Avery’s Law (House Bill 247)

Protecting the public is the highest priority for the Holmes County Dog Warden’s Department. Recently enacted and becoming effective March 20th is Avery’s Law. Avery’s law reforms and reshapes section 955 of the Ohio Revised Code more specifically codes related to ownership, confinement, and penalties for dangerous dogs. As a dog owner it directly affects you and it is in your best interest to know and understand the changes.

Summary of Changes

1. Dog owners, keepers, and harborers can now be charged with negligently allowing their dog to commit a dangerous, vicious, or nuisance dog act even if the dog was not previously designated dangerous. These are fourth to second degree misdemeanor offenses depending on whether the act was nuisance, vicious, or dangerous. (see definition of these acts below.) Ex: UPS driver arrives at your residence to deliver a package and your dog Fido who happens to be outside at the time and has never had a bite history chases the UPS driver and bites him/her on the calf causing puncture wounds. Fido just committed a dangerous dog act and you as the owner, keeper, or harborer can be charged under Avery’s Law. Under new law these offenses are strict liability offenses which mean regardless if you were present at the time you as the owner, keeper, or harberor can be held liable and charged.
2. It allows Dog Warden’s to remove dogs that have committed a nuisance dog act, dangerous dog act, or vicious dog act from the home until the court makes a final determination on the dogs designation and allows the court to order euthanasia of the dog in some cases.
3. It changes the definition of a dangerous dog , nuisance dog, and vicious dog. Although changes were not significant there were a few adjustments that are important to note.
4. It heightens confinement requirements for dangerous dogs both outside of the dog owner’s residence and inside while the owner has visitors.
5. It requires Dangerous and Vicious Dog Owners to get liability insurance.

If you are transferring ownership of a dangerous dog you are required to complete a transfer form and submit it to the new owner, the new owners Health Department, and new owners, County Dog Warden!

Below are the definitions of each classification nuisance, dangerous, and vicious. It is the responsibility of the Holmes County Dog Warden’s Department to investigate dog bites and complaints and determine if a dogs actions fit the definitions and designate that dog in accordance to the definition that applies if any. These definitions are pulled directly from the Ohio Revised Code.

What is a dangerous dog? (March 20th, 2026)

O.R.C 955. 22 A (2) “Dangerous dog act” means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:

(a) Causing injury by physical contact, other than killing or serious injury, to any person in either a menacing fashion or an apparent attitude of attack;

(b) Causing serious injury to any person without making physical contact in either a menacing fashion or an apparent attitude of attack;

(c) The killing of another dog;

d) Causing serious injury to another dog that results in euthanasia of the dog by a person authorized to perform euthanasia under Ohio law.

What is a vicious dog?

O.R.C 955.22 A (1) “Vicious dog act” means one of the following actions committed by a dog without provocation, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:

(a) The killing of any person;

(b) Causing serious injury to any person by physical contact;

(c) Engaging in a dangerous dog act after the dog has been designated as a dangerous dog under section 955.23 of the Revised Code.

What is a nuisance dog?

O.R.C 955.22 A 3 “Nuisance dog act” means one of the following actions committed by a dog without provocation and while off the premises of its owner, keeper, or harborer, other than by a police dog that is being used to assist one or more law enforcement officers in the performance of their official duties:

(a) Chasing or approaching a person in either a menacing fashion or an apparent attitude of attack;

(b) Attempting to bite or otherwise endanger any person in either a menacing fashion or an apparent attitude of attack;

(c) Causing injury to any person without making physical contact in either a menacing fashion or an apparent attitude of attack;

(d) Chasing, threatening, harassing, or injuring another dog or livestock in either a menacing fashion or an apparent attitude of attack;

(e) Having been the subject of a third or subsequent violation of section 955.21 of the Revised Code

Definitions

“Without provocation” : “Without provocation” means either of the following, as applicable:

(a) That a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity;

(b) That a dog was not attacked by another dog or livestock.

Injury: “Injury” means any physical harm to a person, another dog, or livestock, as applicable, but does not include physical harm resulting from a situation where the dog behaves in a playful, nonaggressive, or age-appropriate manner.

(a) Any physical harm that carries a substantial risk of death;

Serious Injury: “Serious injury” means any of the following:

(c) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;

(b) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;

(d) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.

“Serious injury” does not include physical harm resulting from a situation where the dog behaves in a playful, nonaggressive, or age-appropriate manner.

Owner: The person listed on the dog’s registration or the individual who owns the dog.

Keeper: A person who exercises control or custody , such as a walker or temporary caregiver.

Harborer: An individual who has control of the premises where the dog lives and acknowledges it’s presence.

Dog Attack Laws (O.R.C 955.22)

(B)(1) No owner, keeper, or harborer of a dog that is not an animal shelter for dogs shall negligently, and no animal shelter for dogs that keeps or harbors a dog shall recklessly, fail to prevent the dog from committing a vicious dog act. Whoever violates this division is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense.

(2) No owner, keeper, or harborer of a dangerous or vicious dog, including an animal shelter for dogs, shall negligently fail to prevent the dog from committing a vicious dog act that involves injuring or killing a person. Whoever violates this division is guilty of a felony of the third degree.

(C)(1) No owner, keeper, or harborer of a dog that is not an animal shelter for dogs shall negligently, and no animal shelter for dogs that keeps or harbors a dog shall recklessly, fail to prevent the dog from committing a dangerous dog act. Whoever violates this division is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(2) No owner, keeper, or harborer of a dangerous or vicious dog, including an animal shelter for dogs, shall negligently fail to prevent the dog from committing a dangerous dog act that involves injuring a person. Whoever violates this division is guilty of a misdemeanor of the first degree.

(D) No owner, keeper, or harborer of a dog that is not an animal shelter for dogs shall negligently, and no animal shelter for dogs that keeps or harbors a dog shall recklessly, fail to prevent the dog from committing a nuisance dog act. Whoever violates this division is guilty a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.

The Investigation

1. Dog Warden receives a complaint, call, or dog bite report from ER or the Holmes County General Health District and the investigation is opened.
2. Dog Warden will collect statements, evidence, and information about the incident.
3. If facts of the case show the dogs actions meet the criteria for a nuisance, dangerous, or vicious designation the Dog Warden will determine whether it is safe for the dog to remain in the home or if it needs to be impounded. Vicious dogs will always be impounded until the court makes a determination.
4. If the dog remains in the home the dog owner, keeper, or harborer will be given a notice designating their dog either nuisance, dangerous, or vicious. The dog owner then has 10 calendar days to file an appeal at the Holmes County Municipal Court. If no appeal is filed the dog must be registered within 45 days.
5. If the dog is removed from the home the dog owner, keeper, or harborer will be given a notice of a court hearing date in which a hearing will be held to determine the dogs designation. The court will make a final determination on the dogs designation and will determine the disposition of the dog. The dog owner is responsible for all costs incurred at the Dog Warden’s Department in relation to the dogs impoundment unless the court finds the dogs actions did not meet requirements for nuisance, dangerous or vicious designation.
6. In addition to any designations the dog owner, keeper, or harborer can be charged with any criminal offenses such as but not limited to registration, confinement, and “allowing their dog to commit a nuisance, dangerous, or vicious act”
7. All dog bites also require a 10 day quarantine and the Dog Warden’s Department assists the Holmes County General Health District in enforcing these quarantines.

Takeaways

1. Report dog bites and other issues where dogs are running loose approaching citizens in an aggressive manner. Many times people wait until something happens. Our goal is to stop things from happening so people and dogs do not suffer.
2. As a dog owner you are required to protect the public from your dog. Know the law so that you can help us protect the public and to keep yourself from being held criminally and civically liable. Work towards setting up safety fences or solutions. If your dog commits a dangerous dog, nuisance dog, or vicious dog act (as defined above) on or off your property you can be held accountable under Avery’s Law.
3. Protect your pet from becoming a nuisance, vicious, or dangerous dog by eliminating situations that heighten the risk for your dog. For example if your dog is iffy with people do not have them out when people come over. If you get frequent delivery’s don’t have your dog out in the yard unattended. Don’t take your dog to public places or high traffic areas such as camp grounds, public buildings, and other areas. If your dog is not good with kids put them away when kids are around.
4. Make sure that your confinement measures are secure whether it be kennels, cables, fenced in yards, electric fences, or another form of confinement.