Posted by DanaMarie Pannella on April 26, 2022 | Comments Off on Ohio charities now permitted to auction or raffle alcohol
Fun legislation news just in time for summer!
Several Ohio liquor laws changed as a result of Senate Bill 102. The changes went into effect March 23, 2022. Most importantly, charities can now legally auction or raffle alcoholic beverages at fundraising events!
Previously, awarding alcohol as a prize was not permitted, even for charities. Receiving a call from Liquor Control was an unpleasant surprise for many charities that were not aware of this archaic Ohio law.
The basic details of the new law:
IRC Section 527 political organizations or 501(c)(3) charitable organizations are allowed to award alcohol without a permit as a prize in a raffle, silent auction, or door prize, as those terms are defined, at a fundraising event.
Beer, wine, and mixed low-proof pre-packaged beverages must be purchased from a liquor permit holder, while high-proof spirituous liquor must be purchased from a state liquor agency store in this state.
Alcoholic beverages may be donated to the organization holding the event, but may not be donated by a liquor permit holder or state liquor agency.
The organization must keep spirituous liquor receipts to prove where the purchase occurred.
Information regarding the purchase of spirituous liquor must be provided to ODC Liquor Control prior to the event.
As always, you should consult with legal counsel regarding policies and waivers prior to raffling any legally restricted item.
Posted by DanaMarie Pannella on December 31, 2020 | Comments Off on House Bill 24 Establishes Care Bond & Restitution for Livestock Cruelty Cases
House Bill 24 was signed by Governor DeWine on December 29, 2020. This lengthy bill goes into effect in 90 days. Most critically, HB 24 creates “care bond” hearings for livestock and allows courts to order convicted offenders to pay restitution for the care of those animals.
Care bond/cost of care laws help prevent humane societies and other law enforcement from incurring debilitating costs in animal cruelty cases and can help rescued animals find their new homes sooner, saving both money and animal lives.
Under current Ohio law, the seizure of a companion animal (generally cats, dogs, and some other animals kept in a residential dwelling) results in a judicial hearing within 10 days of seizure to determine whether the officer had probable cause to seize the companion animal, and if so, the amount of money (bond) necessary for the animal owner to pay for that companion animal’s care while it is impounded pending trial. If the owner does not pay the care bond, the animal may be forfeited to the impounding agency.
Livestock are not currently subject to the same care bond hearings and are held for an indefinite period of time pending trial. Restitution to the impending agency has not been upheld in these cases, causing the impounding agency to bear all costs of rescuing a neglected or abused livestock animal. Thus, under current law, it is an extreme burden for impounding agencies to rescue/care for livestock and livestock often endure long holds in a facility when they could otherwise be placed in a new home. HB 24 now ensures quick due process for the livestock owner, that livestock will not be held needlessly, and that the impounding agency may be justly compensated for care provided.
Here are some additional highlights:
Reenacts current law provisions governing animal fighting, bestiality, and humane agent residency requirements, which were struck down in the Ohio Sixth Appellate District; thus making those provisions now enforceable in that district again Allows dog wardens to use chemical capture on companion animals Clarifies that a dog warden can “donate” or “adopt” out dogs that are not redeemed by their owner and may charge an adoption fee Codifies humane society procedures for appointment and removal of humane agents, nonprosecution agreements, and public records that were previously only determined by case law Creates a yearly report of humane society activity that is submitted to the county sheriff Removes the antiquated “Ohio Humane Society” and provisions regarding humane society enforcement of crimes related to children Specifies that a humane agent is a public servant for the purposes of bribery law Increases the minimum monthly salary of humane agents to $150 a month
Posted by Holland & Muirden on May 15, 2020 | Comments Off on Remote notary services now available!
We’re excited to announce that Holland & Muirden is now offering online notary services in Ohio!
Online notarization became legal in Ohio in September 2019 and requires the individual notary complete special training and pass an examination. Our notary public is authorized by the Secretary of State’s Office to perform these services.
An online notarization is performed by an authorized Ohio notary public when a signer personally appears before the notary using audio-visual technology instead of being physically present in the same location as the notary. An online notarization requires the use of an online notarization system to perform the act, as the signer is not located in the same location as the notary. The ability to have a document notarized online is convenient and simplifies the entire process for notaries and clients alike. It also provides additional benefits such as:
➡️Providing a service to clients who simply are not able to make it to an office.
➡️Maintaining social/physical distancing.
➡️Saving trees! In addition to eliminating travel, online notarization can be a green service with digital-only copies of the documents being notarized.
In addition, this process offers clients additional security measures and creates a video recording of the entire notarization process. There is a state maximum fee of $25.00 per notarization.
Posted by Julie Wagner on April 16, 2020 | Comments Off on Covid-19: Connecting to loved ones in lock down
How do you connect with loved ones in lock down at nursing homes? Residents in nursing homes, assisted living, group homes or other care facilities are isolated in the best of times. Now, with the lock down of facilities to protect against Covid-19 infection, they are completely cut off from family and loved ones. What can you do to help?
Lockdowns protect the fragile
The elderly are the most likely to die from the Covid-19 virus. Most already have underlying conditions and the ravages of aging itself makes it harder to fend off virus symptoms that may be very severe.
Some of the very first precautions taken during the pandemic was the screening of visitors to nursing homes. A masked employee would take your temperature, give you a survey about recent travel and ask if you had any symptoms. Very soon after that, facilities completely closed to visitors and any other unnecessary personnel. Non-medical staff moved off site, and medical staff were screened before each shift. They would wear masks for their entire shifts.
Know what’s happening inside
Visiting a loved one in a nursing home is the best way to ensure they are being treated properly and are doing well. But, there are other ways to check on them during this lock down.
Family members also may wish call the facility and ask. Specific questions may include: Are patients confined to their rooms or allowed to be in the halls? Are they eating in their rooms? Have you had any cases? Have you had any deaths? What are you doing with those who test positive? Are you taking in new residents? Are you quarantining them before they are mixed in with current residents?
Also ask questions about your loved one’s general wellness: How is he/she? Is he/she eating properly? Do they seem worried or depressed? Are they less active than before? Is their health good? Are they showing any symptoms?
You may want to call every 7 to 10 days in most circumstances. Care facility staff are busy, but most will take a few minutes to update you on your loved one.
Some facilities have a web page available only to family members and loved ones to give updates on the facility and its response to the pandemic.
Connecting with your loved one
While you can’t visit, there are other ways to connect with your loved ones. The news is full of families standing outside windows waving or holding signs for their loved ones. Many facilities are offering Skype or other video sessions so you can see your loved one as you speak to them. Phone calls cheer up residents who can speak on the phone.
You might also try sending cards or letters. Having a child write a letter or draw a picture for their grandparent, uplifts the spirit of the child and the elder. If you usually bring a favorite snack to your loved one, ask the facility if you can mail it.
Keeping your loved one safe
The safest place for your elderly loved one is in a care facility which is taking the utmost precautions to prevent spread of the virus. As much as you would like to visit or take them out for a day, the most thoughtful thing you can do is to leave them in place until the virus threat is past. Meanwhile, keep in touch with the facility and your loved one.
Posted by DanaMarie Pannella on November 26, 2019 | Comments Off on PACT Act is now federal law–but what does it really cover?
The PACT Act (Preventing Animal Cruelty and Torture Act) was signed into federal law yesterday! This is a great law that builds on 2010’s Animal Crush Prohibition Act by making any activity defined as “animal crushing” potentially a federal crime, whether or not the act is committed as part of a crush video.
Unfortunately, there are lots of misleading and confusing headlines on this law, including that the PACT Act: “makes animal cruelty a federal felony” “Mak[es] Cruelty To Animals A Federal Crime” “Bans Cruelty” “Make[s] Animal Abuse a Federal Offense” is a “Sweeping Federal Ban on Animal Cruelty” covers “Most animal cruelty”
The PACT Act does make some animal cruelty a federal offense, but it isn’t that simple! Here are the basics:
✏️ What is “Animal Crushing”? ➡️ Animal crushing commonly refers to extreme fetish videos depicting animal abuse—where small animals are crushed, ripped apart, burned, or otherwise tortured to death. Usually, this is designed for the sexual gratification of the viewer. In 2010, a federal law was passed that banned the creation or depiction of such videos/acts, but NOT the actual underlying act of animal cruelty.
✏️ What does the PACT Act cover? ➡️ It outlaws purposeful crushing, burning, drowning, suffocation, impalement and other purposeful acts that cause “serious bodily injury” to animals other than fish. It also prohibits some acts of sexual abuse against animals other than fish, but this particular provision seems to have a qualifier that such acts are only prohibited if committed in the “special maritime and territorial jurisdiction of the United States” (federal property). The rest of the PACT Act applies to acts “in or affecting interstate or foreign commerce,” in addition to federal property. This limitation on the jurisdiction of animal sexual abuse crimes seems to negatively affect the federal prosecution of, for example, bestiality videos that are distributed online. ➡️ It outlines exemptions for humane euthanasia; slaughter for food; recreational activities such as hunting, trapping, and fishing; medical and scientific research; normal veterinary, agricultural husbandry, or other animal management practice; unintentional acts; and acts that are necessary to protect the life or property of a person. ➡️ It does not apply to anything other than the specific acts of cruelty listed above. ➡️ It does not cover all acts of animal cruelty. ➡️ It does not cover acts of neglect, abandonment, extreme weather, filthy conditions, or tethering issues. ➡️ It does not cover “puppy mill” issues.
✏️ Does the PACT Act change state and local law? ➡️ No. An offender can only be prosecuted pursuant to the PACT Act if the criminal act occurs on federal property (ex: national parks, military bases) or “in or affecting interstate or foreign commerce.” Federal property (“special maritime and territorial jurisdiction of the United States”) is defined in 8 subsections of 18 U.S.C. § 7: maritime jurisdiction, 18 U.S.C. §§ 7(1), 7(2); lands and buildings, 18 U.S.C. § 7(3); Guano Islands, 18 U.S.C. §7(4); aircraft, 18 U.S.C. § 7(5); spacecraft, 18 U.S.C. § 7(6); places outside the jurisdiction of any nation, 18 U.S.C. § 7(7); and foreign vessels en route to and from the United States, 18 U.S.C. § 7(8)). ➡️ The PACT Act was designed not to preempt or interfere with local/state animal cruelty laws or enforcement. The PACT Act is merely a federal overlay, exactly like the federal animal fighting law(s).
✏️ Who enforces the PACT Act? ➡️ Federal law enforcement in federal courts.
✏️ What are the possible punishments for violation of the PACT Act? ➡️ Violations could result in a fine and up to seven years’ imprisonment.
✏️ Does the PACT Act make all animal cruelty a felony? ➡️ No. As noted above, the PACT Act only applies in a narrow set of circumstances. State and local legislation to strengthen animal cruelty and neglect laws are still needed and very much necessary.
Craft was found guilty after a jury trial of cockfighting, two counts of animal cruelty and one count of possession of criminal tools. Craft was found not guilty of 3 counts of criminal tools and 4 counts of cruelty.
Craft was sentenced to a total of 90 days in jail, $350 in fines, courts costs, forfeiture of the roosters seized and items found to be criminal tools. He was ordered to pay $1,070 restitution for veterinary and other care provided to the animals. Jail is suspended on condition that he successfully complete one year probation. During probation he may not possess chickens or other poultry, and he is subject to inspections.
Posted by HM IT on March 3, 2017 | Comments Off on Woman Convicted of Companion Animal Cruelty Will Only Keep One Cat
State v. Marlowe, a case we prosecuted for Animal Charity of Ohio. Marlowe was convicted of companion animal cruelty for neglecting 5 dogs at her house. One was emaciated and dehydrated in an outdoor, fenced area. The others were inside the basement, covered in debris, including a large accumulation of fecal material and urine, causing the investigator’s eyes and throat to burn.
On sentencing, Marlowe was prohibited from owning, possessing or living at a residence with any animals, except one cat which must be kept in a humane, sanitary and lawful manner. She is subject to random inspections. If she violates, she will serve up to 90 days in jail. She was also ordered to pay $4500 in restitution to Animal Charity for care provided to her animals.
Posted by HM IT on February 27, 2017 | Comments Off on Dog Owner Failed to Treat Pit Bull’s Mange
State v. Rionte Rees, a case we prosecuted for the Medina County SPCA.
Defendant was found guilty of companion animal neglect for failure to provide proper care of Babe, a 10 month old pit bull. Babe suffered from demodex mange and severe itching resulting in the loss of most of his fur.
Rees was sentenced to 90 days in jail. 77 days were suspended. He was credited for 13 days served. He was placed on probation for 2 years, and is required to pay $177.50 restitution. He is prohibited from owning, possessing or living at a residence with animals, and must submit to random inspections.
Posted by HM IT on February 13, 2017 | Comments Off on Jailtime for Man Convicted of 9 Counts of Companion Animal Cruelty
State v. David Taylor a case we prosecuted for the Lake Humane Society resulting in a lifetime ban from keeping companion animals.
Taylor was convicted in the Willoughby Municipal Court of 9 counts of companion animal cruelty after trial for neglecting his three dogs, who were kept in a cluttered, dirty yard full of debris, including broken glass and nails. They suffered from severe flea infestation, open abrasions, bacterial infection, severe ear mites, fly strikes and whipworms.
In addition to the ban on keeping animals, Taylor was sentenced to 90 days in jail, 45 of which was suspended pending successful completion of one year probation including mental health assessment and treatment. He was fined $750 of which $500 is suspended.
Bittner plead no contest to two second degree misdemeanor counts pertaining to his neglect of 10 dogs. Bitter was breeding bulldogs and the operation got out of control, causing the dogs to suffer from an overwhelming odor of excrement and various untreated medical conditions.
Bittner was sentenced to 5 years of probation, during which time he cannot own, keep, or reside with any animal. He will undergo random inspections by the APL. He must pay $2,785.00 in restitution for the care of the dogs, plus court costs. He was also sentenced to pay $1,500.00 in fines, $1,400.00 of which was suspended. If Bittner fails to comply, he faces 180 days in jail and imposition of the additional fine.