(A) General Penalty. Whoever violates any provision of this chapter for which no other penalty is provided, thereby violating R.C. § 955.221(C), is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense. Fines levied and collected for violations of R.C. § 955.221(C) shall be distributed by the mayor or clerk of the municipal or county court in accordance with R.C. §§ 733.40, 1901.31(F), or 1907.20(C) to the treasury of the municipality whose resolution or ordinance was violated.
(R.C. § 955.99(I)) ('80 Code, § 90.01(C))
(B) Penalty for violation of § 90.01(A).
(1) Whoever recklessly violates § 90.01(A) is guilty of a misdemeanor of the fourth degree.
(R.C. § 951.99)
(2) The owner or keeper of an animal described in § 90.01(A) who negligently permits it to run at large in violation of § 90.01(A) is liable for all damages resulting from injury, death, or loss to person or property caused by the animal in any of the places specified in § 90.01(A) or upon the premises of another without reference to the fence that may enclose the premises.
(3) The running at large of any animal specified in § 90.011(A) in or upon any of the places specified in § 90.01(A) is prima facie evidence in a civil action for damages under division (B)(2) of this section that the owner or keeper of the animal negligently permitted the animal to run at large in violation of § 90.01(A).
(R.C. § 951.10)
('80 Code, § 90.01(A)(4), (5))
(C) Penalty for violation of § 90.01(B).
(1) (a) Whoever violates division (B)(2) of this section or commits a violation of division (B)(3) of this section that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog shall be fined not less than $25 or more than $100 on a first offense, and on each subsequent offense shall be fined not less than $75 or more than $250 and may be imprisoned for not more than 30 days.
(b) In addition to the penalties prescribed in division (D)(1)(a) of this section, if the offender is guilty of a violation of division (B)(2) of this section or a violation of division (B)(3) of this section that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(R.C. § 955.99(E))
(2) (a) Whoever commits a violation of division (B)(3) of this section that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of division (B)(3) of this section involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
(b) In addition to the penalties prescribed in division (D)(2)(a) of this section, if a violation of division (B)(3) of this section involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(R.C. § 955.99(F))
(3) Whoever commits a violation of division (B)(3) of this section that involves a dangerous dog, or a violation of division (B)(4) of this section is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to division (B)(5) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner’s expense. With respect to a violation of division (B)(3) of this section that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with division (B)(4) of this section or at the county dog pound at the owner’s expense.
(R.C. § 955.99(G))
(4) (a) Whoever commits a violation of division (B)(3) of this section that involves a vicious dog is guilty of one of the following:
1. A felony to be prosecuted under appropriate state law if the dog kills or seriously injures a person. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner’s expense.
2. A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner’s expense.
(b) If the court does not order the vicious dog to be destroyed under division (D)(4)(a)2. of this section, the court shall issue an order that specifies that R.C. § 955.11 and divisions (B)(4) to (B)(9) of this section apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog and that § 90.15 applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under division (B)(5)(a) of this section in an amount, exclusive of interest and costs, that equals or exceeds $100,000. Until the court makes a final determination and during the pendency of any appeal of a violation of division (B)(3) of this section and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions described in division (B)(4) of this section or at the county dog pound at the owner’s expense.
(R.C. § 955.99(H))
(5) Whoever violates division (B)(5)(b) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 955.99(J))
(6) Whoever violates division (B)(6)(a), (B)(6)(b), or (B)(6)(c) of this section is guilty of a felony to be prosecuted under appropriate state law. Additionally, the court shall order that the dog involved in the violation be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society. Until the court makes a final determination and during the pendency of any appeal of a violation of division (B)(6)(a), (B)(6)(b), or (B)(6)(c) of this section and at the discretion of the dog warden, the dog shall be confined or restrained in accordance with the provisions of division (B)(4) of this section or at the county dog pound at the owner’s expense.
(R.C. § 955.99(L))
(7) Whoever violates division (B)(5)(a), (B)(5)(c), or (B)(5)(d) of this section is guilty of a minor misdemeanor.
(R.C. § 955.99(M))
(8) Whoever violates division (B)(9)(d) of this section is guilty of a minor misdemeanor.
(R.C. § 955.99(N))
(9) (a) If a dog is confined at the county dog pound pursuant to division (D)(3), (D)(4), or (D)(6) of this section, the county dog warden shall give written notice of the confinement to the owner of the dog. If the county dog warden is unable to give the notice to the owner of the dog, the county dog warden shall post the notice on the door of the residence of the owner of the dog or in another conspicuous place on the premises at which the dog was seized. The notice shall include a statement that a security in the amount of $100 is due to the county dog warden within ten days to secure payment of all reasonable expenses, including medical care and boarding of the dog for 60 days, expected to be incurred by the county dog pound in caring for the dog pending the determination. The county dog warden may draw from the security any actual costs incurred in caring for the dog.
(b) If the person ordered to post security under division (D)(9)(a) of this section does not do so within ten days of the confinement of the animal, the dog is forfeited, and the county dog warden may determine the disposition of the dog unless the court issues an order that specifies otherwise.
(c) Not more than ten days after the court makes a final determination under division (D)(3), (D)(4), or (D)(6) of this section, the county dog warden shall provide the owner of the dog with the actual cost of the confinement of the dog. If the county dog warden finds that the security provided under division (D)(9)(a) of this section is less than the actual cost of confinement of the dog, the owner shall remit the difference between the security provided and the actual cost to the county dog warden within 30 days after the court’s determination. If the county dog warden finds that the security provided under division (D)(9)(a) of this section is greater than that actual cost, the county dog warden shall remit the difference between the security provided and the actual cost to the owner within 30 days after the court’s determination.
(R.C. § 955.99(P))
(10) As used in this division (D), NUISANCE DOG, DANGEROUS DOG, and VICIOUS DOG have the same meanings as in R.C. § 955.11.
(R.C. § 955.99(Q))
(R.C. § 959.99(E)(2)) ('80 Code, § 90.04(B))
(R.C. § 959.99(B)) ('80 Code, § 90.05(B)) (Am. Ord. 83-15, passed 7-19-83)
(R.C. § 959.99(C)) ('80 Code, § 90.06(B))
(G) Penalty for violation of § 90.09.
(1) Whoever violates division (A) of § 90.09 is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.
(R.C. § 959.99(D))
(2) Whoever violates division (D)(2) or (D)(5) of § 90.09 is guilty of a misdemeanor of the first degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(3) Whoever violates division (D)(3) of this section is guilty of a felony to be prosecuted under appropriate state law.
(4) Whoever violates division (D)(4) of § 90.09 is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(5) Whoever violates division (D)(6) of this section is guilty of a felony to be prosecuted under appropriate state law.
(6) Whoever violates division (D)(7) of this section is guilty of a misdemeanor of the first degree.
(7) (a) A court may order a person who is convicted of or pleads guilty to a violation of division (D) of § 90.09 to forfeit to an impounding agency, as defined in R.C. § 959.132, any or all of the companion animals in that person's ownership or care. The court also may prohibit or place limitations on the person's ability to own or care for any companion animals for a specified or indefinite period of time.
(b) A court may order a person who is convicted of or pleads guilty to a violation of division (A) of this section or division (D) of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under R.C. § 959.132.
(8) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of division (D) of § 90.09 has a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling.
(R.C. § 959.99(E)) ('80 Code, § 90.07(B))
(R.C. § 925.99(B)) ('80 Code, § 90.12(B))
(I) Penalty for violation of § 90.15. Whoever violates § 90.15(A) or (B) is guilty of a misdemeanor of the first degree.
(R.C. § 955.99(O)) ('80 Code, § 90.13(C)) (Ord. 86-05, passed 2-4-86)
(1) Whoever violates § 90.16 is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including but not limited to the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.
(R.C. § 959.99(D))
(2) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of § 90.16 suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling.
(R.C. § 959.99(E)(6))
Cross-reference:
Misdemeanor classifications, see § 130.99