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. 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. If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following: 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: A dog may be destroyed in a proper and humane manner by the animal control authority if the dog: Places this power with the state's counties.

Code 31642;West's Ann. Any dog that without justified provocation has inflicted serious injury on a person. In which case, the dog must be muzzled, leashed, and under the owner's control. chases or menaces a person or domestic animal in an aggressive manner, approaches without provocation any person or domestic animal as if to attack, or, the dangerous or potentially dangerous dog, 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, Mayor provides notice of the determination via mail, posting, personal service, Mayor may impound the dog pending final disposition of the case. Code 31645. when unprovoked, in a vicious or terrorizing manner. This table covers state laws that address dangerous dogs.

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. Cal. 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. 3.26540 and Va. Code Ann.

The dog that is alleged to be dangerous is either impounded at the county pound, an animal shelter, or with a licensed veterinarian. Generally, the safety precautions for a potentially dangerous dog are less restrictive than a dangerous dog determination. 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. 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. However, a state may use a vicious dog classification in addition to a dangerous dog classification in order to distinguish a more serious act. 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. 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, 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. If the owner refuses or neglects to comply with an order, the owner commits a Class D crime. 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. Food & Agric. The Conditions for Owning column reveals the ownership restrictions each state places on a dangerous, vicious, or potentially dangerous dog if any. 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. Dogs are deemed a potentially dangerous dog by the animal control warden or administrator. Cal. 54-619, Neb.Rev.St. 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. Code 31641, West's Ann. 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. Signs must be visible from the roadway. 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, Dog Officer or law enforcement empowered to convene a hearing, Owner notified in writing of panel's determination, 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, Dangerous animal also meansan animal of thecanine or feline family which makes an unprovoked attackthat causes bodily injury to a human beingandthe attack occurs in a place other than the place where the animal is confined; or. Although, a state, like Washington, may have a mandatory euthanization provision for a dog whose owner fails to comply with ownership conditions. A hearing commences and the court determines whether the dog is dangerous. Typically, however, the determination is carried out by a local administrative body or a municipal court.

or has attempted to bite or otherwise endanger any person, A dog that, without provocation has done any of the following, ; been the subject of a third or subsequent violation of division, Must have the dog on a leash and possibly a muzzle when off the owner's property, 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, 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), attacks a dog which results in the death of said dog, Any dog that has inflicted severe injury on a human being. Cal. 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. A violation of a dangerous dog statute may cost the animal his or her life. The Court may order it necessary to destroy an animal in light of the health, safety, and welfare of the community. 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", 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, Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded. Pennsylvania also has a webpage with a Dangerous Dog Registry.

Dog bites are also one of the most popular reasons why children visit the emergency room. 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. 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. toattack unprovoked, cause injury, or otherwise endangerthe safety of human beings or domestic animals; Vicious dog means any dog evidencing an abnormal inclination, dangerous animal with local law enforcement, 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, 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, Court may order euthanization for dangerous animal for attacking a human or domestic animal, 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. 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. Unless the dog kills a person, violation of, dog or cat without provocation while off the owner's property, Must leash and muzzle the dog if outside of proper enclosure, 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. Of this number, approximately 800,000 Americans seek medical attention for these bites while only 0.0002 of these attacks are fatal. 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. Code 31621, et seq, West's Ann. 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, 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, that causes death or inflicts serious bodily injury on an, on the dog or wolf hybrid owner's or keeper's, 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. The appellate Board shall schedule a hearing within 10 days of the filing of the objections, 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 theowner 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 withoutnotify the determining authority of the transfer and notifying the new owner that the dog has been classified as being dangerous. Dogs suspected to be dangerous or potentially dangerous are impounded by Animal Control. 54-622.01.; and Neb.Rev.St. No person shall keep a dog that is known to kill. The hearing officer shall issue a decision on the matter within ten days after the hearing. Municipality and owner can enter into an agreement, Municipal court shall declare a dog vicious or potentially dangerous by clear and convincing evidence, 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, Dog may be euthanized if owner does not respond to notice or request a hearing, Dog may be euthanized if owner cannot be found, admit Dog is Dangerous or Potentially Dangerousand obtain the certificate, animal Control Authority petitions the court to seek a dangerous or potentially dangerous determination, Comply with ownership conditions within 30 days, Misdemeanor for failing to comply with ownership conditions, Fourth degree felony on second or subsequent offense for failing to comply with ownership conditions, Third degree felonyfor 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, Person makes a complaint to Dog Control or Police Officer.

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. Virginia, New Jersey, and Louisiana require, after a chance to appeal, all vicious dogs to be euthanized.

Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation, Mandatory euthanization for conviction of subsequent violations. Fines range from $50 to $2,000 depending on the offense and whether or not it is a subsequent offense. If no keeper redeems a dog within the allotted time, the dog may be humanely killed. A person makes a claim that a dog is dangerous and they file a sworn statement before a city magistrate or sheriff. Appeals from a local governmental bodys determination may be heard in a state court, as is the practice in Illinois. Declaring a dog as dangerous may involve an administrative, a civil, or a criminal hearing. Within 5 days after the hearing the mayor shall notify the owner in writing of the determination of the hearing officer. Means any dog has been previously found to be potentially dangerous because of injury inflicted on a human, Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances, 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. These laws typically define when a dog is dangerous, the legal procedure that determines whether a dog is dangerous, conditions for owning a dangerous dog, euthanasia provisions, and penalties for the owner (and the dog). It is recommended that you look through your city or countys ordinance for Dangerous Dog laws in addition to looking at the statutes listed below. 767.13; West's F.S.A.

A state may also allow other animals to be declared dangerous as well. 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. Food & Agric. 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. A dog determined to be dangerous under section 502-A. In Virginia, an owner must register his or her Dangerous Dog on a. Officer informs complainant of right to commence a proceeding. Another common felonious crime occurs when an owner violates dangerous dog ownership conditions and the owner's dog kills or causes serious injury to a person (see Illinois, Georgia, Ohio, and South Carolina below). If the owner can be found, the owner is notified of the impoundment and that owner may request a hearing. 54-623, Neb.Rev.St. 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, Any person may lawfully kill any vicious or mad dog running at large. 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. 45 and4 Okl.St.Ann. Any dangerous dog shall be immediately confiscated by an animal control authority if: dog is outside of the dwelling of the owne. 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. Potentially dangerous or vicious dog determination: West's Ann. 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. 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.

Sitemap 3