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Animal Cruelty Update

Excerpt from Jeff Holland's presentation to the Cleveland Bar Association Animal Welfare Committee; May 4, 2006

 The purpose of this outline is to provide general materials about animal welfare law in Ohio.  As such, it is not intended to be comprehensive.  No summary can take the place of reading the actual legislation and seeking advice from your attorney to determine how these laws might apply to any given situation.  AORC@ is a reference to the Ohio Revised Code.

1.             WHAT IS THE LEGAL STATUS OF ANIMALS IN OHIO?

a.             As personal property;

i.               Owner=s rights, not animal rights;

ii.              Damage generally limited to Afair market value@;

iii.            Damage issue evolving.

b.             Hunting regulations;

c.             Animal cruelty laws.

2.             WHO ENFORCES OHIO ANIMAL WELFARE LAW?

a.             County Humane Societies, O.R.C. '1717.05

i.               Known as Ahumane society@, AS.P.C.A.@, AA.P.L.@

ii.              Usually non-profit organizations

iii.            Usually completely independent of national organizations, like the A.S.P.C.A. or the Humane Society of the United States

iv.            Usually not a government entity

v.             May or may not operate an animal shelter

vi.            May employ humane agents

vii.           May employ a private attorney to prosecute animal cruelty cases.  The County must pay the attorney hes/her reasonable fees.    O.R.C. ' 2931.18.

b.             Humane agents/ Humane officers

i.               Employed by a county humane society

ii.              Appointment must be approved by a mayor or county probate judge

iii.            Law enforcement officers with limited jurisdiction over cruelty to animals or persons. O.R.C. '1717.06

iv.            A county may pay only one humane agent, a minimum of $25/month. Thus, many humane agents are paid by the humane society, or are volunteers.

c.             Dog Warden

i.               Impounds stray dogs

ii.              Impounds unlicenced dogs

iii.            Investigates damages to animals by dogs

iv.            May seize dogs which are treated inhumanely (not other animals)

d.             Police, sheriff and other law enforcement officers may enforce animal welfare laws.

e.             Private citizen=s authority to protect an animal: O.R.C. '1717.13:

 When, in order to protect any animal from neglect, it is necessary to take possession of it, any person may do so. When an animal is impounded or confined, and continues without necessary food, water, or proper attention for more than fifteen successive hours, any person may, as often as is necessary, enter any place in which the animal is impounded or confined and supply it with necessary food, water, and attention, so long as it remains there, or, if necessary or convenient, he may remove such animal; and he shall not be liable to an action for such entry. In all cases the owner or custodian of such animal, if known to such person, immediately shall be notified by him of such action. If the owner or custodian is unknown to such person, and cannot with reasonable effort be ascertained by him, such animal shall be considered an estray and dealt with as such.

The necessary expenses for food and attention given to an animal under this section may be collected from the owner of such animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment for such expenses.

 3.              WHAT IS ANIMAL CRUELTY IN OHIO?

 a.             O.R.C. ' 959.13 covers both purposeful acts of cruelty and passive neglect.  As of April 9, 2003, a new law, 959.131 (discussed below), will cover Acompanion animals@, but the old law, ' 959.13, will remain in effect for all other animals.   The entire text of ' 959.13 follows:

              (A) No person shall:

(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;

(2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. Division (A)(2) of this section does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, shelter means a man‑made enclosure, windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth's contour, tree development, or vegetation.

(3) Carry or convey an animal in a cruel or inhuman[e] manner;

(4) Keep animals other than cattle, poultry or fowl, swine, sheep, or goats in an enclosure without wholesome exercise and change of air, nor or [sic] feed cows on food that produces impure or unwholesome milk;

(5) Detain livestock in railroad cars or compartments longer than twenty‑eight hours after they are so placed without supplying them with necessary food, water, and attention, nor permit such stock to be so crowded as to overlie, crush, wound, or kill each other.

(B) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water, and attention, may be extended to thirty‑six hours without penalty therefor. This section does not prevent the dehorning of cattle.

(C) All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there be such in the county, township, or municipal corporation where such violation occurred.

 b.             A summary of 959.13 charges:

(A)(1)  Any act or neglect which causes suffering (see definition of Atorture@ below); or

Beating or killing; or

Lack of food or water*;

(A)(2)  Lack of shelter*;

(A)(3) Cruel transportation;

(A)(4)  Lack of wholesome exercise or change of air.

*must show the animal was Aconfined@ for a shelter or food/water case.

4.             THE NEW CRUELTY LAW IN OHIO.   Senate Bill 221; effective April 9, 2003.

a.             New humane agent training requirements:

i.               Prior to SB 221, there were no training requirements for humane agents; a humane agent only needed to be appointed by a humane society, and then have that appointment approved by a probate court or mayor.

ii.              Now a person must now complete at least 20 hours of training before he/she can be appointed as a humane agent.  The training program will include "instruction on traditional animal husbandry methods and training techniques, including customary owner‑performed practices."

iii.            Current humane agents have until December 31, 2004 to provide proof of training to continue to act as humane agents.

iv.            All fine money for violations of O.R.C. '959.131 go to the humane society or law enforcement agency investigating the case for training of humane agents.

b.             Reporting suspected child abuse: In recognition of the fact that animal cruelty often leads to cruel treatment of humans, humane agents are required to report suspicion of child abuse to the proper authorities.

 c.             Increased penalties for abandoning an animal: Abandoning an animal used to be a minor misdemeanor, punishable by a maximum of a $100 fine.  It is now a 2nd degree misdemeanor (maximum penalty 90 days in jail and a $750 fine).  Subsequent convictions will be misdemeanors of the 1st degree (maximum penalty 180 days in jail and a $1000 fine).  This applies to all animals, not just companion animals.

 d.             New law for cruelty to ACompanion Animals@: O.R.C. '959.131

 i.               A "companion animal" is:

(1)           All dogs, regardless of where they are kept;

(2)           All cats, regardless of where they are kept;

(3)           All animals kept in a residential dwelling.

 ii.              Animals and situations are specifically EXEMPT from 959.131:

(1)           Livestock;

(2)           Wild animals;

(3)           Animals used in scientific research conducted in accordance with the federal animal welfare act;

(4)           Animals undergoing lawful veterinary treatment;

(5)           Dogs intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;

(6)           Use of common training devices, if used in accordance with usual and commonly accepted practices for the training of animals;

(7)           Use of properly prescribed medicines on animals;

(8)           Remember that the original animal cruelty law, O.R.C. '959.13, will still be in effect.  Offenses against livestock, wild animals, etc. can still be prosecuted under the old law.

 iii.            Difference between neglect and deliberate animal cruelty: In '959.13, animal neglect and acts knowingly perpetrated by an offender carried the same penalty.  '959.131 increases the penalty for multiple offenders and for persons who commit cruelty knowingly.

 iv.            New protections for owners/keepers of companion animals:

(1)           If an officer seizes a companion animal, he/she must post notice of the seizure.

(2)           The owner may request a hearing, at which time the State must prove it had probable cause to seize the animal; otherwise the animal must be returned.

(3)           If a defendant is found not guilty, the animal must be returned.  If it cannot be returned, the impounding agency must pay the defendant an amount equal to the fair market value of the animal at the time of seizure. 

 v.             Care of companion animals pending trial:

(1)           A court may order the defendant to care for the animal at his/her own property while a cruelty complaint is pending.  The court may permit officers to inspect defendant's property to make sure the animal is being cared for.

(2)           If the animal is kept by law enforcement, the court may order the defendant to put money in escrow to cover the costs of caring for animals pending trial if the costs are expected to be more than $1500.  The defendant is entitled to a hearing to determine whether he/she should pay.

(3)           If the defendant is convicted, deposit money is used to pay for the expenses of caring for the animals, then to pay the fine and court costs.  Any amount left over is returned to the defendant.

(4)           If the defendant is found not guilty, the money is returned to the defendant.

(5)           The impounding agency must pay a veterinarian who provided care for the animal, whether or not it gets reimbursement from the defendant.

 5.             TORTURE:  O.R.C. 959.13 and 959.131 cover many illegal acts, from active, malicious cruelty to acts commonly considered to be Aanimal neglect@.  ATorture@ may be the most useful word in the whole statute.

 a.             ATorture@ is defined in O.R.C. 1717.01(B) as follows:

"Cruelty," "torment," and "torture" include every act, omission, or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief;

 b.             Shorthand definition of Atorture@ or Acruelty@: 

Unnecessary or unjustifiable pain or suffering, when there is a reasonable remedy or relief.

c.             What CAN be torture, under the right circumstances?

i.               filthy living conditions

ii.              urine burns

iii.            severe matting

iv.            heat/cold (NOT covered by shelter requirement of 959.13(A)(2))

v.             lack of veterinary care

vi.            severe parasite infestation

vii.           heartworm positive???

viii.         psychological/ mental torture???

 6.             MISDEMEANOR PENALTIES GENERALLY:

7.             PENALTY FOR ANIMAL CRUELTY (ORC 959.13):

a.             Generally, animal cruelty 959.13 is a 2^nd degree misdemeanor.

b.             Maximum probation: 5 years

c.             Animals which were victims of animal cruelty can be forfeited.

d.             Other animals owned by the defendant can be forfeited.

e.             In one case, an order that  defendant surrender all 122 horses seized from his farm when he was convicted of cruelty to only ten of them, and that he not own horses in that county during three‑year probationary term were upheld.

f.               Conditions of probation may include periodic inspections;

g.             In many jurisdictions, restitution may not include veterinary care or expenses of caring for animals.

h.             The fines go to the county humane society.

8.             PENALTY FOR CRUELTY TO COMPANION ANIMALS (ORC 959.131):

a.             Knowingly committing an act of cruelty is a 1st degree misdemeanor. A subsequent offense is a 5th degree felony (maximum penalty 1 year prison and a $2500 fine).

b.             Animal neglect (cruelty committed negligently) is still a 2nd degree misdemeanor.  A subsequent offense is 1st degree misdemeanor.

c.             The defendant may be ordered to forfeit any or all of the companion animals in that person's ownership or care.

d.             The court also may prohibit or limit the defendant's ability to own or care for any companion animals for a specified or indefinite period of time.

e.             The court may order a defendant to pay for the care and rehabilitation of the animal(s) from the time of seizure through the date of sentencing.

f.               The court is given specific authority to order psychological counselling.

9.             OTHER ANIMAL CRUELTY STATUTES IN OHIO

a.             Docking horse tails is a 2^nd degree misdemeanor; a 1^st degree misdemeanor on a second offense.  O.R.C. 959.14:

No owner or person having the custody, control, or possession of a horse, mare, gelding, foal, or filly, nor an agent or employee of such owner or custodian, shall cut off or cause to be cut off or amputated the skin, flesh, muscles, bone, or integuments of the dock or tail thereof, in order to shorten its natural length or proportions; nor shall any such owner, person, or the agent or employee of either pull out the hairs of the foretop, mane, or withers thereof. This section does not prohibit the cutting or amputation of the dock or tail of a horse, mare, gelding, foal, or filly when necessary because of accident, malformation, or disease affecting such dock or tail.

b.             Abandoning animals is a minor misdemeanor, maximum penalty: $100 fine, no jail.  As of April 9, 2003, it will be a 2nd degree misdemeanor.  Subsequent convictions will be misdemeanors of the 1st degree.  This applies to all animals, not just companion animals.

c.             AMaliciously or willfully@ killing or injuring another=s domestic animal without their permission is a 2^nd degree misdemeanor.  Or, if the animal is worth more than $300, it is a 1^st degree misdemeanor.  Veterinarians are exempt.

d.             However, Amaliciously or willfully@ poisoning another=s domestic animal without their permission is only a 4^th degree misdemeanor.  Again, veterinarians are exempt.

e.             Dogfighting is a 4^th degree felony; a 3^rd degree felony on a second offense.

f.               However, fighting other animals is only a 4^th degree misdemeanor.

g.             Drugging an animal within 48 hours of a fair or other agricultural competition is a 1^st degree misdemeanor

h.             Animals may not be euthanized by a high altitude decompression chamber, or Aby any method other than a method that immediately and painlessly renders the domestic animal initially unconscious and subsequently dead.@ A violation is a 4^th degree misdemeanor.  Does not apply to slaughtering livestock or hunting.

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