The court issued a unanimous decision Wednesday saying a cat or dog does not need to be “kept” in order to be protected under the law. It reversed a decision by the Eighth District Court of Appeals that found the felony-level statute only applied to pets that received care from someone, according to Court News Ohio.
Ohio Revised Code Section 959.131 defines a companion animal as “any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store.”
The Ohio Supreme Court noted the statute is “no model of clarity,” but wrote “any cat or dog” means all cats and dogs unless the law was followed by a clear limiting condition.
“Furthermore, the phrase ‘any dog or cat regardless of where it is kept’ is meant to eliminate the residential requirement for dogs and cats, not create a separate requirement for dogs and cats,” the opinion read.
If the legislature intended the law to only protect dogs and cats that are “kept,” it could have stated it clearly, the Ohio Supreme Court added.
“It was really disturbing that it even got to the point that the law being questioned,” Weltge said. “We’re certainly very excited about the Ohio Supreme Court decision that upheld that it protects all dogs and cats.”
The decision does not have an impact on how Humane Society agents investigate abuse and neglect cases in Montgomery County, but it upholds penalties for those who abuse cats or dogs, regardless if they are strays or community pets.
Weltge said while the Humane Society has agents to investigate neglect and abuse cases, they are typically too busy to do patrols.
“We’re really dependent on the eyes and ears of our community,” he said. “...The people who are out and about in our communities are the ones that we are dependent upon to report to us things that they see that are unusual or are something that looks out the ordinary in a way that animals are being kept or treated.”
People can report suspected animal abuse to the Humane Society online or by calling 937-268-7387. Cases can also be reported to local law enforcement.
Weltge said investigations can take time and agents are bound by Ohio law.
“Sometimes people want to see action taken immediately and get frustrated with law enforcement agencies, including our agency,” he said. “They just need to understand we have the animal’s best interests in mind, as do they.”
The Ohio Supreme Court’s slip opinion was related to an October 2021 case in Cleveland where a man reportedly poured bleach on an apartment building’s basement floor to make a cat leave.
The cat had red and swollen paws and appeared to be unclaimed by anyone in the building, according to Court News Ohio. The cat was taken to an animal hospital for treatment.
Alonzo Kyles was convicted of animal cruelty and sentenced to nine months in prison but appealed his sentence to the Eighth District Court of Appeals, Court News Ohio reported.
The Ohio Supreme Court decision affirmed Kyles could by convicted of the fifth-degree felony and sent the case back to the district court to consider additional challenges Kyles’ defense team raised.
About the Author