Full Statute Name:  Baldwin's Ohio Revised Code Annotated. Title XVII. Corporations--Partnerships. Chapter 1717. Humane Societies. County Humane Societies

Share |
Primary Citation:  R.C. § 1717.01 - 1717.18 Country of Origin:  United States Last Checked:  January, 2022 Alternate Citation:  OH ST § 1717.01 - 1717.18 Historical: 
Summary: This chapter relates to the formation and powers of humane societies in Ohio. Under the chapter, a county humane society organized under section 1717.05 of the Revised Code may appoint agents, who are residents of the county or municipal corporation for which the appointment is made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals. Such agents may arrest any person found violating this chapter or any other law for protecting persons or animals or preventing acts of cruelty.

1717.01 Definitions

1717.02 Objects and powers of humane societies

1717.03 Ohio humane society - repealed

1717.04 Agents of Ohio humane society - repealed

1717.05 County humane societies

1717.06 Agents of county humane society

1717.061 Prerequisites for appointment as humane society agent

1717.062 Complaint regarding failure to complete humane society agent training

1717.07 Salary of agents

1717.08 Police powers of officers, agents, and members

1717.09 Member may require police to act

1717.10 Fees

1717.11 Liability to owner in damages

1717.12 Conviction of agent no bar to action against employer

1717.13 Any person may protect animal

1717.14 Protection of children - repealed

1717.15 Appropriations from general fund of county to humane society

1717.16 Enforcement activity reports; confidentiality of enforcement activity records

1717.17 Revocation of humane society agent appointment

1717.18 Nonprosecution agreements

 

 

 

1717.01 Definitions

As used in sections 1717.01 to 1717.18 of the Revised Code, and in every law relating to animals:

(A) “Animal” includes every living dumb creature;

(B) “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;

(C) “Owner” and “person” include corporations. For the purpose of this section the knowledge and acts of the agents and employees of a corporation, in regard to animals transported, owned, or employed by, or in the custody of, such agents and employees, are the knowledge and acts of the corporation.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10074)

 

1717.02 Objects and powers of humane societies

The objects of all societies organized under section 1717.05 of the Revised Code shall be the inculcation of humane principles and the enforcement of laws for the prevention of cruelty to animals. To promote those objects such societies may acquire property, real or personal, by purchase or gift. All property acquired by such a society, by gift, devise, or bequest, for special purposes, shall be vested in its board of trustees, which shall consist of three members elected by the society. The board shall manage such property and apply it in accordance with the terms of the gift, devise, or bequest, and may sell it and reinvest the proceeds.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10063)

 

1717.03 Ohio humane society - repealed

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10062, 10064, 10066)

Former text:

The state society for the prevention of cruelty to animals shall remain a body corporate, under the name of “the Ohio humane society,” with the powers, privileges, immunities, and duties possessed before March 21, 1887, by the state society for the prevention of cruelty to animals, specified by sections 1717.01 to 1717.14, inclusive, of the Revised Code, as to county humane societies.

Branches of the Ohio humane society consisting of not less than ten members each may be organized in any part of the state to prosecute the work of the societies in their several localities, under rules and regulations prescribed by the Ohio humane society. Humane societies organized in any county under section 1717.05 of the Revised Code may become branches of the Ohio humane society by resolution adopted at a meeting called for that purpose, a copy of which resolution shall be forwarded to the secretary of state.

The Ohio humane society may elect such officers, and make such rules, regulations, and bylaws, as are deemed expedient by its members for their own government and the proper management of its affairs.

CREDIT(S)

(1953 H 1, eff. 10-1-53; GC 10062, 10064, 10066)

 

1717.04 Agents of Ohio humane society - repealed

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10065; Source--GC 10064)

Former text:

The Ohio humane society may appoint agents, in any county where no active county humane society exists under section 1717.05 of the Revised Code, to represent it and to receive and account for all funds coming to it from fines or otherwise, and may also appoint agents at large to prosecute its work throughout the state. Such agents may arrest any person found violating any law for the protection of persons or animals, or the prevention of cruelty thereto. Upon making such arrest the agent forthwith shall convey the person arrested before some court or magistrate having jurisdiction of the offense, and there make complaint against him.

Such agents shall not make such arrests within a municipal corporation unless their appointment has been approved by the mayor of the municipal corporation, or within a county beyond the limits of a municipal corporation unless their appointment has been approved by the probate judge of the county. Such mayor or probate judge shall keep a record of such appointments.

CREDIT(S)

(1953 H 1, eff. 10-1-53; GC 10065; Source--GC 10064)

 

1717.05 County humane societies

(A) A county humane society for the prevention of acts of cruelty to animals may be organized in any county by the association of not less than seven persons.

(B) The members of a county humane society, at a meeting called for the purpose, shall elect not less than three of their members as its board of directors, and such directors continue in office until their successors are duly chosen.

(C) The secretary or clerk of the meeting shall make a true record of the proceedings thereat and certify and forward the record to the secretary of state, who shall record it. The record must contain the name by which the association is to be known. On and after its filing with the secretary of state, the board of directors and the associates and their successors, have the powers, privileges, and immunities incident to incorporated companies. A copy of the record, certified by the secretary of state, must be taken in all courts and places in this state as evidence that the county humane society is a duly organized and incorporated body.

(D) A county humane society may elect officers, and make rules, regulations, and bylaws, as are deemed expedient by its members for its own government and the proper management of its affairs.

(E) A humane society that organized as a branch of the Ohio humane society prior to the effective date of this amendment shall continue to have the same powers and duties that were authorized on March 1, 2019. Such a humane society is considered to be a county humane society organized under this section for purposes of this chapter and any other laws regarding county humane societies.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10067 to 10069)


1717.06 Agents of county humane society

(A) A county humane society organized under section 1717.05 of the Revised Code may appoint humane society agents for the purpose of prosecuting any person guilty of an act of cruelty to animals. Such agents may arrest any person found violating this chapter or any other law for protecting animals or preventing acts of cruelty thereto. Upon making an arrest, the humane society agent shall convey the person arrested before a court or magistrate having jurisdiction of the offense, and there make complaint against the person on oath or affirmation of the offense.

(B) A humane society agent that was appointed prior to the effective date of this amendment by a branch of the Ohio humane society is considered to be a humane society agent appointed under this section for purposes of this chapter and any other laws regarding humane society agents.

(C)(1) The appointment of an agent under this section is subject to the requirements of section 1717.061 of the Revised Code, and is not final until the appointment has been approved under division (C)(2) of this section.

(2) The appointment of an agent under this section does not take effect unless it has been approved by the mayor of the municipal corporation for which it is made. If the society operates outside a municipal corporation, the appointment does not take effect until it has been approved by the probate judge of the county for which it is made. The mayor or probate judge shall keep a record of the appointments and shall maintain as a public record a copy of the proof of successful completion of training for each humane society agent acting within the approving authority's jurisdiction.

(D) The approving authority shall notify the appropriate county sheriff and the board of county commissioners when the appointment of a humane society agent has been approved and, not later than two business days after the appointment has been approved, shall file a copy of the proof of successful completion of training with the sheriff. The county sheriff shall maintain as a public record a copy of the proof for each humane society agent that is operating in the county.

(E) A humane society shall notify the county sheriff and the approving authority when all approved humane society agents have ceased to perform the duties of the appointment and there are no humane society agents operating in the county.

(F) A humane society agent only has the specific authority granted to the agent under the Revised Code.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 2016 S 331, eff. 3-21-17; 2002 S 221, eff. 4-9-03; 1953 H 1, eff. 10-1-53; GC 10070, 10071)

 

1717.061 Prerequisites for appointment as humane society agent

In order to qualify for appointment as a humane society agent under section 1717.06 of the Revised Code, an individual shall do both of the following:

(A) Successfully complete a minimum of twenty hours of training on issues relating to the investigation and prosecution of cruelty to and neglect of animals. The training shall comply with rules recommended by the peace officer training commission under section 109.73 of the Revised Code and shall include, without limitation, instruction regarding animal husbandry practices as described in division (A)(12) of that section.

(B) Present proof of successful completion of training, that has been signed by the chief executive officer of the organization or entity that provided the training, or the officer's designee, to the current active approving authority for approval.

CREDIT(S)
(2020 H 24, eff. 3-31-21)

 

1717.062 Complaint regarding failure to complete humane society agent training

(A) An individual who has reasonable cause to believe that a humane society agent has not successfully completed the training that is required under section 1717.061 of the Revised Code or who has reasonable cause to believe that an agent's proof of successful completion of training contains false or misleading information may file a complaint, in the form of a affidavit sworn to by the individual, with the current acting authority that is responsible for considering approval of agent appointments within the jurisdiction. The authority shall notify the agent's humane society, and shall investigate the complaint.

(B) If the authority finds that the agent has not provided signed proof of successful completion of training as required under section 1717.061 of the Revised Code, the authority shall provide written notification to the agent's humane society to inform the society that the agent has a right to cure period of thirty days from the date of the notification. If the agent has not provided signed proof by the end of the right to cure period, the authority shall rescind the approval of the appointment and order the applicable humane society to revoke the appointment.

(C) If the authority finds that the agent knowingly provided proof of successful completion of training that contains false or misleading information, the authority shall rescind the approval of the appointment and order the applicable humane society to revoke the appointment.

(D) The applicable humane society shall file written notice with the county sheriff of the revocation under this section of a humane society agent's appointment.

CREDIT(S)
(2020 H 24, eff. 3-31-21)

 

1717.07 Salary of agents

Upon the approval by the mayor of a municipal corporation of the appointment of an agent under section 1717.06 of the Revised Code, the legislative authority of such municipal corporation shall pay monthly to such agent, from the general revenue fund of the municipal corporation, the salary that the legislative authority considers just and reasonable. Upon the approval by the probate judge of a county of such an appointment, the board of county commissioners of the county shall pay monthly to the agent, from the general fund of the county, or from the dog and kennel fund of the county, the salary that the board considers just and reasonable. Such board and such legislative authority may agree upon the amount each is to pay the agent monthly. The salary to be paid monthly to the agent by the legislative authority of a village shall be not less than twenty-five dollars; by the legislative authority of a city, not less than one hundred twenty-five dollars; and by the board of county commissioners of a county, not less than one hundred fifty dollars. Beginning January 1, 2020, and on the first day of January every five years thereafter, these minimum salary amounts shall increase by five dollars. Not more than one such agent in each county shall receive remuneration from the board under this section.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10072)

 

1717.08 Police powers of officers, agents, and members

An officer, agent, or member of a county humane society may interfere to prevent the perpetration of any act of cruelty to animals in the officer's, agent's, or member's presence, may use such force as is necessary to prevent it, and to that end may summon to the officer's, agent's, or member's aid any bystanders.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10073)

 

1717.09 Member may require police to act

A member of a county humane society may require the sheriff of any county, the constable of any township, the marshal or a police officer of any municipal corporation, or any agent of such a society, to arrest any person found violating the laws in relation to cruelty to animals, and to take possession of any animal cruelly treated in their respective counties or municipal corporations, and deliver such animal to the proper officers of the society.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10075)

 

1717.10 Fees

For all services rendered in carrying out sections 1717.01 to 1717.18 of the Revised Code, a sheriff, constable, marshal, or police officer shall be paid such fees as the sheriff, constable, marshal, or police officer is allowed for like services in other cases. Such fees must be charged as costs, and reimbursed to the humane society by the person convicted.

CREDIT(S)
(2020 H 24, eff. 3-31-21; 1953 H 1, eff. 10-1-53; GC 10076)

 

1717.11 Liability to owner in damages

A person guilty of cruelty to an animal which is the property of another shall be liable to the owner of the animal in damages, in addition to the penalties prescribed by law.

CREDIT(S)

(1953 H 1, eff. 10-1-53; GC 10077)

 

1717.12 Conviction of agent no bar to action against employer

The conviction of an agent or employee of cruelty to animals does not bar an action for cruelty to animals against his employer for allowing a state of facts to exist which will induce cruelty to animals on the part of such agent or employee.

CREDIT(S)

(1953 H 1, eff. 10-1-53; GC 10078)

 

1717.13 Any person may protect animal

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.

CREDIT(S)

(1953 H 1, eff. 10-1-53; GC 10079, 10080)

 

1717.14 Protection of children - repealed

CREDIT(S)
(2020 H 24, eff. 3-31-21; 2006 S 238, eff. 9-21-06; 1973 S 1, eff. 1-1-74; 1953 H 1; GC 10081; Source--GC 3070-2)

Former text:

When an officer or agent of the Ohio humane society or of a county humane society deems it for the best interest of a child, because of cruelty inflicted upon the child or because of the child's surroundings, that the child be removed from the possession and control of the parents or persons having charge of the child, the officer or agent shall comply with section 2151.421 of the Revised Code.

As used in this section “child” means any person under eighteen years of age.

CREDIT(S)

(2006 S 238, eff. 9-21-06; 1973 S 1, eff. 1-1-74; 1953 H 1; GC 10081; Source--GC 3070-2)

 

1717.15 Appropriations from general fund of county to humane society

The board of county commissioners may, at the end of each year, make a yearly appropriation to the county humane society from the general fund of the county of such funds as the board deems reasonable. Such funds are to supplement any gifts, funds received from the dog and kennel fund, and any other funds received by the society and are to be used to carry out the activities of the society.

CREDIT(S)

(130 v H 637, eff. 10-14-63)

 

1717.16 Enforcement activity reports; confidentiality of enforcement activity records

(A) Annually, a county humane society shall submit enforcement activity reports to the county sheriff.

(B) Records of an enforcement activity by a humane society agent are public records under section 149.43 of the Revised Code, except that any such records that are confidential law enforcement investigatory records, as defined in division (A)(2) of section 149.43 of the Revised Code, are not public records.

CREDIT(S)
(2020 H 24, eff. 3-31-21)

 

1717.17 Revocation of humane society agent appointment

(A) A probate judge of a county in which a humane society agent operates may revoke the approval of an appointment for just cause, under the procedure established in division (B) of this section.

(B)(1) A movant may commence the procedure by filing with the probate court a motion to revoke the appointment, in the form of an affidavit sworn to by the movant, describing the conduct that constitutes just cause for the motion. The probate judge, upon a review of the facts, may dismiss the motion without a hearing, or shall direct the clerk of the probate court to serve the humane society agent and the humane society with a summons and a copy of the motion and any accompanying memorandum in accordance with the Rules of Civil Procedure. The summons must state the time and place at which the probate court will conduct a hearing on the motion.

(2) The humane society agent may waive the right to a hearing. If the humane society agent waives the right to a hearing, the probate judge shall revoke the humane society agent's approval of appointment as prayed for in the motion. If the humane society agent does not waive the right to a hearing, the probate judge shall conduct a hearing on the motion.

(3) The humane society agent is entitled to the assistance of counsel at the hearing. The Rules of Evidence govern conduct of the hearing. At the hearing, the movant has the burden of proving, by a preponderance of the evidence, that just cause exists for the revocation of the humane society agent's appointment.

(4) If, after the hearing, the probate judge finds that the movant has not sustained the burden of proof, the probate judge shall deny the motion. If, after the hearing, the probate judge finds that the movant has sustained the burden of proof, the probate judge shall grant the motion and revoke the humane society agent's approval of appointment.

CREDIT(S)
(2020 H 24, eff. 3-31-21)

 

1717.18 Nonprosecution agreements

(A) A humane society may not enter into a written agreement with a person, wherein the humane society agrees not to prosecute the person for an alleged violation of law, unless the proposed agreement has been reviewed and approved by the judge that has presided over the hearing that is required to determine if the officer had probable cause to seize the animal, and which is related to the case that is the subject of the agreement. As part of the review, if bond has previously been set, the judge shall reconsider whether or not the amount of the bond determined by the court to be needed for the animal's care is necessary and reasonable. A judge shall not approve a nonprosecution agreement that requires a person to provide financial compensation that is in excess of what is necessary and reasonable for the animal's care for the duration of the impoundment.

(B) A nonprosecution agreement between a humane society and a person, as described in division (A) of this section, is void and unenforceable unless it has been approved under division (A) of this section.

CREDIT(S)
(2020 H 24, eff. 3-31-21)

 

Share |