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505.25 FAILURE TO RESTRAIN DOG IN A MOTOR VEHICLE.
   (a)   No person who is the operator of a motor vehicle shall negligently permit a dog to ride in the unenclosed bed of a pickup truck, or the unenclosed portion of any motor vehicle, unless that dog is being adequately restrained so that it could not be reasonably expected that the dog could exit the motor vehicle while the motor vehicle is in operation.
   (b)   Whoever violates this Section shall be guilty of a minor misdemeanor on a first offense, and a misdemeanor of the fourth degree on any subsequent offense. Failure to restrain dog in a motor vehicle shall be a misdemeanor of the second degree if the dog or a person is injured as a result of the offense.
(Ord. 11-18. Passed 5-16-11.)
505.26 RIGHTS OF BLIND, DEAF OR HEARING IMPAIRED, OR MOBILITY IMPAIRED PERSON, OR TRAINER WITH ASSISTANCE DOG.
   (a)   When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
      (1)   The dog shall not occupy a seat in any public conveyance; and
      (2)   The dog shall be leashed while using the facilities of a common carrier.
      (3)   Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
   (b)   No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
   (c)   As used in this section:
      (1)   “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
         A.   A guide dog;
         B.   A hearing dog;
         C.   A service dog.
      (2)   “Blind” means either of the following:
         A.   Vision 20/20 or less in the better eye with proper correction;
         B.   Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
      (3)   “Guide dog” means a dog that has been trained or is in training to assist a blind person.
      (4)   “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
      (5)   “Institutions of education” means:
         A.   Any state university or college as defined in Ohio R.C. 3345.32;
         B.   Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
         C.   Any elementary or secondary school operated by a board of education;
         D.   Any chartered or nonchartered nonpublic elementary or secondary school; or
         E.   Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
      (6)   “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
      (7)   “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
         (ORC 955.011(B), 955.43(C))
   (d)   Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. (ORC 955.99(D))
505.99 PENALTY.
   (a)   Except as otherwise specifically provided for, whoever violates any provision of this chapter is guilty of a minor misdemeanor. (See Section 501.99 for penalties applicable to any misdemeanor classification.)
 
   (b)    In addition to any other penalty imposed by a court, for any person convicted of Sections 505.20, 505.21 or 505.23, the court may also impose any or all of the following conditions upon sentencing:
      (1)   The offender pay restitution to the impounding agency or any other person who provided veterinary care or other care, including reasonably necessary euthanasia services, to an animal as a result of the offense.
      (2)   The offender be ordered to forfeit any or all of the animals in that person's ownership or care.
      (3)   As a condition of probation, the offender be required to submit to a mental health assessment and/or treatment.
      (4)   The court also may prohibit or place limitations or other conditions on the person's ability to own or care for animals, or to reside in a place where animals are kept, for a specified or indefinite period of time, and may, as a condition of probation, require the offender to submit to random announced and unannounced inspections of the offender's residence or other properties to ensure compliance with such restrictions.
         (Ord. 11-18. Passed 5-16-11.)