2006 Ohio Revised Code - 955.29. Claim of owner.

§ 955.29. Claim of owner.
 

Any owner of horses, sheep, cattle, swine, mules, goats, domestic rabbits, or domestic fowl or poultry that have an aggregate fair market value of ten dollars or more and that have been injured or killed by a dog not belonging to the owner or harbored on his premises, in order to be eligible to receive compensation from the dog and kennel fund, shall notify a member of the board of county commissioners or dog warden within three days after the loss or injury has been discovered. A commissioner who is notified shall immediately notify the dog warden of the loss or injury. The warden shall investigate or have the loss or injury investigated promptly, and the person making the investigation shall provide the owner with duplicate copies of the claim form authorized by section 955.36 of the Revised Code and assist him in filling it out. The owner shall set forth the kind, grade, quality, and fair market value of the animals, fowl, or poultry, the nature and amount of the loss or injury, the place where the loss or injury occurred, and all other facts in the possession of the claimant that will enable the warden to fix responsibility for the loss or injury. If the animals, fowl, or poultry die as a result of their injuries, their fair market value shall be the market value of uninjured animals, fowl, or poultry on the date of the death of the injured animals, fowl, or poultry. If the animals, fowl, or poultry do not die as a result of their injuries, their fair market value shall be their market value on the date on which they received their injuries. Any fetus that is aborted by an animal because of stress inflicted by a dog and that does not, on that account, survive shall be considered to have been killed by the dog, regardless of the stage of pregnancy at which the abortion occurs. In the case of any such alleged cause of death, the warden may, as part of his investigation, request the chief of the division of animal industry to have a state veterinarian certify the cause of death. The chief shall promptly comply, and the veterinarian shall send the certification to the warden. The owner shall also sign a statement that the information set forth is a true account of the loss or injury and that, on the date the loss or injury occurred, the claimant did not own or harbor an unregistered dog required to be registered under section 955.01 of the Revised Code. No claimant who owned or harbored an unregistered dog on that date may recover from the dog and kennel fund. 
 

If the warden finds all the statements that the owner made on the form to be correct and agrees with the owner as to the fair market value of the animals, fowl, or poultry, he shall promptly so certify and send both copies of the form, together with whatever other documents, testimony, or information he has received relating to the loss or injury, to the board of county commissioners. 
 

If the warden does not find all the statements to be correct or does not agree with the owner as to the fair market value, the owner may appeal to the board of township trustees for a determination as provided in section[s] 955.30 to 955.34 of the Revised Code. In that case the owner shall secure statements as to the nature and amount of the loss or injury from at least two witnesses who viewed the results of the killing or injury and who can testify thereto and submit both copies of the form to the board of township trustees or a member thereof not later than twenty days after the loss or injury was discovered. The warden shall submit to the board of township trustees whatever documents, testimony, or other information he has received relating to the loss or injury. 
 

HISTORY: RS § 4215; 74 v 177, § 8; 83 v 46; 84 v 231; 89 v 129; 90 v 347; 91 v 92; 91 v 198; 92 v 102; 95 v 686; 97 v 276; 99 v 250; GC § 5840; 107 v 534; 112 v 347; 120 v 471; 123 v 543; 124 v 428; Bureau of Code Revision, 10-1-53; 126 v 940 (Eff 10-6-55); 135 v H 152 (Eff 11-21-73); 136 v S 61 (Eff 11-28-75); 138 v H 760. Eff 3-23-81.

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