Ohio § 935.20

§ 935.20.

(A) On and after January 1, 2014, the director of agriculture immediately shall cause

an investigation to be conducted if the director has reason to believe that one of

the following may be occurring: (1) A dangerous wild animal is possessed by a person who has not been issued a wildlife

shelter permit, wildlife propagation permit, or rescue facility permit under this

chapter. (2) A restricted snake is possessed by a person that has not been issued a restricted

snake possession permit or restricted snake propagation permit under this chapter. (3) A dangerous wild animal or restricted snake is being treated or kept in a manner

that is in violation of this chapter or rules. For purposes of the investigation, the director or the director's designee may order

the animal or snake that is the subject of the notification to be quarantined or may

order the transfer of the animal or snake to a facility that is on the list maintained

by the director under this section.  If the director's designee orders the animal or snake to be quarantined or transferred,

the designee shall provide a copy of the order to the director. (B) The director shall attempt to notify the person owning or possessing an animal or

snake that has been ordered to be quarantined or transferred under division (A) of

this section.  The notice shall be delivered in person or by certified mail.  The director also may post a copy of a quarantine order at two conspicuous locations

on the premises where the animal or snake is quarantined.  The director shall maintain a copy of an order issued under this section and evidence

that the director attempted to notify the person owning or possessing the animal or

snake. (C) A quarantine or transfer order issued under this section shall contain all of the

following: (1) The name and address of the person owning or possessing the animal or snake, if known; (2) A description of the quarantined or transferred animal or snake; (3) A description of the premises affected by the quarantine or transfer; (4) The reason for the quarantine or transfer; (5) Any terms and conditions of the quarantine or transfer; (6) A notice that a person adversely affected by the order may request a hearing to review

the order. (D) A person that is adversely affected by a quarantine or transfer order pertaining

to a dangerous wild animal or restricted snake owned or possessed by the person, within

thirty days after the order is issued, may request in writing an adjudication in accordance

with Chapter 119. of the Revised Code.  A request for an adjudication does not stay a quarantine or transfer order. (E) The owner of or person possessing a dangerous wild animal or restricted snake that

was quarantined or transferred under division (A) of this section shall be responsible

for all reasonable costs associated with the quarantine or transfer, including the

costs of transportation, housing, food, and veterinary care for the animal or snake.  If such an owner or person is unable to pay for the reasonable costs, the director

shall certify the costs to the county auditor to be assessed against any property

of the owner or person and thereby made a lien upon it and collected as other taxes.  All money from the collection of liens under this division shall be credited in

accordance with division (J) of this section. (F) If the state veterinarian determines that a dangerous wild animal or restricted snake

that was quarantined or transferred under division (A) of this section is infected

with or exposed to a dangerously contagious or infectious disease or is seriously

injured, the state veterinarian shall so notify the director.  The director may order the animal or snake to be humanely euthanized by a veterinarian

if the state veterinarian has indicated that euthanization is medically necessary. (G) A quarantine or transfer order issued under this section shall remain in effect until

one of the following occurs: (1) The director, after reviewing the results of the investigation conducted under division

(A) of this section, issues a written notice of release. (2) A court of competent jurisdiction orders the quarantine or transfer order to be terminated

in a proceeding conducted under division (H) of this section. (3) A court of competent jurisdiction orders the seizure of the dangerous wild animal

or restricted snake in a proceeding conducted under division (H) of this section. (H) If, after reviewing the results of an investigation concerning a dangerous wild animal

or restricted snake conducted under division (A) of this section and after resolution

of any proceeding conducted under division (D) of this section, the director determines

that a circumstance described in division (A)(1), (2), or (3) of this section is or

was occurring, the director shall initiate, in a court of competent jurisdiction,

a proceeding for the permanent seizure of the animal or snake, as applicable.  If the court affirms the director's determination that a circumstance described

in division (A)(1), (2), or (3) of this section is or was occurring, the court shall

order the animal or snake seized and shall order the method of disposition of the

animal or snake.  The court may order the person owning or possessing the animal or snake to pay all

reasonable costs associated with the seizure and, if applicable, the costs associated

with the quarantine or transfer of the animal or snake, including the costs of transportation,

housing, food, and veterinary care of the animal or snake.  If the court does not affirm the director's determination, the court shall order

the quarantine or transfer order to be terminated and the animal or snake to be returned

to the person owning or possessing it, if applicable. (I) The director may authorize any of the following to conduct an investigation and order

the quarantine or transfer of a dangerous wild animal or restricted snake under division

(A) of this section: (1) Employees of the department of agriculture; (2) Natural resources law enforcement officers with the consent of the director of natural

resources; (3) Employees of the department of health with the consent of the director of health; (4) Employees of a board of health with the consent of the board; (5) Humane society agents appointed under section 1717.06 of the Revised Code with the consent of the humane society; (6) Law enforcement officers with the consent of the sheriff of the county or the chief

law enforcement officer of the township or municipal corporation, as applicable, by

whom the law enforcement officers are employed; (7) Law enforcement officers who are state highway patrol troopers with the consent of

the superintendent of the state highway patrol. (J) Money collected for reimbursement of costs associated with the quarantine or transfer

of dangerous wild animals and restricted snakes under this section shall be credited

to one of the following funds, as applicable: (1) If the animal or snake was quarantined or transferred by an employee of the department

of agriculture or the department of health, a natural resources law enforcement officer,

or a law enforcement officer who is a state highway patrol trooper, the animal and

consumer protection fund created in section 943.26 of the Revised Code ; (2) If the animal or snake was quarantined or transferred by an employee of a board of

health, a special fund, which is hereby created in each health district, that shall

be used exclusively for the administration and enforcement of this chapter and rules; (3) If the animal or snake was quarantined or transferred by a humane society agent,

a special fund, which is hereby created in each county that has a humane society,

that shall be used exclusively for the administration and enforcement of this chapter

and rules; (4) If the animal or snake was quarantined or transferred by a law enforcement officer

who is not a state highway patrol trooper, the special fund that is created in the

political subdivision that employs the law enforcement officer in division (D) of section 935.16 of the Revised Code . (K) The director shall maintain a list of facilities inside and outside the state that

the director determines are eligible to accept dangerous wild animals and restricted

snakes for the purposes of this section.