reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.08 | Reporting of Violation Involving a Companion Animal by Officers, Dog Wardens.

Effective:
April 12, 2021
Latest Legislation:
House Bill 33 - 133rd General Assembly
No officer, dog warden, or deputy dog warden operating in an official or professional capacity, shall fail to immediately report a violation involving a companion animal to an appropriate social service professional when all of the following apply:
(A) The officer, dog warden, or deputy dog warden has knowledge or reasonable cause to suspect that a violation involving a companion animal has occurred or is occurring;
(B) The officer, dog warden, or deputy dog warden has knowledge or reasonable cause to suspect that a child or older adult resides with the alleged violator;
(C) The officer, dog warden, or deputy dog warden suspects that the violation involving a companion animal may have an impact on the child or older adult residing with the alleged violator.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.09 | Manner of Reporting Violation; Immunity; False Reports.

Effective:
April 12, 2021
Latest Legislation:
House Bill 33 - 133rd General Assembly
(A)(1) Except as otherwise provided in division (A)(2) of this section, a person required to make a report under section 959.07 or 959.08 of the Revised Code may do so orally or in writing and shall include all of the following in the report:
(a) If known, the name and description of the companion animal involved;
(b) The address and telephone number of the owner or other person responsible for care of the companion animal, if known;
(c) The nature and extent of the suspected abuse;
(d) Any other information that the person making the report believes may be useful in establishing the existence of the suspected violation involving a companion animal or the identity of the person causing the violation involving a companion animal.
(2) An officer, dog warden, or deputy dog warden required to make a report under section 959.08 of the Revised Code may exclude any information from the report that is confidential or that the officer, dog warden, or deputy dog warden reasonably believes could jeopardize a pending criminal investigation.
(B) A person required to make a report under section 959.07 or 959.08 of the Revised Code is immune from civil or criminal liability in connection with making that report if the person acted in good faith when making the report.
(C) No person required to make a report under section 959.07 or 959.08 of the Revised Code shall knowingly make a false report.
(D)(1) A court shall award reasonable attorney's fees and costs to the prevailing party in any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under section 959.07 or 959.08 of the Revised Code was not in good faith.
(2) A court may award reasonable attorney's fees and costs to the party against whom a civil action or proceeding is brought in which it is alleged that participation in the making of a report under section 959.07 or 959.08 of the Revised Code was not in good faith if the action or proceeding is voluntarily dismissed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.10 | Warning, Explanation for Failure to Make Report.

Effective:
April 12, 2021
Latest Legislation:
House Bill 33 - 133rd General Assembly
The entity with responsibility for employment oversight of an officer, dog warden, or deputy dog warden shall issue that individual a confidential written warning if the entity discovers that the individual has violated section 959.08 of the Revised Code. The entity shall include in the warning an explanation of the violation and the reporting requirement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.12 | Alteration of Brands.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall maliciously alter or deface an artificial earmark or brand upon a horse, mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, ass, ox, swine, that is the property of another.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.13 | Cruelty to Animals.

Effective:
January 17, 1977
Latest Legislation:
House Bill 858 - 111th General Assembly
(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 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 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.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.133 | Immunity From Liability for Damage Resulting From Forcible Entry of a Motor Vehicle for Purpose of Removing an Animal.

Effective:
August 31, 2016
Latest Legislation:
Senate Bill 215 - 131st General Assembly
(A) Except as provided in division (C) of this section, a person shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing an animal from the vehicle if the person does all of the following:
(1) Determines the vehicle is locked or there is otherwise no reasonable method for the animal to exit the vehicle.
(2) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
(3) Has made a good faith effort to contact the local law enforcement agency, the fire department, or a 9-1-1 operator prior to forcibly entering the vehicle. If contact is not possible prior to forcibly entering the vehicle, the person shall make contact as soon as possible after forcibly entering the vehicle.
(4) Makes a good faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the animal, and the fact that the authorities have been notified.
(5) Remains with the animal in a safe location until law enforcement or emergency responders arrive.
(6) Used not more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances.
(B) Nothing in this section shall affect the person's civil liability if the person attempts to render aid to the animal in addition to what is authorized by this section.
(C) A person shall not be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing an animal from the vehicle if the person's actions constitute recklessness or willful or wanton misconduct with regard to the forcible entry of the motor vehicle.
(D) As used in this section, "harm" means injury or death.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.134 | Chemical Capture by Certified Officer Not an Act of Cruelty.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) As used in this section:
(1) "Chemical capture" and "certified officer" have the same meanings as in section 955.151 of the Revised Code.
(2) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(B) Chemical capture of a companion animal by a certified officer in accordance with the laws of this state is not an act of cruelty.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.14 | Horse Tails.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
No owner or person having the custody, control, or possession of a horse, 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 of the horse in order to shorten its natural length or proportions.
No person shall pull out the hairs of the foretop, mane, or withers of a horse except minimum quantities required for medical testing.
This section does not prohibit the cutting or amputation of the dock or tail of a horse when necessary because of accident, malformation, or disease or as a proactive measure to prevent injury if performed by a veterinarian that is licensed under Chapter 4741. of the Revised Code or in another state.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.15 | Animal Fights.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) No person shall knowingly do either of the following:
(1) Engage in cockfighting, bearbaiting, or pitting an animal against another;
(2) Use, train, or possess any animal for seizing, detaining, or maltreating a domestic animal.
(B) No person shall knowingly do either of the following:
(1) Be employed at cockfighting, bearbaiting, or pitting an animal against another;
(2) Do any of the following regarding an event involving cockfighting, bearbaiting, or pitting an animal against another:
(a) Wager money or anything else of value on the results of the event;
(b) Pay money or give anything else of value in exchange for admission to or being present at the event;
(c) Receive money or anything else of value in exchange for the admission of another person to the event or for another person to be present at the event;
(d) Use, possess, or permit or cause to be present at the event any device or substance intended to enhance an animal's ability to fight or to inflict injury on another animal;
(e) Permit or cause a minor to be present at the event if any person present at or involved with the event is conducting any of the activities described in division (B)(1) or (B)(2)(a), (b), (c), or (d) of this section.
(C) A person who knowingly witnesses cockfighting, bearbaiting, or an event in which one animal is pitted against another when a violation of division (B) of this section is occurring at the cockfighting, bearbaiting, or event is an aider and abettor and has committed a violation of this division.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.16 | Dogfighting Offenses.

Effective:
September 30, 2008
Latest Legislation:
House Bill 71 - 127th General Assembly
(A) No person shall knowingly do any of the following:
(1) Promote, engage in, or be employed at dogfighting;
(2) Receive money or anything else of value for the admission of another person to a dogfighting event or a place kept for dogfighting;
(3) Sell, purchase, possess, or train a dog for dogfighting;
(4) Use, train, or possess a dog for seizing, detaining, or maltreating a domestic animal;
(5) Pay money or give anything else of value in exchange for admission to or be present at a dogfight;
(6) Witness a dogfight if it is presented as a public spectacle.
(B) The department of agriculture may investigate complaints and follow up rumors of dogfighting activities and may report any information so gathered to an appropriate prosecutor or law enforcement agency.
(C) Any peace officer, as defined in section 2935.01 of the Revised Code, may seize and cause to be impounded in accordance with section 959.161 of the Revised Code any dogs that have been, are, or are intended to be used in dogfighting. In addition, any peace officer shall confiscate any equipment or devices used in training such dogs or as part of dogfights.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.161 | Impounding and Disposition of Fighting Dog.

Effective:
September 30, 2008
Latest Legislation:
House Bill 71 - 127th General Assembly
(A) As used in this section:
(1) "Fighting dog" means a dog that a peace officer has probable cause to believe has been, is, or is intended to be used in dogfighting in violation of section 959.16 of the Revised Code.
(2) "Impounding entity" means the entity that has possession of an impounded fighting dog during its impoundment.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Violation" means a violation of section 959.16 of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate section 959.16 of the Revised Code.
(B) A peace officer may seize and cause to be impounded with an impounding entity a fighting dog that the peace officer has probable cause to believe is involved in a violation.
(C) A fighting dog that is seized under this section may be humanely destroyed under either of the following circumstances:
(1) During its seizure if it is necessary because the fighting dog is suffering;
(2) At any time during its impoundment if a licensed veterinarian determines it to be necessary because the fighting dog is suffering.
(D) Procedures, requirements, and other provisions that are established in divisions (C), (E), (F), and (G) of section 959.132 of the Revised Code shall apply to the seizure, impoundment, and disposition of a fighting dog. For purposes of that application, references in those divisions of section 959.132 of the Revised Code to "companion animal," "impounding agency," "officer," and "offense" shall be deemed to be replaced, respectively, with references to "fighting dog," "impounding entity," "peace officer," and "violation" as defined in this section. Likewise, references in those divisions of section 959.132 of the Revised Code to "section 959.131 of the Revised Code" shall be deemed to be replaced with references to section 959.16 of the Revised Code, as applicable.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.18 | Prohibition Against Killing a Carrier Pigeon.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person who is not the owner thereof, shall shoot, kill, or maim an Antwerp or homing pigeon, commonly known as "carrier" pigeon, nor shall such person entrap, catch, or detain a carrier pigeon, provided it has the name of the owner stamped upon its wing or tail, or has a band with the owner's name, initial, or number on its leg.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.19 | Prohibition Against Servicing Mare in Public Street.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No owner of a stallion or jack or the agent of such owner, shall permit it to serve a mare within thirty feet of a public street or alley in a municipal corporation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.20 | Use of Certain Devices on Work Animals Prohibited.

Effective:
July 24, 1986
Latest Legislation:
House Bill 797 - 116th General Assembly
As used in this section:
(A) "Work animal" includes a horse, pony, mule, donkey, mare, ox, bull, gelding, or other animal used or intended to be used for a work purpose.
(B) "Work purpose" means the performance by a work animal of some work or labor, including showing, performing, or being used in any exhibition, show, circus, rodeo, or similar use.
(C) "Owner" includes any person, firm, association, or corporation owning or having a proprietary interest in or possession, custody, or charge of a work animal.
No person shall directly or indirectly or by aiding, abetting, or permitting the doing thereof put, place, fasten, use, or fix upon or to any work animal used or readied for use for a work purpose, twisted wire snaffles, unpadded bucking straps, unpadded flank straps, electric or other prods, or similar devices.
The commission or performance of any act prohibited by this section is the act of the owner of the work animal upon or to which such act was done.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 959 | Offenses Relating to Domestic Animals › Section 959.21 | Sexual Conduct With an Animal.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) As used in this section:
(1) "Animal" means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
(2) "Offense" means a violation of this section or an attempt, in violation of section 2923.02 of the Revised Code, to violate this section.
(3) "Officer" has the same meaning as in section 959.132 of the Revised Code.
(4) "Sexual conduct" means either of the following committed for the purpose of sexual gratification:
(a) Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other;
(b) Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person's body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal.
(B) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct.
(C) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.01 | Pet Cemetery Definitions.

Effective:
August 29, 1986
Latest Legislation:
House Bill 699 - 116th General Assembly
As used in sections 961.01 to 961.05 of the Revised Code:
(A) "Burial right" means the right of interment.
(B) "Interment" means the disposition of pet remains by earth burial, entombment in a mausoleum, or inurnment in a columbarium.
(C) "Person" has the same meaning as in section 1.59 of the Revised Code.
(D) "Pet" means an animal that has been adapted or tamed to live in intimate association with or for the pleasure or advantage of people and includes but is not limited to dogs, cats, birds, rabbits, and hamsters.
(E) "Pet cemetery" means land, together with any structures, facilities, or buildings appurtenant thereto, provided to members of the general public for use or reservation for use for the individual interment, above or below ground, of pet remains.
"Pet cemetery" does not include land used exclusively for landfilling or the communal burial of pets, but does include a pet cemetery where a portion of the land is used for the communal burial of pets.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.02 | Filing Declaration Restricting Land for Use as Pet Cemetery.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The owner of any land used or to be used as a pet cemetery shall file, or cause to be filed, in the office of the county recorder of the county in which the land is located, a declaration restricting the land to being used only for such purposes as are usual and normal for the operation of a pet cemetery. The owner shall execute the declaration in the same manner and with the same effect as a conveyance of an interest in land. The county recorder shall record the declaration in the official records. The restriction established in such a recorded declaration may be removed only as provided in section 961.05 of the Revised Code. Unless a restriction is so removed, no person shall use land restricted as provided in this section for any purpose other than for pet cemetery purposes.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.03 | Size Requirement of Pet Cemetery.

Effective:
August 29, 1986
Latest Legislation:
House Bill 699 - 116th General Assembly
No person shall operate a pet cemetery in this state that is less than three acres in size, unless such cemetery was organized or developed and was operating on the effective date of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.04 | Establishing Endowment Care Fund.

Effective:
August 29, 1986
Latest Legislation:
House Bill 699 - 116th General Assembly
(A) Any person desiring to operate any pet cemetery which is organized or developed on or after the effective date of this section shall, before selling or offering to sell any burial right in such pet cemetery, establish an endowment care fund, as required by division (B) of this section, and place a deposit in the fund of at least twelve thousand dollars in cash, or in bonds of the United States, this state, or any county or municipal corporation of this state.
Whenever any such person has placed another twelve thousand dollars in the endowment care fund from the maintenance fee portion of the proceeds received from the sale of burial rights, in addition to the deposit required in this division, such person may withdraw the deposit of twelve thousand dollars from the fund.
(B) No person shall operate or continue to operate any pet cemetery in this state without establishing and maintaining an endowment care fund segregated from other assets in accordance with this section.
(C) Any person operating any pet cemetery after the effective date of this section shall place into the endowment care fund required by division (B) of this section a maintenance fee of not less than fifty dollars, which shall be charged as part of the purchase price for the sale of any burial right. This fee shall be placed in the endowment care fund no later than thirty days following the month in which the entire gross sales proceeds from the sale of the burial right are received.
(D) The moneys of an endowment care fund shall be held and invested in the manner in which trust funds are permitted to be held and invested pursuant to sections 2109.37 and 2109.371 of the Revised Code.
The income from the endowment care fund shall be used only for the maintenance, supervision, improvement, and preservation of the grounds, lots, markers, memorials, buildings, equipment, statuary, and other real and personal property of the pet cemetery and for the payment of real property taxes. Annual reports of all the assets and investments of the endowment care fund shall be prepared and maintained, and shall be available for inspection at reasonable times to any owner of a burial right in the pet cemetery.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.05 | Removal of Land Restriction.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
(A) After a declaration has been filed pursuant to section 961.02 of the Revised Code, the land described in the declaration shall be used for pet cemetery purposes only unless the restriction for such use is removed by order of the court of common pleas in the county where the land is located in a proceeding brought by the pet cemetery owner or the owner's heirs or assigns.
(B) The court of common pleas may remove the restriction on the land upon proof satisfactory to the court that either of the following has occurred:
(1) No interments have been made in, or all pet remains have been removed from, the land from which the restriction is sought to be removed;
(2) The owner of the pet cemetery or the owner's heirs or assigns have received, from those persons who own burial rights in the pet cemetery or their heirs or assigns, written authorization, acknowledged before a notary public, to remove the restriction from the land. Any person granting this authorization who wishes to have a pet that is already interred in the pet cemetery removed and reinterred elsewhere shall so state on the authorization and the pet cemetery owner shall, at the owner's expense, remove the pet remains and have them reinterred elsewhere and shall provide proof of this removal and reinterment. A pet cemetery owner need not obtain the authorization described in division (B)(2) of this section from a person who has purchased a burial right in the pet cemetery but who has not yet used that right for the interment of a pet, if the owner refunds to the purchaser or the purchaser's heirs or assigns all moneys taken for the burial right, plus interest computed in the manner and at the rate agreed upon between the cemetery owner and the owner of the burial right.
(C) The court of common pleas may remove the restriction on a portion of the land described in the declaration, if the portion of the land that remains subject to the restriction is not less than three acres in size, upon proof satisfactory to the court that the situations described in either division (B)(1) or (2) of this section have occurred with respect to that portion of the land from which the restriction is sought to be removed.
(D) A holder of a lien on the restricted land may object to the removal of the restriction and the court of common pleas shall consider any such objection before issuing an order to remove the restriction.
(E) An order issued by the court of common pleas removing a restriction pursuant to this section shall be filed in the office of the county recorder of the county in which the land is located, who shall record it in the official records.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 961 | Pet Cemeteries › Section 961.99 | Penalty.

Effective:
August 29, 1986
Latest Legislation:
House Bill 699 - 116th General Assembly
Whoever violates section 961.02 or 961.03 or division (B) of section 961.04 of the Revised Code shall be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.01 | Owner Defined.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
As used in this chapter:
(A) "Applicable county recorder" means the county recorder of a county in which a partition fence is, was, or is not required to be constructed and maintained in good repair.
(B) "Build a fence," "construct a fence," and "maintain a fence in good repair" include any necessary clearing of land.
(C) "Livestock" means horses, mules, asses, hogs, sheep, goats, cattle, and any other animal that is raised or maintained domestically for food, fiber, or hunting purposes.
(D) "Owner" means both of the following:
(1) The owner of land in fee simple, of estates for life, of easements, or of rights-of-way while used by the owners thereof as farm outlets;
(2) Any of the following with regard to any land that it owns, leases, manages, or otherwise controls and that is adjacent to land used to graze livestock:
(a) The department of natural resources;
(b) A conservancy district organized under Chapter 6101. of the Revised Code;
(c) A political subdivision with a real property interest in recreational trails.
(E) "Partition fence" means a fence that is located on the division line between the adjoining properties of two owners. "Partition fence" includes a fence that has been considered a division line between two such properties even though a subsequent land survey indicates that the fence is not located directly on the division line.
(F) "Preferred partition fence" means a partition fence that is a woven wire fence, either standard or high tensile, with one or two strands of barbed wire located not less than forty-eight inches from the ground or a nonelectric high tensile fence of at least seven strands and that is constructed in accordance with the United States natural resources conservation service conservation practice standard for fences, code 382. "Preferred partition fence" includes a barbed wire, electric, or live fence, provided that the owners of adjoining properties agree, in writing, to allow such fences.
(G) "Recreational trail" has the same meaning as in section 1519.07 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.02 | Preferred Partition Fence for Livestock Enclosures.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) Except as otherwise provided in this section, all fields and enclosures in which livestock are kept or placed and that are bordered by a division line between the adjoining properties of different owners shall be enclosed by a preferred partition fence.
(B) Nothing in this chapter prevents an owner from building a fence that exceeds the requirements for a preferred partition fence established under this chapter. The owner building such a fence shall pay all additional costs and expenses of building the fence and maintaining it in good repair.
(C) This section does not apply to either of the following:
(1) The owners of adjoining properties that enter into an agreement in accordance with section 971.04 of the Revised Code;
(2) Fences that were constructed prior to the effective date of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.03 | Application of Chapter.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
This chapter does not apply to any of the following:
(A) The enclosure of lots in municipal corporations;
(B) The enclosure of adjoining properties that are laid out into lots outside of municipal corporations;
(C) Fences that are required to be constructed by persons or corporations owning, controlling, or managing a railroad pursuant to Chapter 4959. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.04 | Alternative Fence Agreement Between Owners.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
Nothing in this chapter prevents the owners of adjoining properties from entering into a written agreement that states that no fence is needed between the properties, a fence other than a preferred partition fence may be built and maintained pursuant to division (C)(1) of section 971.02 of the Revised Code, or the rights and obligations of the owners are different from what is established in this chapter. The agreement shall be filed with the applicable county recorder and placed in the partition fence record established under section 971.15 of the Revised Code. In addition, the agreement runs with the properties that are subject to the agreement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.05 | Affidavit Concerning Previous Partition Fence.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) If there is evidence that a partition fence previously existed between the adjoining properties of two owners, one of the owners, or both, may file an affidavit with the applicable county recorder to be placed in the partition fence record established under section 971.15 of the Revised Code stating that a partition fence existed between the adjoining properties within two years prior to the filing of the affidavit. The affidavit also shall specify the location of the properties and that the fence has been removed and not replaced. The affidavit shall be filed no later than one year after the effective date of this section.
(B) If an affidavit is filed under this section, section 971.06 of the Revised Code applies.
(C) If an affidavit is not filed under this section, section 971.07 of the Revised Code applies.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.06 | Responsibility for Maintaining Existing Fence - Removal.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) If a partition fence exists between adjoining properties, the owners of the adjoining properties shall maintain the fence in good repair in equitable shares. If the owners decide to build a new fence, they shall do so in equitable shares in accordance with this chapter unless the owners enter into an agreement in accordance with section 971.04 of the Revised Code.
(B) The owners of adjoining properties shall build and maintain in good repair a partition fence in equitable shares in accordance with this chapter if there is evidence that a partition fence previously existed between the adjoining properties or if either of the owners of the adjoining properties, or the previous owners of the adjoining properties, has or had filed an affidavit with the applicable county recorder under section 971.05 of the Revised Code. However, the owners of the adjoining properties are not required to build and maintain in good repair a partition fence in equitable shares if the owners enter or the previous owners entered, as applicable, into an agreement in accordance with section 971.04 of the Revised Code.
(C)(1) If a partition fence is removed by an owner and not replaced within one year after removal, the owner who removed the partition fence shall file an affidavit with the applicable county recorder to be placed in the partition fence record established under section 971.15 of the Revised Code stating that a partition fence existed between the adjoining properties within one year prior to the filing of the affidavit. The affidavit also shall specify the location of the properties and state that the fence has been removed and not replaced.
(2) If an affidavit is filed and a partition fence is rebuilt, the owners of the adjoining properties shall build and maintain in good repair the new fence in equitable shares in accordance with this chapter unless the owners enter into an agreement in accordance with section 971.04 of the Revised Code.
(3) If an affidavit is not filed and a partition fence is rebuilt, the owner constructing the fence shall bear the total costs of building and maintaining it in good repair.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.071 | Allocation of Fence Costs Between Property Owners.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
Notwithstanding any other provision in this chapter, an owner of land as defined in division (D)(2) of section 971.01 of the Revised Code is responsible for fifty per cent of the total cost of building and maintaining in good repair a partition fence between that owner and the owner of adjoining property unless a written agreement has been entered into under section 971.04 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.08 | Entry Onto Adjoining Property to Maintain Fence.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) If an owner chooses to build a partition fence and the owner of adjoining property does not share in the construction of the fence, the owner building the fence, or a contractor hired by the owner, may enter on the adjoining property for no more than ten feet for the length of the fence to build and maintain in good repair the fence. The owner or contractor building the fence is not guilty of a violation of section 2911.21 of the Revised Code or an ordinance of a municipal corporation that is substantially equivalent, provided that the owner or contractor does not enter onto the property beyond the ten feet specified in this division. However, that owner or contractor is liable for all damages caused by the entry onto the adjoining property, including damages to crops.
(B) No person shall obstruct or interfere with anyone who is lawfully engaged in the construction or maintenance of a partition fence.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.10 | Costs for Making Assignment.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
The cost due the township fiscal officer and the board of township trustees for making the assignment set forth in section 971.09 of the Revised Code shall be taxed equally against each of the persons and, if not paid to the fiscal officer within thirty days from the date of the assignment, shall be certified by the fiscal officer to the county auditor, with a correct description of the lands and the amount charged against each portion.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.11 | Collection of Tax.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
The county auditor shall place the amount authorized in section 971.10 of the Revised Code upon the duplicate to be collected as other taxes, and the county treasurer shall pay it, when collected, to the township fiscal officer as other funds are paid.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.12 | Partition Fences - Failure to Comply With Assignment.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323, Senate Bill 268 - 127th General Assembly
(A) If either owner fails to build or maintain in good repair the portion of a partition fence assigned to the owner under section 971.09 of the Revised Code, the board of township trustees, upon the application of the aggrieved owner, shall award the contract to the lowest responsible bidder agreeing to furnish the labor and material, and build or maintain the fence according to the specifications proposed by the board, after advertising for bids once a week for two consecutive weeks in a newspaper of general circulation in the county in which the township is situated.
The board may also cause notice to be inserted in trade papers or other publications designated by it or to be distributed by electronic means, including posting the notice on the board's internet web site. If the board posts the notice on its web site, it may eliminate the second notice otherwise required to be published in a newspaper of general circulation in the county, provided that the first notice published in such newspaper meets all of the following requirements:
(1) It is published at least two weeks before the opening of bids.
(2) It includes a statement that the notice is posted on the board's internet web site.
(3) It includes the internet address of the board's internet web site.
(4) It includes instructions describing how the notice may be accessed on the board's internet web site.
(B) If no bids are received from responsible bidders as provided in this section, the trustees shall procure labor and materials at prevailing rates and cause the fence to be constructed or maintained.
(C) No person shall obstruct or interfere with anyone lawfully engaged in construction or maintenance of a partition fence or in the performance of any other act described in this section.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.13 | Costs for Building Fences.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
When the work provided for under section 971.12 of the Revised Code is completed to the satisfaction of the board of township trustees, it shall certify the costs to the township fiscal officer. If the costs are not paid within thirty days, the township fiscal officer shall certify them to the county auditor with a statement of the cost of the construction or maintenance and incidental costs incurred by the trustees and a correct description of each piece of land upon which the costs are assessed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.14 | Duties of County Auditor.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
The county auditor shall place the amounts certified, as provided in section 971.13 of the Revised Code, upon the tax duplicate, which amounts shall become a lien and be collected as other taxes. The board of township trustees shall certify the amount due each person for building or maintaining the fence and the amount due each trustee and the township fiscal officer for services rendered. In anticipation of the collection of the amounts, the auditor shall draw orders for the payment of the amounts out of the county treasury.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.15 | Partition Fence Records.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
All agreements between the owners of adjoining properties filed in accordance with this chapter, all affidavits filed by owners in accordance with this chapter, and all assignments of and findings and decisions regarding responsibility for building and maintaining in good repair partition fences made under this chapter shall be recorded in the official records of the county recorder. A document recorded in the official records shall be final between the parties thereto and successive owners thereafter until modified by a subsequent document. All documents recorded shall describe the land where a partition fence is located and the portion of the fence assigned to each applicable owner. In addition, the documents shall describe the purposes and use of the partition fence.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.16 | Action for Failure to Build or Maintain Partition Fence.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) An owner may file an action in a court of common pleas of the county in which the owner resides if the owner of adjoining property neglects to build or maintain in good repair a partition fence or the portion of a partition fence that the owner is required to build or maintain.
(B) In an action filed under this section, a court shall consider all of the following when making an assignment of responsibility for building or maintaining in good repair a partition fence:
(1) Whether a partition fence currently exists even if it is in disrepair;
(2) Whether there is evidence that a partition fence existed in the past;
(3) Whether a written agreement between the owners has been filed with the applicable county recorder in accordance with section 971.04 of the Revised Code;
(4) Whether an affidavit has been filed with the applicable county recorder in accordance with section 971.05, 971.06, or 971.07 of the Revised Code;
(5) All of the following:
(a) The topography of the applicable property;
(b) The presence of streams, creeks, rivers, or other bodies of water;
(c) The presence of trees, vines, or other vegetation;
(d) The level of risk of trespassers on either property due to the population density surrounding the property or the recreational use of adjoining properties;
(e) The importance of marking division lines between the properties;
(f) The number and type of livestock owned by either owner that may be contained by the partition fence.
The court shall make an assignment in equitable shares.
(C) The court shall assign attorney's fees and court costs in an equitable manner to the parties.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.17 | Notification of Removal.

Effective:
September 30, 2008
Latest Legislation:
House Bill 323 - 127th General Assembly
(A) Not fewer than twenty-eight days prior to removing a partition fence, an owner shall notify the owner of adjoining property in writing that the owner intends to remove the partition fence. The notice may be delivered personally or by certified mail, return receipt requested, to the last known address of the adjoining owner. If the notice delivered by certified mail is refused or unclaimed, the notice may be delivered by ordinary mail. If the notice delivered by ordinary mail is returned for failure of delivery, or if the address of the adjoining owner is unknown and cannot be ascertained with reasonable diligence, notice may be served by publication once a week for three consecutive weeks in a newspaper of general circulation in the county in which the partition fence is located.
(B) If an owner removes a partition fence without notifying the owner of adjoining property in accordance with division (A) of this section, the owner forfeits the owner's right to seek reimbursement under section 971.07 of the Revised Code for the construction and maintenance of a new partition fence.
(C) An action for trespass by the owner of adjoining property against the owner removing a partition fence may include a reasonable request for court costs, attorney's fees, and other litigation costs.
(D) No owner shall place any debris accumulated from the removal of a partition fence on adjoining property without entering into a written agreement with the owner of the adjoining property. An adjoining owner who has not entered into a written agreement under this division shall have a cause of action against the owner that placed debris from the removal of a partition fence on the adjoining owner's property for the cost of removing that debris. Any action against the owner may include any attorney's fees.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 971 | Fences › Section 971.18 | Negligently Permitting Livestock to Run at Large.

Effective:
September 23, 2011
Latest Legislation:
House Bill 22 - 129th General Assembly
An owner of livestock who negligently permits the livestock to run at large out of the livestock's enclosure is liable for all damages resulting from injury, death, or loss to person or property caused by the livestock on the premises of another.