 14 days plus 48 hours if it is registered and the owner requests that the dog be kept until redeemed. After the end of any of these redemption periods, the dog may be disposed of as follows: 1. It must first be donated to a non-profit agency that trains dogs for blind or deaf persons or persons with mobility impairments if the agency has requested such donations. 2. If such a non-profit agency does not redeem the dog, it may be sold to any person after the animal is registered. 3. It may be sold to any non-profit Ohio institution that is certified by the Ohio public health council as being engaged in teaching or research relating to the prevention or treatment of diseases of animals or humans. In this case the dog does not have to be registered, but a three dollar fee must be paid. Any such organization obtaining dogs shall, at all reasonable times, make the dogs available for inspection by agents of the Ohio Humane Society or any county Humane Society. They must keep a record of all dogs received and the source of supply for a period of three years. The sale or release to U.S. Department of Agriculture (USDA) licensed animal dealers is not allowed under Ohio law.

9 It should be stressed that the county dog warden has discretion on whether to offer dogs to teaching and research institutions. There is no legal right for such teaching and research institutions to obtain dogs if the county determines it does not want dogs released for this purpose (OAG ). 4. Dogs may then be humanely destroyed after the appropriate redemption period, provided that if a teaching and research institution has requested dogs, 24 hour notice must be given to such an institution prior to humane destruction IMPOUNDING OF RABID DOGS County dog wardens may be required to impound in the shelter, or such other place as the county commissioners deem appropriate, a dog which has bitten a person, for a period of 10 days to determine if the dog has rabies. In practice most dogs that bite someone are actually quarantined at the owners home. If the dog is quarantined in the county shelter, however, the board of health must reimburse the county costs incurred in the quarantining of the animal. The Attorney General has ruled that when a dog warden seizes a stray dog that the health district must pay the costs associated with the quarantine if the county would have to keep the dog for more than three days (OAG ). Where the owner, keeper or harborer of the dog is known the warden may assess the cost of keeping the dog to the owner. If such costs are not paid within 30 days, the cost shall be recovered by the county treasurer in a civil action against the owner, keeper or harborer. County commissioners must deposit any monies they so receive into the dog and kennel fund THE HUMANE DESTRUCTION OF DOGS The Ohio Revised Code states: "No person shall destroy any dog by use of a high altitude decompression chamber, or by any method other than a method that immediately and painlessly renders the dog initially unconscious and subsequently dead." Even though these methods are not defined, the following methods properly administered are generally accepted: 1. Injectables - Sodium Pentobarbital, Fatal Plus. 2. Carbon Monoxide - cooled and filtered only. Counties should refer to methods recommended in the American Veterinary Medical Association (AVMA) report on euthanasia. 3. Chloroform, under restrictions in the AVMA report. 4. Firearms (under some conditions) ANIMAL CLAIMS PROCEDURE

10 Any owner of horses, sheep, cattle, goats, swine, mules, domestic rabbits or domestic fowl or poultry that have a fair replacement value of at least $10 may receive compensation from the dog and kennel fund if the animal is injured or killed by a dog other than the owner's dog. Following are the steps that must be followed in order to be eligible for payment. 1. The owner must notify the dog warden or a county commissioner within three days after discovering the loss or injury. 2. If a commissioner is first notified, he immediately notifies the dog warden. 3. The dog warden investigates the claim, provides the owner with claim forms, and assists the owner in completing the form. The form includes a space where the owner must indicate if he was insured against the loss. If he was so insured a copy of the insurance policy must be submitted (ORC ). 4. The dog warden reviews the completed claim form and if he finds that all statements made on the claim form are correct and if he agrees with the owner on the amount of the fair market value, he certifies this fact and transmits the form and accompanying materials to the county commissioners. 5. If the dog warden does not find all statements on the claim form to be correct or if he does not agree with the owner concerning the fair market value, the owner may then appeal to the township trustees. 6. The owner who appeals to the township trustees then has 20 days after the loss or injury to submit statements from at least two witnesses who saw the results of the killing or injury. The statement of the witnesses should include statements concerning the nature and amount of the injury or loss. These witnesses must be able to testify. 7. The township trustees conduct a hearing on the claim and make a finding that it transmits to the county commissioners. The trustees cannot provide for payment of more than $500 per animal or the uninsured amount of the loss if less than $500 per animal (ORC ). Witnesses that testify before township trustees are entitled to $6 and round trip mileage at 10 cents per mile. These charges must also be sent to the county commissioners. 8. The commissioners consider claims at the next regular meeting after they have been submitted by either the dog warden or the township trustees. They may hear additional testimony and may allow any payment they feel is just, but the amount allowed may not exceed the lesser of $500 per animal or the uninsured amount of the loss or injury (ORC ).

11 9. The owner then has 30 days to appeal the payment allowed by appealing to the probate court. 10. The court will then make a determination of the fair market value, provided the court may not exceed the lesser of $500 per animal or the uninsured amount of the loss or injury (ORC ). Each side may call no more than three witnesses. If the court allows more than the final allowance by the commissioners, court costs are shared equally by the owner and county. If no increase is allowed by the court the owner must pay all court costs FAIR MARKET VALUE In 1981, HB 760 changed the reference to the value of killed or injured animals or fowl from "fair replacement value" to "fair market value." The intent of this change was to reduce the amount that had to be paid for expensive animal claims that far exceeded slaughter value, however, the exact application of this term varies from county to county. Large claims against dog and kennel funds still occur in many counties, and have caused huge deficits in dog and kennel funds. The enactment of HB 454 in 1985, however, effectively places a $500 maximum per animal on claims INSURANCE COVERAGE BY OWNERS AND INSURANCE SUBROGATION Most modern farm owner insurance policies contain coverage for the damage to livestock and fowl resulting from dog bites. It would thus appear that some claims for killed or injured livestock might be receiving duplicate payments. Ohio law is silent on the subject so it would appear that county commissioners and dog wardens are helpless in any attempt to recover any payment made to owners. Likewise, however, there is no authority for insurance companies to subrogate against the dog and kennel fund ANIMAL CLAIMS BY COYOTE KILLS In recent years coyotes have become a problem for livestock farmers. Dog wardens have determined, in some instances, when they have been called upon to investigate animal claims, that the kill or injury was caused by coyotes rather than dogs. In 1987 the state legislature adopted legislation (HB 848) which provides a method for reimbursing owners of livestock killed or injured by coyotes. The legislation was subsequently repealed, then reinstated. County commissioners are not involved in the investigation or payment of coyote claims, except that their dog warden must make the determination of the cause of damage. Owners of horses, sheep, cattle, swine, mules, goats, domestic rabbits, or domestic fowl or poultry having an aggregate fair market value of $10 or more are eligible for reimbursement if those animals are killed or injured by coyotes. Following is the procedure for reimbursement: 1. The dog warden must be notified within three days of the discovery of the loss.

12 2. The dog warden must investigate and determine if the loss was caused by a coyote. 3. If the dog warden determines that the loss was caused by a coyote, the warden shall promptly notify the game protector, who shall investigate the loss and affirm, disaffirm, or state uncertainty about the finding of the warden. 4. If the game protector affirms or is uncertain about the finding of the dog warden, the dog warden shall provide the owner with coyote claim forms and assist in filling them out. Any registration forms should be included with these claim forms. 5. If the dog warden finds all the statements in the claim forms to be correct, the warden certifies these forms and forwards them to the department of agriculture. 6. If the dog warden does not find all the statements to be correct or does not agree with the owner as to the value, the owner may appeal to the department of agriculture. After reviewing the forms, information from the dog warden, and any other pertinent information, the department shall make a determination as to the fair market value. 7. The department of agriculture hears coyote claims in the order of their filing, and may allow claims in full or in part, or may disallow them. The department makes the final determination. 8. Claims may not be paid which are paid or payable from an insurance policy, except for the amount of the deductible. 9. Claims are payable from the Agro Ohio fund. The Agro Ohio fund was created through Section of the Revised Code, and is funded primarily through the distribution of 70 percent of the proceeds of the sale of escheated lands (property reverting to the government because there are no legal heirs) (ORC ). See Sections of the Revised Code for details concerning livestock kills or injuries from coyotes MEDICAL PAYMENTS TO RABIES VICTIMS Persons bitten by rabid animals may receive up to $200 for medical or surgical treatment from the general fund. The person must make an itemized claim within four months at the regular meeting of the commissioners. The commissioners must examine the claim and make its decision not later than the third regular meeting after the claim was presented DANGEROUS AND VICIOUS DOGS As a result of attacks and deaths by dogs, the General Assembly has enacted a variety of provisions of Ohio law concerning dangerous and vicious dogs. This section will not deal

13 with all issues relating to vicious and dangerous dogs, however, will concentrate on areas that affect counties. For further information refer to Section , , and of the Revised Code. The law defines vicious and dangerous dogs, requires notification of new owners and certain agencies upon transfer of such a dog, specifies confinement requirements for vicious and dangerous dogs, and requires liability insurance by owners of vicious dogs. The seller of a dangerous or vicious dog must, upon the buyer's request, provide a written statement as to the dog's behavior. If the seller has knowledge that the dog is dangerous or vicious, the seller must provide to the buyer, the board of health, and the dog warden a written form containing the name and address of the buyer, and the age, sex, color, breed, and registration number of the dog. In addition, the seller must answer the following questions, which must be included on the form: 1. Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred. 2. Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred. 3. Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred. The dog warden shall furnish the form at no cost. Finally, counties, townships, and municipalities have the authority to adopt ordinances or resolutions to control dogs that are not in conflict with other provisions of state law. County resolutions can only apply to the unincorporated area of the county, and townships only have the authority if the county has not adopted such a resolution. Resolutions relating to the control of dogs include; but are not limited to, resolutions concerning ownership; keeping or harboring of dogs; restraint of dogs; dogs as public nuisances; and dogs as a threat to public health, safety, and welfare. Such resolutions concerning the control of dogs may not prohibit the use of dogs for hunting. This is rather broad authority, and while enacted primarily to allow for local control over dangerous and vicious dogs, this section has been interpreted to allow a county to establish a program where dogs must be spayed or neutered before released by the county under Section of the Revised Code (OAG ) CONTRACTS WITH MUNICIPALITIES Municipalities have the authority to enact animal control ordinances pursuant to the home rule amendment of the Ohio Constitution (Article XVIII, Section 3). In addition, Section

14 of the Revised Code authorizes municipalities to regulate, impound, and sell animals running at large and to dispose of dogs running at large. A county may contract with a municipality that has adopted an animal control ordinance for the enforcement of the municipal animal control ordinance pursuant to Section of the Revised Code. The contract with the city or village may provide that the county will use its animal shelter for housing, selling or disposing of such animals or dogs. If the municipal ordinance deals with the control of cats, the county may assume this responsibility also. Monies that the county receives from the contract can be deposited in the general fund or a special fund may be established with the approval of the state auditor (OAG ).