HB340: Dogs; regulation of those that may be dangerous.
Be it enacted by the General Assembly of Virginia:
1. That § 3.1-796.93:1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 3.1-796.93:3 as follows:
§ 3.1-796.93:1. Control of dangerous or vicious dogs; registry; penalty.
A. The governing body of any county, or city, shall,
or town may enact an ordinance regulating regulate dangerous dogs and vicious
dogs.
B. As used in this section:
"Dangerous dog" means a canine or canine crossbreed
that has bitten, attacked, or inflicted injury on a person or companion animal,
or killed a companion animal;,
or inflicted injury that results in the euthanasia of a
companion animal. Such euthanasia shall be based on the recommendation of a
licensed veterinarian upon determination that such euthanasia was necessary due
to the condition of the animal. however However,
when a dog attacks or bites another dog, the attacking or biting dog shall not
be deemed dangerous (i) if no serious physical injury as determined by a
licensed veterinarian has occurred to the other dog as a result of the attack
or bite or (ii) both dogs are owned by the same person. No dog shall be found
to be a dangerous dog as a result of biting, attacking, or inflicting injury on
another dog while engaged with an owner or custodian as part of lawful hunting
or participating in an organized, lawful dog handling event.
"Vicious dog" means a canine or canine crossbreed
that has (i) killed a person; (ii) inflicted serious injury to a person,
including multiple bites, serious disfigurement, serious impairment of health,
or serious impairment of a bodily function; or (iii) continued to exhibit the
behavior that resulted in a previous finding by a court or an animal
control officer as authorized by local ordinance pursuant to the provisions of
subsection E, that it is a dangerous dog, provided
that its owner has been given notice of that finding.
C. Any ordinance enacted pursuant to this section shall prescribe the following provisions:
1. Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.1-796.119.
2. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the local governing body prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.
3. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.
34.
The owner of any animal found to be a dangerous dog shall, within 10 days of
such finding, obtain a dangerous dog registration certificate from the local
animal control officer or treasurer for a fee of $50 or an
amount as set by local ordinance but not to exceed the costs incurred by the
locality to administer this program, in addition to other fees that may be
authorized by law. The local animal control officer or treasurer shall
also provide the owner with a uniformly designed tag that identifies the animal
as a dangerous dog. The owner shall affix the tag to the animal's collar and
ensure that the animal wears the collar and tag at all times. All certificates
obtained pursuant to this subdivision shall be renewed annually for the same
fee and in the same manner as the initial certificate was obtained.
4. All certificates or renewals thereof required to
be obtained under this section shall only be issued to persons 18 years of age
or older who present satisfactory evidence (i) of the animal's current rabies
vaccination, if applicable, and (ii) that the animal is and will be confined in
a proper enclosure or is and will be confined inside the owner's residence or
is and will be muzzled and confined in the owner's fenced-in yard until the
proper enclosure is constructed. In addition, owners who apply for certificates
or renewals thereof under this section shall not be issued a certificate or
renewal thereof unless they present satisfactory evidence that (i) their
residence is and will continue to be posted with clearly visible signs warning
both minors and adults of the presence of a dangerous dog on the property and
(ii) the animal has been permanently identified by means of a tattoo on the
inside thigh or by electronic implantation.
5. The owner of any animal found to be a dangerous dog shall, within 30 days of such finding, provide or construct a proper enclosure to confine the dog when it is outdoors. Such enclosure shall be constructed to be of sufficient height and design to prevent the dog’s escape or direct contact with or entry by minors, adults, or other animals. The structure shall i) be locked and shall be designed to provide the dog with shelter from the elements of nature; ii) cause the residence to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; iii) cause the dog to be permanently identified by means of a tattoo on the inside thigh or by electronic implantation. Such tattoo or electronic implantation shall be registered with an appropriate national data base; iv) cause the dog to be spayed or neutered; and v) obtain and maintain liability insurance coverage, to the value of at least $300,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $300,000.
56.
While on the property of its owner, an animal found to be a dangerous dog shall
be securely confined indoors or in a
securely enclosed and locked structure of sufficient height and design to
prevent its escape or direct contact with or entry by minors, adults, or other
animals. The structure shall be designed to provide the animal with shelter
from the elements of nature in the
enclosure or inside the owner’s residence. Until such time as the enclosure is completed the dog shall be muzzled when
outside and confined in the owner’s fenced-in yard.
When off its owner's property, an animal found to be a dangerous dog shall be
kept by an owner at least 21 years of age on
a leash not to exceed 6 feet in length and muzzled in such a manner
as not to cause injury to the animal or interfere with the animal's vision or
respiration, but so as to prevent it from biting a person or another animal.
6. If the owner of an animal found to be a
dangerous dog is a minor, the custodial parent or legal guardian shall be
responsible for complying with all requirements of this section.
7. The owner of any dog found to be dangerous shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under § 3.1-796.93:3, within 45 days of such a finding by a court of competent jurisdiction. Registration shall include the name of the animal, a photograph, sex, age, weight, primary breed, secondary breed, color and markings, whether spayed or neutered, microchip or tattoo number, address where the animal is maintained, name of the owner, address of the owner, and telephone numbers of the owner, and a statement that the owner has complied with the provisions of the dangerous dog order. The dog owner shall pay an initial registration fee of not less than $100 to the Board. By January 31 of each succeeding year, the owner shall submit a renewal registration that shall include all information contained in the original registration and any updates. The owner shall pay a fee for each annual renewal of not less than $25 to the Board. The owner shall submit such a renewal every year until the dog is deceased. In the event that the dangerous dog is moved to a different location, or contact information for the owner changes in any way at any time, the owner shall submit a renewal containing the address of the new location or other updated information within 10 days of such move or change. The owner shall pay a fee to the Board for this renewal of not less than $10.
78.
After an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the local animal control authority
if the animal (i) is loose or unconfined; or (ii)
bites a person or attacks another animal; (iii) is sold,
given away, or dies; or (iv) has been moved to a different address. No owner of any canine or canine crossbreed that has been declared or
adjudicated dangerous by a court of competent jurisdiction may sell, give away, or transfer
ownership or custody of such animal
other than to surrender it to the local animal
control agency. Any owner who
relocates to a new address shall, within 7 days of relocation, provide written
notice to the local animal control authority containing the full new address to
which the animal has been moved.
89.
The owner of any animal that has been found to be a dangerous dog who willfully
fails to comply with the requirements of the ordinance this section shall be guilty of a Class 1 misdemeanor.
910.
All fees collected pursuant to the ordinance this section, less the costs incurred by the animal control
authority in producing and distributing the certificates and tags required by the ordinance this section, shall be paid into a
special dedicated fund in the treasury of the locality for the purpose of
paying the expenses of any training course required under § 3.1-796.104:1.
D. Any ordinance enacted pursuant to this section
may prescribe the following provisions:
1. All certificates or renewals thereof required to
be obtained under this section shall only be issued to persons 18 years of age
or older who present satisfactory evidence that the animal has been neutered or
spayed.
2. All certificates or renewals thereof required to
be obtained under this section shall only be issued to persons who present
satisfactory evidence that the owner has liability insurance coverage, to the
value of at least $100,000, that covers animal bites.
E. Notwithstanding the provisions of subdivision C
1, any ordinance enacted pursuant to this section may provide that an animal
control officer may determine, after investigation, whether a dog is a
dangerous dog. If the animal control officer determines that a dog is a
dangerous dog, he may order the animal's owner to comply with the provisions of
the ordinance. If the animal's owner disagrees with the animal control
officer's determination, he may appeal the determination to the general
district court for a trial on the merits.
D. It shall be unlawful for any person, owner, custodian, animal control officer, pound, animal shelter, foster care provider, foster home, dealer, home-based rescue, or other releasing agency to offer for sale, adoption, transfer, or foster for another any canine or canine crossbreed that has been declared or adjudicated dangerous by a court of competent jurisdiction.
E. No owner or custodian shall be permitted to transfer custody or ownership of any canine or canine crossbreed that is the subject of any pending action for dangerous or vicious dog, except for surrender to the local animal control agency. Surrender of any canine or canine crossbreed that is the subject of a pending action for dangerous or vicious dog to the local animal control authority shall not be permitted in lieu of such action.
F. Any canine or canine crossbreed that has been found by any court to be dangerous or vicious in another jurisdiction within or without the Commonwealth of Virginia shall be so considered dangerous or vicious throughout the Commonwealth. It shall be unlawful for any owner or other person to bring or cause to be brought into the Commonwealth of Virginia any canine or canine crossbreed that has been found by any court or administrative process to be dangerous or vicious in another state.
G. Any owner or custodian of a canine or canine crossbreed convicted of owning a dangerous or vicious dog may be subject to the following penalties:
a. A Class 4 misdemeanor if such conviction is pursuant to the canine or canine crossbreed having i) injured a companion animal, other than a dog or cat, and such companion animal belongs to another person, ii) killed a companion animal, other than a dog or cat, and such companion animal belongs to another person, or iii) having caused bodily injury that results in euthanasia of a companion animal, other than a dog or cat, and such companion animal belongs to another person. Such euthanasia shall be based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal;
b. A Class 3 misdemeanor if such bite or attack causes bodily injury to a dog or cat, and such dog or cat belongs to another person.
c. A Class 2 misdemeanor if such bite or attack causes i) bodily injury to a human being or ii) the death or euthanasia of a dog or cat, and such dog or cat belongs to another person. Such euthanasia shall be based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal;
d. A Class 1 misdemeanor if such bite or attack causes disfigurement, impairment of health, or serious impairment of bodily function to a human being.
§ 3.1-796.93:3 Establishment of Dangerous Dog Registry
The Board shall establish the Commonwealth of Virginia Dangerous Dog Registry to be maintained by the Virginia Department of Agriculture and Consumer Service, Office of Veterinary Services. Each owner of any canine or canine crossbreed found by any court of competent jurisdiction to be a dangerous dog shall be required to register the animal as a dangerous dog within 45 days of such finding. Not later than January 31st until such time as the dangerous dog is deceased, the owner shall be required to renew his dangerous dog registration. The owner shall also submit a renewal within 10 days of any change in the location of the dangerous dog or any change in contact information for the owner. The Board shall establish fees for registration and renewal to cover the costs of administering and maintaining this registry, which shall be paid by the dangerous dog owner upon registration and renewal. The initial registration fee shall be not less than $100; the renewal fee each year shall be not less than $25, and the periodic renewal fee shall be not less than $10.
