Ohio Code 1531.40 – Nuisance wild animal removal or control services; license
(A) As used in this section:
Terms Used In Ohio Code 1531.40
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fishing: means taking or attempting to take fish by any method, and all other acts such as placing, setting, drawing, or using any device commonly used to take fish whether resulting in a taking or not. See Ohio Code 1531.01
- Hunting: includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds. See Ohio Code 1531.01
- Person: means a person as defined in section 1. See Ohio Code 1531.01
- Property: means real and personal property. See Ohio Code 1.59
- rule: means any rule adopted by the chief of the division of wildlife under section 1531. See Ohio Code 1531.01
- state: means the state of Ohio. See Ohio Code 1.59
- Trapping: includes every act of assistance to any other person in capturing wild birds or wild quadrupeds by means of the device whether or not the means results in capture. See Ohio Code 1531.01
- Wild animals: includes mollusks, crustaceans, aquatic insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does not include domestic deer. See Ohio Code 1531.01
(1) “Nuisance wild animal” means a wild animal that interferes with the use or enjoyment of property, is causing a threat to public safety, or may cause damage or harm to a structure, property, or person.
(2) “Commercial nuisance wild animal control operator” means an individual or business that provides nuisance wild animal removal or control services for hire to the owner, the operator, or the owner’s or operator’s authorized agent of property or a structure.
(B)(1) No person shall provide nuisance wild animal removal or control services for hire without obtaining a license under this section from the chief of the division of wildlife.
(2) An applicant shall pay a license fee of forty dollars for the license. The license shall be renewed annually prior to the first day of March and shall expire on the last day of February. All money collected under this division shall be deposited in the state treasury to the credit of the wildlife fund created in section 1531.17 of the Revised Code.
(3) An individual who is providing nuisance wild animal removal or control services for hire under a license issued under this section is exempt from obtaining a hunting license under section 1533.10 of the Revised Code, a fur taker permit under section 1533.111 of the Revised Code, or a fishing license under section 1533.32 of the Revised Code for the purposes of performing those services.
(4) An individual who is employed by the state, a county, or a municipal corporation and who performs nuisance wild animal removal or control services on land that is owned by the state, county, or municipal corporation, as applicable, as part of the individual’s employment is exempt from obtaining a license under this section.
(C)(1) Unless otherwise specified by division rule, a commercial nuisance wild animal control operator and any individual who is employed by an operator that is engaged in activities that are part of or related to the removal or control of nuisance wild animals, including setting or maintaining traps, shall obtain a certification of completion of a course of instruction that complies with rules adopted under division (F) of this section. A certification shall be renewed every three years.
(2) Except as provided in division (H) of this section, an individual who provides nuisance wild animal removal or control services under a license issued under this section shall comply with division (C)(1) of this section.
(D) An operator that holds a license issued under this section is responsible for the acts of each of the operator’s employees in the removal or control of a nuisance wild animal.
(E) If an individual who is licensed under this section uses a pesticide in the removal or control of a nuisance wild animal, the individual shall obtain the appropriate license under Chapter 921 of the Revised Code.
(F) Except as provided in division (H) of this section, the chief shall adopt rules under section 1531.10 of the Revised Code establishing all of the following:
(1) Appropriate methods for trapping, capturing, removing, relocating, and controlling nuisance wild animals by operators licensed under this section;
(2) Procedures for issuing, denying, suspending, and revoking a license under this section;
(3) Requirements governing the certification course required by division (C)(1) of this section. The rules shall specify the minimum contents of such a course, including public safety and health, animal life history, the use of nuisance wild animal removal and control devices, and the laws and rules governing those activities. The rules also shall specify who may conduct such a course. The rules shall require that, in order for an operator to receive a certification of completion, the operator shall pass an examination.
(4) Any other requirements and procedures necessary to administer and enforce this section.
Rules shall be adopted under division (F) of this section only with the approval of the director of natural resources.
(G) In accordance with Chapter 119 of the Revised Code and with rules adopted under this section, the chief may suspend or revoke a license issued under this section if the chief finds that the holder of the license is violating or has violated this chapter, Chapter 1533 of the Revised Code, or rules adopted under those chapters.
(H) The chief shall issue a license to provide nuisance wild animal removal or control services in accordance with Chapter 4796 of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an individual who provides nuisance wild animal removal or control services in a state that does not issue that license.
Last updated December 29, 2023 at 7:22 AM