12/14/2025
Brrrr! Winter's definitely here, so we're sending out a reminder about shelter requirements for animals pursuant to state code!
Ohio Revised Code § 959.131(D)(3) provides that no person who is the custodian or caretaker of a companion animal (primarily cats and dogs) shall negligently do the following:
“impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.”
There is qualifying language to the shelter requirement -- "if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter."
This is a *proactive* statute that can be used in situations where the companion animal is provided with shelter, but that shelter is inadequate considering the extreme temperatures and due to that lack or inadequacy of shelter, the animal could reasonably be expected to suffer. Evidence of suffering is not a necessary element of this crime. The statute provides humane agents (or other law enforcement) with the proactive ability to seize an animal so that the animal does not have to suffer from the lack of adequate shelter.
Adequacy of shelter is entirely dependent on conditions. For example, a prefabricated plastic dog igloo that constitutes sufficient shelter for a healthy Chihuahua on a clear, temperate 65° day will be wholly inadequate for that same dog on a 20° winter day. Shelter must be evaluated in light of conditions that exist at the specific time. Some considerations for humane agents include the adequacy of the shelter in current weather conditions (material used, size, access), any visible signs of suffering (such as “flipper walking” or shivering), the age, health status, and breed/species of the animal, and how long the animal has been confined outside.
Since R.C. § 959.131(D)(3) defines cruelty as the negligent confinement of a companion animal to a shelter in a manner in which it can reasonably be expected that the companion animal would become sick or suffer, and R.C. § 959.132 provides the authority for a humane agent to take possession of an animal cruelly treated, those two statutes authorize a humane agent to rescue animals from such conditions.
While many noncompanion animals, such as livestock, are more weather acclimated, the law does provide that they too need adequate shelter to prevent sickness and suffering. R.C. § 959.13(A)(2).
Moreover, some municipalities have enacted stricter sheltering ordinances or ordinances restricting chaining or tethering that may apply in these circumstances.
Of course, every shelter situation is different and law enforcement should consult with legal counsel and/or veterinary staff as needed.
