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Form 4549 for Franklin Ohio: What You Should Know

The definition of “hoofed animals” in Chapter 4549, Ohio Revised Code, excludes goats and sheep Chapter 4549, Ohio Revised Code, does not mention “horse-drawn vehicles” Chapter 4549, Ohio Revised Code, only specifies horse-drawn or horse-drawn animal combination in the definition “horse-drawn animals” section. Ohio Revised Code does not define horse-drawn animals. Ohio Revised Code section 4549.15 states:”If an animal is being driven or ridden by a person while driving or riding on a motor vehicle, the animal may remain on the person's vehicle as long as the animal is: a. in a condition to be used as a horse for training purposes; and b. not in actual use as a horse.” In case animal being driven or ridden by a person was NOT being driven or ridden on a motor vehicle, the driving or riding of the animal in “condition to be used as a horse” and “not in actual use” is NOT a violation of Motor Vehicle Code section 4549.15 In fact, Section 5545.10 Ohio Revised Code states “No person shall drive or ride over any railroad track or any street or highway on which a railroad track or street pass or may pass, or move any railroad train or wagon through or upon such a street or highway, without stopping to discharge, as will appear reasonable to the operator, upon entering the street or highway, such animals as may be propelled by human power or by electric power.” Chapter 4549, Ohio Revised Code, does not clarify whether this applies to a street or highway, nor does Chapter 4549, Ohio Revised Code, state whether it applies ONLY to horses or to any other animal. The Ohio Revised Code does not define the term “horse” in section 5545.03 Ohio Revised Code When a person is charged with the crime of driving an animal across a street or highway, it is presumed that the property owner has given the permission or permission shall be considered given “implied consent under section 1189.34”. Ohio Revised Code section 1189.31 defines “roadway” as a “place for travelling over which any highway has been constructed or improved, or over which any road or other highway is maintained.” The Ohio Revised Code does not specifically define the term “roadway”, so the owner of the land on which the roadway is located does not determine whether the owner has given consent to the vehicle to be driven across the property.

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