State | Definition | Conditions for Owning | Procedure for Determination | Euthanasia Provisions | Penalties |
Alabama | Dangerous dog definition: - Without regard to breed, a dog that has either bitten, attacked, or caused physical injury or serious physical injury or death of a person without justification.
- Police dogs are exempted from this definition.
Ala.Code 2018 § 3-6A-3 | Keeping a dog known to kill: - No person shall keep a dog that is known to kill.
Ala.Code § 3-1-1 | Dangerous Dog Determination: - A person makes a claim that a dog is dangerous and they file a sworn statement before a city magistrate or sheriff.
- An animal control officer initiates a dangerous dog investigation.
- If the animal control officer finds the allegations in the sworn statement to be valid the officer is to file a summons for the owner of the dog with the municipal or district court.
- The dog that is alleged to be dangerous is either impounded at the county pound, an animal shelter, or with a licensed veterinarian.
- The owner of the dog shall be given the opportunity to choose a veterinarian to impound the dog and is liable for all costs and expenses incurred while the dog is impounded.
- If the allegations are unfounded, the officer is to submit the findings to his/her supervisor.
- The county/municipal attorney or municipal prosecutor may file a petition to declare the dog dangerous due to the physical injury, serious physical injury, or death that was caused.
- The dog may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing.
- To declare a dog dangerous, evidence must be presented sufficient to find by a reasonable satisfaction that the dog caused physical injury, serious physical injury, or death without justification.
Ala.Code 2018 § 3-6A-4 | Euthanasia: - If a dog is determined to be dangerous and has caused serious physical injury or death the court shall order the dog to be humanely euthanized.
- If a dog is determined to be dangerous, but has not caused serious physical injury or death the court shall make a determination as to whether the dog has a propensity to cause future serious physical injury or death. If the court determines that a dog has such a propensity it may order the dog to be humanely euthanized or may order the dog to be returned to its owner subject to certain conditions.
Ala.Code 2018 § 3-6A-4 | Penalties: - A person who keeps a dangerous or vicious animal of any kind, and through his negligent management of the animal allows it to break free, is liable to any person damaged personally or in his property as a result
Ala.Code 1975 § 3-1-3 Violations: - Owner is guilty of a Class B felony when a dog that has been previously declared dangerous by the court attacks without justification and causes serious physical injury or death to another person.
- Owner is guilty of a Class C felony when a dog has not been previously declared dangerous by a court and the dog attacks without justification and causes serious physical injury or death and the owner of the dog had knowledge of the dangerous propensities of the dog and recklessly disregarded those propensities.
- Owner is guilty of a Class A misdemeanor when the dog has previously been declared to be dangerous by a court and said dog attacks without justification and causes physical injury.
- Owner is guilty of a Class B misdemeanor when the dog has not previously been declared dangerous by a court and said dog attacks without justification and causes physical injury and the owner had prior knowledge of the dog's dangerous propensities and recklessly disregarded those propensities.
Ala.Code 2018 § 3-6A-5 |
Alaska | Vicious dog definition: - Any dog which unprovoked has ever bitten or attacked a human being
AS § 03.55.020 | | | Euthanasia: - Any person may lawfully kill any vicious or mad dog running at large
AS § 03.55.010 | |
Arizona | Vicious animal definition: - Any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation, or that has been so declared after a hearing before a justice of the peace or a city magistrate
A.R.S. § 11-1001(16)Aggressive dog definition: - Any dog that has bitten a person or domestic animal without provocation or has a known history of attacking persons or domestic animals without provocation
A.R.S. § 11-1014.01(D)(1) | Vicious dog ownership conditions: A.R.S. § 11-1012 Aggressive dog ownership conditions: - Owner is to take reasonable care to prohibit the dog from escaping
- Owner is to take reasonable care to control the dog in a manner that prevents the dog from biting or attacking a person or domestic animal while the dog is off the owner's property
A.R.S. § 11-1014.01 | Vicious animal determination (no provisions listed for aggressive dog): - Officer impounds on probable cause and requests hearing
- The officer or agent who requested the hearing shall serve owner with personal service or leave a copy of the notice with person of suitable discretion
- Justice or city magistrate makes the determination
A.R.S. § 11-1029 | Euthanasia (no provisions listed for aggressive dog:- A justice of the peace or city magistrate may issue an order to destroy a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing
A.R.S. § 11-1014 | Penalties: - Class 2 Misdemeanor
- Owner strictly liable for damage/injury to persons or property
A.R.S. § 11-1019 and A.R.S. § 11-1025 |
Arkansas | | | | | |
California | Potentially dangerous dog definition: - Any dog which, when unprovoked and off owner's property, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury
- Any dog which, when unprovoked, bites a person causing a less severe injury
- Any dog which, when unprovoked and off owner's property, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal
West's Ann. Cal. Food & Agric. Code § 31602 Vicious dog definition: - Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being
- A potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643
West's Ann. Cal. Food & Agric. Code § 31603 | Potentially dangerous dog ownership conditions: - Must be licensed and vaccinated
- Must be registered
- City or county may charge a registration fee
- Must be kept indoors or in a securely fenced yard
- May leave the owner's residence if the dog is restrained by a substantial leash
- Must notify the animal control department of changes in dog's situation in writing within two working days after the changes
West's Ann. Cal. Food & Agric. Code § 31641; West's Ann. Cal. Food & Agric. Code § 31642; West's Ann. Cal. Food & Agric. Code § 31643 Vicious dog ownership conditions: - Judicial authority must impose conditions on ownership if the vicious dog is not to be destroyed
- Any enclosure required must meet requirements of section 31605
West's Ann. Cal. Food & Agric. Code § 31645 | Potentially dangerous or vicious dog determination: - Proper authority petitions court upon probable cause
- Impoundment possible if immediate threat to public safety
- Civil proceeding unless a city or county establishes an administrative hearing
- The evidentiary standard is preponderance of evidence
- The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition
- The hearing shall be held promptly between 5 to 10 working days after service of notice upon the owner or keeper of the dog
- Jury is not available
- Owner notified of determination in writing
- May appeal the decision 5 days after the receipt of the notice of determination
- Appeal hearing shall be de novo, and without a jury
- The determination of the court hearing the appeal shall be final and conclusive upon all parties
West's Ann. Cal. Food & Agric. Code § 31621, et seq | Euthanasia: - A dog determined to be a vicious dog may be destroyed if it is found that the release of the dog would create a significant threat to the public health, safety, and welfare
West's Ann. Cal. Food & Agric. Code § 31645 | Penalties: - Any violation involving a potentially dangerous dog shall be punished by a fine not to exceed $500
- Any violation involving a vicious dog shall be punished by a fine not to exceed $1,000
- Owner of a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having custody of any dog for a period of up to three years
West's Ann. Cal. Food & Agric. Code § 31646 & West's Ann. Cal. Food & Agric. Code § 31662 |
Colorado | Dangerous dog definition: - Engages in or is trained for animal fighting
- Inflicts bodily or serious bodily injury or death of person or domestic animal
- Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal
Crime: A person commits ownership of a dangerous dog if such person owns, possesses, harbors, keeps, has a financial or property interest in, or has custody or control over a dangerous dog. C. R. S. A. § 18-9-204.5(3)(a) | Dangerous dog ownership conditions: - Confine dog in an enclosure
- Immediately report changes in the dog's situation
- Get the dog a microchip implantation
- Pay a microchip license fee
- Notify in writing any provider of service or treatment that the dog has been subject of a conviction of a violation of this statute
- Disclose in writing to a prospective owner that the dog has been the subject of a conviction of a violation
C. R. S. A. § 18-9-204.5(3)(e.5) | Civil action may be bought against dog owners:- A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner
C.R.S.A. § 13-21-124 | Euthanasia: | Penalties: - Ownership of a dangerous dog can be punished by a class 1 misdemeanor to a class 5 felony
- Restitution may be ordered for the injured or dead domestic animal, for the property damage caused by the dog, and for title 16 provisions that govern restitution
C. R. S. A. § 18-9-204.5(e) and (f) |
Connecticut | | | | | |
Delaware | Dangerous dog definition: - Any dog that the Justice of the Peace Court declares to be dangerous.
16 Del.C. §§ 3071F(3)
Potentially dangerous dog definition: - Any dog that the Justice of the Peace Court declares to be potentially dangerous.
16 Del.C. §§ 3071F(9) | Dangerous dog ownership conditions: - The dog must be neutered or spayed.
- The dog owner procures and maintains liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog.
- The dog is confined by its owner within a proper enclosure, and whenever outside of the proper enclosure the dog is securely muzzled and restrained by a substantial chain or leash, not exceeding 6 feet, and under the control of a responsible adult, or caged.
- The dog owner displays, in a conspicuous manner, a sign on the owner's premises warning that a dangerous dog is on the premises. The sign shall be visible and legible from the public highway or 100 feet, whichever is less.
- The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or another domestic animal, has been moved to another address, or dies.
- The owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.
16 Del.C. §§ 3076F(b)
Potentially dangerous dog ownership conditions: The dog is spayed or neutered, provided the Justice of the Peace Court ordered the spaying or neutering as part of its decision in declaring the dog to be potentially dangerous. While on the dog owner's property, the dog is kept indoors or within a securely fenced yard from which it cannot escape. When off the owner's premises, the dog is restrained by a substantial chain or leash, not exceeding 6 feet, and is under the physical control of a responsible adult. The owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case. - No dog may be declared potentially dangerous based solely on the dog's breed or perceived breed.
16 Del.C. §§ 3077F(a)
| Dangerous dog and potentially dangerous dog determination: - Dogs suspected to be dangerous or potentially dangerous are impounded by Animal Control
- In order for a dog to be suspected of being dangerous or potentially dangerous the officer must have reasonable cause to believe that the dog has engaged in one or more of the following:
- killed and inflicted physical injury or serious physical injury upon a human being;
- killed or inflicted serious physical injury upon a domestic animal while the domestic animal is on the property or under the control of its owner;
- chased or pursued a person upon streets/ public or private property in an apparent attitude of attack on 2 separate occasions within a 12 month period; or
- caused physical injury to a domestic animal while the domestic animal was on the property of or under the immediate control of its owner on more than one occasion in a 12 month period.
- The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. The department may dispose of the dog if the owner cannot be identified within 5 days.
- The Department shall file a civil action with the Justice of the Peace Court within 5 business days after impoundment of the dog and identification of the dog's owner and notice to the owner.
- The Justice of the Peace Court shall hold a hearing under this subsection within 30 days of the Department filing of a civil action.
- If the dog owner fails to appear for the hearing, the Justice of the Peace Court shall enter a default judgment and if no motion to vacate the judgment is filed within 10 days, the dog will be disposed of.
6 Del.C. §§ 3073F Determination of a dangerous dog: 16 Del.C. §§ 3076F(a) Determination of a potentially dangerous dog: - The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has done any of the following:
- attacked or inflicted physical injury upon a human being;
- attacked or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner;
- chased or pursued a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack on 2 separate occasions within a 12-month period; or
- caused physical injury to a domestic animal on more than one occasion in a 12-month period, provided the domestic animal was on the property of its owner or under the immediate control of its owner.
16 Del.C. §§ 3077F(c) | Euthanasia: - If the dog is classified as dangerous, the Panel may order the dog euthanized. 16 Del.C. §§ 3081F(a)
- If an owner cannot be found within 5 days, the Animal Control can destroy the dog. 16 Del.C. §§ 3073F(b)
- While a dog is impounded, if the owner does not reimburse the Department for such costs, the ownership of the dog reverts to the Department and the dog may be disposed of by euthanasia. 16 Del.C. §§ 3078F
- Mandatory destruction of the declared dangerous dog if the dog kills, attacks or inflicts physical injury or serious physical injury, without provocation upon a human being or domestic animal. 16 Del.C. §§ 3079F(d)
| Penalties: - Fines range from $50 to $2,000 depending on the offense and whether or not it is a subsequent offense
16 Del.C. §§ 3079F |
D.C. | Dangerous dog definition: - Without provocation, causes a serious injury to a person or domestic animal; or
- Without provocation, engages in behavior described in paragraph (4)(A)(i) after dog is determined to be a potentially dangerous dog
DC ST § 8-1901(1)(A) Potentially dangerous dog definition: - Without provocation, chases or menaces a person or domestic animal in an aggressive manner, causing an injury to a person or domestic animal that is less severe than a serious injury.
- In a menacing manner, approaches without provocation any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of human beings or domestic animals.
- Is running at-large and has been impounded by an animal control agency 3 or more times in the District within any 12-month period.
DC ST § 8-1901(4)(A) | Dangerous and potentially dangerous dog ownership conditions: - Must register the dangerous or potentially dangerous dog
- Must leash a potentially dangerous dog if outside proper enclosure
- Must keep a dangerous dog exclusively on the owner's property except for medical treatment or examination
- Must notify the mayor within 24 hours if there has been a change in circumstances with a potentially dangerous dog or dangerous dog
- Must comply with special security requirements the Mayor may establish
- Owner of a potentially dangerous dog must be 18 years old
- Potentially dangerous dog must be spayed or neutered
- A valid license must be issued for a potentially dangerous dog
- A potentially dangerous dog must have current vaccinations
- A potentially dangerous dog must have a proper enclosure
- A potentially dangerous dog must be microchipped
- Must have permission of property owner or homeowner's association to keep a potentially dangerous dog or a dangerous dog on the property
- Owner of a dangerous dog must post a sign
DC ST § 8-1903; DC ST § 8-1904; DC ST § 8-1905 | Potentially dangerous or dangerous dog determination: - Mayor investigates and determines
- Mayor provides notice of the determination via mail, posting, personal service
- Mayor may impound the dog pending final disposition of the case
- The hearing must be held not less than 5, but not more than 10 days after service of notice of the hearing upon the owner.
- Within 5 days after the hearing the mayor shall notify the owner in writing of the determination of the hearing officer.
- Owner may appeal determination in the Superior Court of the District of Columbia within 5 days of the issuance of the order.
- A court order vacating the determination does not prevent the mayor from later determining that the dog is potentially dangerous or dangerous or poses a threat to public safety, based on the subsequent behavior of the dog.
DC ST § 8-1902 | Euthanasia: The Mayor may humanely destroy a dog if: - (1) The dog has been determined to be a threat to public safety if it is returned to the owner;
- (2) The owner fails to comply with the registration requirements of § 8-1904, the requirements of § 8-1905, or any special security or care requirements established by the Mayor;
- (3) The owner fails to reimburse the animal control agency for the costs and expenses of the dog's impoundment as required by § 8-1902(d)(2); or
- (4) The owner forfeits the dog for humane destruction
DC ST § 8-1903 | Penalties: - Misdemeanor, imprisonment, and fines for violating ownership conditions
- Up to $10,000 in fines for a potentially dangerous or dangerous dog that injures or kills a human or domestic animal
- A violation of this chapter shall be a civil infraction
DC ST § 8-1906 |
Florida | Dangerous dog definition: - Aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property
- Has more than once severely injured or killed a domestic animal while off the owner's property
- Has, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack
West's F. S. A. § 767.11 | Dangerous dog ownership conditions: - Must be registered and may have to pay a registration fee
- Owner must be 18 years of age
- Dog must have current rabies vaccinations
- Must confine dog in a proper enclosure
- Must post a warning sign
- Must identify the dog with a tattoo or microchip
- Must notify the proper authorities if the dog's circumstances change
- Must provide the proper authorities with a new owner's information if the dog is sold
- Must not permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a leash; unless the dog is exercised in a securely fenced or enclosed area; or unless the dog is safely and securely restrained in a vehicle
West's F.S.A. § 767.12 | Dangerous dog determination: - Animal control investigates reported incidents involving any dog that may be dangerous
- Animal control makes a determination and allows owner the opportunity for a hearing
- Animal control notifies owner in writing of determination
- Owner may request a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding
- Each applicable local governing authority shall establish hearing procedures
- Written notification once dog is classified
- Owner may file a written request for appeal after receipt of written determination
West's F.S.A. § 767.12 | Euthanasia:- Previously declared dangerous and bites or attacks a person or animal without provocation will be destroyed 10 days after written notification if no appeal
- Previously declared dangerous and attacks and causes severe injury or death to a person will be destroyed 10 days after written notification if no appeal
- Not previously declared dangerous and attacks and causes severe injury or death to a person will be destroyed 10 days after written notification if no appeal
West's F.S.A. § 767.13; West's F.S.A. § 767.135 | Penalties:- Noncriminal infraction for violating ownership conditions
- First degree misdemeanor when previously declared dangerous dog attacks or bites a person or domestic animal
- Second degree misdemeanor when dog that has not been declared dangerous attacks and causes severe injury to, or the death of, a human, and owner had prior knowledge of dog's propensities
- Third degree felony when previously declared dangerous dog attacks and causes serious injury or death to a person
West's F.S.A. § 767.12; West's F.S.A. § 767.13; West's F.S.A. § 767.136 |
Georgia | Classified dog definition: - Any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article
Ga. Code Ann., 4-8-21(a)(1) Dangerous dog definition: - Any dog that causes a substantial puncture of a person's skin by teeth without causing serious injury
- Any dog that aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs
- While off the owner's property, kills a pet animal
Ga. Code Ann., 4-8-21(a)(2)Vicious dog definition: - A dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack
Ga. Code Ann., 4-8-21(a)(6) | Dangerous and vicious dog ownership conditions: - Owner must be 18 years old
- Owner of a dangerous or vicious dog must have a certificate; only one certificate per domicile
- No certificate of registration shall be issued to any person who has been convicted of two or more violations of article 2
- Owner must notify the dog control officer within 24 hours if the dog is loose, has attacked, or has died
- Dog must remain on the premises unless the dog is on a leash and is under the immediate physical control of a capable person; the dog is in a closed or locked crate or cage; or the dog is working or training as a hunting, herding, or predator control dog
- Owner must register the dog in new jurisdiction if the owner moves
Dangerous dog ownership conditions: - Owner of a dangerous dog must have a secure enclosure for the dog and post warning signs in order to obtain a certificate
Ga. Code Ann., § 4-8-27; Ga. Code Ann., § 4-8-28; Ga. Code Ann., § 4-8-29 Vicious dog ownership conditions: - Owner of a vicious dog must have a secure enclosure for the dog, post warning signs, obtain liability insurance, and microchip the dog in order to obtain a certificate
- No person shall be the owner of more than one vicious dog
- No certificate of registration for a vicious dog shall be issued to any person who has been convicted of a serious violent felony; the felony of dogfighting; the felony of aggravated cruelty to animals; or a felony involving trafficking illegal drugs
- A vicious dog cannot be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized
Ga. Code Ann., § 4-8-27; Ga. Code Ann., § 4-8-28; Ga. Code Ann., § 4-8-29 | Dangerous or vicious dog determination: - Dog control investigates upon receiving a report and makes a determination
- The dog control officer can immediately impound a dog if the officer believes the dog poses a threat to the public safety
- Dog control officer mails notice within 72 hours of determination with a form to request a hearing
- The owner must request hearing within 7 days of date shown of notice, otherwise the determination is effective
- At least ten days prior to the hearing, the animal control board, local board of health, or probate court conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing
- Owner mailed written notice of determination within 10 days after hearing, effective
- Judicial review of the animal control board or local board of health's final decision may be had in accordance with Code Section 15-9-30.9. Judicial review of a probate court's final decision shall be in accordance with Code Section 5-3-2 and costs shall be paid as provided in Code Section 5-3-22
Ga. Code Ann., § 4-8-23
| Euthanasia: - Judge may order euthanasia if the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and:
- The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or
- Any local governmental authority has filed with the court a civil action requesting the euthanization of the dog
- A dog that is found to have caused a serious injury to a human on more than one occasion shall be euthanized
- Dog may be euthanized if owner does not comply with ownership conditions
Ga. Code Ann., § 4-8-25, Ga. Code Ann., § 4-8-26, & Ga. Code Ann., § 4-8-30 | Penalties:- A dangerous dog or vicious dog shall be immediately confiscated by any dog control officer or by a law enforcement officer in the case of any violation of this article
- Any person who violates any provision of this article shall be guilty of a misdemeanor
- Misdemeanor if the dangerous or vicious dog is outside of a secure enclosure and is not muzzled and restrained by a leash or in a closed and locked crate or cage.
- Felony, $5,000 - $10,000 in fines, and/or 1 to 5 years imprisonment when an owner with a previous conviction for a violation of this act whose classified dog causes serious injury to a human being
Ga. Code Ann., § 4-8-29 and Ga. Code Ann., § 4-8-32 |
Hawaii | | Ownership conditions: - If any dog while on private property without the consent of the owner of that property injures or destroys any sheep, cattle, goat, hog, fowl, or other property belonging to any person other than the owner of the dog the owner shall confine or destroy the dog.
H R S § 142-74 | Dangerous dog determination: - Whenever a dog has bitten a human on at least two separate occasions for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial district in which the owner resides to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by such animal.
- The Court may make any order it deems appropriate to prevent the recurrence of such an incident, including but not limited to the removal of the animal from the area or its destruction by its owner. In making its decision, the court may consider:
- The vicious or dangerous propensities of the animal;
- The ability of the owner to adequately confine or remove the animal; and
- The necessity of any destruction of an animal in light of the health, safety, and welfare of the community.
H R S § 142-75 | Euthanasia: The Court may order it necessary to destroy an animal in light of the health, safety, and welfare of the community. H R S § 142-75 | |
Idaho | Dangerous Dog Definition: - Any dog that without justified provocation has inflicted serious injury on a person.
- Has been previously found to be at risk and thereafter bites or physically attacks a person without justified provocation.
At-Risk Dog Definition: - Any dog that without justified provocation bites a person without causing a serious injury as defined in this section.
I.C. § 25-2810 | Dangerous Dog Ownership Conditions: - When outdoors the dog shall be confined to a secure, locked enclosure from which it cannot escape and that unauthorized persons are prevented from accidental entry, and for which entrance and exit are controlled by the owner of the premises or owner of the dog.
- When off the property, the dog shall be kept on a secure leash by a competent adult physically capable of controlling the dog. Court has discretion to require the dog to wear a muzzle.
- Dog shall be permanently identified by means of a color photograph in a file maintained by the court.
- Dog as must be microchipped.
- Owner must provide access to the dog to any agency or local law enforcement entity for the purposes of verifying the microchip implantation.
- The premises on which the dog is kept shall be posted with clearly visible signs stating "Beware of Dog" and may also require posting of signs with a warning symbol that informs children of the presence of a dog that may be dangerous. Signs must be visible from the roadway.
I.C. § 25-2810 | Dangerous dog determination: - A petition for a court to declare a dog dangerous or at-risk may be brought by:
- Any person who has been bitten or physically attacked by the dog;
- A parent or guardian of any minor who has been bitten or physically attacked by the dog; or
- A county or city prosecuting attorney.
- No dog shall be declared dangerous or at-risk if the cause of the injury or damage constituted justified provocation (as listed in the law).
- During the pending petition to have a dog declared dangerous or at-risk, law enforcement has the responsibility of controlling such dogs and are authorized to take such dogs into custody and place it in a suitable place at the owner's expense.
I.C. § 25-2810 | Euthanasia: - If a dog is found to be dangerous under this act, the court may order the dog to be humanely put to death.
I.C. § 25-2810 | Penalties:- First violation of section 25-2810(8) is a misdemeanor punishable by a fine not less $200 and not more $500.
- A second violation within five years is a misdemeanor punishable by a jail sentence of not more than 6 or a fine of not less than $500 and not more than $7,000.
- A third violation within fifteen years of the first conviction is a misdemeanor punishable by a jail sentence of not more than 12 months or by a fine of not less than $500 and not more than $9,000.
I.C. § 25-2811 |
Illinois | Potentially dangerous dog definition: - A dog that is unsupervised and found running at large with 3 or more other dogs
510 ILCS 5/2.17c Dangerous dog definition: - Any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal
- A dog that, without justification, bites a person and does not cause serious physical injury
510 ILCS 5/2.05a Vicious dog definition: - A dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon 3 separate occasions
510 ILCS 5/2.19b | Potentially dangerous dog ownership conditions: - Must be spayed or neutered and microchipped
510 ILCS 5/15.4 Dangerous dog ownership conditions: - Owner must pay a $50 public safety fine
- Dog must be spayed or neutered and microchipped
- One or more of the following:
- Evaluation of the dog by a certified applied behaviorist or
- Direct supervision by an adult 18 years of age or older whenever the animal is on public premises
- Dog may be ordered to be muzzled whenever on public premises
510 ILCS 5/15.1(d) Vicious dog ownership conditions: - Owner must pay $100 public safety fine
- Dog must be spayed or neutered and microchipped
- Dog is subject to an enclosure
- Failure to comply with the above requirements means the animal control agency will impound the dog and the owner will pay a $500 fine plus impoundment fees
- Vicious dogs are only allowed outside of their enclosures for veterinarian visits, court, or natural disasters. In which case, the dog must be muzzled, leashed, and under the owner's control
510 ILCS 5/15 | Potentially dangerous dog determination: - Dogs are deemed a potentially dangerous dog by the animal control warden or administrator.
- The designation of “potentially dangerous dog” shall expire 12 months after the most recent violation of this Section
510 ILCS 5/15.4 Dangerous dog determination: - After a thorough investigation, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous"
- No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of evidence
510 ILCS 5/15.1 Appeal dangerous dog determination to Circuit Court: See 510 ILCS 5/15.3 Appeal of dangerous dog determination to Illinois Department of Agriculture: See 510 ILCS 5/15.3 Vicious Dog determination: - The Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the States Attorney's Office and the owner
- Administrator, State's Attorney, Director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog
- Must prove the dog is a vicious dog by clear and convincing evidence
510 ILCS 5/15 | Euthanasia:- Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded. If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 15 working days, the dog may be euthanized
- The judge has the discretion to order a vicious dog be euthanized
510 ILCS 5/15 | Penalties:- Class C Misdemeanor for any person violating or aiding in or abetting the violation of any provision of this Act, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this Act, or resisting, obstructing, or impeding the Administrator or any authorized officer in enforcing this Act, or refusing to produce for inoculation any dog in his possession, or who removes a tag from a dog for purposes of destroying or concealing its identity
- Class B misdemeanor for a subsequent offense of the above crime
- Class 3 felony if the owner of a vicious dog fails to maintain or keep the dog in an enclosure or fails to sterilize the dog within the specified timeframe; and if the dog inflicts serious physical injury upon a person or causes the death of another person.
- Class 2 felony, same as Class 3 felony listed above, but the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure
- Class 3 felony if the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person
- Class 4 felony if the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious physical injury on a person or a companion animal
510 ILCS 5/26 |
Indiana | | | | | |
Iowa | | | | | |
Kansas | | | | | |
Kentucky | Vicious dog definition: - A dog that has viciously and without cause, attacked a human being when off the premises of the owner or keeper
KRS § 258.235 | Vicious dog ownership conditions: - Dog must be confined in a locked enclosure at least seven (7) feet high or in a locked kennel run with a secured top
- Dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter
- The dog must be muzzled when leaving the enclosure
KRS § 258.235 | Vicious dog determination: - Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court
- A copy of the complaint shall be served upon the person
- Failure of dog owner to appear or if the court finds the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper results in penalties
KRS § 258.235
| Euthanasia: - If an owner does not show for a hearing and the court determines that person owns the dog and has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the court may order the dog euthanized
- Any vicious dog found running at large may be killed by any animal control officer or peace officer without liability for damages for the killing
KRS § 258.235 | Penalties:- Any person violating or failing or refusing to comply with KRS § 258.235, except KRS 258.235(5)(a), shall, upon conviction, be fined between $5 - $100, or be imprisoned in the county jail between 5 to 60 days, or both
- Any person violating KRS 258.235(5)(a) shall be punished by a fine between $50 to $200, or by imprisonment in the county jail between 10 to 60 days, or both
KRS § 258.990(b) |
Louisiana | Dangerous dog definition: - Any dog which when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or
- Any dog which, when unprovoked, bites a person causing an injury; or
- Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog
LAS-R.S. 14:102.14 Vicious dog definition: - Any dog which, when unprovoked, in an aggressive manner, inflicts serious bodily injury on or kills a human being and was previously determined to be a dangerous dog
LAS-R.S. 14:102.15 | Dangerous dog ownership conditions: - Dog must be properly restrained or confined
- Dog must be kept indoors or in a secure enclosure
- Dog must be leashed when off owner's property
- Dog must be licensed, vaccinated, and registered
- Municipality or parish may charge a dangerous dog fee
- Owner must post warning signs
- Owner must notify the animal control agency about a change in the dog's circumstances
LAS-R.S.14:102.14 & LA-R.S. 102.17 Vicious dog ownership conditions: - Unlawful to own a vicious dog; the dog will be euthanized
LAS-R.S.14:102.15 | Dangerous or vicious dog determination:- District attorney, sheriff, or animal control request a hearing in District Court
- Upon the filing of the petition, the district judge shall immediately issue a rule on the owner of the dog to show cause why the dog should not be declared a dangerous or vicious dog.
- The court shall determine whether the dog is dangerous or vicious and may make other orders authorized by this section.
- The owner of the dog may appeal to the court of competent jurisdiction an order of the district court determining the dog to be dangerous or vicious.
LA-R.S.14:102.13 | Euthanasia:- The district attorney, the sheriff, an animal control officer, or other designated representative can file a petition in the district court to request a hearing for the purpose of determining whether or not a dog which causes the death of or inflicts bodily injury on a human being will be euthanized
LAS-R.S. 14:102.18- In every case where the dog is established to be a vicious dog, the court shall enter an order for the dog to be humanely euthanized
LA-R.S.14:102.16- A dog determined by the court to be a dangerous dog may be humanely euthanized if it is determined that the dog poses an immediate threat to public health and safety
LA-R.S.14:102.13 | Penalties: - Owner of a dog deemed vicious may be prohibited from owning a dog for 3 Years
- Whoever owns a vicious dog shall be fined up to $500 or imprisoned for up to six months, or both
- Whoever violates the provisions of owning a Dangerous Dog shall be fined up to $300
LAS-R.S. 14:102.14. and LAS-R.S. 14:102.15. |
Maine | Dangerous dog definition: - A dog or wolf hybrid that causes death or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury or death.
- A dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal.
- A dog or wolf hybrid that inflicts bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury and has been previously been determined by a court of competent jurisdiction to be a nuisance dog.
7 M.R.S.A. § 3907 | Dangerous dog ownership conditions: - The dog must be confined in a secure enclosure
- The court shall specify the length of the period of confinement and may order permanent confinement
- The dog must be muzzled and leashed when off premises
- Court may order the owner to provide an animal control officer with photographs and descriptions of the dog
- Court may order the dog tattooed or microchipped
- Court may order other dogs confined or kept on owner's premises.
- Court may order the dog to be spayed or neutered.
- Court may order the owner or keeper of the dog to obtain a minimum of $100,000 in liability insurance for the life of the dog.
- Court may order the owner or keeper of the dog to have the dog evaluated by a canine behaviorist or certified dog trainer and to attend training classes.
- The Court may order the owner or keeper of the dog to immediately notify the sheriff, local law enforcement, or an animal control officer, if the dog escapes.
7 M.R.S.A. 3952; 7 M.R.S.A. 3952-A | Dangerous Dog determination:- Victim makes a complaint to law enforcement within thirty (30) days of the assault.
- Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog
- A hearing commences and the court determines whether the dog is dangerous.
7 M. R. S. A. § 3952 | Euthanasia:- If, upon hearing, the court finds that the dog is a dangerous dog, the court shall impose a fine and shall order the dog to be euthanized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault or a prior finding by the court of being a dangerous dog
7 M. R. S. A. § 3952 | Penalties: - A person who owns or keeps a dangerous dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $1,000, plus costs, none of which may be suspended
- The court may order restitution for any damages inflicted upon a person or a person's property
- If a dog, whose owner or keeper refuses or neglects to comply with the order, wounds any person by a sudden assault or wounds or kills any domestic animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action.
- If the owner refuses or neglects to comply with an order, the owner commits a Class D crime. The court, as part of the judgment, may prohibit a person convicted under this subsection from owning or possessing a dog or having a dog on that person's premises for a period of time. The prohibition may be permanent
7 M. R. S. A. § 3952 |
Maryland | Potentially dangerous dog definition: - The dog has inflicted a bite on a person while on public or private real property; when not on its owner's real property, has killed or inflicted severe injury on a domestic animal; or has attacked without provocation
MD Code, Criminal Law § 10-619(c)(1) Dangerous dog definition: - A dog that without provocation has killed or inflicted severe injury on a person; or
- A dog that without provocation is determined by the appropriate unit of a county or municipal corporation to be a potentially dangerous dog and, after the determination is made: bites a person; when not on its owner's real property, kills or inflicts severe injury on a domestic animal; or attacks without provocation.
MD Code, Criminal Law § 10-619 (a)(1) | Dangerous dog ownership conditions: - Dog owner may not leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors; in a securely enclosed and locked pen; or in another structure designed to restrain the dog
- Dog must be muzzled and leashed when off owner's property
- If the owner wishes to sell the dog, the owner must give notice to potential owner of the dog's dangerous or potentially dangerous behavior. The owner must also notify the authority that made the determination of the sale
MD Code, Criminal Law § 10-619 | Potentially dangerous dog determination: - An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit finds that the dog:
- has inflicted a bite on a person while on public or private real property;
- when not on its owner's property, has killed or inflicted severe injury on a domestic animal; or
- has attacked without provocation.
- Must notify the dog owner in writing of the reasons for this determination
MD Code, Criminal Law, § 10-619 Dangerous dog determination: None listed MD Code, Criminal Law, § 10-619 | Euthanasia: None listed | Penalties:- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500
MD Code, Criminal Law, § 10-619 |
Massachusetts | Dangerous dog definition: - A dog that without justification, attacks a person or domestic animal causing physical injury or death; or
- A dog that behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal
M.G.L.A. 140 § 136A Nuisance dog definition:
- A dog that by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or
- A dog that by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or
- A dog that has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances.
M.G.L.A. 140 § 136A | Dangerous dog ownership conditions: If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following: - The dog be humanely restrained
- The dog be confined to the premises of the owner
- The dog be muzzled and leashed when not on owner's premises
- The owner provides proof of insurance
- The owner provides the licensing authority or animal control information by which the dog can be identified
- The dog to be sterilized or euthanized
- Ownership of the dog may not be transferred unless potential owner is aware of dog's dangerousness
- No person over the age of 17 who has actual knowledge that a dog has been deemed dangerous shall permit a child under the age of 17 to own, possess or have the care or custody of such dog
M.G.L.A. 140 § 157; M.G.L.A. 140 § 157A | Nuisance or dangerous dog hearings- Anyone can file a complaint with the hearing authority
- Complaint investigated by the hearing authority
M.G.L.A. 140 § 157 Appealing Hearing Authority's decision - Within 10 days after an order was issued, the owner or keeper of a dog may bring a petition in the district court
- After notice to all parties, the magistrate shall, review the order of the hearing authority
- Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties
M.G.L.A. 140 § 157 | Euthanasia: - The hearing authority may order that the dog be humanely euthanized
- Any police officer, constable or dog officer shall kill a dog which the selectmen of a town, chief of police of a city, or the county commissioners, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care, and may kill a dog which is living in a wild state
M.G.L.A. 140 § 157;M.G.L.A. 140 § 158 | Penalties: - If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment
M.G.L.A. 140 § 157- Up to $500 in fines, up to 60 days in jail or house of correction , or both for failing to comply with an order of a hearing authority or district court on a first offense
- For a second or subsequent offense by a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction
M.G.L.A. 140 § 157A
- If a hearing authority or a district court has deemed a dog to be a dangerous dog and such dog wounds a person or worries, wounds or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort to the person injured by the dog for 3 times the amount of damages sustained by such person
M.G.L.A. 140 § 159
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Michigan | Dangerous animal definition: - A dog or other animal that bites or attacks a person, or
- A dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner.
MCLA 287.321 | Dangerous animal ownership conditions: If the court or magistrate finds that an animal is a dangerous animal but has not caused serious injury or death to a person, the court or magistrate shall order the owner of that animal to do 1 or more of the following: - Have the dog tattooed
- Take specific steps, such as escape proof fencing or enclosure, including a top or roof, to ensure that the animal cannot escape or nonauthorized individuals cannot enter the premises
- Have the animal sterilized
- Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal
- Take any other action appropriate to protect the public
MCLA 287.322 | Dangerous animal determination:- Court issues a summons upon a sworn complaint
- Animal confiscated until a decision is made
- Order for destruction of the animal if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog
- Order for owner to follow restrictions if the dog is found dangerous but has not caused serious injury or death to a person
MCLA 287.322 | Euthanasia:- After a hearing, the magistrate or court shall order the destruction of the animal, at the expense of the owner, if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog
- After a hearing, the court may order the destruction of the animal, at the expense of the owner, if the court finds that the animal is a dangerous animal that did not cause serious injury or death to a person but is likely in the future to cause serious injury or death to a person or in the past has been adjudicated a dangerous animal
MCLA 287.322 | Penalties:- Involuntary Manslaughter if dangerous animal kills a person
- Felony, not less than $2,000 in Fines, up to 4 years Imprisonment, and/or not less than 500 hours of Community Service for serious injury other than death to a person
- Misdemeanor, up to $500 in Fines, up to 90 days Imprisonment, and/or not less than 240 hours of Community Service for a dog attacking and biting a person that causes an injury
- Misdemeanor, not less than $250 in Fines, up to 90 days Imprisonment, and/or not less than 240 hours of Community Service if dangerous animal found at large
- The court may order a person convicted under this section to pay the costs of the prosecution
MCLA 287.323 |
Minnesota | Dangerous dog definition: - Any dog that has without provocation, inflicted substantial bodily harm on a human being on public or private property;
- Any dog that has killed a domestic animal without provocation while off the owner's property; or
- Any dog that has been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals
Potentially dangerous dog definition: - Any dog that when unprovoked, inflicts bites on a human or domestic animal on public or private property;
- Any dog that when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack; or
- Any dog that when has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals
M.S.A. § 347.50 | Potentially dangerous dog ownership conditions: - Must implant a microchip in the dog
M.S.A. 347.515- Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs
M.S.A. 347.53. Dangerous dog ownership conditions: - Must have a surety bond issued of at least $300,000, payable, or a policy of liability insurance of at least $300,000
- Must be kept in a proper enclosure
- Must pay a registration fee of up to $500
- Must display a warning sign
- Must wear an identifiable tag
M.S.A. 347.51 - Must disclose, if the dangerous dog owner rents property, to the landlord that the person owns a dangerous dog that will reside at the property
- If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person
- Must register the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a dangerous dog in its new jurisdiction.
- Must notify animal control if there is a change in the dog's circumstances
- Must notify the new owner that the animal control authority has identified the dog as dangerous
M.S.A. 347.52 - Must implant a microchip in the dog
M.S.A. 347.515
| Potentially dangerous dog determination: None listed Dangerous dog determination: - The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer
- The authority declaring the dog dangerous shall give notice of this section
- The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing.
- The hearing officer shall issue a decision on the matter within ten days after the hearing
- The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy must be provided to the animal control authority.
M.S.A. § 347.541 - Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation
M.S.A. § 347.51 | Euthanasia:- Mandatory euthanization for conviction of subsequent violations
M.S.A. 347.54 A dog may be destroyed in a proper and humane manner by the animal control authority if the dog: - inflicted substantial or great bodily harm on a human on public or private property without provocation;
- inflicted multiple bites on a human on public or private property without provocation;
- bit multiple human victims on public or private property in the same attack without provocation; or
- bit a human on public or private property without provocation in an attack where more than one dog participated in the attack
M.S.A. 347.56 | Penalties:- remove a microchip from a dangerous or potentially dangerous dog
- to fail to renew the registration of a dangerous dog
- to fail to account for a dangerous dog's death or change of location where the dog will reside
- to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside
- to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property
- Gross misdemeanor for second or subsequent violation of the above provisions.
- An owner who violates section 347.542, subdivision 1, is guilty of a gross misdemeanor
- Any household member who knowingly violates section 347.542, subdivision 2, is guilty of a gross misdemeanor
M.S.A. 347.55 |
Mississippi | | | | | |
Missouri | | | | | |
Montana | Vicious dog definition: - Vicious dog is defined as one which bites or attempts to bite any human being without provocation or which harasses, chases, bites, or attempts to bite any other animal
MCA 7-23-2109 | Dangerous dog ownership conditions: Places this power with the state's counties | Dangerous dog determination: Places this power with the state's counties | Euthanasia: Places this power with the state's counties | Penalties: Places this power with the state's counties - A violation of any ordinance established shall be a misdemeanor.
MCA 7-23-2109 |
Nebraska | Potentially dangerous dog definition: - Any dog that when unprovoked inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or
- Any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals
Neb.Rev.St. § 54-617(7) Dangerous dog definition: A dog that, according to the records of an animal control authority: - has killed a human being;
- has inflicted injury on a human being that requires medical treatment;
- has killed a domestic animal without provocation; or
- has been previously determined to be a potentially dangerous dog by an animal control authority the owner has received notice of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals
Neb.Rev.St. § 54-617 | Potentially dangerous dog ownership conditions: No restrictions listed Dangerous dog ownership conditions: - Must securely confine a dangerous dog while the dog is unattended on the owner's property
- Must post warning signs on the property
- Must sterilize the dog
- Must implant a microchip on the dog
- Must securely restrain the dog by a chain or leash when off the owner's property
- Must not transport such dog or permit such dog to be transported to another county, city, or village in this state, unless for a reasonable veterinary purpose
- If moving, must obtain written permission prior to such relocation from the animal control authority of the county, city, or village in which the owner resides and from the county, city, or village in which the owner will reside
Neb.Rev.St. § 54-618 & Neb.Rev.St. § 54-619 | Potentially dangerous dog determination: None listed Dangerous dog determination: - Relies on Animal Control records to make a determination
Neb.Rev.St. § 54-617 | Euthanasia: - In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner
- If a dangerous dog of an owner with a prior conviction under sections 54-617 to 54-624 attacks or bites a human being or domestic animal, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner
Neb.Rev.St. § 54-621 and Neb.Rev.St. § 54-623 | Penalties: - Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of sections 54-617 to 54-624
- Any owner convicted of a violation of sections 54-617 to 54-624 shall not own a dangerous dog within 10 years after such conviction. Violation of this is a Class IIIA misdemeanor
- Class I misdemeanor for dangerous dog inflicting serious bodily injury on a human
- Class IV felony for a dangerous dog's subsequent serious bodily injury on a human
- Class IIIA misdemeanor for a dangerous dog attacking or biting a human being or domestic animal
Neb.Rev.St. § 54-622; Neb.Rev.St. 54-622.01.; and Neb.Rev.St. § 54-623 |
Nevada | Dangerous dog definition: - A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper; or
- A dog is dangerous if without provocation, on two separate occasions within 18 months, it behaved menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog was off the premises of its owner or keeper; or not confined in a cage, pen or vehicle
Vicious dog definition: - A dog is vicious if without being provoked, it killed or inflicted substantial bodily harm upon a human being; or
- A dog is vicious after its owner or keeper had been notified by a law enforcement agency that the dog is dangerous, the dog continued the behavior that designated the dog dangerous
N. R. S. 202.500 | Dangerous dog ownership conditions: No restrictions listed Vicious dog ownership conditions: Prohibited from owning a vicious dog N. R. S. 202.500 | Dangerous dog determination: None listed | Euthanasia:
- If substantial bodily harm results from an attack by a dog known to be vicious, the judge may order the vicious dog to be humanely destroyed
N. R. S. 202.500 | Penalties:- Misdemeanor for keeping or knowingly owning a vicious dog
- Category D felony for substantial bodily harm resulting from an attack by a dog known to be vicious
N. R. S. 202.500 |
New Hampshire | Nuisance, Menace, Vicious dog definition: - If a dog is "at large"
- If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area,
- If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner's
- If any female dog in season (heat) is permitted to run at large or be off the premises of the owner except when being exercised on a leash by a responsible adult
- If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper
- If it runs after, or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled or pushed on the streets, highways, or public ways
- If, whether alone or in a pack with other dogs, it bites, attacks, or preys on game animals, domestic animals, fowl or human beings
N.H. Rev. Stat. § 466:31 to 31-a | Dangerous dog ownership conditions: None listed | Nuisance, Menace, or Vicious dog determination:- If such person chooses to pay the civil forfeiture, the person shall be deemed to have waived the right to have the case heard in district or municipal court and shall not be prosecuted
- Any person who does not pay the civil forfeiture shall have the case disposed of in district or municipal court
- Any person who pays a civil forfeiture twice in any 12-month period according to the records of the town or city clerk, may not pay a civil forfeiture for subsequent violations of RSA 466:31 in that 12-month period, but shall have those cases disposed of in district or municipal court
- In the case of a vicious dog, where its behavior presents a threat to public safety, immediate district court or municipal court proceedings may be initiated in lieu of the civil forfeiture
N.H. Rev. Stat. 466:31-a | Euthanasia: None listed | Penalties: Violation: Any person who violates any provision of RSA 466:31 shall be guilty of a violation, unless they choose to pay a civil forfeiture Civil Forfeiture: If the owner chooses to pay a civil forfeiture, the owner will pay the following: (a) $25 for the first nuisance offense; and $100 for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense (b) $50 for the first menace offense; and $200 for the second or subsequent menace offense committed within 12 months of the first menace offense (c) $100 for the first vicious offense (d) $400 for the second or subsequent vicious offense committed within 12 months of the first vicious offense N.H. Rev. Stat. 466:31-a |
New Jersey | Potentially dangerous dog: The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog: - caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
- severely injured or killed another domestic animal, and poses a threat of serious bodily injury or death to a person; or poses a threat of death to another domestic animal, or
- has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
N.J.S.A. 4:19-18 & N.J.S.A. 4:19-23Vicious dog: The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog: - killed a person or caused serious bodily injury to a person; or
- has engaged in dog fighting activities
N.J.S.A. 4:19-18 & N.J.S.A. 4:19-22 | Potentially Dangerous dog ownership conditions: - Notify animal control when the dog is at large, has a attacked a human being or animal, dies, sold or donated
- Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous
- Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership
- May have to pay a potentially dangerous dog fee
- Register the dog and obtain a number and red identification tag
- Tattoo the registration number on the dog
- Erect and maintain an enclosure to keep the dog
- If taken out of the enclosure, dog must be securely muzzled and restrained with a tether
- May require the owner to maintain liability insurance in an amount determined by the municipal court
- Display a warning sign
N.J.S.A. 4:19-28 & N.J.S.A. 4:19 -24 | Vicious or Potentially Dangerous determination- Animal Control impounds a dog it has reasonable cause to believe attacked a person, caused bodily injury or death to a person, and others
N.J.S.A. 4:19 -19 - Animal Control notifies court of the impoundment and that a hearing is required
- If the owner can be found, the owner is notified of the impoundment and that owner may request a hearing.
- Owner has to return notice in 7 days
N.J.S.A. 4:19-20 - Municipality and owner can enter into an agreement
N.J.S.A. 4:19-21.1 - Municipal court shall declare a dog vicious or potentially dangerous by clear and convincing evidence
N.J.S.A. 4:19-22; & N.J.S.A. 4:19-23 - The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court by filing an appeal with the Superior Court
N.J.S.A. 4:19-25
| Euthanasia:- If the municipal court declares a dog to be vicious, and no appeal is made, the dog shall be destroyed
- An animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the ownership conditions. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner
- Dog may be euthanized if owner does not respond to notice or request a hearing
- Dog may be euthanized if owner cannot be found
N.J.S.A. 4:19-20, N.J.S.A. 4:19-22 and N.J.S.A. 4:19-29 | Penalties:- The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation
N.J.S.A. 4:19-29 |
New Mexico | Potentially dangerous dog definition: Potentially dangerous dog means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors: - causing an injury to a person or domestic animal that is less severe than a serious injury;
- chasing or menacing a person or domestic animal in an aggressive manner and without provocation; or
- acting in a highly aggressively manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure
N.M.S.A. § 77-1A-2Dangerous dog definition: - Dangerous dog means a dog that caused a serious injury to a person or domestic animal
N.M.S.A. § 77-1A-2 | Potentially dangerous dog ownership conditions: Animal control will issue a certificate of registration if the owner: - is able to keep the dog under control at all times
- keeps the dog's rabies vaccination current
- has a proper enclosure for the dog
- pays an annual potentially dangerous dog fee, if applicable
- has the dog sterilized
- has the dog implanted with a microchip
- has entered the dog in a socialization and behavior program approved or offered by the animal control authority
- notify animal control about changes in the dog's circumstances
N.M.S.A. § 77-1A-5 & NM ST § 77-1A-6 Dangerous dog ownership conditions: Animal control will issue a certificate of registration if the owner: - pays an annual fee if applicable
- has written permission of the property owner or homeowner's association where the dangerous dog will be kept, if applicable;
- will maintain the dangerous dog exclusively on the owner's property except for medical treatment or examination;
- cages or muzzles and restrains the dog with a lead no longer than four feet if the dog is taken off the owner's property
- will not allow the dog to be transported in a vehicle that might allow the dog to escape or gain access to any person or animal outside the vehicle
- posts a warning sign
- notify animal control about changes in the dog's circumstances
N.M.S.A. § 77-1A-5 & N.M.S.A. § 77-1A-6 | Dangerous or potentially dangerous determination: - Animal control authority may seize the animal after obtaining a warrant
- Owner's options after impoundment:
- admit Dog is Dangerous or Potentially Dangerous and obtain the certificate
- animal Control Authority petitions the court to seek a dangerous or potentially dangerous determination by clear and convincing evidence
N.M.S.A. § 77-1A-4
| Euthanasia:- If the owner admits that the dog is dangerous and transfers ownership of the dog to the animal control authority, the animal control authority may humanely destroy the dog
- Comply with ownership conditions within 30 days after determination or have the dog destroyed
N.M.S.A. § 77-1A-4 | Penalties:- Misdemeanor for failing to comply with ownership conditions
- Fourth degree felony on second or subsequent offense for failing to comply with ownership conditions
- Fourth degree felony for an owner whose dangerous or potentially dangerous dog that causes serious injury or death to a domestic animal without provocation
- Third degree felony for an owner whose dangerous or potentially dangerous dog that causes serious injury to a human being, without provocation
- Third degree felony for an owner whose dangerous or potentially dangerous dog that causes the death of a human being without provocation
N.M.S.A. § 77-1A-6 |
New York | Dangerous dog definition: - Any dog which without justification attacks a person, companion animal, farm animal, or domestic animal, and causes physical injury or death
- Any dog which behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or
- Any dog which without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death
McKinney's Agriculture and Markets Law § 108(24)(a) | Dangerous dog ownership conditions: - Sterilize the dog
- Microchip the dog and
- One or more of the following as deemed appropriate under the circumstances and as deemed necessary for the protection of the public:
- Evaluation of the dog
- Secure, humane confinement of the dog
- Restraint of the dog on a leash by an adult of at least 21 years of age
- Muzzling the dog
- Maintenance of a liability insurance policy in an amount determined by the court, not to exceed $100,000
McKinney's Agriculture and Markets Law § 123 | Dangerous dog determination: - Person makes a complaint to Dog Control or Police Officer
- Officer informs complainant of right to commence a proceeding.
- Person makes a complaint to a municipal judge or justice
- Municipal judge determines probable cause to seize animal
- Municipal judge of justice holds a hearing within 5 days of written notice
- Clear and convincing evidence standard
- The owner of a dog found to be a "dangerous dog" may appeal such determination and/or the court's order concerning disposition of the dog to the court having jurisdiction to hear civil appeals in the county where the "dangerous dog" finding was made
McKinney's Agriculture and Markets Law § 123 | Euthanasia:- Judge of Justice of the Peace may order euthanasia upon a finding that a dog is dangerous if one of the following aggravating circumstances is established at the judicial hearing:
(a) the dog, without justification, attacked a person causing serious physical injury or death; or (b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or (c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a “dangerous dog” finding McKinney's Agriculture and Markets Law § 123 | Penalties:- Misdemeanor punishable by up to $3,000 in fines or up to 90 days in jail or both for the owner who, through any act or omission, negligently permits his or her dog, which had previously been determined to be dangerous, to bite a person causing serious physical injury
- Class A misdemeanor to the owner of any dangerous dog that without justification killed or caused the death of any person who was lawfully and peaceably conducting himself or herself
- The owner or lawful custodian of a dangerous dog shall be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal or domestic animal
McKinney's Agriculture and Markets Law § 123 |
North Carolina | Potentially dangerous dog definition: Means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have: - Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
- Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
- Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack
N.C.G.S.A. § 67-1(a)(2) Dangerous dog definition: - A dog that without provocation has killed or inflicted severe injury on a person; or
- Any dog that is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in the potentially dangerous dog definition
- Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting
N.C.G.S.A. § 67-1(a)(1) | Potentially dangerous dog ownership conditions: No restrictions listed Dangerous dog ownership conditions: - Dog must be confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;
- Dog must be leashed and muzzled or otherwise restrained beyond the owner's real property
- Provide written notice to the authority that made the determination and the person taking ownership of the dog when ownership is transferred
N.C.G.S.A. § 67-4.2 | Potentially dangerous and dangerous dog determination:- Person or Board designated for determination and appeal
- The person or Board making the determination that a dog is a "potentially dangerous dog" must notify the owner in writing, giving the reasons for the determination
- The owner may appeal the determination by filing written objections with the appellate Board within three days.
- The appellate Board shall schedule a hearing within 10 days of the filing of the objections
N.C.G.S.A. § 67-4.1 | Euthanasia: None listed | Penalties:- Class 1 misdemeanor to the owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of $100.00
- The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal
- Class 3 misdemeanor to the owner of a dangerous dog who allows the dog to be off the owner's property without a leash and muzzle
- Class 3 misdemeanor for an owner to leave a dangerous dog unattended on the owner's property without being securely confined
- Class 3 misdemeanor Ito the owner who transfers ownership of dangerous dog to another person without notify the determining authority of the transfer and notifying the new owner that the dog has been classified as being dangerous
N.C.G.S.A. § 67-4.2, N.C.G.S.A. § 67-4.3, and N.C.G.S.A. § 67-4.4
|
North Dakota | Nuisance Dog: - Any dog that habitually molests a person traveling peaceably on the public road or street is a public nuisance.
NDCC 42-03-01 | Dangerous Dog Ownership Conditions: None listed | Dangerous Dog Determination: - Upon written complaint to a district or municipal judge describing the dog, giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's owner that a complaint has been filed.
- The owner must then take necessary action to prevent the dog from any further violations of this chapter.
- If the district or municipal judge receives a further complaint after notice has been given, the judge shall issue a summons to the owner to appear before the judge.
- NDCC 42-03-01
- If owner is not known, 10 days' notice shall be given by publication in one issue of a newspaper having wide circulation in the area. Such notice shall contain a description of the dog as given in the complaint, a statement that such complaint has been made, and the time and place of hearing thereon.
- NDCC 42-03-02
- On the day of hearing the district or municipal judge shall hear the evidence in the case.
- NDCC 42-03-03
| Euthanasia: - If the judge finds that the dog is a public nuisance, judgment must be entered accordingly.
- The judge then orders any peace officer to kill and bury the dog immediately.
NDCC 42-03-03 | Penalties: - Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment shall be entered against the owner for such costs.
NDCC 42-03-04 |
Ohio | Nuisance dog definition: - A dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person
Dangerous dog definition: - A dog that, without provocation has done any of the following caused injury, other than killing or serious injury, to any person; killed another dog; been the subject of a third or subsequent violation of division (C) of section 955.22 of the Revised Code
Vicious dog definition: - A dog that, without provocation has killed or caused serious injury to any person
R.C. 955.11 | Nuisance dog ownership conditions: No restrictions listed Dangerous or vicious dog ownership conditions: - When transferring ownership, seller must inform buyer about dog's behavior and must inform the proper authorities of the transfer
- Must have the dog on a leash and possibly a muzzle when off the owner's property
- Must obtain liability insurance
- Must register the dog to someone 18 years or older
- Must notify the proper authority if the dog is loose, bites a person, attacks another animal, the owner and dog relocate, or the dog is sold, transferred, or dies
- Must not debark or surgically silence the dog
- Must not possess a dog known or reasonably believed to be dangerous
- Must keep dog current in rabies vaccinations
- Must sterilize the dog
- Must post warning signs
- Must implant dog with microchip
R.C. 955.11 & R.C. 955.22 | Nuisance, dangerous, and vicious dog determination:- Municipal or county court conducts the hearing
- Dog warden or deputy makes a determination and provides notice to the owner
- Not later than ten days after receiving notification of the designation, owner may request a hearing regarding the determination
- Clear and convincing evidence standard
- The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court
R.C. 955.222 | Euthanasia:- Court may order euthanization for a dangerous Dog if an owner commits a violation of division (C) of section 955.22 of the Revised Code that involves a dangerous dog or a violation of division (D)
- Court may order euthanization for a vicious dog if the owner violates division (C) of section 955.22 with a vicious dog and if the vicious dog causes serious injury to a person
- Mandatory euthanization for a dangerous dog if an owner violates the dangerous dog debarking prohibition
- Mandatory euthanization for a Vicious Dog if the owner violates division (C) of section 955.22 with a vicious dog and if the vicious dog kills a person
R.C. 955.222 | Penalties: - Confinement and control violations for a nuisance dog is a first offense minor misdemeanor; second offense is a fourth degree misdemeanor; third offense requires dangerous dog registration
- Confinement and control provision violations may require supervision or training for a nuisance dog
- Confinement and control violations for a dangerous dog is a first offense fourth degree misdemeanor; subsequent offense third degree misdemeanor Editor's Note: subdivision (D) was found unconstitutional by State v. Mallis, 964 N.E.2d 1096 (Ohio App. 7 Dist. Sep 15, 2011)
- Confinement and control violations of a dangerous dog may require supervision or training. Editor's Note: subdivision (D) was found unconstitutional by State v. Mallis, 964 N.E.2d 1096 (Ohio App. 7 Dist. Sep 15, 2011)
- Confinement and control violations for a vicious dog is a fourth degree felony if the dog kills a person
- Confinement and control violations for a vicious dog is a first degree misdemeanor if dog causes serious injury to a person
- Failure to register a dangerous dog is a fourth degree misdemeanor
- Debarking a dangerous dog is a minor misdemeanor
- Ownership violations of a dangerous dog is a minor misdemeanor
- Failure to present dangerous dog registration is a minor misdemeanor
R.C. 955.99 |
Oklahoma | Potentially dangerous dog definition: - Any dog that when unprovoked inflicts bites on a human either on public or private property, or
- Any dog that when unprovoked attacks a dog which results in the death of said dog either on public or private property;
Dangerous dog definition: - Any dog that has inflicted severe injury on a human being without provocation on public or private property,
- Any dog that has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks, or endangers the safety of humans, or
- Any dog that has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter attacks a dog which results in the death of said dog either on public of private property
4 Okl. St. Ann. § 44 | Potentially dangerous dog ownership conditions: - No restrictions listed
- Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific
Dangerous dog ownership conditions: - Must register the dog (city or county may charge a registration fee)
- Must confine the dog in a proper enclosure
- Must post a warning sign
- Must obtain liability insurance
- Must be muzzled and restrained when off the property
4 Okl.St.Ann. § 45 and 4 Okl.St.Ann. § 46 | Dangerous dog determination: None listed | Euthanasia: None listed | Penalties: - Any dangerous dog shall be immediately confiscated by an animal control authority if:
- The dog is not validly registered;
- The owner does not secure the liability insurance coverage or surety bond;
- The dog is not maintained in the proper enclosure; and
- the dog is outside of the dwelling of the owner, or outside the proper enclosure and not under physical restraint of the responsible person.
- Misdemeanor, up to 1 year in jail, up to $5,000 in fines, or both for any violation of the laws relating to dangerous dogs
4 Okl.St.Ann. § 47 |
Oregon | Potentially dangerous dog definition:- A dog that without provocation and while not on premises from which the keeper may lawfully exclude others, menaces a person;
- A dog that without provocation, inflicts physical injury on a person that is less severe than a serious physical injury; or
- A dog that without provocation and while not on premises from which the keeper may lawfully exclude others, inflicts physical injury on or kills a domestic animal
O.R.S. 609.035 Dangerous dog definition: - A dog that without provocation and in an aggressive manner inflicts serious physical injury on a person or kills a person;
- A dog that acts as a potentially dangerous dog after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated ORS 609.095; or
- A dog that is used as a weapon in the commission of a crime
Crime: A person commits the crime of maintaining a dangerous dog if the person is the keeper of a dog and the person, with criminal negligence, fails to prevent the dog from engaging in an act described in the dangerous dog definition O.R.S. 609.098 | Dangerous dog conditions: None listed | Dangerous dog determination: None listed | Euthanasia: - If the dog is a potentially dangerous dog, the court may order the dog killed in a humane manner
- If a keeper violates ORS 609.098, the court shall order the dangerous dog killed in a humane manner
- If no keeper redeems a dog within the allotted time, the dog may be humanely killed.
O.R.S. 609.990 | Penalties: - Unless the dog kills a person, violation of ORS 609.098 is a Class A misdemeanor
- If a dog kills a person, violation of ORS 609.098 is a Class C felony
- In addition to any fine or sentence imposed under this section, a court may order a person who violates ORS 609.098 to pay restitution for any physical injury, death or property damage caused by the dog as a result of the keeper's violation of ORS 609.098
- With an exception, if a court has determined under ORS 609.990 that a dog is a potentially dangerous dog, and subsequent to that determination the dog causes physical injury to a person or damage to real or personal property, the keeper of the dog is strictly liable to the injured person or property owner for any economic damages resulting from the injury or property damage
O.R.S. 609.115 and O.R.S. 609.990 |
Pennsylvania | Dangerous Dog: - A dog determined to be dangerous under section 502-A.
3 P.S. § 459-102 Crime: Harboring a Dangerous Dog The owner or keeper of the dog shall be guilty of the summary offense of harboring a dangerous dog if the magisterial district judge finds beyond a reasonable doubt that the following elements of the offense have been proven: (1) The dog has done any of the following: - (i) Inflicted severe injury on a human being without provocation on public or private property
- (ii) Killed or inflicted severe injury on a domestic animal, dog or cat without provocation while off the owner's property
- (iii) Attacked a human being without provocation
- (iv) Been used in the commission of a crime
(2) The dog has either or both of the following: - (i) A history of attacking human beings and/or domestic animals, dogs or cats without provocation
- (ii) A propensity to attack human beings and/or domestic animals, dogs or cats without provocation. A propensity to attack may be proven by a single incident of the conduct described in paragraph (1)(i), (ii), (iii) or (iv)
(3) The defendant is the owner or keeper of the dog 3 P.S. § 459-502-A | Dangerous dog ownership conditions: - Must keep the dog properly confined
- Must leash and muzzle the dog if outside of proper enclosure
- Must register the dog and pay a registration fee
- Must post a warning sign
- Must pay court-ordered restitution to a victim of a dangerous dog
- Must implant dog with a microchip
- Must obtain liability insurance
- Must sterilize the dog
- Must obtain a surety bond of liability insurance
- Must notify the proper authorities if the dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died or has been sold or donated
- New owner or keeper of the dangerous dog shall be required to comply with all of the provisions of this act and regulations pertaining to a dangerous dog
3 P.S. § 459-503-A & 3 P.S. § 459-504-A | Dangerous dog determination criminal proceeding: - State Dog Warden or Police file complaint before Magisterial District Judge
- Beyond a reasonable doubt evidence standard
- A finding by a magisterial district judge that a person is guilty of harboring a dangerous dog shall constitute a determination that the dog is a dangerous dog for purposes of this act
3 P.S. § 459-502-A | Euthanasia: - Ownership violations mandatory euthanization if no appeal is filed.
- Mandatory euthanization for attacks by dangerous dog on a person or domestic animal if no appeal is filed.
- Mandatory euthanization for attacks by dangerous dog causing severe injury or death to a human if no appeal is filed.
3 P.S. § 459-505-A | Penalties:- Ownership violations third degree misdemeanor
- Subsequent ownership violations second degree misdemeanor and up to $5,000
- Impoundment upon subsequent violations of ownership conditions
- Attacks on persons or domestic animals by dangerous dog is a second degree misdemeanor
- Dangerous dog impounded for attacking a person or domestic animal
- Attacks by dangerous dog causing severe injury or death to a human is a first degree misdemeanor
- Dangerous dog impounded for attacking a human causing severe injury or death
3 P.S. § 459-505-A |
Rhode Island | Vicious dog definition: - Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;
- Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;
- Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or
- Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting
Gen. Laws, 1956 § 4-13.1-2(6) | Vicious dog ownership conditions:- May require liability insurance
- Must tattoo license number on the dog
- Must display a sign
- Must keep dog in a proper enclosure
- Must notify the proper authorities if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died
- When the dog is off the owner's property, it shall be leashed and/or muzzled
- When the dog is outdoors on the owner's property, it must be leashed and/or muzzled, or tie-out, or in an enclosed area which prevents its escape
- Must sterilize the dog
- If an owner or keeper moves, he or she shall notify the dog officer of the city or town in which he/she resides and the dog officer of the city or town in which he or she is to reside
- Must leave dog under the care of someone who is over 16 years of age
- Must not sell or give away the dog
Gen. Laws, 1956, § 4-13.1-3 | Vicious dog determination:- Dog Officer or law enforcement empowered to convene a hearing
- Dog Officer or law enforcement provide the owner with notice about the hearing
- The hearing shall be held promptly within no less than 5 nor more than 10 days after service of notice
- Dog determination done by three panelist
- Owner notified in writing of panel's determination
- Within 5 days of the determination, the owner can bring a petition in the district court within the judicial district where the dog is owned or kept
Gen. Laws, 1956 § 4-13.1-11 | Euthanasia: - Possible euthanization if owner does not comply with ownership conditions
- Possible euthanization if owner does not reclaim impounded dog
- Hearing panel may order euthanization if any dog declared vicious seriously injures a person or kills or seriously injures a domestic animal
- In the event a dog kills a person, the dog shall be humanely euthanized
Gen. Laws, 1956 § 4-13.1-11(b) and Gen. Laws, 1956 § 4-13.1-9 | Penalties: - $550 in fines for an owner who fails to comply with ownership conditions; $1000 in fines for any subsequent violation
- $500 fines for killing or wounding an animal; $1,000 fines for subsequent offenses
- $1,000 fines for killing or seriously injuring a human
- Impoundment for dangerous dog killing or wounding an animal or human
Gen. Laws, 1956 § 4-13.1-9 |
South Carolina | Dangerous animal definition: - As used in this article "dangerous animal" means an animal of the canine or feline family which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;
- Dangerous animal also means an animal of the canine or feline family which makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined; or
- Dangerous animal also means an animal of the canine or feline family commits unprovoked acts in a place other than the place where the animal is confined and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;
- Dangerous animal also means an animal of the canine or feline family which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting
Code 1976 § 47-3-710 Vicious dog definition: - Vicious dog means any dog evidencing an abnormal inclination to attack persons or animals without provocation
Code 1976 § 47-3-10(7) | Dangerous animal ownership conditions:- Must not go unconfined on the premises
- Must clearly mark the pen or run area contains a dangerous animal
Code 1976 § 47-3-720 - Must be safely restrained when permitted off the premises
Code 1976 § 47-3-730 - No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal
Code 1976 § 47-3-740 - Must register dangerous animal with local law enforcement
Code 1976 § 47-3-760 Vicious dog ownership conditions: It is unlawful in any county or municipality adopting penalty provisions pursuant to the provisions of this article for any dog or cat owner or other keeper of a dog or cat to keep a vicious or unruly dog unless under restraint by a fence, chain, or other means so that the dog cannot reach persons not on land owned, leased, or controlled by him Code 1976 § 47-3-50 | Dangerous animal determination: - If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of the act the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending
Code 1976 § 47-3-750 Vicious dog determination: None listed | Euthanasia: - Court may order euthanization for dangerous animal for attacking a human or domestic animal
- No provision for vicious dog
Code 1976 § 47-3-760 | Dangerous Animal penalties (none listed for a vicious dog): - Dangerous animal impoundment for violating ownership conditions
- Up to $200 in fines, up to 30 days imprisonment, and a misdemeanor for a dangerous animal unconfined on premises or not safely restrained while off premises or attacks and injures a domestic animal. Up to $1,000 in fines on subsequent offenses
- First offense misdemeanor, up to $5,000 in fines, and up to 3 years imprisonment for a dangerous animal which attacks and injures a human being, or a person who attempts to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal; Second or subsequent offense felony, up to $10,000 in fines, and up to 5 years imprisonment
- A person found guilty of violating this article shall pay all expenses
Code 1976 § 47-3-750 and Code 1976 § 47-3-760 |
South Dakota | Vicious dog definition - Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a human being upon the streets, sidewalks or any public grounds or places; or
- Any dog which, on private property, when unprovoked, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property
SDCL § 40-34-14
| Dangerous dog ownership conditions: None listed | Dangerous dog determination: None listed | Euthanasia: None listed | Penalties - Any person owning or keeping a vicious dog as defined in §§ 40-34-13 to 40-34-15, inclusive, has committed a public nuisance and is subject to the provisions of §§ 21-10-5 and 21-10-9
SDCL § 40-34-13 |
Tennessee | Dangerous dog definition: - Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the circuit court of the county wherein the attack occurred
T. C. A. § 44-17-120 | Dangerous dog ownership conditions: No restrictions listed | Hearing for euthanasia: - Orders for euthanasia granted by District Attorney's petition
- The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee rules of civil procedure
T. C. A. § 44-17-120 | Euthanasia:- Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the general sessions court of the county wherein the attack occurred
- Dog shall be destroyed if the owner does not appear in court 5 days after receiving notice
T. C. A. § 44-17-120 | Penalties: No penalties listed |
Texas | Dangerous dog definition: - A dog that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
- A dog that commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person
V. T. C. A., Health & Safety Code § 822.041 | Dangerous dog ownership conditions: - Must register the dog and pay a registration fee
- Must restrain the dog at all times or keep dog in a proper enclosure
- Must obtain liability insurance
- Must comply with applicable municipal ordinances
- Must keep current on rabies vaccinations
- Must notify animal control if the owner relocates with the dog
- Must notify the proper authority if the dangerous dog attacks someone
V. T. C. A., Health & Safety Code § 822.042 & V. T. C. A., Health & Safety Code § 822.043 | Dangerous dog determination: - Animal Control investigated upon a person's report
- Animal Control makes a determination and notifies owner
- Owner may appeal the determination within 15 days after being notified
V. T. C. A., Health & Safety Code § 822.0421 Dangerous dog determination in counties with a population of more than 2,800,000: - A person may report to a municipal, justice, or county court
- The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed
- The court shall determine, after notice and hearing as provided in Section 822.0423, whether the dog is a dangerous dog
V. T. C. A., Health & Safety Code § 822.0422 Hearing provisions for failing to register, restrain, and obtain liability insurance OR hearing in counties with more than 2,800,000: - The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered
- The court shall give written notice of the time and place of the hearing to the owner of the dog or the person from whom the dog was seized; and the person who made the complaint
- An owner or person filing the action may appeal the decision of the municipal court, justice court, or county court in the manner provided for the appeal of cases from the municipal, justice, or county court
V. T. C. A., Health & Safety Code § 822.0423 | Euthanasia: - Court may order euthanization for ownership violations
- Court may order euthanization for dangerous dog attacking and causing serious bodily injury to a person outside dog's enclosure
V. T. C. A., Health & Safety Code § 822.042 and V. T. C. A., Health & Safety Code § 822.044
| Penalties: - Class C misdemeanor for dangerous dog attacking and causing serious bodily injury to a person outside dog's enclosure
- Impoundment for ownership violations
- Class C misdemeanor for violating ownership conditions or failing to deliver dangerous dog to animal control authority; class B misdemeanor for a previous conviction under this section
V. T. C. A., Health & Safety Code § 822.044 and V. T. C. A., Health & Safety Code § 822.045 |
Utah | | | | | |
Vermont | Vicious domestic pets or wolf-hybrids definition: - When a domestic pet or wolf-hybrid has bitten a person while the domestic pet or wolf-hybrid is off the premises of the owner or keeper, and the person bitten requires medical attention for the attack
20 V.S.A. § 3546 | Vicious domestic pets or wolf-hybrids ownership conditions: - The municipal officials shall make such order for the protection of persons as the facts and circumstances of the case may require, including, without limitation, that the domestic pet or wolf-hybrid is disposed of in a humane way, muzzled, chained, or confined
20 V.S.A. § 3546 | Vicious domestic pet or wolf-hybrid determination:- A person bitten by a domestic pet or wolf-hybrid and requiring medical attention for the attack may file a written complaint with the legislative body of the municipality
- Legislative body conducts investigation
- Owner shall be provided with a written notice of the time, date and place of hearing and the facts of the complaint
- The order shall be sent by certified mail, return receipt requested.
- Different rules apply for a rabies suspect
- Statute procedures may not apply if voters of a municipality have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinance
20 V.S.A. § 3546 | Euthanasia: - The municipal officials shall make such order for the protection of persons as the facts and circumstances of the case may require, including, without limitation, that the domestic pet or wolf-hybrid is disposed of in a humane way, muzzled, chained, or confined
20 V.S.A. § 3546 | Penalties: - A municipal legislative body or an officer designated by the Secretary may impose a civil penalty of up to $500.00 per violation in accordance with the provisions of this section
20 V.S.A. § 3550 |
Virginia | Dangerous dog definition: - Means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat
VA Code Ann.§ 3.2-6540 Vicious dog definition:
- Means a canine or canine crossbreed that has killed a person, inflicted serious injury to a person, or continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding
VA Code Ann. § 3.2-6540.1 | Dangerous dog ownership conditions: - Register dog for $150, other fees may apply
- Dog given a tag that declares it dangerous--annually renewed for $85
- Post proof of registration on Virginia Dangerous Dog registry
- Owner must be 18 years or older
- Dog must be current on rabies
- Dog must be sterilized
- Dog must be confined in a proper enclosure when on owner's property
- Dog must be muzzled and confined until a proper enclosure is constructed
- Must be leashed and muzzled when off owner's property
- Must post signs
- The owner must notify the local animal control in certain instances
- Must microchip the dog
- Must obtain liability insurance or surety bond
VA Code Ann. § 3.2-6540 Vicious dog ownership conditions: Euthanasia VA Code Ann. § 3.2-6540.1 | Dangerous or vicious dog determination:- Law officer or Animal Control applies to magistrate to summon owner to a hearing
- The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered
- For vicious and dangerous dogs, the commonwealth must prove its case beyond a reasonable doubt
- The procedure for appeal and trial shall be the same as provided by law for misdemeanors
Va. Code Ann. § 3.2–6540 and Va. Code Ann. § 3.2-6540.1 | Euthanasia: - If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized
Va. Code Ann. § 3.2-6540.1 | Penalties:- The court, upon finding the animal to be a dangerous or vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal
- Owner responsible for expenses incurred while caring and providing for the dog
- Class 2 misdemeanor if dangerous dog attacks or kills dog or cat
- Class 1 misdemeanor if dangerous dog bites a human or attacks a human causing bodily injury
- Class 6 felony to an owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable to show reckless disregard to human life
- Class 1 misdemeanor for failing to comply with ownership conditions
Va.Code Ann. § 3.2–6540 and Va. Code Ann. § 3.2-6540.1 |
Washington | Potentially Dangerous dog definition: - Means any dog that when unprovoked inflicts bites on a human or a domestic animal either on public or private property, or
- Means any dog that when unprovoked chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or
- Means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals
Dangerous dog definition:
- Means any dog that inflicts severe injury on a human being without provocation on public or private property,
- Means any dog that kills a domestic animal without provocation while the dog is off the owner's property, or
- Means any dog has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans
West's RCWA 16.08.070 | Potentially dangerous dog ownership conditions:- Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances
West's RCWA 16.08.090 Dangerous dog ownership conditions: - Dog must be registered, an annual fee may be charged
- Dog must be kept in a proper enclosure
- Owner must post signs
- Owner must obtain a surety bond or liability insurance
- If outside the proper enclosure, the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person
West's RCWA 16.08.080 and West's RCWA 16.08.090 | Potentially dangerous dog determination: - Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances
West's RCWA 16.08.090 Dangerous dog determination:
- Notice procedure according to City or County rules or City or County must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested
- Owner provided an opportunity to contest determination
- Final written order provided to the owner
- If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction
- If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the dog is dangerous to the municipal court, and may appeal a county animal control authority's or county sheriff's final determination that the dog is dangerous to the district court
West's RCWA 16.08.080 | Euthanasia: - Dog will be euthanized after 20 days if no corrections are made to violation of ownership conditions
West's RCWA 16.08.100 | Penalties:- Class C felony when a dangerous dog attacks or bites a person or domestic animal
- Class C felony when any dog aggressively attacks and causes severe injury or death to a human
- Gross misdemeanor if owner does not comply with restrictions of owning a dangerous dog
West's RCWA 16.08.100 |
West Virginia | W. Va. Code, § 19-20-20 & W. Va. Code, § 19-20-21 mention vicious and dangerous dog, but the statutes do not define these terms | Ownership Conditions:- Except as provided in section twenty-one of this article, no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle
W. Va. Code, § 19-20-20 - Any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefore from the county assessor
- The assessor shall charge ten dollars for such license. Such license shall be required in addition to the license required under section two of the Act
- The keeper or owner shall properly secure such dog in such a manner so as to prevent injury to a person who lawfully passes through or enters upon the property of the keeper or owner
W. Va. Code, § 19-20-21 | Dangerous dog determination: None listed | Euthanasia: - Upon satisfactory proof before a circuit court or magistrate that such dog is vicious, dangerous, or in the habit of biting or attacking other persons or other dogs or animals, the judge may authorize the humane officer to cause such dog to be killed
W. Va. Code, § 19-20-20 | Penalties: None listed |
Wisconsin | | | | | |
Wyoming | Definitions: None Listed | Dangerous Dog Ownership Conditions: None Listed | Dangerous Dog Determination: None Listed | Euthanasia: - Every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog.
W. S. 1977 § 11-31-106 - Dogs running livestock against the wish of the owner of the livestock may be killed at once in cases where the livestock has been injured or is threatened with injury.
W. S. 1977 § 11-31-107 | Penalties: - Any person who permits or directs any dog owned by him or in his possession of his employee to chase or run any cattle or other livestock of which he is not the owner and not in control, farther than 100 yards from his land, upon government lands, or away from any watering place upon the open range, shall be fined not less than $50 or more than $750, or imprisoned not more than 6 months, or both.
W. S. 1977 § 11-31-108 |