Avery’s Law Ohio: Dangerous Dog Rules and Owner Penalties

Last verified: November 5, 2026 against ORC 955.22, 955.23 and 955.24 on codes.ohio.gov and the House Bill 247 page on legislature.ohio.gov

What is Avery’s Law in Ohio? It is the name of House Bill 247 of the 136th General Assembly, which revised the state’s dangerous and vicious dog statutes. Gov. Mike DeWine signed it on December 19, 2025, after both chambers passed it without opposition, and the new rules became law on March 20, 2026.

The act is named for a young girl from Reynoldsburg who was badly hurt in a dog attack in 2024. Rep. Kevin Miller, a Newark Republican, announced the bill in the House. This page explains what changed, how a dog gets labeled, what owners must do and what penalties apply.

What is Avery’s Law in Ohio? The three dog labels

Ohio’s Avery’s Law keeps a three-step system but redefines each step. Every definition in ORC 955.22(A) turns on an act the dog commits “without provocation,” so a dog that bites while defending itself or being hurt does not count.

Label	What the dog did
Nuisance dog	Chased or approached a person in a menacing way while off its owner’s premises, or had a third or later violation of the running-at-large rule in ORC 955.21
Dangerous dog	Injured a person by contact in a menacing fashion or attitude of attack (short of serious injury), seriously injured a person without contact, killed another dog, or seriously injured another dog so that it was put down
Vicious dog	Killed a person, seriously injured a person by contact, or committed a dangerous act after already being designated dangerous

Killing another dog is now enough for a dangerous label, which matters for owners of dogs that fight at dog parks or through fences.

How a dog gets designated and how to challenge it

A county dog warden or other authorized person starts the process under ORC 955.23 when there is probable cause that a dog committed a nuisance, dangerous or vicious act. Probable cause can rest on written witness statements.

• If it is safe to leave the dog with its owner and no one was killed or seriously hurt, the warden sends a notice by certified mail or in person. It names the label and explains how to ask for a hearing.
• The owner has 10 calendar days after receiving the notice to file a written hearing request with the court where the act happened.
• The court holds the hearing within 10 calendar days of the request. The person who designated the dog must prove the act by clear and convincing evidence.
• Either side can appeal as in any other case in that court.

If the dog killed a person or caused serious injury, or the warden decides it is not safe to leave the dog at home, the warden holds the dog and petitions the court for a hearing. The owner pays the holding costs unless the court decides not to designate the dog.

Owner rules for dangerous and vicious dogs

Once a dog is designated, ORC 955.24 applies strict duties to the owner. Intent does not matter for these rules, so a gate left open still counts as a violation.

Situation	Rule
Dog outside on the owner’s property	Keep it in a locked pen with a top, a locked fenced yard built to prevent escape, or another locked enclosure with a top
Dog inside with a guest present	Confine it so there is no reasonable chance it touches the guest
Dog off the property	Use a leash or tether no longer than six feet that is a chain-link type, plus a locked pen with a top, a suitable person in control of the leash, or a muzzle
Insurance	At least $100,000 of liability coverage, with proof shown on request to police, the warden or a health official
Loose dog, bite or attack on another animal	Tell the dog warden right away
Sale, gift or death of the dog	Notify the county auditor and the warden within 10 days
Training or veterinary care	Tell the trainer or veterinarian about the dog’s status first

Penalties for owners under Ohio dog attack law

Owner charges depend on how the dog acted and whether it was already designated. These come from ORC 955.22(B) to (D) and ORC 955.24.

Owner conduct	Offense level
Negligently failing to stop a nuisance dog act	Minor misdemeanor first offense, fourth-degree misdemeanor after
Negligently failing to stop a dangerous dog act	Fourth-degree misdemeanor first offense, third-degree after
Owner of a dangerous or vicious dog negligently fails to prevent a dangerous dog act that injures a person	First-degree misdemeanor
Negligently failing to stop a vicious dog act	Third-degree misdemeanor first offense, second-degree after
Owner of a dangerous or vicious dog negligently fails to prevent a vicious dog act that injures or kills a person	Third-degree felony
Breaking the confinement rules	Fourth-degree misdemeanor first offense, third-degree after
No insurance	Minor misdemeanor first offense, fourth-degree after
Recklessly debarking a known dangerous or vicious dog	Fourth-degree felony, with mandatory destruction of the dog

Under ORC 2929.24 and ORC 2929.28, a first-degree misdemeanor carries up to 180 days in jail and a $1,000 fine, a second-degree up to 90 days and $750, a third-degree up to 60 days and $500, and a fourth-degree up to 30 days and $250. A minor misdemeanor has no jail time and a fine of up to $150. A third-degree felony carries 9 to 36 months in prison and a fourth-degree felony 6 to 18 months (ORC 2929.14).

Courts can also order the owner to supervise the dog personally or complete obedience training, and animal shelters are held to a reckless standard instead of a negligence standard.

Seizure and euthanasia of dogs after an attack

The court may order a dangerous or vicious dog destroyed by a licensed veterinarian or the county dog warden at the owner’s expense. It must do so when the dog killed a person or caused serious injury involving a substantial risk of death, permanent incapacity, serious permanent disfigurement, or acute pain lasting long enough to cause substantial suffering (ORC 955.23).

For a nuisance dog, destruction is optional and limited to cases where the dog hurt another dog or bit a person after trying to bite.

Examples of how the rules work in Ohio

• A neighbor’s dog slips out of a gate and runs at a jogger. A warden can label it a nuisance dog if it chased or approached the jogger in a menacing way off its premises.
• A dog kills a neighbor’s small dog through a fence. That is a dangerous dog act, even though no person was hurt.
• A designated dangerous dog bites a delivery driver. A dangerous act after designation is a vicious dog act, so the dog can be labeled vicious, and an owner who negligently failed to prevent it faces a third-degree felony if the person was injured (ORC 955.22(B)(2)).
• A dog bites someone who was hitting it. The definitions require an act without provocation, so provocation matters at the hearing.

City and county dog rules still apply

Counties, townships and municipalities can adopt their own dog control ordinances under ORC 955.10. Recklessly breaking one is a minor misdemeanor, and each day counts as a separate offense. Check with your county dog warden for local leash, license and registration rules in Franklin, Cuyahoga, Hamilton and other counties.

Frequently asked questions

When did Avery’s Law take effect in Ohio?

House Bill 247 took effect on March 20, 2026, after Gov. DeWine signed it on December 19, 2025. The renumbered dog sections of the Revised Code, ORC 955.22 through 955.24, carry that effective date.

Is there a list of dangerous dogs in Ohio?

The law works dog by dog. A warden or court designates one specific dog, and the owner receives written notice. Ask your county dog warden whether a designation exists for a particular dog in your area.

Does Avery’s Law ban certain breeds?

No. The definitions in ORC 955.22 are based on acts such as killing, seriously injuring or menacing a person without provocation. They do not name a breed.

How much insurance must a dangerous dog owner carry?

At least $100,000 in liability coverage for each occurrence of damage, injury or death to a person, from an insurer authorized in Ohio. Failing to carry it is a minor misdemeanor on a first offense.

Can my dog be taken away right after a bite?

Yes. If the dog killed a person or caused serious injury, or the warden finds it unsafe to leave the dog at home, the warden holds the dog until a court hearing. Holding costs fall on the owner unless the court does not designate the dog.

How long do I have to contest a dangerous dog label?

Ten calendar days from receiving the warden’s notice. File a written hearing request with the court named in the notice. The court must then hold the hearing within 10 calendar days.

Is it a crime if my dog bites someone on my property?

It can be. Owner charges depend on negligence and the dog’s label. A person who was unlawfully trespassing or committing a crime on your property is an exception to the duty to report the bite to the warden (ORC 955.24).

What changed on this page

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