Almost Every Ohio Kennel

Hearing Tomorrow - Act Now Or Lose It All

• A Kennel Authority would be created to write regulations, administer the law and control virtually everything done by dog owners. The Authority’s politically appointed Board of Directors would be heavily weighted toward animal rights activists. Only one person who raises dogs and one person representing pet stores would be on the Board. There is no legislative or judicial oversight over the decisions of this board.

• This committee would be given a free hand to design and implement all of the rules for kennel licensing, inspections and paperwork, as well as all construction, maintenance and management requirements..

• The board will require every kennel owner and “any other person” who sells even one dog to obtain a tax vendor number. You must pay sales tax for selling even one dog or puppy.

• Each applicant for any kind of kennel license will be subjected to a criminal background check by the state Attorney General.

• Every license applicant must post insurance or a bond to cover the state’s cost of enforcing the law at the kennel.

• The Board is given a completely blank check to write “any other requirements and procedures” to define and enforce the law. People with animal rights beliefs will have total control over the lives of dog owners.

• Anyone who buys, offers to sell, sells or gives away nine or more dogs a year is intensely regulated and licensed as a dealer, which is called a “dog intermediary” in the legislation. Anyone who sells even one dog or puppy to a pet store also is considered a dealer.

• Anyone who raises more than nine litters of puppies a year, or has 40 puppies a year, must be licensed as a “breeding kennel” and subject to extremely intense regulation. For some breeds, only four litters a year could produce 40 puppies. A “breeding dog” is defined as any dog that is not spayed or neutered, regardless of the dog’s actual purpose in a kennel.

• Anyone from out of state who sells a dog or puppy to an Ohio resident must document the entire history of the dog, and provide a veterinary health certificate. This will make it very difficult for Ohioans to obtain a dog from another state.

• Tail docking, ear cropping and dewclaw removal (or the removal of any other claw) can be done only by a veterinarian. Owners no longer could dock tails of newborn puppies, as has been standard practice for centuries. Owners also could be prosecuted if a dog accidentally rips off a claw, such as when hunting.

• Kennel owners would no longer be allowed to treat even minor ailments or injuries, possibly even including parasites, which are now defined as a disease. All treatments must be done by a veterinarian.

• No one can sell a dog at any public place, which would include field trials, dog shows and other canine gatherings. All sales must be at the kennel facility.

• The state is required to inspect “any facility…upon request of a member of the public” or a public or quasi-public official. That means that animal rights activists can demand and get state inspections of the home and property of anyone who has dogs, without making or proving any allegation of a violation, and without producing proof of any kind. This will lead to continual and frightening harassment of law-abiding dogs owners by animal rights groups, and the state must respond to all requests for inspections, even if they are obviously bogus.

• Inspectors are given absolute and incontestable power to enter and inspect “any public or private property” to see if a violation of the law has occurred. There is no requirement for a search warrant or probable cause (a warrant is an option method, but is not required). Anyone who refuses to allow an inspection, or hinders it, can be assessed for the entire cost to the state to investigate and prosecute, including wages and expenses for an unlimited number of state officials.

• Any dog may be impounded if the state has probable cause to believe any violation of the law has occurred, but probable cause is not required to presented before a court, as is guaranteed by the Bill of Rights. A hearing before the state agency is set within five days, and the dogs could be permanently forfeited to face adoption or euthanasia. A dog owner cannot appeal to a local court, but can appeal only to the Environmental Division of the Franklin County Municipal Court, and the kennel owner must post a bond. The state agency thus becomes the cop, prosecutor, judge and jury.

• Civil penalties ranging up to $15,000 can be imposed administratively (with no appeal) for violations, and separate penalties can be assigned for every dog in violation for every day it is in violation. Thus, a dog owner can be destroyed financially without ever getting his or her day in court, even for minor or accidental infractions.

• The state “shall deny” a license to any person who has violated any part of the law or any rule, and that includes paperwork deficiencies, accidental mistakes and minor technical errors.

• The state “shall deny” a license to anyone who “does not have the expertise or capacity to comply” with the law or regulations. That gives the state absolute power to judge the qualifications of anyone to own a dog, and no objective standards are defined. The decision is entirely subjective. There is no appeal. This also means that most poor and working class people could be denied licensure simply because they don’t have enough money to meet all of the state’s insatiable demands. This is a very real issue in today’s troubled economy, and Ohio is among the states hardest hit by the current deep recession.

• No puppy under 12 weeks of age can be sold unless the litter is registered with the state. This essentially creates a database of every dog in Ohio, which many dog owners think will be used someday to mandate pet sterilization or ban certain breeds of dogs.

• The law provides exacting specifications for kennel sizes, construction and temperature control, and allows the Board to create even more stringent regulations. These rules effectively prohibit a dog owner from raising puppies inside his or her own home, and also effectively ban outdoor housing in the winter for most breeds of dogs (it may exclude hunting and sled dogs, but there is some ambiguity in the language) if the water cannot be kept unfrozen 24 hours a day. The use of crates to train dogs kept in a home also is effectively banned.

• Except for dogs that are continuously confined to a kennel, any dog that is found without a collar and license tag (even inside the owner’s home) can be seized, sold or killed. This would appear to include puppies, as the word “dog” is not defined.

• No person or group who is licensed as a dog rescue would be allowed to breed any dogs or raise any puppies. This would destroy the breed rescue network in Ohio, as most of the participants actually raise the breed they are helping to rescue.

• And reams of time-consuming paperwork and compliance documentations would be required, and minor omissions or errors could cause a license to be denied or revoked.

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