Ohio Livestock Laws
OHIO REVISED CODE
TITLE IX [9] AGRICULTURE -- ANIMALS --
FENCES
CHAPTER 951: ANIMALS RUNNING AT LARGE; STRAYS
951.01 Prohibition against animals running at large.
No person, who is the owner or keeper of a stallion, jackass, bull,
boar, ram, or buck, shall permit it to go or be at large out of its own
enclosure.
951.02 Animals running at large on public roads; grazing on
another's land.
No person, who is the owner or keeper of horses,
mules, cattle, sheep, goats, swine, or geese, shall permit them to run at large
in the public road, highway, street, lane, or alley, or upon unenclosed land, or
cause such animals to be herded, kept, or detained for the purpose of grazing on
premises other than those owned or lawfully occupied by the owner or keeper of
such animals.
The running at large of any such animal in or upon any of the places
mentioned in this section is prima-facie evidence that it is running at large in
violation of this section.
951.10 Damages.
The owner or keeper of an animal
described in section 951.01 to 951.02 of the Revised Code, who permits it to run
at large in violation of either of such sections, is liable for all damages
caused by such animal upon the premises of another without reference to the
fence which may enclose such premises.
951.11 Estrays.
A person finding an animal at large
in violation of section 951.01 or 951.02 of the Revised Code, may, and a law
enforcement officer of a county, township, city, or village, on view or
information, shall, take and confine such animal, forthwith giving notice
thereof to the owner or keeper, if known, and, if not known, by publishing a
notice describing such animal at least once in a newspaper of general
circulation in the county, township, city, or village wherein the animal was
found. If the owner or keeper does not appear and claim the animal and pay the
compensation prescribed in section 951.13 of the Revised Code for so taking,
advertising, and keeping it within ten days from the date of such notice, such
person or the county shall have a lien therefore and the animal may be sold at a
public auction as provided in section 1311.49 of the Revised Code, and the
residue of the proceeds of sale shall be paid and deposited by the treasurer in
the general fund of the county.
951.12 Unavoidable escapes.
If it is proven that an
animal running at large in violation of section 951.01 or 951.02 of the Revised
Code escaped from its owner or keeper without his knowledge or fault, such
animal shall be returned to its owner or keeper upon payment of the compensation
prescribed in section 951.13 of the Revised Code for its taking, advertising,
and keeping.
951.13 Fees.
The person or county, township, city,
or village whose law enforcement officer takes an animal running at large in
violation of section 951.01 to 951.02 of the Revised Code is entitled to receive
from the owner or keeper thereof the following compensation:
(A) For taking and advertising each horse, mule, head of cattle, swine,
sheep, goat, or goose, five dollars;
(B) Reasonable expenses actually incurred for keeping each such animal.
Compensation for taking, advertising, and keeping a single herd or flock
shall not exceed fifty dollars when such flock or herd belongs to one person.
951.99 Penalty.
Whoever violates section 951.01 or
951.02 of the Revised Code is guilty of a misdemeanor of the fourth degree.
CHAPTER 971: FENCES
971.01 Definition.
As used in this chapter, "owner"
means both of the following:
(A) The owner of land in fee simple, of
estates for life, or of rights-of-way while used by the owners thereof as farm
outlets;
(B) The department of natural resources with regard to any land
that it owns, leases, manages, or otherwise controls and that is adjacent to
land used to graze livestock.
Proceedings under this chapter do not bind
the owner unless the owner is notified as provided in section 971.13 of the
Revised Code.
971.02 Expense of partition fences.
The owners of
adjoining lands shall build, keep up, and maintain in good repair, in equal
shares, all partition fences between them, unless otherwise agreed upon by them
in writing and witnessed by two persons. The fact that any land or tract of land
is wholly unenclosed or is not used, adapted, or intended by its owner for use
for agricultural purposes shall not excuse the owner thereof from the
obligations imposed by this chapter on the owner as an adjoining owner. This
chapter does not apply to the enclosure of lots in municipal corporations, or of
adjoining lands both of which are laid out into lots outside municipal
corporations, or affect Chapter 4959. of the Revised Code, relating to fences
required to be constructed by persons or corporations owning, controlling, or
managing a railroad.
971.03 Hedge, barbed wire or electrified wire partition fence
forbidden.
(A) A person or corporation shall not have a willow or
other live fence, except osage or blackthorn hedge.
(B) No person or corporation shall construct or cause to be constructed, a
partition fence from barbed wire or electrified wire unless written consent of
the adjoining owner is first obtained. Such consent is not necessary to the use
of one or two barbed wires, provided that neither is less than forty-eight
inches from the ground, and is placed on the top of a fence other than a barbed
wire fence.
971.07 Partition fences; failure to comply with
assignment.
(A) If either person fails to build the portion of
fence assigned to him under section 971.04 of the Revised Code, the board of
township trustees, upon the application of the aggrieved person, shall award the
contract to the lowest responsible bidder agreeing to furnish the labor and
material, and build such fence according to the specifications proposed by the
board, after advertising for bids once a week for three consecutive weeks in a
newspaper of general circulation in the county in which the township is
situated. .