Below is the full text of Ohio Revised Code Chapter 935: Possession of Wild Animals and Snakes, as of May 13, 2017.
- 935.01 Definitions.
- 935.011 Defining wild animals and restricted snakes.
- 935.02 Possession of dangerous wild animal prohibited.
- 935.03 Exceptions.
- 935.04 Registration of dangerous wild animals.
- 935.041 Registration of certain marmosets, monkeys, capuchins and lemurs.
- 935.05 Wildlife shelter permit.
- 935.06 Issuance or denial of wildlife shelter permit.
- 935.07 Wildlife propagation permit.
- 935.08 Restricted snake possession permit.
- 935.09 Issuance or denial of restricted snake possession permit.
- 935.10 Restricted snake propagation permit.
- 935.101 Rescue facility permit.
- 935.11 Persons possessing both dangerous wild animals and restricted snakes.
- 935.12 Compliance.
- 935.13 Suspension or revocation of permit.
- 935.14 Maintenance of database; access.
- 935.15 Records.
- 935.16 Escape of animal; notification.
- 935.17 Adoption of rules.
- 935.18 Sale or auction of animals prohibited.
- 935.19 Access to premises.
- 935.20 Investigations.
- 935.21 Other officers authorized to investigate.
- 935.22 Liability for destruction of animal or snake.
- 935.23 Requirements for access to antivenom; list of species; liability for treatment of bites.
- 935.24 Civil penalty.
- 935.25 Dangerous and restricted animal fund.
- 935.26 Dangerous and restricted animals advisory board.
- 935.27 Dangerous wild animal state emergency response commission.
- 935.28 County emergency response plan.
- 935.29 Local ordinances.
- 935.99 Criminal penalties.
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935.01 Definitions.
As used in this chapter:
(A) “Board of health” means the board of health of a city or general health district or the authority having the duties of a board of health in any city authorized by section 3709.05 of the Revised Code.
(B) “Circus” means a traveling show to which all of the following apply:
(1) It is licensed by the United States department of agriculture under the federal animal welfare act.
(2) It presents dangerous wild animals, restricted snakes, or both in a public performance as its own event or as part of a fair or carnival.
(3) It does not allow physical contact between the public and the dangerous wild animals or restricted snakes possessed by it. Division (B)(3) of this section does not apply to rides or other interactions between the public and an elephant, provided that such a ride or other interaction is under the direct supervision of an experienced animal handler.
(4) It is in the state for less than sixty-five days each year.
(C) “Dangerous wild animal” means any of the following, including hybrids unless otherwise specified:
(2) Gray wolves, excluding hybrids;
(6) Leopards, including clouded leopards, Sunda clouded leopards, and snow leopards;
(7) All of the following, including hybrids with domestic cats unless otherwise specified:
(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and Iberian lynxes;
(c) Cougars, also known as pumas or mountain lions;
(e) Servals, excluding hybrids with domestic cats commonly known as savannah cats.
(17) Caimans, excluding dwarf caimans;
(19) Nonhuman primates other than lemurs and the nonhuman primates specified in division (C)(20) of this section;
(20) All of the following nonhuman primates:
(a) Golden lion, black-faced lion, golden-rumped lion, cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy’s tamarins;
(b) Southern and northern night monkeys;
(c) Dusky titi and masked titi monkeys;
(f) White-faced, black-bearded, white-nose bearded, and monk sakis;
(h) Black-handed, white-bellied, brown-headed, and black spider monkeys;
(j) Red, black, and mantled howler monkeys.
“Dangerous wild animal” does not include a domesticated animal that is considered livestock as defined in section 901.70 of the Revised Code.
(D) “Federal animal welfare act” has the same meaning as in section 959.131 of the Revised Code.
(E) “Felony drug abuse offense” has the same meaning as in section 2925.01 of the Revised Code.
(F) “Health district” means a city or general health district created by or under the authority of Chapter 3709. of the Revised Code.
(G) “Humane society” means an organization that is organized under section 1717.05 of the Revised Code.
(H) “Law enforcement officer” means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or state highway patrol trooper.
(I) “Natural resources law enforcement officers” means peace officers as specified in division (A)(6) of section 109.71 of the Revised Code and employees of the division of wildlife specified in sections 1531.13 and 1531.14 of the Revised Code.
(J) “Offense of violence” has the same meaning as in section 2901.01 of the Revised Code.
(K) “Rescue facility” means a nonprofit organization as described in section 170 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced dangerous wild animals are provided care for their lifetime or released back to their natural habitat, and, with respect to an animal possessed by the organization, that does not do any of the following:
(1) Sell, trade, or barter the animal or the animal’s body parts;
(2) Use the animal in any manner for profit;
(4) Allow the public the opportunity to come into contact with the animal.
(L) “Restricted snake” means any of the following:
(1) All of the following constricting snakes that are twelve feet or longer:
(f) North African rock pythons;
(g) South African rock pythons;
(2) Species of the following families:
(M) “Rule” means a rule adopted under section 935.17 of the Revised Code.
(N) “Veterinarian” means a person who is licensed under Chapter 4741. of the Revised Code.
(O) “Wildlife sanctuary” means a nonprofit organization as described in section 170 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or verified by the global federation of animal sanctuaries, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced dangerous wild animals or restricted snakes are provided care for their lifetime or released back to their natural habitat, and, with respect to an animal or snake possessed by the organization, that does not do any of the following:
(1) Use or allow the use of the animal or snake for any type of entertainment or in a traveling exhibit;
(2) Sell, trade, lease, loan, or barter the animal or snake or the animal’s or snake’s body parts;
(3) Use or allow the use of the animal or snake in any manner for profit;
(4) Breed the animal or snake;
(5) Allow the public the opportunity to come into physical contact with the animal or snake.
Amended by 130th General Assembly File No. 25, HB 59, §101.01 (Vetoed), eff. 9/29/2013.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.011 Defining wild animals and restricted snakes.
The director of agriculture may recommend to the general assembly species of animals to be included in the definition of “dangerous wild animal” and species of snakes to be included in the definition of “restricted snake” in section 935.01 of the Revised Code. The director shall not add species of animals to be included in the definition of “dangerous wild animal” and species of snakes to be included in the definition of “restricted snake” without the approval of the General Assembly.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.02 Possession of dangerous wild animal prohibited.
(A) No person shall possess a dangerous wild animal on or after January 1, 2014.
(1) Except as provided in divisions (G)(1) and (2) of section 935.06 of the Revised Code, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section.
(2) Notwithstanding division (B)(1) of this section, a person that operates a rescue facility may acquire, except by purchase, possession or ownership of a dangerous wild animal if one of the following applies:
(a) Prior to January 1, 2014, the person is authorized to do so by the director of agriculture in accordance with procedures adopted by the director.
(b) On or after January 1, 2014, the person has obtained a rescue facility permit under section 935.101 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.03 Exceptions.
(A) Division (A) of section 935.02 of the Revised Code does not apply to any of the following:
(1) A person to which all of the following apply:
(a) The person possesses a dangerous wild animal.
(b) The person has been issued a license by the United States department of agriculture under the federal animal welfare act.
(c) The director of agriculture has determined that the person is in the process of becoming an accredited member of the association of zoos and aquariums or the zoological association of America.
(d) The director has informed the person that the person is exempt from division (A) of section 935.02 of the Revised Code.
(2) An organization to which all of the following apply:
(a) The organization possesses a dangerous wild animal.
(b) The director has determined that the organization is in the process of being accredited or verified by the global federation of animal sanctuaries as a wildlife sanctuary.
(c) The director has informed the organization that it is exempt from division (A) of section 935.02 of the Revised Code.
(3) A person whose possession of a dangerous wild animal is authorized by an unexpired permit issued under this chapter.
(B) Except for the purposes of divisions (A) and (B) of section 935.04 of the Revised Code, this chapter does not apply to any of the following:
(1) A facility that is an accredited member of the association of zoos and aquariums or the zoological association of America and that is licensed by the United States department of agriculture under the federal animal welfare act;
(2) A research facility as defined in the federal animal welfare act;
(3) A research facility that is accredited by the association for the assessment and accreditation of laboratory animal care international;
(5) A wildlife rehabilitation facility that is issued a permit by the chief of the division of wildlife in rules adopted under section 1531.08 of the Revised Code and that rehabilitates dangerous wild animals or restricted snakes that are native to the state for the purpose of reintroduction into the wild;
(6) A veterinarian that is providing temporary veterinary care to a dangerous wild animal or restricted snake;
(8) An individual who does not reside in this state, is traveling through this state with a dangerous wild animal or restricted snake, and does all of the following:
(a) Confines the animal or snake in a cage at all times;
(b) Confines the animal or snake in a cage that is not accessible to the public;
(c) Does not exhibit the animal or snake;
(d) Is in the state not more than forty-eight hours unless the animal or snake is receiving veterinary care.
(9) An educational institution that displays a single dangerous wild animal as a sports mascot and that meets all of the following criteria:
(a) An official of the educational institution has submitted an affidavit attesting that the institution will care for the animal as long as the animal lives and in a facility that is an accredited member of the association of zoos and aquariums or the zoological association of America.
(b) The educational institution maintains a liability insurance policy with an insurer authorized or approved to write such insurance in this state that covers claims for injury or damage to persons or property caused by a dangerous wild animal. The amount of the insurance coverage shall be not less than one million dollars.
(c) During display and transport, the educational institution confines the dangerous wild animal in a cage that does not permit physical contact between the animal and the public.
(d) The educational institution began displaying a dangerous wild animal as a mascot prior to September 5, 2012.
(10) Any person who has been issued a permit under section 1533.08 of the Revised Code, provided that the permit lists each specimen of wild animal that is a dangerous wild animal or restricted snake in the person’s possession;
(11) Any person authorized to possess a dangerous wild animal or restricted snake under section 1531.25 of the Revised Code or rules adopted under it;
(12) A mobility impaired person as defined in section 955.011 of the Revised Code who possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the mobility impaired person;
(13) A deaf or hearing-impaired person who possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the deaf or hearing-impaired person;
(14) A person who is blind as defined in section 955.011 of the Revised Code and possesses a dangerous wild animal specified in division (C)(20)(h) of section 935.01 of the Revised Code that has been trained by a nonprofit agency or is in such training to assist the blind person.
Amended by 130th General Assembly File No. TBD, HB 483, §101.01, eff. 9/15/2014.
Amended by 130th General Assembly File No. 25, HB 59, §101.01 (Vetoed), eff. 9/29/2013.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.04 Registration of dangerous wild animals.
(A) A person that possesses a dangerous wild animal on the effective date of this section shall register the animal with the director of agriculture in accordance with this section not later than sixty days after the effective date of this section.
(B) A person shall register a dangerous wild animal on a form prescribed and provided by the director. The form shall include all of the following:
(1) The name, address, social security number, and federal employer identification number, if applicable, of the person registering the dangerous wild animal;
(2) If different from the information provided under division (B)(1) of this section, the name and address of the location where the dangerous wild animal is confined;
(3) A description of the dangerous wild animal, including the scientific and common names of the animal, the name that the person has given the animal, the animal’s sex, age, color, and weight, and any distinguishing marks or coloration that would aid in the identification of the animal;
(4) The name, address, and telephone number of the veterinarian that provides veterinary care to the dangerous wild animal;
(5) Any other information required by the director in rules.
(C) Beginning ninety days after the director adopts rules under division (A) of section 935.17 of the Revised Code, a person that has registered a dangerous wild animal under this section shall comply with the applicable requirements regarding the care and housing of dangerous wild animals established in those rules.
(D) A person that registers a dangerous wild animal under this section shall have permanently implanted in the dangerous wild animal a microchip at the time of registration. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five, one hundred thirty-four and two-tenths, or four hundred kilohertz.
(E) A person that possesses a registered dangerous wild animal on October 1, 2013, and that wishes to continue to possess the dangerous wild animal on and after January 1, 2014, shall obtain a wildlife shelter permit issued under section 935.06 of the Revised Code or a wildlife propagation permit issued under section 935.07 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.041 Registration of certain marmosets, monkeys, capuchins and lemurs.
A person that possesses any of the following animals shall register the animal in the same manner as provided in section 935.04 of the Revised Code:
(A) Pygmy, white-tufted-ear, silvery, and black-pencilled marmosets;
(C) Brown, white-faced, weeping, and white-frontedcapuchins;
Amended by 130th General Assembly File No. 25, HB 59, §101.01 (Vetoed), eff. 9/29/2013.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.05 Wildlife shelter permit.
(A) A person that possesses a registered dangerous wild animal in this state on October 1, 2013, that wishes to continue to possess the dangerous wild animal on and after January 1, 2014, and that does not intend to propagate the animal shall apply for a wildlife shelter permit under this section.
(B) An applicant for a wildlife shelter permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. An applicant need apply for only one permit regardless of the number of dangerous wild animals that the applicant possesses. The application shall include all of the following:
(1) The name, date of birth, address, social security number, and federal employer identification number, if applicable, of the applicant;
(2) If different from the information provided under division (B)(1) of this section, the name and address of the location where each dangerous wild animal will be confined;
(3) A description of each dangerous wild animal, including the scientific and common names, the name that the applicant has given the animal, the animal’s sex, age, color, and weight, and any distinguishing marks or coloration that would aid in the identification of the animal;
(4) The identification number of the microchip that is implanted in each dangerous wild animal and the frequency of the passive integrated transponder contained in the microchip as required in section 935.04 of the Revised Code;
(5) Proof of financial responsibility as required in division (D) of this section;
(6) Except as otherwise provided in this section, proof that the applicant has at least two years of experience in the care of the species of dangerous wild animal or animals that are the subject of the application. If an applicant cannot provide such proof, the applicant shall pass a written examination regarding the care of dangerous wild animals that is established and administered in accordance with rules.
(7) A plan of action to be undertaken if a dangerous wild animal escapes;
(8) Proof that the applicant has established a veterinarian-client relationship as described in section 4741.04 of the Revised Code with regard to each dangerous wild animal;
(9) Any additional information required in rules.
An applicant shall submit a copy of the plan of action required in division (B)(7) of this section to the sheriff of the county and to the chief law enforcement officer and fire chief of the township or municipal corporation having jurisdiction where the dangerous wild animal or animals are confined.
(C) An applicant shall submit one of the following fees, as applicable, with an application:
(1) Two hundred fifty dollars if the applicant possesses not more than three dangerous wild animals;
(2) Five hundred dollars if the applicant possesses at least four, but not more than ten dangerous wild animals;
(3) One thousand dollars if the applicant possesses at least eleven, but not more than fifteen dangerous wild animals;
(4) One thousand dollars if the applicant possesses sixteen or more dangerous wild animals plus an additional one hundred twenty-five dollars for each animal that the applicant possesses in an amount greater than fifteen dangerous wild animals.
(1) An applicant shall obtain and maintain proof of financial responsibility in one of the following forms:
(a) A liability insurance policy with an insurer authorized or approved to write such insurance in this state that covers claims for injury or damage to persons or property caused by a dangerous wild animal possessed by the applicant or any resulting claims against the state;
(b) A surety bond, which shall be executed by a surety company authorized to do business in this state that covers claims for injury or damage to persons or property caused by a dangerous wild animal possessed by the applicant or any resulting claims against the state. The bond shall be in a form approved by the director of agriculture.
(2) Proof of financial responsibility shall be in one of the following amounts, as applicable:
(a) Two hundred thousand dollars if the applicant possesses not more than five dangerous wild animals;
(b) Five hundred thousand dollars if the applicant possesses at least six, but not more than fifteen dangerous wild animals;
(c) One million dollars if the applicant possesses sixteen or more dangerous wild animals.
The amounts specified in division (D)(2) of this section shall be for each occurrence of injury or damage.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.06 Issuance or denial of wildlife shelter permit.
(A) Not later than ninety days after receipt of an application under section 935.05 of the Revised Code, the director of agriculture shall issue or deny a wildlife shelter permit. The director shall issue a permit to an applicant only if all of the following apply:
(1) The applicant is eighteen years of age or older.
(2) The applicant has registered the dangerous wild animal or animals that are the subject of the application under section 935.04 of the Revised Code.
(3) The applicant is in compliance with the standards of care established in rules adopted under division (A)(2) of section 935.17 of the Revised Code.
(4) The applicant has sterilized each male dangerous wild animal that is possessed by the applicant. However, a dangerous wild animal is not required to be sterilized if a veterinarian that is qualified to provide veterinary care to the dangerous wild animal determines that the sterilization is medically contraindicated and the applicant has submitted a copy of the veterinarian’s written determination with the applicant’s application.
(5) The applicant has signed an affidavit attesting that the applicant will not allow members of the public to be in physical contact with a dangerous wild animal possessed by the applicant. Division (A)(5) of this section does not apply to an employee of the applicant or a volunteer who has entered into a written agreement with the applicant to work for or volunteer for the applicant and assists in the care of a dangerous wild animal or animals specified in division (C)(20) of section 935.01 of the Revised Code possessed by the applicant if the care is provided under the direction of the applicant.
(6) The applicant has not been convicted of or pleaded guilty to a felony drug abuse offense, an offense of violence that is a felony, or a violation of section 959.13 or 959.131 of the Revised Code or of section 2927.21 of the Revised Code as that section existed prior to its repeal by S.B. 310 of the 129th general assembly, as determined by a criminal records check performed in accordance with division (B) of this section.
(7) The facility at which a dangerous wild animal or dangerous wild animals will be maintained under the permit consists of at least one acre. Division (A)(7) of this section does not apply to either of the following:
(a) Dangerous wild animals specified in division (C)(20) of section 935.01 of the Revised Code;
(b) An applicant to whom the director issues a written waiver stating that the acreage requirement does not apply to the applicant.
(8) The applicant has signed an affidavit attesting that the facility at which a dangerous wild animal or dangerous wild animals will be maintained under the permit and the conditions in which each dangerous wild animal will be kept in that facility are in compliance with this chapter and rules.
(9) The applicant has submitted a complete application that meets the requirements established in section 935.05 of the Revised Code.
(10) The applicant has submitted the applicable fee under section 935.05 of the Revised Code.
If a permit is issued, the director shall assign a unique identification number to the permit.
(B) Prior to issuing or denying a wildlife shelter permit, the director shall submit a request to the bureau of criminal identification and investigation in the office of the attorney general for a criminal records check of the applicant for the permit. Upon receipt of a request, the superintendent of the bureau shall conduct a criminal records check in the manner described in division (B) of section 109.572 of the Revised Code to determine whether any information exists that indicates that the applicant previously has been convicted of or pleaded guilty to any of the following:
(1) A felony drug abuse offense;
(2) An offense of violence that is a felony;
(3) A violation of section 959.13 or 959.131 of the Revised Code or of section 2927.21 of the Revised Code as that section existed prior to its repeal by S.B. 310 of the 129th general assembly.
The applicant is responsible for paying all costs associated with the criminal records check.
(C) If a permit application is denied, two hundred fifty dollars of the permit application fee shall be retained by the director as payment for the reasonable expense of processing the application, and the remainder of the fee shall be returned to the applicant.
(D) Not later than the first day of December of each year, a permit holder shall apply to the director, on a form prescribed and provided by the director, for a renewal of the permit if the permit holder intends to retain possession of the dangerous wild animal or animals that are identified in the permit. Not later than thirty days after receipt of an application for renewal, the director shall renew or deny the renewal of the permit. The director shall renew the permit if the permit holder complies with this chapter and rules and pays a renewal fee in the same amount as the fee established for the initial permit in section 935.05 of the Revised Code. If a renewal permit is denied, two hundred fifty dollars of the renewal fee shall be retained by the director as payment for the reasonable expense of processing the application, and the remainder of the renewal fee shall be returned to the applicant.
(E) If the director denies an application for a permit or a renewal of a permit, the director shall notify the person of the denial, the grounds for the denial, and the person’s right to an adjudication under Chapter 119. of the Revised Code.
(F) If a person does not appeal the determination of the director to deny an application for a permit or a renewal of a permit or if the determination of the director is affirmed under Chapter 119. of the Revised Code, not later than thirty days after the decision not to appeal or after the determination is affirmed, as applicable, the person shall transfer the dangerous wild animal or animals that the person possesses to a humane society, wildlife sanctuary, rescue facility, facility that is an accredited member of either the association of zoos and aquariums or the zoological association of America, or facility that is located in another state and that complies with that state’s applicable laws. After the transfer has occurred, the person shall submit proof to the director that the dangerous wild animal or animals were transferred and shall specify the society, sanctuary, or facility to which the animal or animals were transferred.
The person is responsible for all costs associated with the transfer of the dangerous wild animal or animals.
(G) If a person that has been issued a wildlife shelter permit under this section or a wildlife propagation permit under section 935.07 of the Revised Code dies, the person’s next of kin shall do one of the following:
(1) If the next of kin wishes to possess the dangerous wild animal or animals, obtain a wildlife shelter permit under this section or a wildlife propagation permit under section 935.07 of the Revised Code, as applicable. That next of kin shall comply with this chapter and rules, except that, with respect to the next of kin’s initial permit, the person need not pay the applicable permit application fee.
(2) If the deceased person has a last will and testament that specifies that the dangerous wild animal or animals possessed by the person are to be transferred to another person that has been issued a wildlife shelter permit, wildlife propagation permit, or rescue facility permit issued under this chapter, transfer the dangerous wild animal or animals to the applicable permit holder;
(3) Transfer the dangerous wild animal or animals that were possessed by the deceased person in accordance with division (F) of this section.
(H) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.07 Wildlife propagation permit.
(A) A person that possesses a registered dangerous wild animal in this state on October 1, 2013, that wishes to continue to possess the dangerous wild animal on and after January 1, 2014, and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules shall apply for a wildlife propagation permit under this section. An applicant need apply for only one permit regardless of the number of dangerous wild animals that the applicant possesses.
(B) Except as otherwise provided in this section, an applicant for a wildlife propagation permit shall comply with the requirements and procedures established in sections 935.05 and 935.06 of the Revised Code. The application fee for a wildlife propagation permit shall be one of the following, as applicable:
(1) One thousand dollars if the applicant possesses not more than fifty dangerous wild animals;
(2) Three thousand dollars if the applicant possesses more than fifty dangerous wild animals.
(C) The facility at which a dangerous wild animal or dangerous wild animals will be maintained under a wildlife propagation permit shall consist of at least two acres. Division (C) of this section does not apply to either of the following:
(1) Dangerous wild animals specified in division (C)(20) of section 935.01 of the Revised Code;
(2) An applicant to whom the director of agriculture issues a written waiver stating that the acreage requirement does not apply to the applicant.
(D) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
(E) Division (A)(4) of section 935.06 of the Revised Code does not apply to an applicant for a wildlife propagation permit.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.08 Restricted snake possession permit.
(1) A person that possesses a restricted snake in this state prior to January 1, 2014, that wishes to continue to possess the restricted snake on and after that date, and that does not intend to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake possession permit under this section not later than January 1, 2014.
(2) A person that acquires a restricted snake in this state on or after January 1, 2014, and that does not intend to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake possession permit under this section not later than one hundred twenty days after acquiring the snake.
(3) An applicant need apply for only one permit regardless of the number of restricted snakes that the applicant possesses.
(B) An applicant for a restricted snake possession permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. The application shall include all of the following:
(1) The name, date of birth, address, social security number, and federal employer identification number, if applicable, of the applicant;
(2) If different from the information provided under division (B)(1) of this section, the name and address of the location where each restricted snake will be confined;
(3) A description of each restricted snake, including the scientific and common names, the name that the applicant has given the snake, the snake’s sex, age, color, and weight, and any distinguishing marks or coloration that would aid in the identification of the snake;
(4) Proof of financial responsibility as required in division (D) of this section;
(5) Except as otherwise provided in this section, proof that the applicant has at least two years of experience in the care of the species of restricted snake or snakes that are the subject of the application. If an applicant cannot provide such proof, the applicant shall pass a written examination regarding the care of restricted snakes that is established and administered in accordance with rules. The requirements of division (B)(5) of this section do not apply with respect to a restricted snake specified in division (L)(1) of section 935.01 of the Revised Code.
(6) A plan of action to be undertaken if a restricted snake escapes;
(7) A written statement from a veterinarian stating that the veterinarian is willing to provide veterinary care to an applicant’s restricted snake or snakes when the care is needed;
(8) Any additional information required in rules.
An applicant shall submit a copy of the plan of action required in division (B)(6) of this section to the sheriff of the county and to the chief law enforcement officer and fire chief of the township or municipal corporation having jurisdiction where the restricted snake or snakes are confined.
(C) An applicant shall submit a fee of one hundred fifty dollars with an application.
(1) Except as provided in division (D)(3) of this section, an applicant shall obtain and maintain proof of financial responsibility in one of the following forms:
(a) A liability insurance policy with an insurer authorized or approved to write such insurance in this state that covers claims for injury or damage to persons or property caused by a restricted snake possessed by the applicant or any resulting claims against the state;
(b) A surety bond, which shall be executed by a surety company authorized to do business in this state that covers claims for injury or damage to persons or property caused by a restricted snake possessed by the applicant or any resulting claims against the state. The bond shall be in a form approved by the director of agriculture.
(2) Proof of financial responsibility shall be in one of the following amounts, as applicable:
(a) One hundred thousand dollars if the applicant possesses not more than five restricted snakes;
(b) Two hundred fifty thousand dollars if the applicant possesses at least six, but not more than fifteen restricted snakes;
(c) Five hundred thousand dollars if the applicant possesses sixteen or more restricted snakes.
The amounts specified in division (D)(2) of this section shall be for each occurrence of injury or damage.
(3) Division (D)(1) of this section does not apply to an applicant that possesses one or more restricted snakes specified in division (L)(1) of section 935.01 of the Revised Code, but no other restricted snakes.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.09 Issuance or denial of restricted snake possession permit.
(A) Not later than ninety days after receipt of an application under section 935.08 of the Revised Code, the director of agriculture shall issue or deny a restricted snake possession permit. The director shall issue a permit to an applicant only if all of the following apply:
(1) The applicant is eighteen years of age or older.
(2) The applicant has signed an affidavit attesting that the applicant will not allow members of the public to be in physical contact with a restricted snake possessed by the applicant. Division (A)(2) of this section does not apply to either of the following:
(a) An applicant that displays a restricted snake or snakes specified in division (L)(1) of section 935.01 of the Revised Code to a primary or secondary school age student;
(b) An employee of the applicant or a volunteer who has entered into a written agreement with the applicant to work for or volunteer for the applicant and assists in the care of a restricted snake or snakes possessed by the applicant if the care is provided under the direction of the applicant.
(3) The applicant has not been convicted of or pleaded guilty to a felony drug abuse offense, an offense of violence that is a felony, or a violation of section 959.13 or 959.131 of the Revised Code or of section 2927.21 of the Revised Code as that section existed prior to its repeal by S.B. 310 of the 129th general assembly, as determined by a criminal records check performed in accordance with division (B) of this section.
(4) The applicant has signed an affidavit attesting that the facility at which a restricted snake or snakes will be maintained under the permit and the conditions in which each restricted snake will be kept in that facility are in compliance with this chapter and rules.
(5) The applicant has submitted a complete application that meets the requirements established in section 935.08 of the Revised Code.
(6) The applicant has submitted the application fee established in section 935.08 of the Revised Code.
If a permit is issued, the director shall assign a unique identification number to the permit.
(B) Prior to issuing or denying a restricted snake possession permit, the director shall submit a request to the bureau of criminal identification and investigation in the office of the attorney general for a criminal records check of the applicant for the permit. Upon receipt of a request, the superintendent of the bureau shall conduct a criminal records check in the manner described in division (B) of section 109.572 of the Revised Code to determine whether any information exists that indicates that the applicant previously has been convicted of or pleaded guilty to any of the following:
(1) A felony drug abuse offense;
(2) An offense of violence that is a felony;
(3) A violation of section 959.13 or 959.131 of the Revised Code or of section 2927.21 of the Revised Code as that section existed prior to its repeal by S.B. 310 of the 129th general assembly.
The applicant is responsible for paying all costs associated with the criminal records check.
(C) If a permit application is denied, seventy-five dollars of the permit application fee shall be retained by the director as payment for the reasonable expense of processing the application, and the remainder of the fee shall be returned to the applicant.
(D) Not later than the first day of December of each year, a permit holder shall apply to the director, on a form prescribed and provided by the director, for a renewal of the permit if the permit holder intends to retain possession of the restricted snake or snakes that are identified in the permit. Not later than thirty days after receipt of an application for renewal, the director shall renew or deny the renewal of the permit. The director shall renew the permit if the permit holder complies with this chapter and rules and pays a renewal fee in the same amount as the fee established for the initial permit in section 935.08 of the Revised Code. If a renewal permit is denied, seventy-five dollars of the renewal fee shall be retained by the director as payment for the reasonable expense of processing the application, and the remainder of the renewal fee shall be returned to the applicant.
(E) If the director denies an application for a permit or a renewal of a permit, the director shall notify the person of the denial, the grounds for the denial, and the person’s right to an adjudication under Chapter 119. of the Revised Code.
(F) If a person does not appeal the determination of the director to deny an application for a permit or a renewal of a permit or if the determination of the director is affirmed under Chapter 119. of the Revised Code, not later than thirty days after the decision not to appeal or after the determination is affirmed, as applicable, the person shall transfer the restricted snake or snakes that the person possesses to a humane society, wildlife sanctuary, facility that is an accredited member of either the association of zoos and aquariums or the zoological association of America, or facility that is located in another state and that complies with that state’s applicable laws. After the transfer has occurred, the person shall submit proof to the director that the restricted snake or snakes were transferred and shall specify the society, sanctuary, or facility to which the snake or snakes were transferred.
The person is responsible for all costs associated with the transfer of the restricted snake or snakes.
(G) If a person that has been issued a restricted snake possession permit under this section or a restricted snake propagation permit under section 935.10 of the Revised Code dies, the person’s next of kin shall do one of the following:
(1) If the next of kin wishes to possess the restricted snake or snakes, obtain a restricted snake possession permit under this section or a restricted snake propagation permit under section 935.10 of the Revised Code, as applicable. That next of kin shall comply with this chapter and rules, except that, with respect to the next of kin’s initial permit, the person need not pay the applicable permit application fee.
(2) If the deceased person has a last will and testament that specifies that the restricted snake or snakes possessed by the person are to be transferred to another person that has been issued a restricted snake possession permit under this section or a restricted snake propagation permit issued under section 935.10 of the Revised Code, transfer the restricted snake or snakes to the applicable permit holder;
(3) Transfer the restricted snake or snakes that were possessed by the deceased person in accordance with division (F) of this section.
(H) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.10 Restricted snake propagation permit.
(1) A person that possesses a restricted snake in this state prior to January 1, 2014, that wishes to continue to possess the restricted snake on and after that date, and that intends to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake propagation permit under this section not later than January 1, 2014.
(2) A person that acquires a restricted snake in this state on or after January 1, 2014, and that intends to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake propagation permit under this section not later than one hundred twenty days after acquiring the snake.
(3) An applicant need apply for only one permit regardless of the number of restricted snakes that the applicant possesses.
(B) Except as otherwise provided in this section, an applicant for a restricted snake propagation permit shall comply with the requirements and procedures established in sections 935.08 and 935.09 of the Revised Code. The application fee for a restricted snake propagation permit shall be three hundred dollars.
(C) If a permit application is denied, one hundred fifty dollars of the permit application fee shall be retained by the director of agriculture as payment for the reasonable expense of processing the application, and the remainder of the fee shall be returned to the applicant.
(D) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.101 Rescue facility permit.
(1) In lieu of obtaining any other permit under this chapter, a person that operates a rescue facility in this state prior to January 1, 2014, and that wishes to continue to operate a rescue facility on and after that date shall obtain a rescue facility permit under this section not later than January 1, 2014.
(2) A person that wishes to begin operation of a rescue facility in this state on or after January 1, 2014, shall obtain a rescue facility permit under this section not later than sixty days prior to beginning operation.
(1) An applicant for a rescue facility permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. The application shall include information that the director requires in rules.
(2) An applicant for a rescue facility permit shall submit one of the following fees, as applicable, with an application:
(a) Five hundred dollars if the applicant possesses not more than three dangerous wild animals;
(b) One thousand dollars if the applicant possesses at least four, but not more than fifteen dangerous wild animals;
(c) Two thousand dollars if the applicant possesses sixteen or more dangerous wild animals.
(3) If a permit application is denied, two hundred fifty dollars of the application fee shall be retained by the director as payment for the reasonable expense of processing the application and the remainder of the fee shall be returned to the applicant.
(C) The director shall issue or deny a rescue facility permit in accordance with rules. The director shall issue a rescue facility permit only if the dangerous wild animal or animals that are or are to be possessed by an applicant are sterilized.
(D) A person that has been issued a rescue facility permit under this section shall comply with the requirements regarding the care and housing of dangerous wild animals established in rules adopted under division (G) of section 935.17 of the Revised Code.
(E) A person that has been issued a rescue facility permit under this section may acquire, except by purchase, possession or ownership of a dangerous wild animal.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.11 Persons possessing both dangerous wild animals and restricted snakes.
(A) A person that possesses at least one dangerous wild animal and at least one restricted snake shall apply for both a wildlife shelter permit issued under section 935.06 of the Revised Code and a restricted snake possession permit issued under section 935.09 of the Revised Code.
(B) A person that possesses at least one dangerous wild animal and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules and that possesses at least one restricted snake and that intends to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife propagation permit issued under section 935.07 of the Revised Code and a restricted snake propagation permit issued under section 935.10 of the Revised Code.
(C) A person that possesses at least one dangerous wild animal and does not intend to propagate the animal and that possesses at least one restricted snake and intends to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife shelter permit issued under section 935.06 of the Revised Code and a restricted snake propagation permit issued under section 935.10 of the Revised Code.
(D) A person that possesses at least one dangerous wild animal and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules and that possesses at least one restricted snake and does not intend to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife propagation permit issued under section 935.07 of the Revised Code and a restricted snake possession permit issued under section 935.09 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.12 Compliance.
(A) Except as provided in division (B) of this section, a person that has been issued a permit under this chapter for a dangerous wild animal or animals shall comply with the requirements regarding the care and housing of dangerous wild animals established in rules.
(B) A person that has been issued a wildlife shelter, wildlife propagation permit, or rescue facility permit under this chapter for a dangerous wild animal or animals specified in division (C)(20) of section 935.01 of the Revised Code shall comply with both of the following:
(1) The requirements regarding the care of those animals established in regulations adopted under the federal animal welfare act;
(2) The requirements regarding the housing of those animals established in rules.
(C) A person that has been issued a restricted snake possession or restricted snake propagation permit under this chapter shall comply with all of the following regarding the housing of those snakes:
(1) An enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to ensure the well-being of the snakes. The environment or devices shall be noninjurious and may include hot rocks, artificial lights, natural sunlight, and heat strips.
(2) An enclosure shall be provided with noninjurious substrate such as newspaper, processed wood shavings, rocks, sand, indoor-outdoor carpet, or other equivalent material. The substrate shall be disposed of or sanitized at intervals sufficient to ensure the health of the snakes.
(3) An enclosure shall be constructed in a manner that offers enough space and complexity to allow free movement and access to varying thermal gradients as follows:
(a) If a snake is a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code and lives in a primarily terrestrial habitat, all of the following apply:
(i) The perimeter of the enclosure shall be not less than the length of the snake.
(ii) The height of the enclosure shall be not less than five inches.
(iii) For each additional snake permanently housed in an enclosure, the perimeter of the enclosure shall be increased by ten per cent of the perimeter of an enclosure that permanently houses only one snake.
(b) If a snake is a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code and lives in a primarily arboreal habitat, all of the following apply:
(i) The perimeter of the enclosure shall not be less than the length of the snake.
(ii) The height of the enclosure shall be not less than twelve inches.
(iii) For each additional snake permanently housed in an enclosure, the perimeter of the enclosure shall be increased by ten per cent of the perimeter of an enclosure that permanently houses only one snake.
(c) If the snake is a restricted snake specified in division (L)(1) of section 935.01 of the Revised Code, all of the following apply:
(i) The length of the enclosure shall not be less than forty per cent of the length of the snake.
(ii) The width of the enclosure shall not be less than two feet.
(iii) The height of the enclosure shall be not less than twelve inches.
(iv) For each additional snake permanently housed in an enclosure, the length of the enclosure shall be increased by ten per cent of the length of an enclosure that permanently houses only one snake.
(4) An enclosure shall be constructed of material that securely and effectively contains the snakes. The material used to construct the enclosure may include plastic, tempered or laminated glass, wood, or other equivalent material. The enclosure shall have surfaces that are nonporous and that can be thoroughly and repeatedly cleaned and disinfected.
(5) The door or lid of an enclosure shall have a secure latch or lock attached to the exterior of the enclosure that when latched or locked prevents a snake from leaving the enclosure.
Amended by 130th General Assembly File No. TBD, HB 483, §101.01, eff. 9/15/2014.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.13 Suspension or revocation of permit.
The director of agriculture may suspend or revoke a permit issued under this chapter for a violation of this chapter or rules. A person adversely affected by an order of suspension or revocation may request an adjudication under Chapter 119. of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.14 Maintenance of database; access.
(A) The director of agriculture shall maintain a database of both of the following:
(1) Until January 1, 2014, the name and address of each person that possesses a dangerous wild animal and registers the animal under section 935.04 of the Revised Code;
(2) On and after January 1, 2014, the name and address of each person that has applied for and been issued a permit under this chapter.
(B) The director shall allow the directors of health and natural resources to have access to the database.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.15 Records.
(A) A person that has been issued a permit under this chapter shall maintain records of all of the following regarding each dangerous wild animal and each restricted snake that the permit holder possesses:
(1) The scientific and common names of the animal or snake, including the species;
(2) If the animal or snake was purchased or otherwise acquired from another person, the name and address of the other person;
(3) The date on which the animal or snake was acquired, if applicable;
(4) If the permit holder propagates dangerous wild animals, the date of birth of the animal if the animal was propagated by the permit holder;
(5) If the permit holder propagates restricted snakes, the date of birth of the snake if the snake was propagated by the permit holder;
(6) The name and address of the person to whom the animal or snake was sold or otherwise transferred, if applicable;
(7) The date on which the animal or snake died or escaped, if applicable;
(8) The identification number of the microchip that is implanted in the animal and the frequency of the passive integrated transponder contained in the microchip as required in section 935.04 of the Revised Code.
(B) A permit holder shall maintain the records in accordance with rules.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.16 Escape of animal; notification.
(A) If a dangerous wild animal or restricted snake escapes, the person that possesses the animal or snake immediately shall notify both of the following:
(1) The sheriff of the county and the chief law enforcement officer of the township or municipal corporation where the escape occurred;
(2) The division of animal health in the department of agriculture by means of the twenty-four-hour telephone number that is maintained by the division.
(1) A law enforcement officer or natural resources law enforcement officer may destroy a dangerous wild animal or restricted snake that has escaped and that poses a threat to public safety.
(2) A law enforcement officer or natural resources law enforcement officer that destroys an escaped dangerous wild animal or restricted snake pursuant to division (B)(1) of this section is not liable for damages in a civil action for any injury, death, or loss to person or property that allegedly arises from the destruction of the animal or snake.
(C) The person that possesses a dangerous wild animal or restricted snake that escapes is responsible for all reasonable costs associated with the capture or destruction of the animal or snake. The person shall reimburse the political subdivision that employs the law enforcement officer who captured or destroyed the dangerous wild animal or restricted snake for the costs incurred in capturing or destroying the animal or snake. However, if the law enforcement officer is a state highway patrol trooper or if a natural resources law enforcement officer captured or destroyed the dangerous wild animal or restricted snake, the person shall reimburse the state highway patrol or department of natural resources, as applicable, for those costs.
(1) Except as provided in division (D)(2) of this section, money collected under division (C) of this section shall be credited to a special fund, which is hereby created in the applicable political subdivision. Money in the special fund shall be used exclusively for the administration and enforcement of this chapter and rules.
(2) Money collected under division (C) of this section for costs incurred by a state highway patrol trooper or a natural resources law enforcement officer under this section shall be deposited in the state treasury to the credit of the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
(3) If law enforcement officers from more than one jurisdiction assist in the capture or destruction of a dangerous wild animal or restricted snake, the money collected shall be proportionally distributed to each political subdivision’s special fund and the dangerous and restricted animal fund, if applicable.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.17 Adoption of rules.
The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that establish all of the following:
(A) Both of the following concerning the registration of dangerous wild animals under section 935.04 of the Revised Code:
(1) Any additional information that must be included with a registration;
(2) Standards for the care and housing of registered dangerous wild animals, including standards for the proper care of each species of dangerous wild animal and caging and fencing of the animals.
The director shall adopt rules under division (A) of this section not later than ninety days after the effective date of this section.
(B) Standards for the care and well-being of dangerous wild animals specified in divisions (C)(1) to (19) of section 935.01 of the Revised Code that are possessed by the holders of wildlife shelter permits and wildlife propagation permits issued under this chapter. The standards shall govern at least sanitation for, provision of health care for, and feeding, caging, housing, and fencing of dangerous wild animals. In adopting rules under this division, the director shall consider the following factors:
(1) Best management practices for the care and well-being of dangerous wild animals;
(4) The prevention of disease;
(5) Animal morbidity and mortality data;
(6) Generally accepted veterinary medical practices;
(7) Standards adopted by the association of zoos and aquariums;
(8) Standards adopted by the zoological association of America;
(9) Standards established in the federal animal welfare act;
(10) Ethical standards established by the American veterinary medical association;
(11) Any other factors that the director considers necessary for the proper care and well-being of dangerous wild animals in this state.
(C) Standards for the housing of dangerous wild animals specified in division (C)(20) of section 935.01 of the Revised Code that are possessed by the holders of wildlife shelter permits and wildlife propagation permits issued under this chapter;
(D) All of the following concerning applications for permits issued under sections 935.06 and 935.07 of the Revised Code:
(1) Any additional information that must be included with a permit application;
(2) Criteria for determining what constitutes a species survival program for the purposes of division (A) of section 935.07 of the Revised Code and requirements and procedures that are necessary to determine if a program meets those criteria;
(3) The content of the examination specified in division (B)(6) of section 935.05 of the Revised Code. The rules shall require the examination to test an applicant’s knowledge on topics that include proper diet, health care, exercise needs, and housing of the species of dangerous wild animal or animals that are the subject of the application.
(4) Procedures and requirements concerning the administration of the examination specified in division (B)(6) of section 935.05 of the Revised Code.
(E) All of the following concerning applications for permits issued under sections 935.09 and 935.10 of the Revised Code:
(1) Any additional information that must be included with a permit application;
(2) The content of the examination specified in division (B)(5) of section 935.08 of the Revised Code. The rules shall require the examination to test an applicant’s knowledge on topics that include proper diet, health care, and housing of the species of restricted snake or snakes that are the subject of the application.
(3) Procedures and requirements concerning the administration of the examination specified in division (B)(5) of section 935.08 of the Revised Code.
(F) Both of the following concerning applications for permits issued under section 935.101 of the Revised Code:
(1) Information that must be included in a permit application;
(2) Criteria and procedures for the issuance or denial of a permit.
(G) Standards for the care and well-being of dangerous wild animals that are possessed by the holders of permits issued under section 935.101 of the Revised Code. The standards shall govern at least sanitation for, provision of health care for, and feeding, caging, housing, and fencing of dangerous wild animals. In adopting the rules, the director may consider the standards of care and housing established in rules adopted under division (B) of this section and section 935.12 of the Revised Code.
(H) Procedures and requirements governing the maintenance of records under section 935.15 of the Revised Code;
(I) Standards for signs that are required to be posted and displayed in accordance with section 935.18 of the Revised Code;
(J) The amount of civil penalties that may be assessed under section 935.24 of the Revised Code;
(K) Procedures and requirements governing the distribution of money under division (B)(4) of section 935.25 of the Revised Code from the dangerous and restricted animal fund created in that section;
(L) Any other provisions necessary to administer and enforce this chapter.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.18 Sale or auction of animals prohibited.
(A) Except for a restricted snake specified in division (L)(1) of section 935.01 of the Revised Code, no person shall sell or offer for sale at auction a dangerous wild animal or restricted snake.
(B) Except for a microchip removed for purposes of a medical emergency by a veterinarian that is qualified to provide veterinary care to the dangerous wild animal, no person shall knowingly remove a microchip that is implanted in a dangerous wild animal as required in section 935.04 of the Revised Code.
(C) No person that possesses a dangerous wild animal or restricted snake shall fail to post and display any of the following:
(1) On each cage in which a dangerous wild animal is confined, signs warning the public that a dangerous wild animal is confined in the cage;
(2) At each entrance to the property where a dangerous wild animal is confined, a sign warning the public that a dangerous wild animal is on the property;
(3) On each container in which a restricted snake is confined, a sign warning the public that a restricted snake is in the container;
(4) At the main entrance to each structure where a restricted snake is confined, a sign warning the public that a restricted snake is in the structure;
(5) On a vehicle that is used to transport a dangerous wild animal or restricted snake, a sign warning that a dangerous wild animal or restricted snake, as applicable, is in the vehicle.
The signs shall comply with standards established in rules.
(D) No person shall knowingly release a dangerous wild animal or restricted snake into the wild.
(E) No person shall allow a dangerous wild animal or restricted snake to roam off the property where it is confined.
(F) No person shall remove any teeth or claws from a dangerous wild animal or restricted snake, as applicable, unless determined to be medically necessary by a veterinarian.
(G) No person shall violate any other provisions of this chapter or rules.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.19 Access to premises.
(1) The director of agriculture or the director’s designee may enter at all reasonable times any premises at which a dangerous wild animal or restricted snake is confined, with the consent of the owner of the premises, for the purpose of determining compliance with this chapter and rules.
(2) If the director or the director’s designee is denied access to any such premises, and if the director reasonably suspects that the person who possesses the dangerous wild animal or restricted snake is not in compliance with this chapter or rules, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes of this section.
(3) The court shall issue the search warrant for the purposes requested if there is probable cause to believe that the person is not in compliance with this chapter or rules. The finding of probable cause may be based on hearsay, provided that there is a substantial basis for believing that the source of the hearsay is credible and that there is a factual basis for the information furnished.
(B) The director may designate any of the following to conduct inspections under this section:
(1) Employees of the department of agriculture;
(2) Natural resources law enforcement officers with the consent of the director of natural resources;
(3) Employees of the department of health with the consent of the director of health;
(4) Employees of a board of health with the consent of the board;
(5) Agents of a humane society appointed under section 1717.06 of the Revised Code with the consent of the humane society.
(C) If a person designated under division (B) of this section determines, while conducting an inspection, that a violation of this chapter or rules has occurred, is occurring, or may occur, the person shall immediately notify the director of agriculture. The director may proceed as provided in section 935.24 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.20 Investigations.
(A) On and after January 1, 2014, the director of agriculture immediately shall cause an investigation to be conducted if the director has reason to believe that one of the following may be occurring:
(1) A dangerous wild animal is possessed by a person who has not been issued a wildlife shelter permit, wildlife propagation permit, or rescue facility permit under this chapter.
(2) A restricted snake is possessed by a person that has not been issued a restricted snake possession permit or restricted snake propagation permit under this chapter.
(3) A dangerous wild animal or restricted snake is being treated or kept in a manner that is in violation of this chapter or rules.
For purposes of the investigation, the director or the director’s designee may order the animal or snake that is the subject of the notification to be quarantined or may order the transfer of the animal or snake to a facility that is on the list maintained by the director under this section. If the director’s designee orders the animal or snake to be quarantined or transferred, the designee shall provide a copy of the order to the director.
(B) The director shall attempt to notify the person owning or possessing an animal or snake that has been ordered to be quarantined or transferred under division (A) of this section. The notice shall be delivered in person or by certified mail. The director also may post a copy of a quarantine order at two conspicuous locations on the premises where the animal or snake is quarantined. The director shall maintain a copy of an order issued under this section and evidence that the director attempted to notify the person owning or possessing the animal or snake.
(C) A quarantine or transfer order issued under this section shall contain all of the following:
(1) The name and address of the person owning or possessing the animal or snake, if known;
(2) A description of the quarantined or transferred animal or snake;
(3) A description of the premises affected by the quarantine or transfer;
(4) The reason for the quarantine or transfer;
(5) Any terms and conditions of the quarantine or transfer;
(6) A notice that a person adversely affected by the order may request a hearing to review the order.
(D) A person that is adversely affected by a quarantine or transfer order pertaining to a dangerous wild animal or restricted snake owned or possessed by the person, within thirty days after the order is issued, may request in writing an adjudication in accordance with Chapter 119. of the Revised Code. A request for an adjudication does not stay a quarantine or transfer order.
(E) The owner of or person possessing a dangerous wild animal or restricted snake that was quarantined or transferred under division (A) of this section shall be responsible for all reasonable costs associated with the quarantine or transfer, including the costs of transportation, housing, food, and veterinary care for the animal or snake. If such an owner or person is unable to pay for the reasonable costs, the director shall certify the costs to the county auditor to be assessed against any property of the owner or person and thereby made a lien upon it and collected as other taxes. All money from the collection of liens under this division shall be credited in accordance with division (J) of this section.
(F) If the state veterinarian determines that a dangerous wild animal or restricted snake that was quarantined or transferred under division (A) of this section is infected with or exposed to a dangerously contagious or infectious disease or is seriously injured, the state veterinarian shall so notify the director. The director may order the animal or snake to be humanely euthanized by a veterinarian if the state veterinarian has indicated that euthanization is medically necessary.
(G) A quarantine or transfer order issued under this section shall remain in effect until one of the following occurs:
(1) The director, after reviewing the results of the investigation conducted under division (A) of this section, issues a written notice of release.
(2) A court of competent jurisdiction orders the quarantine or transfer order to be terminated in a proceeding conducted under division (H) of this section.
(3) A court of competent jurisdiction orders the seizure of the dangerous wild animal or restricted snake in a proceeding conducted under division (H) of this section.
(H) If, after reviewing the results of an investigation concerning a dangerous wild animal or restricted snake conducted under division (A) of this section and after resolution of any proceeding conducted under division (D) of this section, the director determines that a circumstance described in division (A)(1), (2), or (3) of this section is or was occurring, the director shall initiate, in a court of competent jurisdiction, a proceeding for the permanent seizure of the animal or snake, as applicable. If the court affirms the director’s determination that a circumstance described in division (A)(1), (2), or (3) of this section is or was occurring, the court shall order the animal or snake seized and shall order the method of disposition of the animal or snake. The court may order the person owning or possessing the animal or snake to pay all reasonable costs associated with the seizure and, if applicable, the costs associated with the quarantine or transfer of the animal or snake, including the costs of transportation, housing, food, and veterinary care of the animal or snake. If the court does not affirm the director’s determination, the court shall order the quarantine or transfer order to be terminated and the animal or snake to be returned to the person owning or possessing it, if applicable.
(I) The director may authorize any of the following to conduct an investigation and order the quarantine or transfer of a dangerous wild animal or restricted snake under division (A) of this section:
(1) Employees of the department of agriculture;
(2) Natural resources law enforcement officers with the consent of the director of natural resources;
(3) Employees of the department of health with the consent of the director of health;
(4) Employees of a board of health with the consent of the board;
(5) Agents of a humane society appointed under section 1717.06 of the Revised Code with the consent of the humane society;
(6) Law enforcement officers with the consent of the sheriff of the county or the chief law enforcement officer of the township or municipal corporation, as applicable, by whom the law enforcement officers are employed;
(7) Law enforcement officers who are state highway patrol troopers with the consent of the superintendent of the state highway patrol.
(J) Money collected for reimbursement of costs associated with the quarantine or transfer of dangerous wild animals and restricted snakes under this section shall be credited to one of the following funds, as applicable:
(1) If the animal or snake was quarantined or transferred by an employee of the department of agriculture or the department of health, a natural resources law enforcement officer, or a law enforcement officer who is a state highway patrol trooper, the dangerous and restricted animal fund created in section 935.25 of the Revised Code;
(2) If the animal or snake was quarantined or transferred by an employee of a board of health, a special fund, which is hereby created in each health district, that shall be used exclusively for the administration and enforcement of this chapter and rules;
(3) If the animal or snake was quarantined or transferred by an agent of a humane society, a special fund, which is hereby created in each county that has a humane society, that shall be used exclusively for the administration and enforcement of this chapter and rules;
(4) If the animal or snake was quarantined or transferred by a law enforcement officer who is not a state highway patrol trooper, the special fund that is created in the political subdivision that employs the law enforcement officer in division (D) of section 935.16 of the Revised Code.
(K) The director shall maintain a list of facilities inside and outside the state that the director determines are eligible to accept dangerous wild animals and restricted snakes for the purposes of this section.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.21 Other officers authorized to investigate.
The director of agriculture may request either of the following to accompany the director or an employee of the department of agriculture for purposes of investigations and inspections conducted under this chapter:
(A) A law enforcement officer;
(B) With the consent of the director of natural resources, a natural resources law enforcement officer.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.22 Liability for destruction of animal or snake.
An employee of an agency or political subdivision of the state that destroys a dangerous wild animal or restricted snake that is a threat to public safety is not liable for damages in a civil action for any injury, death, or loss to person or property that allegedly arises from the destruction of the animal or snake.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.23 Requirements for access to antivenom; list of species; liability for treatment of bites.
(A) The owner of a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code shall do both of the following:
(1) Have access to antivenom for each species of snake that the person owns either at the location where each snake is confined or at a hospital, as defined in section 3727.01 of the Revised Code, with which the owner has entered into a written agreement to provide the antivenom. However, an owner may apply to the director of agriculture for a waiver to have access to antivenom in a location that is not specified in division (A)(1) of this section.
(2) Submit proof of having access to the antivenom required by division (A)(1) of this section to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each snake that the person owns is confined.
In addition, the owner shall submit a list that contains the name of each species of restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code that the person owns to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each snake is confined. If the restricted snake or snakes owned by the person change, the owner shall submit an updated list to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each such snake is confined no later than seven days after the change occurs.
(B) If a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code bites a person other than the snake’s owner, the owner is liable for all costs associated with the treatment of the bite, including the cost of replacement of any antivenom that was used to treat the bite.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.24 Civil penalty.
(A) The attorney general, upon request of the director of agriculture, shall bring an action for injunction against any person who has violated, is violating, or is threatening to violate this chapter or rules. The court of common pleas in which an action for injunction is filed has jurisdiction to and shall grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated, is violating, or is threatening to violate this chapter or rules.
(1) The director may assess a civil penalty against any person that the director determines is not in compliance with this chapter or rules.
(2) The director shall afford the person an opportunity for an adjudication under Chapter 119. of the Revised Code to challenge the director’s determination that the person is not in compliance with this chapter or rules. However, the person may waive the right to an adjudication.
(3) If the opportunity for an adjudication is waived or if, after an adjudication, the director determines that a violation has occurred or is occurring, the director may issue an order and assess a civil penalty in an amount established in rules against the violator. The order and the assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.
(C) Notwithstanding any other section of the Revised Code, money resulting from any action taken under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.25 Dangerous and restricted animal fund.
(A) There is hereby created in the state treasury the dangerous and restricted animal fund, which shall consist of all of the following:
(1) Money collected from permit application fees under this chapter;
(2) Money credited to the fund under division (J)(1) of section 935.20 of the Revised Code;
(3) Money credited to the fund under division (D) of section 935.24 of the Revised Code.
(B) Money in the fund shall be used for any of the following purposes:
(1) Administration and enforcement of this chapter and rules;
(2) Compensation of the department of natural resources or the state highway patrol for the costs incurred in capturing or destroying a dangerous wild animal or restricted snake pursuant to section 935.16 of the Revised Code;
(3) Compensation of the departments of natural resources and health, the state highway patrol, and boards of health for the costs incurred in conducting investigations and quarantining or transferring a dangerous wild animal or restricted snake pursuant to section 935.20 of the Revised Code;
(4) Compensation of a facility that is on the list maintained by the director of agriculture under division (K) of section 935.20 of the Revised Code and that accepts a dangerous wild animal or restricted snake pursuant to that section.
(C) Investment earnings of the fund shall be credited to the fund.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.26 Dangerous and restricted animals advisory board.
(A) There is hereby created the dangerous and restricted animals advisory board consisting of the following members:
(1) The director of agriculture or the director’s designee, who shall be the chairperson of the board;
(2) The director of natural resources or the director’s designee;
(3) The director of health or the director’s designee;
(4) The state veterinarian in the department of agriculture;
(5) The following eleven members who shall be appointed by the governor with the advice and consent of the senate and shall be residents of this state:
(a) One member representing dangerous wild animal or restricted snake owners;
(b) One member who is knowledgeable about dangerous wild animals or restricted snakes;
(c) One member representing an accredited member of the association of zoos and aquariums that operates in this state;
(d) One member representing an accredited member of the zoological association of America;
(e) Two members who are veterinarians;
(f) Two members representing the public;
(g) One member representing the governor;
(h) One member representing a humane society;
(i) One member representing a board of health.
(6) One member appointed by the speaker of the house of representatives who shall be a restricted snake owner;
(7) One member appointed by the president of the senate who shall be a dangerous wild animal owner.
Not more than seven members appointed to the board at any given time shall be members of the same political party.
(1) The governor, the speaker of the house of representatives, and the president of the senate shall make initial appointments to the board not later than forty-five days after the effective date of this section.
(2) The following initial members of the board appointed by the governor shall be appointed for a term ending January 15, 2013:
(a) The member representing dangerous wild animal or restricted snake owners;
(b) One of the members who is a veterinarian;
(c) The member representing the governor;
(d) The member representing an accredited member of the zoological association of America;
(e) The member representing a board of health.
(3) The following initial members of the board shall be appointed for a term ending January 15, 2014:
(a) The member appointed by the speaker of the house of representatives;
(b) The member who is knowledgeable about dangerous wild animals or restricted snakes;
(c) The member representing a humane society;
(d) One of the members representing the public.
(4) The following initial members of the board shall be appointed for a term ending January 15, 2015:
(a) The member appointed by the president of the senate;
(b) The member representing an accredited member of the association of zoos and aquariums that operates in this state;
(c) One of the members representing the public;
(d) One of the members who is a veterinarian.
Thereafter, terms of office of appointed members shall be for three years with each term ending on the same day of the same month as did the term that it succeeds. An appointed member shall hold office from the date of the member’s appointment until the end of the term for which the member was appointed.
The terms of office of the director of agriculture, the director of natural resources, the director of health, their designees, and the state veterinarian shall coincide with the length of time that the person holds the position of director or state veterinarian or is a designee, as applicable. If a director, a designee, or the state veterinarian resigns or that person’s employment is terminated, that person shall cease to serve on the board, and the successor of that person shall serve on the board in accordance with this section.
(C) Vacancies on the board shall be filled in the manner provided for original appointments. A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office, or until a period of one hundred eighty days has elapsed, whichever occurs first. A member may be reappointed upon the expiration of the member’s term.
(D) The board shall hold at least three regular meetings each year and may hold additional meetings at times that the chairperson or a majority of the board members considers appropriate. At the first meeting of the board in each calendar year, the director of agriculture or the director’s designee shall designate one member of the board to serve as its vice-chairperson. A majority of the board constitutes a quorum. The board may act only if a quorum is present and only by a majority vote of the members.
(E) Serving as an appointed member of the board does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.
(F) Appointed members of the board shall receive no compensation for their services. Members shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members. The expenses shall be paid from the dangerous and restricted animal fund created in section 935.25 of the Revised Code. The expenses shall be paid in accordance with the rules and requirements adopted by the department of administrative services that are applicable to state employees.
(G) The board may create committees that it considers appropriate to make recommendations to the board. Committees may include members who do not serve on the board.
(H) The board shall do both of the following:
(1) Review the rules that have been or are proposed to be adopted under divisions (A)(2) and (B) of section 935.17 of the Revised Code;
(2) Advise the director of agriculture on the administration of this chapter and rules.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.27 Dangerous wild animal state emergency response commission.
(A) There is hereby created the dangerous wild animal state emergency response commission consisting of all of the following:
(1) The director of agriculture or the director’s designee, who shall be the chairperson of the commission;
(2) The director of natural resources or the director’s designee;
(3) The director of health or the director’s designee;
(4) The executive director of the emergency management agency or the executive director’s designee;
(5) A member of the house of representatives appointed by the speaker of the house of representatives;
(6) A member of the senate appointed by the president of the senate;
(7) Both of the following members who shall be appointed by the governor with the advice and consent of the senate:
(a) A person representing a local law enforcement agency;
(b) A person representing the owners of dangerous wild animals.
(B) Not later than thirty days after the effective date of this section, the governor shall make appointments to the commission. Of the initial appointments, one shall serve for a term of two years and one shall serve for a term of three years. Thereafter, terms of office shall be for three years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed.
Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.
The commission shall meet at times that the chairperson or a majority of the commission members considers appropriate, provided that no meeting shall be held on the call of the chairperson unless at least seven days’ written notice first is provided to all members of the commission. At the first meeting of the commission in each calendar year, the director of agriculture shall designate one member of the commission to serve as its vice-chairperson. A majority vote of the members of the commission is necessary to take action on any matter. A vacancy on the commission does not impair the right of the other members to exercise all of the commission’s powers.
Appointed members of the commission shall serve without compensation for attending commission meetings. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of official duties as members of the commission.
The department of agriculture shall provide the commission with the personnel, office space, and incidentals necessary for it to perform its duties and exercise its powers.
(C) The commission shall do the following:
(1) Establish a state dangerous wild animal emergency response plan for escaped dangerous wild animals in this state;
(2) By resolution, appoint members to a dangerous wild animal county emergency response team for each county. A county emergency response team shall consist of the number of members that the commission considers appropriate, but shall include representatives from each of the following groups or organizations: elected local officials, law enforcement personnel, emergency management personnel, firefighting personnel, first aid personnel, health personnel, broadcast and print media personnel, and persons that possess dangerous wild animals.
(3) Examine and approve or reject emergency response plans submitted to the commission by each county’s dangerous wild animal county emergency response team.
The commission shall establish procedures and requirements for the preparation and examination and the approval or rejection of a county’s emergency response plan.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.28 County emergency response plan.
The dangerous wild animal county emergency response team of a county established under section 935.27 of the Revised Code shall prepare an emergency response plan for the county. The plan shall include the methods and procedures that will be utilized in the county in the event of an escaped dangerous wild animal in the county. The emergency response team shall submit the plan to the dangerous wild animal emergency response commission established in section 935.27 of the Revised Code for the commission’s approval. The emergency response team shall update the plan on an annual basis and shall submit the updated plan to the commission for approval.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.29 Local ordinances.
(A) For the purposes of this section, ordinances to control dangerous wild animals, restricted snakes, or both include, but are not limited to, ordinances concerned with the acquisition or possession of dangerous wild animals or restricted snakes, dangerous wild animals or restricted snakes as public nuisances, and dangerous wild animals or restricted snakes as a threat to public health, safety, and welfare.
(B) A municipal corporation may adopt and enforce ordinances that are more stringent than the requirements established by this chapter and rules in order to control dangerous wild animals, restricted snakes, or both within the municipal corporation.
(C) No person shall violate an ordinance adopted under this section.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.
935.99 Criminal penalties.
(A) Whoever violates division (A), (B), (C), (E), (F), or (G) of section 935.18 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
(B) Whoever violates division (D) of section 935.18 of the Revised Code is guilty of a felony of the fifth degree.
(C) Whoever violates division (C) of section 935.29 of the Revised Code is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense. Fines levied and collected for violations of that division shall be distributed by the mayor or clerk of the municipal court in accordance with section 733.40 or division (F) of section 1901.31 of the Revised Code to the treasury of the municipal corporation whose ordinance was violated.
Added by 129th General AssemblyFile No.113, SB 310, §1, eff. 9/5/2012.