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Ohio Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law, Contracts and Real Estate Law for Ohio on
Q: If I am moving into a condo with a service dog larger than the HOA allows, is it legal for them to demand proof of pet?

We do sign the HOA contract, it does allow for service pets, so if I have a mastiff (way over the allowed size) (I am in Ohio btw) and I register it as a service dog or emotional support dog, can the HOA take legal action or demand that I show legal proof of my pets training and certification

Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

The HOA can require confirmation of the status of the animal, and the HOA might be able to have the animal removed if the HOA went to court and the court determines that the size restriction is reasonable, even for a service animal.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Why am I being told I can't adopt my boyfriend dog back after the humane office took it

Sent to court and had hearing and a 600 bind was set for the care of him and again my boyfriend is the owner of this dog but he is my ESA dog

Juliet Piccone
Juliet Piccone
answered on May 15, 2022

You are being told that you cannot adopt the dog because your boyfriend still owns the dog unless he fails to pay that $600 cost of care

bond the court just set. If he fails maintain ownership during the case by missing any payments, typically he forfeits his ownership which then goes to...
Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Ohio on
Q: Can I be sued even though he left her for a month with no check ups?

In 2019 we got a dog. Then she became everyone’s since I worked. He would always say it’s his dog but no legal papers saying he has ownership. Recently he moved. And I registered her under my name and now he is threatening to sue me. And he didn’t care about her for over a month since he’s... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

A dog is considered personal property. If he sues you to get the dog, the court will determine who is the rightful owner based on all the evidence and testimony. You can use the Find a Lawyer tab to retain a local attorney if he sues you. Until then, you don't have to respond to him.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My girlfriend cant own a pet due to legal action. I can. If we move in together can the pet be taken from me?
Matthew Williams
Matthew Williams
answered on Dec 18, 2021

Possibly. More facts are needed but it certainly a risk if she is restricted not just from owning but from cohabitating as well.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Ohio on
Q: Ohio felon owns a Husky. Released from incarceration and 3 years later from probation. For OH law what date is use?

Probation release October 2021

Prison release November 2018

Charge is child endangerment related to child abuse.

What release date is used to start the 3 year count in order to own a dog?

Matthew Williams
Matthew Williams
answered on Dec 18, 2021

You learn something new every day. The three years starts running the day of your release, if you were incarcerated. Note that the chipping requirement has no end date. You’ll have to microchip any unspayed/neutered dog over 12 weeks old, or any dangerous dog as defined in Chapter 955. Also note,... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Neighbors dog keeps coming on my property pooping and tearing out our trash it has came at my wife and daughter and dog

What are my rights if this dog continues to come here and do this, we’ve called the warden already and spoke to the neighbor she refuses to tie up dog when it’s let out of her house and is requesting us to call her to clean up the mess and I am not okay with this I don’t want to do with it at... Read more »

Andrew Popp
Andrew Popp
answered on Sep 23, 2021

I would keep after law enforcement, or if all else fails hire a lawyer. I show the Mansfield Ordinance 505.03 (Link below) lays out criminal charges for failing to control a dangerous dog. The owner could also face civil penalties if the dog does harm someone. Hopefully it never gets to that... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: Bit by dog at work, owner never filed report to police. Been 6 days and no vaccination records even. Should I sue?

Bite happened on the job. They didn’t think I needed to go to the hospital so I took myself the next morning for tetanus shot and got antibiotics. Work didn’t even contact the owner for 3 days to discuss attack. Been over 6 days and I have no vaccination records, no doctor bills paid and am... Read more »

Michael Lewis Eisner
Michael Lewis Eisner
answered on Sep 20, 2021

You pose a very interesting question. The claims against your employer would be limited to workers' compensation. You can open a claim on the Ohio BWC website. However, the owner, keeper and/or harborer of the dog has strict liability. The only defenses are teasing and tormenting the dog... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: How many dogs can a single household house in the city of Westerville Ohio?

I'm curious because I would like to care for dogs in my home and wanted to know what the city deemed appropriate for one household. I figured if I knew the number it may help my application for a variance or special use permit. I personally would never house more than 5 dogs at one time. Thank you!

Andrew Popp
Andrew Popp
answered on Sep 17, 2021

There are multiple factors here that need to be considered based on the facts you provided. I suggest sitting down with a business or real estate attorney in or adjacent to Westerville. For your reference, the City Ordinances can be found at the URL below.... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Hello sir. I bought a puppy in early august for 600$ everything was fine then theytext me dog was sick and i had to pay

I had to pay 450$ then as the month goes on no dog i had to pay for food was200 then it went 300 . now they wont a special crate for 800 but the lady i bought the from said she pay300 then he told he demanded his money he calling the police for abanden thdog i called the dublin ohio police they... Read more »

Andrew Popp
Andrew Popp
answered on Sep 17, 2021

No question is asked here. For guidance on your specific situation you will need to sit down with an attorney to review the facts in detail. There are numerous additional factors that will need to be evaluated to determine what rights you may have.

Best of luck.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: My girlfriend who l lived with 11 years moved out and took the dogs we bought together. can i get shared custody?

She bought a house and came into my house when I was not there and took the dogs and now will not let me see them.

Juliet Piccone
Juliet Piccone
answered on Aug 11, 2021

I’m not sure if your situation falls under common law marriage (or if Ohio recognizes such) so I’d suggest you figure that out first. You may need to file for divorce and division of debt/property.

If you are not considered common law married you need to file a replevin action against...
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We found a stray dog that we have been taking care of for a week. The local shelters would not take him.

We went to the house where we suspected the dog lived twice. We were informed by the woman in the house that the dog belongs to her brother who is homeless and on drugs. She told my boyfriend to keep the dog because she couldn't take it. We have had the dog for 1 week, and the alleged owner is... Read more »

Andrew Popp
Andrew Popp
answered on Aug 9, 2021

If it's his dog and wants it back, you have no right to refuse him. Dogs are treated like personal property under the law with few exceptions. If the dog is running lose, you can contact animal control if you're concerned. Otherwise, if he agrees to give you ownership you can take the... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I brought a lost dog into the dog warden and I ended up getting bit

And the volunteer that was walking that dog through the lobby part didn’t pay attention and then I filled a accident report out and then the dog warden found owner of the lost dog and gave out my personal information and showed pics of me to the owner are they allowed to do that also am I able to... Read more »

William Lehner
William Lehner
answered on Jul 5, 2021

I believe you can sue the owner and maybe the organization who had a negligent volunteer. I don't know of why the warden could not show your picture.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Ohio on
Q: Our bearded dragon was taken from my ex fiance at the hospital and the shelter gave him to me do I have to give him back

She was taken to the hospital the police and hospital took the dragon and placed him in a shelter a few days later they released the bearded dragon to me and I have him registered as my esa can they take him from me or press charges

Andrew Popp
Andrew Popp
answered on Jun 29, 2021

If the pet belongs to her, then you need to return it. She paid for it I presume? If you keep property that does not belong to you it is criminal theft and you can serve time in jail. Additionally, she can sue you civilly for monetary damages she incurs because of your actions.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Is it legal for a dog warden to take an animal out of the owners fence
Matthew Williams
Matthew Williams
answered on Apr 15, 2021

Under certain circumstances, yes. More information is needed to know if they could take your dog.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I found a dog on the side of the road and knocked on doors and no one answered so I took the dog to a friend

Now my friend has her is that illegal? The owners finally contacted me and want her back but I don’t have her. What do I do?

Matthew Williams
Matthew Williams
answered on Mar 6, 2021

Call your friend so they can return the dog.

1 Answer | Asked in Animal / Dog Law and Small Claims for Ohio on
Q: I was asked to petsit a guinea pig a few days. A friend of my ex roommate she really didn't even know me..

It's now been over a year and I messaged just to see if she ever intended to pick her up to which she said I can't pay you but if she's too much she could come get her she came in a ten gallon fish tank with a hide she could barely fit in.. knew nothing about guinea pigs but... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2021

Attorneys who handle animal/dog law matters would be able to advise best, but you await a response for four weeks. Although we see our animals as family members, the general premise is that they are considered property. So it could probably be argued that the other person did not expressly abandon... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I bought a puppy from a breeder and it came with a health guarantee as long as taken to very within 72 hours.

I took him to vet within 48 and he has a double yeast ear infection and intestinal parasites. I asked the seller to refund the vet fees and they said the contract says I'm responsible for vet fees. So then I asked to return the puppy for a full refund and they stated they will take the puppy... Read more »

Hunter G. Cavell
Hunter G. Cavell
answered on Feb 2, 2021

It will depend on what the contract says. You should hire an attorney to review the contract and advise you of your rights. Good luck!

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I bought a dog from a breeder that has a genetic problem that caused me to put it down.

What kind of recourse do I have? The dog was AKC registered and only 2 years old when we put him down. We have the autopsy records that show it is a genetic defect that caused its death.

Nic  Schaefer
Nic Schaefer
answered on Jan 19, 2021

Did the breeder guarantee the dog's health or anything like that? You may have recourse but it depends on the particular facts in your situation. I would consult with an attorney.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can a shelter legally take ownership of a dog that has been brought to them?

My dog got out of my yard while I was at the store , he was taken to a shelter and when I called and scheduled to pick him up I was not made aware of a time limit that would give them ownership.. they then call me the day after he supposedly became their property to tell me he would be nuetered , I... Read more »

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 29, 2020

In Colorado it’s 5 days, so it’s probably something similar in Ohio. I guess they should have told you, but they’re not really required to and most laws operate under the assumption that the owner will come immediately. Maybe they’ll let you re-adopt him

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I have two dogs that my friends are refusing to give back to me they agreed to keep them till I found a place to live
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 23, 2020

You’ll have to sue in replevin if the police won’t help you get your dog back.

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