[FEL-L] RE: Ohio HB643 -established requirements and personal poss.
permits
Bigcats10 at aol.com
Bigcats10 at aol.com
Fri Aug 11 17:53:24 CDT 2006
Regular Session 2005-2006 H. B. No. 643
Representatives Distel, Hartnett, Foley, DeGeeter, Chandler, Fende,
Williams, Perry, Koziura, Ujvagi, Otterman
____________________________________
A BILL
To enact sections 1534.01 to 1534.14 and 1534.99 of the Revised Code to
require persons who possess dangerous wild animals or exotic animals to obtain
personal possession permit and to establish requirements regarding the
possession and care of dangerous wild animals and exotic animals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1534.01, 1534.02, 1534.03, 1534.04, 1534.05,
1534.06, 1534.07, 1534.08, 1534.09, 1534.10, 1534.11, 1534.12, 1534.13, 1534.14,
and 1534.99 of the Revised Code be enacted to read as follows:
Sec. 1534.01. As used in this chapter:
(A) "Dangerous wild animal" means a coyote, black bear, mountain lion, wolf,
bobcat, or wild board or a hybrid of such animals.
(B) "Exotic animal" means any of the following animals, including hybrids of
them, that due to their inherent nature may be considered dangerous to
humans:
(1) A lion;
(2) A tiger;
(3) A cougar;
(4) A leopard;
(5) A serval;
(6) An ocelot;
(7) A nonhuman primate, except a nonhuman primate that provides support or
assistance for a mobility impaired person;
(8) A jackal;
(9) A hyena;
(10) A martin;
(11) A coati;
(12) A civet;
(13) A genet;
(14) A mongoose;
(15) A binturong;
(16) An anteater;
(17) An armadillo;
(18) A sloth;
(19) A kangaroo;
(20) A wallaby;
(21) A rhinoceros;
(22) A tapir;
(23) An elephant;
(24) A prairie dog;
(25) A hippopotamus;
(26) A giraffe;
(27) A camel;
(28) A crocodile monitor;
(29) A water monitor;
(30) A green iguana;
(31) A rock iguana;
(32) A species within the family Elapidae;
(33) A species within the family Boidae that has the potential to exceed
eight feet in length;
(34) A boomslang or African twig snake of the family Colubridae.
(C) "Humane society" means an organization that is organized under section
1717.05 of the Revised Code.
(D) "Law enforcement agency" means any organization or unit that is
comprised of law enforcement officers.
(E) "Possess" means own, keep, harbor, or have in a person's custody.
(F) "Serious physical harm to a person" means any of the following:
(1) Any physical harm that carries a substantial risk of death;
(2) Any physical harm that involves some permanent incapacity, whether
partial or total, or that involves some temporary, substantial incapacity;
(3) Any physical harm that involves some permanent disfigurement or that
involves some temporary, serious disfigurement;
(4) Any physical harm that involves acute pain of such duration as to result
in substantial suffering or that involves any degree of prolonged or
intractable pain.
(G) "Veterinarian" means an individual who is licensed under Chapter 4741.
of the Revised Code.
(H) "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 operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced exotic 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) Use the animal for any type of entertainment;
(2) Sell, trade, or barter the animal or the animal's body parts;
(3) Breed the animal.
Sec. 1534.02. (A) Except as otherwise provided in this chapter, no person
shall possess a dangerous wild animal or an exotic animal.
(B) This chapter does not apply to any of the following:
(1) The division of wildlife;
(2) A facility that is an accredited member of the American zoo and aquarium
association or that is under mentorship of the association;
(3) A humane society;
(4) A veterinary hospital or clinic;
(5) A wildlife sanctuary;
(6) A research facility as defined in the "Animal Welfare Act of 1966," 80
Stat. 350, 7 U.S.C. 2131, as amended;
(7) A vocational school, college, university, or other educational
institution;
(8) A traveling public show or circus that uses dangerous wild animals or
exotic animals as an integral part of the show or circus performance and that
keeps the animals in this state only during the time period when the traveling
public show or circus is performing in this state;
(9) An individual who does not reside in this state and is traveling through
this state with a dangerous wild animal or an exotic animal, who has the
animal confined in a cage at all times, and who is in this state not more than
ninety-six hours.
Sec. 1534.03. (A) No person shall possess a dangerous wild animal or an
exotic animal on or after the effective date of this section without a personal
possession permit issued by the chief of the division of wildlife under
section 1534.05 of the Revised Code.
(B) A person who possesses a dangerous wild animal or an exotic animal on
the effective date of this section shall apply for a personal possession permit
not later than ninety days after the effective date of this section. If such
a person subsequently is issued a personal possession permit, the person
shall not be found guilty of violating this section during the period of time
beginning on the effective date of this section until the issuance of the
permit.
Sec. 1534.04. (A) An applicant for a personal possession permit shall file
an application for a permit with the chief of the division of wildlife on a
form provided by the chief. An applicant need apply for only one permit
regardless of the number of dangerous wild animals or exotic animals that are
possessed by the applicant. The application shall include all of the following:
(1) The name, date of birth, address, and telephone number of the applicant;
(2) If different from the information provided under division (A)(1) of this
section, the name, address, and telephone number of the location where each
dangerous wild animal or exotic animal will be confined;
(3) A description of each dangerous wild animal or exotic animal, including
the scientific name, 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) Any additional information that the chief determines is necessary to
administer and enforce this chapter.
(B) The applicant shall submit with the application a permit fee in an
amount established by the chief in rules adopted under section 1534.10 of the
Revised Code. If a permit is not issued, the permit fee shall be retained by the
chief as payment for the reasonable expense of processing the application.
The fee shall be deposited in the state treasury to the credit of the dangerous
wild and exotic animals fund created in section 1534.14 of the Revised Code.
Sec. 1534.05. (A) Not later than ninety days after receipt of an
application, the chief of the division of wildlife shall issue or deny a personal
possession permit. The chief 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 submitted the permit fee required under division (B)
of section 1534.04 of the Revised Code.
(3) The applicant has submitted a complete application that meets the
requirements established in section 1534.04 of the Revised Code.
(4) The facility and the conditions in which each dangerous wild animal or
exotic animal will be kept are in compliance with this chapter and rules
adopted under it.
(5) The applicant has complied with the liability insurance requirements
established in section 1534.07 of the Revised Code.
(B)(1) A personal possession permit shall contain all of the following:
(a) The name, date of birth, address, and telephone number of the permit
holder;
(b) If different from the information provided under division (B)(1)(a) of
this section, the name, address, and telephone number of the location where
each of the permit holder's dangerous wild animals or exotic animals will be
confined;
(c) The number of dangerous wild animals and exotic animals that are
possessed by the permit holder at the time that the permit is issued;
(d) The species of, age of, sex of, and name that the permit holder has
given to each dangerous wild animal or exotic animal that is possessed by the
permit holder at the time that the permit is issued together with any
distinguishing marks or coloration that would aid in the identification of each animal;
(e) The name, address, and telephone number of the veterinarian who provides
veterinary care for each dangerous wild animal or exotic animal that is
identified on the permit;
(f) Any additional terms, conditions, or information that the chief
determines is necessary.
(2) If the information contained in the permit changes, the permit holder
promptly shall notify the chief. The chief shall issue a revised permit
containing the new information.
(C) Not later than the first day of December of each year, a permit holder
shall apply to the chief, on a form provided by the chief, for a renewal of
the permit if the holder intends to retain possession of the animal or animals
that are identified in the permit. Not later than thirty days after receipt
of an application for renewal, the chief shall renew or deny the renewal of
the permit. The chief shall renew the permit if the permit holder meets the
requirements of this chapter and pays a renewal fee in an amount established by
the chief in rules adopted under section 1534.10 of the Revised Code. If a
renewal permit is denied, the renewal fee shall be retained by the chief as
payment for the reasonable expense of processing the application. The fee shall
be deposited in the state treasury to the credit of the dangerous wild and
exotic animals fund created in section 1534.14 of the Revised Code.
(D) If the chief denies an application for a permit or a renewal of a
permit, the chief shall notify the person of the denial, the grounds for the
denial, and the person's right to a hearing under Chapter 119. of the Revised Code.
Notwithstanding section 119.12 of the Revised Code, the decision of the
court under that section is final and nonappealable.
(E) If a person does not appeal the determination of the chief or if the
court affirms the determination of the chief, the person shall do one of the
following regarding the dangerous wild animals or exotic animals that are
possessed by the person:
(1) Transfer the dangerous wild animals or exotic animals to a humane
society, wildlife sanctuary, or facility that is an accredited member of the
American zoo and aquarium association;
(2) Have a veterinarian euthanize the dangerous wild animals or exotic
animals.
The person is responsible for all costs associated with the transfer or
euthanization of the animals.
(F) The chief shall maintain records for each holder of a permit that is
issued under this section.
Sec. 1534.06. (A) On and after ninety days after the effective date of this
section, the chief of the division of wildlife shall confiscate a dangerous
wild animal or an exotic animal if the person that possesses the animal does
not have a personal possession permit issued under section 1534.05 of the
Revised Code or has not submitted an application for a permit under section
1534.04 of the Revised Code. The chief immediately shall send written notice by
certified mail, return receipt requested, to the person stating that the person
has five business days after the receipt of the notice to deposit money with
the chief in an amount determined by the chief in rules adopted under
section 1534.10 of the Revised Code to pay all reasonable expenses expected to be
incurred in caring and providing for the dangerous wild animal or exotic
animal for ninety days.
(B) After depositing money in accordance with division (A) of this section,
the person shall submit an application for a personal possession permit in
accordance with section 1534.04 of the Revised Code.
(C) If the chief denies an application for a permit and the person files an
appeal pursuant to division (D) of section 1534.05 of the Revised Code that
extends beyond the time for which money is required to be deposited under
division (A) of this section, the person shall deposit additional money in an
amount determined by the chief in rules adopted under section 1534.10 of the
Revised Code to pay all reasonable expenses expected to be incurred in caring
and providing for the dangerous wild animal or exotic animal for thirty days.
(D) If the chief approves an application for a permit, the chief shall
release the confiscated dangerous wild animal or exotic animal to the person. The
person immediately shall comply with divisions (A)(1) and (2) of section
1534.04 of the Revised Code.
(E) If the person that possesses a dangerous wild animal or an exotic animal
that is confiscated under this section does not submit an application for a
personal possession permit under section 1534.04 of the Revised Code, if the
person that possesses a dangerous wild animal or an exotic animal that is
confiscated under this section cannot be located by the chief, or if a
confiscated animal remains unclaimed for more than fifteen days after its
confiscation, the chief shall do one of the following regarding the dangerous wild animal
or exotic animal:
(1) Transfer the dangerous wild animal or exotic animal to a humane society,
wildlife sanctuary, or facility that is an accredited member of the American
zoo and aquarium association;
(2) Transfer the dangerous wild animal or exotic animal to a person who has
been issued a personal possession permit under section 1534.05 of the Revised
Code;
(3) Have a veterinarian euthanize the dangerous wild animal or exotic animal.
Sec. 1534.07. (A) No person applying for or holding a permit issued under
section 1534.05 of the Revised Code shall possess a dangerous wild animal or an
exotic animal in this state unless the person has obtained and 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 such an animal. The policy shall be in an amount of not
less than two hundred fifty thousand dollars.
(B) The insurance policy shall not be canceled by the permit holder or the
insurer except upon notice to the chief of the division of wildlife by
certified mail, return receipt requested. The cancellation shall not be effective
prior to thirty days after the chief receives the notice.
Sec. 1534.08. (A) The holder of a permit issued under section 1534.05 of the
Revised Code shall do all of the following:
(1) For each dangerous wild animal or exotic animal, comply with the
American zoo and aquarium association's husbandry guidelines for animal care and
maintenance for that animal;
(2) Comply with rules adopted under section 1534.10 of the Revised Code;
(3) Post and display at intervals of ten feet along the boundary of the
property where each dangerous wild animal or exotic animal is confined signs
warning the public that a dangerous wild animal or an exotic animal is on the
property. The signs shall comply with standards established in rules adopted
under section 1534.10 of the Revised Code.
(4) Have a plan for the safe recapture of a dangerous wild animal or an
exotic animal if the animal escapes from the permit holder's control. The permit
holder also shall have a plan for the destruction of an escaped dangerous
wild animal or exotic animal if the recapture of the animal would endanger the
life of the person who is trying to capture the escaped animal.
(5) If a dangerous wild animal or an exotic animal escapes from the permit
holder's control, immediately inform the nearest wildlife officer employed by
the department of natural resources under section 1531.13 of the Revised
Code. The permit holder is responsible for all costs associated with the
recapture or destruction, if applicable, of the dangerous wild animal or exotic
animal.
(6) Keep a log of all dangerous wild animals or exotic animals possessed by
the permit holder. The log shall be kept in accordance with rules adopted
under section 1534.10 of the Revised Code.
(7) Notify in writing each law enforcement agency and fire department with
jurisdiction over the property where the permit holder keeps dangerous wild
animals or exotic animals of the species of dangerous wild animals or exotic
animals possessed by the permit holder and the number of each species possessed
by the permit holder;
(8) Not later than thirty days after receipt of the permit, publish notice
of the receipt of the permit in a newspaper of general circulation in the
county where the permit holder keeps dangerous wild animals or exotic animals.
The notice shall include information concerning the species of dangerous wild
animals or exotic animals possessed by the permit holder and the number of
each species possessed by the permit holder.
(B) No person shall fail to comply with this section.
Sec. 1534.09. If the holder of a permit issued under section 1534.05 of the
Revised Code no longer can care for a dangerous wild animal or an exotic
animal identified in the holder's permit, the permit holder shall notify the
chief of the division of wildlife of the permit holder's desire to transfer the
animal. The permit holder may submit the name or names of persons who hold a
valid personal possession permit and who are determined by the transferring
permit holder to have the necessary facilities to care for the animal. The
chief shall investigate those persons to verify that they have the necessary
facilities to care for the animal and that they are in good standing with the
division of wildlife. The chief shall approve or deny the transfer.
If the chief denies the transfer of a dangerous wild animal or an exotic
animal to another permit holder, or if the transferring permit holder does not
request such a transfer, the permit holder shall transfer possession of the
animal to a humane society, wildlife sanctuary, or facility that is an
accredited member of the American zoo and aquarium association. If that transfer
cannot occur, a veterinarian shall euthanize the animal. The permit holder is
responsible for all costs associated with the transfer or euthanization of the
animal.
Sec. 1534.10. The chief of the division of wildlife shall adopt rules in
accordance with Chapter 119. of the Revised Code that do all of the following:
(A) Establish the amount of the fee that must be submitted with an
application for a personal possession permit under division (B) of section 1534.04 of
the Revised Code. The fee shall not be more than one hundred dollars for each
dangerous wild animal or exotic animal identified in an application, but
shall not exceed one thousand dollars for each person applying for a permit
regardless of the number of dangerous wild animals or exotic animals possessed by
the person.
(B) Establish the amount of the renewal fee for a personal possession permit
that is required under division (C) of section 1534.05 of the Revised Code;
(C) Establish the amount of money that is required to be deposited under
section 1534.06 of the Revised Code. The amount shall be based on the cost of
feeding and providing medical care and housing for a dangerous wild animal or
an exotic animal for each of the time periods specified in that section. The
chief shall review the costs on an annual basis.
(D) Establish the content and size of the signs that are required to be
posted under division (A)(3) of section 1534.08 of the Revised Code;
(E) Establish requirements regarding perimeter fencing around the primary
enclosure facilities that are used to house dangerous wild animals or exotic
animals. The rules shall require that perimeter fences be at least eight feet
in height for all dangerous wild animals and for those exotic animals that are
determined by the chief to be dangerous. For all other exotic animals, the
rules shall require perimeter fences to be not less than six feet in height.
The rules shall require perimeter fencing to be constructed in a manner that
prevents an animal from going through, under, or over the fence in order to
function as a secondary containment system should animals escape from the
primary enclosure facilities that are used for housing. The rules shall require a
perimeter fence to be constructed at least three feet in distance from those
primary enclosure facilities. Finally, the rules shall authorize the chief to
issue written exemptions from the requirement to install perimeter fencing
in any of the following situations with respect to a dangerous wild animal or
exotic animal:
(1) If the outside walls of the primary enclosure facility that is used to
house the animal are made of sturdy, durable material, such as concrete, wood,
metal, or glass and are high enough to and constructed in a manner that
restricts ingress and egress by animals and unauthorized persons;
(2) Where the primary enclosure facility that is used to house the animal is
protected by an effective natural barrier that restricts ingress and egress
by animals and unauthorized persons;
(3) If appropriate alternative security measures are employed;
(4) If the animal that is being housed in the primary enclosure facility
does not constitute such a threat to people or other animals that perimeter
fencing is necessary.
(F) Establish a requirement that the primary enclosure facility that is used
to house a dangerous wild animal or exotic animal be not less than five
hundred feet from the property line of the property on which the enclosure
facility is located;
(G) Establish the form of and procedures for keeping the log that is
required under division (A)(6) of section 1534.08 of the Revised Code;
(H) Establish any other provisions that are necessary to administer and
enforce this chapter.
Sec. 1534.11. (A) At least annually, the chief of the division of wildlife
or the chief's designee shall inspect each premises concerning which a
personal possession permit has been issued under section 1534.05 of the Revised Code
in order to determine whether all dangerous wild animals and exotic animals
at the premises are being cared for according to the standards and
requirements that are specified in or established under this chapter and rules adopted
under it. In addition, the chief or the chief's designee may enter any
premises where dangerous wild animals or exotic animals are confined in order to
determine if the animals are being cared for according to the standards and
requirements that are specified in or established under this chapter and rules
adopted under it. If refused entry, the chief or the chief's designee may
apply for and the court of common pleas having jurisdiction may issue an
appropriate warrant.
(B) The chief may suspend or revoke a permit issued under section 1534.05 of
the Revised Code after a hearing in accordance with Chapter 119. of the
Revised Code for any violation of this chapter or any rule adopted under it. If
the chief revokes a permit, the dangerous wild animals or exotic animals that
are possessed by the permit holder shall be confiscated and transferred to a
humane society, wildlife sanctuary, or facility that is an accredited member
of the American zoo and aquarium association. If a humane society, wildlife
sanctuary, or facility that is an accredited member of the American zoo and
aquarium association refuses to accept a dangerous wild animal or an exotic
animal, a veterinarian shall euthanize the animal. The permit holder is
responsible for all costs associated with the transfer or euthanization of the animal.
Sec. 1534.12. No person shall do any of the following:
(A) Allow another person that does not have a permit issued under section
1534.05 of the Revised Code to possess a dangerous wild animal or an exotic
animal on the person's property;
(B) Tether, leash, or chain a dangerous wild animal or an exotic animal
outside a cage or allow a dangerous wild animal or an exotic animal to roam;
(C) Mistreat, neglect, or abandon a dangerous wild animal or an exotic
animal or deprive a dangerous wild animal or an exotic animal of necessary food,
water, shelter, or veterinary care;
(D) Except for visits to a veterinarian or veterinary clinic, bring a
dangerous wild animal or an exotic animal to a commercial or retail establishment
or onto real property owned by, or under the supervision of, a state agency or
political subdivision;
(E) Transport a dangerous wild animal or an exotic animal in a motor vehicle
without keeping the animal in a secured cage or enclosure in the vehicle
during the period of transport;
(F) Release a dangerous wild animal or an exotic animal into the wild;
(G) Keep a dangerous wild animal or an exotic animal in an unsecured
environment at any time;
(H) Fail to notify in writing the chief of the division of wildlife, a
wildlife sanctuary, or a facility that is an accredited member of the American zoo
and aquarium association prior to euthanizing a dangerous wild animal or an
exotic animal.
Sec. 1534.13. If the chief of the division of wildlife determines that any
person has violated or is violating this chapter, a rule adopted under it, or
a term or condition of a permit issued under it, the chief may request in
writing that the attorney general, the prosecuting attorney of the county, or
the city director of law where the violation has occurred or is occurring bring
an action for civil penalties in a court of competent jurisdiction. The
court may impose on the person a civil penalty of not less than two hundred
dollars and not more than two thousand dollars with respect to each animal
concerning which there is a violation of this chapter and for each day of each
violation of this chapter, a rule adopted under it, or a term or condition of a
permit issued under it.
Money resulting from civil penalties imposed by an action brought under this
section shall be credited to the dangerous wild and exotic animals fund
created in section 1534.14 of the Revised Code.
Sec. 1534.14. The dangerous wild and exotic animals fund is hereby created
in the state treasury. The fund shall consist of fees collected under this
chapter and all money resulting from civil penalties imposed pursuant to section
1534.13 of the Revised Code. All money in the fund shall be used to carry
out the purposes of this chapter and rules adopted under it.
Sec. 1534.99. (A) Whoever violates
_http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_643_
(http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_643)
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