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.
Structure Ohio Revised Code
Title 9 | Agriculture-Animals-Fences
Chapter 959 | Offenses Relating to Domestic Animals
Section 959.01 | Abandoning Animals.
Section 959.02 | Injuring Animals.
Section 959.03 | Poisoning Animals.
Section 959.04 | Trespassing Animals.
Section 959.05 | Drugging Animal Prior to Competition.
Section 959.06 | Destruction of Domestic Animals.
Section 959.07 | Reporting of Violation Involving a Companion Animal by Licensed Professionals.
Section 959.08 | Reporting of Violation Involving a Companion Animal by Officers, Dog Wardens.
Section 959.09 | Manner of Reporting Violation; Immunity; False Reports.
Section 959.10 | Warning, Explanation for Failure to Make Report.
Section 959.12 | Alteration of Brands.
Section 959.13 | Cruelty to Animals.
Section 959.131 | Prohibitions Concerning Companion Animals.
Section 959.132 | Impounding and Disposition of Companion Animal.
Section 959.134 | Chemical Capture by Certified Officer Not an Act of Cruelty.
Section 959.15 | Animal Fights.
Section 959.16 | Dogfighting Offenses.
Section 959.161 | Impounding and Disposition of Fighting Dog.
Section 959.17 | Trapshooting.
Section 959.18 | Prohibition Against Killing a Carrier Pigeon.
Section 959.19 | Prohibition Against Servicing Mare in Public Street.
Section 959.20 | Use of Certain Devices on Work Animals Prohibited.