Chapter 18. Animal Control.

§ 8-1801. Definitions.

§ 8-1802. Animal Control Agency.

§ 8-1803. Vaccinations.

§ 8-1804. Licenses and fees.

§ 8-1805. Impoundment.

§ 8-1806. Release to owner.

§ 8-1807. Adoption.

§ 8-1808. Prohibited conduct.

§ 8-1810. Education and incentive program.

§ 8-1811. Penalty.

§ 8-1812. Civil liability.

§ 8-1813. Notice of violation.

§ 8-1801. Definitions.

For the purposes of this chapter:

(1)(A) The term "animal at large" means any animal found off the premises of its owner and neither leashed nor otherwise under the immediate control of a person capable of physically restraining it.

(B) The term "at large" does not include a dog in a dog park that is under the verbal command of a responsible adult.

(2) The term "animal shelter" means a District of Columbia government facility used by the Animal Control Agency for the care and detention of animals.

(3) The term "dangerous animal" means an animal that because of specific training or demonstrated behavior threatens the health or safety of the public. The term "dangerous animal" does not include a dangerous dog as defined in § 8-1901(1).

(3A) The term "District-owned parkland" means outdoor property within the possession and control of the government of the District of Columbia.

(3B) The term "dog park" means an officially established off-leash dog exercise area on District-owned or federal parkland.

(4) The term "Mayor" means the Mayor of the District of Columbia or his designee.

(5) The term "owner" means a person in the District of Columbia who purchases or keeps an animal in temporary or permanent custody except as provided in § 8-1804.

(6) The term "vaccinated" means protected by a documented inoculation that the Mayor, consistent with the practices of veterinary medicine, determines is currently effective.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 2, 26 DCR 765; Oct. 18, 1988, D.C. Law 7-176, § 9(a), 35 DCR 4787; Dec. 10, 2005, D.C. Law 16-40, § 2(a), 52 DCR 9087.)

§ 8-1802. Animal Control Agency.

(a) The Mayor may contract, either by negotiation or competitive bid, with a District of Columbia humane organization to serve as the Animal Control Agency. The Mayor may delegate all or part of his authority under this chapter, including the issuance of notices of violations, to the Animal Control Agency; provided, that only a sworn member of the Metropolitan Police Department may serve a notice of violation with respect to § 8-1808(a) outside the premises of the animal shelter.

(b) The Animal Control Agency shall deliver all fees collected under this chapter to the Mayor.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 3, 26 DCR 765; Sept. 16, 1980, D.C. Law 3-97, § 2(a), 27 DCR 3523.)

§ 8-1803. Vaccinations.

(a) An owner who has a dog over the age of 4 months shall have the dog vaccinated against rabies and distemper. Pursuant to rules issued by the Mayor, an owner of a cat over the age of 4 months shall have that cat vaccinated against rabies.

(b) The Mayor shall provide a free anti-rabies vaccination clinic annually.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 4, 26 DCR 765; Mar. 10, 1983, D.C. Law 4-199, § 4(a), 30 DCR 119.)

§ 8-1804. Licenses and fees.

(a) For purposes of this section, "owner" shall not include:

(1) A licensed veterinary hospital;

(2) A licensed pet shop; and

(3) An incorporated animal welfare agency not engaged in the sale of animals.

(b) An owner who has a dog over the age of 4 months shall before July 1st of each year, or within 10 days of acquiring the dog, or within 10 days after the dog becomes 4 months of age, obtain an annual license. An owner shall ensure that his dog wears a collar and a license.

(c) Before any annual license may be issued, the owner of the dog shall have the dog vaccinated against rabies and distemper, and shall pay any outstanding fines.

(d) The Mayor shall collect the fees and issue the licenses as provided in this section. The Mayor shall promulgate regulations to allow veterinarians to collect license fees and issue licenses. The regulations shall permit veterinarians to collect an additional $2 for each license issued as reimbursement for administrative costs.

(e) Except as provided in subsection (f) of this section, the annual license fee for a dog is as follows:

(1) No fee for a dog trained to aid the deaf, hearing impaired, or blind and actually used for that purpose;

(2) $10 for a male dog certified by a licensed veterinarian as either neutered or incapable of enduring neutering;

(3) $10 for a female dog certified by a licensed veterinarian as either spayed or incapable of enduring spaying; and

(4) $35 for all other dogs.

(f) For the year July 1, 1979, to June 30, 1980, the annual license fee for a dog is as follows:

(1) No fee for a dog trained to aid the deaf, hearing impaired, or blind and actually used for that purpose; and

(2) $8 in any other case.

(g) No license may be transferred from 1 dog to another.

(h) Any license issued pursuant to this section shall be issued by the Department of Health.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 5, 26 DCR 765; Mar. 17, 1993, D.C. Law 9-236, § 2(a), 40 DCR 614; Sept. 26, 1995, D.C. Law 11-52, § 101, 42 DCR 3684; Apr. 20, 1999, D.C. Law 12-261, § 2004, 46 DCR 3142; Apr. 24, 2007, D.C. Law 16-305, § 30, 53 DCR 6198.)

§ 8-1805. Impoundment.

(a) The Mayor may impound any animal at large or any dangerous animal.

(b) Upon impounding an animal, the Mayor shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal.

(c) The Mayor may dispose of any wild, sick, or badly injured animal upon its impoundment.

(d) The Mayor shall provide appropriate vaccinations for each animal upon its impoundment.

(e) The Mayor shall provide appropriate veterinary services for each dog wearing a valid license upon its impoundment.

(f) The Mayor shall deem abandoned any animal impounded and not redeemed by its owner within 7 days of impoundment if such animal is wearing identification. If notice is given under subsection (b) of this section, the owner has 7 days from the date of the notice to claim the animal. Any animal impounded not wearing identification shall be deemed abandoned if not redeemed by its owner within 5 days of impoundment. An animal deemed abandoned shall become the property of the District of Columbia and may be adopted or disposed of in a humane manner.

(g) The Mayor shall not release an animal unless it is vaccinated against rabies.

(h) The Mayor shall not release a sick or dangerous animal to anyone other than a licensed veterinarian until reasonably satisfied that it is safe to do so.

(i) The Mayor shall adopt rules for disposing of animals impounded under this section in accordance with § 2-505.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 6, 26 DCR 765; Sept. 16, 1980, D.C. Law 3-97, § 2(b), 27 DCR 3523; Mar. 17, 1993, D.C. Law 9-236, § 2(b), 40 DCR 614.)

§ 8-1806. Release to owner.

(a) The Mayor shall not release a dog to its owner unless the owner has obtained a license as provided in § 8-1804.

(b) An owner of an animal that is impounded shall pay the following:

(1) An impoundment fee of $15 for animals certified by a licensed veterinarian as either spayed or neutered or incapable of enduring spaying or neutering;

(2) An impoundment fee of $15 for unneutered and unspayed animals, provided the owner agrees to have the animal sterilized and prepays the cost of the surgery;

(3) An impoundment fee of $75 for dogs and $50 for all other animals that have not been spayed or neutered, where the owner does not utilize the option in paragraph (2) of this subsection;

(4) A boarding fee of $5 for each night after the 1st night;

(5) The cost of veterinary services, including vaccinations, provided by the Mayor; and

(6) Any outstanding fines.

(c) The Mayor shall issue a notice of violation to an owner of an animal impounded under § 8-1805 except that this subsection shall not apply the 1st time an owner has an animal impounded.

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(Oct. 18, 1979, D.C. Law 3-30, § 7, 26 DCR 765; Mar. 17, 1993, D.C. Law 9-236, § 2(c), 40 DCR 614.)

§ 8-1807. Adoption.

(a) The Mayor shall not release a dog for adoption unless the person adopting the dog obtains a license as provided in § 8-1804.

(b)(1) The Mayor shall not release a female animal over the age of 6 months for adoption unless:

(A) The animal has been spayed; and

(B) The person adopting the animal has paid the expense of spaying.

(2) The Mayor shall not release a female animal under the age of 6 months for adoption unless the person adopting the animal has paid the expense of spaying the animal. The person adopting the animal shall have it spayed before it becomes 6 months of age.

(3) The Mayor shall not release a male animal over the age of 10 months for adoption unless:

(A) The animal has been neutered; and

(B) The person adopting the animal has paid the expense of neutering.

(4) The Mayor shall not release a male animal under the age of 10 months for adoption unless the person adopting the animal has paid the expense of neutering the animal. The person adopting the animal shall have it neutered before it becomes 10 months of age.

(5) The Mayor shall refund any money collected for the purpose of spaying or neutering an animal upon proof that the animal has been spayed or neutered by a private veterinarian.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 8, 26 DCR 765; Sept. 16, 1980, D.C. Law 3-97, § 2(c), 27 DCR 3523.)

§ 8-1808. Prohibited conduct.

(a) No owner of an animal shall allow the animal to go at large.

(b) No person shall knowingly and falsely deny ownership of any animal.

(c) No person shall remove the license of a dog without the permission of its owner.

(d) No person shall change the natural color of a baby chicken, duckling, other fowl or rabbit.

(e) No dog shall be permitted on any school ground when school is in session or on any public recreation area, other than a dog park, unless the dog is leashed.

(f) No person shall sell or offer for sale a baby chicken, duckling, other fowl, or rabbit that has had its natural color changed.

(g) No person shall sell or offer for sale a rabbit under the age of 16 weeks or a chick or duck under the age of 8 weeks except for agricultural or scientific purposes.

(h)(1) Except as provided in this subsection, no person shall import into the District, possess, display, offer for sale, trade, barter, exchange, or adoption, or give as a household pet any living member of the animal kingdom including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), domesticated rodents and rabbits, captive-bred species of common cage birds, nonpoisonous snakes, fish, and turtles, traditionally kept in the home for pleasure rather than for commercial purposes, and racing pigeons (when kept in compliance with permit requirements).

(2) A person may offer the species enumerated in paragraph (1) of this subsection to a public zoo, park, museum, or educational institution for educational, medical, scientific, or exhibition purposes.

(3) This section shall not apply to federally licensed animal exhibitors; however, the Mayor retains the authority to restrict the movement of any prohibited animal into the District and the conditions under which those movements are made.

(4) The Mayor may allow a licensed wildlife rehabilitator, a licensed veterinarian, or a licensed animal shelter to maintain an animal prohibited in this subsection for treatment or pending appropriate disposition.

(5) Paragraph (1) of this subsection shall not apply to persons who own or possess domestic dog hybrids of wolves, coyotes, or jackals prior to March 17, 1993.

(i) No person may sponsor, promote, train an animal to participate in, contribute to the involvement of an animal in, or attend as a spectator any activity or event in which any animal engages in unnatural behavior, is wrestled or fought, mentally or physically harassed, or displayed in such a way that the animal is struck, abused, or mentally or physically stressed or traumatized, or is induced, goaded or encouraged to perform or react through the use of chemical, mechanical, electrical, or manual devices in a manner that will cause, or is likely to cause, physical or other injury or suffering. This prohibition applies to any event or activity at a public or private facility or property and is applicable regardless of the purpose of the event or activity and regardless of whether a fee is charged to spectators.

(j) No person who has control or custody of a dog shall, direct, encourage, cause, allow or otherwise aid or assist that dog to threaten, charge, bite, or attack a person or other animal, except that a person may keep a properly trained dog on private property to defend it and its occupants from intruders, and may order a dog to defend a person under attack. This section shall not apply to dogs who work for the Metropolitan Police Department or any other law enforcement agency.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 9, 26 DCR 765; Sept. 16, 1980, D.C. Law 3-97, § 2(d), (e), (g), 27 DCR 3523; Mar. 10, 1983, D.C. Law 4-199, § 4(b), 30 DCR 119; Mar. 17, 1993, D.C. Law 9-236, § 2(d), 40 DCR 614; June 8, 2001, D.C. Law 13-303, § 4, 47 DCR 7307; Dec. 10, 2005, D.C. Law 16-40, § 2(b), 52 DCR 9087.)

§ 8-1808.01. Dog parks.

(a) The Mayor is authorized to establish dog parks on District-owned parkland in which a dog under the verbal command of a responsible adult may exercise off-leash.

(b) A dog park shall be completely enclosed by a fence and gate, both no less than 5 feet in height.

(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section. The rules shall:

(1) Establish procedures for selecting a site for establishment of a dog park, which shall include notice to the public and an opportunity for public comment; and

(2) Establish procedures for the operation, maintenance, and use of a dog park, which shall include a process for enforcement of the rules and for monitoring and addressing health and environmental safety concerns.

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(Oct. 18, 1979, D.C. Law 3-30, § 9a, as added Dec. 10, 2005, D.C. Law 16- 40, § 2(c), 52 DCR 9087.)

§ 8-1809. Animal hobby permit.

(a) No person shall own or keep 5 or more mammals, larger than a guinea pig and over the age of 4 months, without obtaining an animal hobby permit: Except, that this section shall not apply to a licensed pet shop, licensed veterinary hospital, circus or traveling exhibition.

(b) An owner of 5 or more mammals shall before July 1st of each year or within 10 days of acquiring 5 or more mammals obtain the permit required by this section.

(c) An owner applying for an animal hobby permit shall fully describe the kind and number of mammals to be maintained and the premises where the mammals are to be kept.

(d) No animal hobby permit shall be issued to:

(1) A dog owner unless the owner has obtained a license for each dog as provided in § 8-1804;

(2) An owner who maintains mammals for commercial purposes. For purposes of this section, "commercial purposes" shall not include the sale of offspring if such sales are occasional and are not the primary purpose for maintaining the mammals.

(e) The Mayor shall collect the fees and issue the permits as provided in this section.

(f) A holder of an animal hobby permit shall provide his mammals with appropriate veterinary care. A holder of an animal hobby permit shall maintain the premises and enclosures where the mammals are kept in a clean and sanitary condition.

(g) A holder of an animal hobby permit shall not permit objectionable odors or noises to disturb the comfort or quiet of any neighborhood. A holder of an animal hobby permit shall not permit a mammal to commit a nuisance on public space or property owned by others.

(h) The Mayor may revoke an animal hobby permit for failure to comply with the provisions of this section.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 10, 26 DCR 765.)

§ 8-1810. Education and incentive program.

The Mayor shall implement an education and incentive program, which shall include the following:

(1) Low cost spay and neuter clinic services; and

(2) Program for education of animal owners.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 11, 26 DCR 765.)

§ 8-1811. Penalty.

Each person who violates a provision of this chapter shall pay a fine not to exceed $25 for the first violation, $50 for the second violation occurring within a 24-month period, and $100 for each subsequent violation occurring within a 24-month period.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 12, 26 DCR 765; Mar. 17, 1993, D.C. Law 9-236, § 2(e), 40 DCR 614.)

§ 8-1812. Civil liability.

If a dog injures a person while at large, lack of knowledge of the dog's vicious propensity standing alone shall not absolve the owner from a finding of negligence.

CREDIT(S)

(Sept. 16, 1980, D.C. Law 3-97, § 2(f), 27 DCR 3523.)

§ 8-1813. Notice of violation.

(a) The Mayor may issue a notice of violation to any person who violates a provision of this chapter.

(b) A notice of violation shall:

(1) State the nature of the violation; and

(2) Describe the procedures provided in this section.

(c) A notice of violation shall be the summons and complaint for the purposes of this chapter.

(d) A person shall answer a notice of violation within 15 days by:

(1) Depositing and forfeiting collateral in an amount established by the Superior Court of the District of Columbia; or

(2) Depositing collateral in an amount established by the Superior Court of the District of Columbia and requesting, through the issuing agency, a trial in Court.

(e) The Mayor shall prescribe the form for the notice of violation and establish procedures for the administrative control of the notice of violation.

CREDIT(S)

(Oct. 18, 1979, D.C. Law 3-30, § 13, 26 DCR 765.)

Subtitle E. Animal Control and Protection. Chapter 19. Dangerous Dogs.

§ 8-1901. Definitions.

For purposes of this chapter, the term:

(1)(A) "Dangerous dog" means any dog that:

(i) Has bitten or attacked a person or domestic animal without provocation; or

(ii) 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.

(B) The term "dangerous dog" shall not include dogs used by law enforcement officials for legitimate law enforcement purposes.

(2) "Serious injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.

(3) "Proper enclosure" means secure confinement indoors or secure confinement in a locked pen or structure measuring at least 5 feet in width, 10 feet in length, and 6 feet in height, with secure sides and a secure top, which provides protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the owner's property.

(4) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog.

(5) "Impound" means taken into the custody of the Mayor of the District of Columbia.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 2, 35 DCR 4787.)

§ 8-1902. Determination of a dangerous dog.

(a) If the Mayor has probable cause to believe that a dog is a dangerous dog, the Mayor may convene a hearing for the purpose of determining whether the dog in question shall be declared a dangerous dog and to determine if the dog would constitute a significant threat to the public health and safety if returned to its owner. Prior to a hearing, the Mayor shall conduct or cause to be conducted an investigation and shall provide reasonable notification of the hearing to the owner.

(b) Following notice to the owner and prior to the hearing, if the Mayor has probable cause to believe that a dog is a dangerous dog and may pose an immediate threat of serious harm to human beings or other domestic animals, the Mayor may obtain a search warrant pursuant to Rule 204 of the District of Columbia Superior Court Rules of Civil Procedure and impound the dog pending disposition of the case. The owner of the dog shall be liable to the District for the costs and expenses of keeping the dog.

(c) The hearing shall be held within no less than 5, and no more than 10 days, excluding holidays, Saturdays and Sundays, after service of notice upon the owner of the dog. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the dog should not be declared a dangerous dog or not determined to be a significant threat to the public health and safety if returned to its owner. The Mayor may decide all issues for or against the owner of the dog regardless of whether the owner fails to appear at the hearing.

(d) Within 5 days after the hearing, the owner shall be notified in writing of the determination by the Mayor.

(e) If the owner contests the determination, the owner may, within 5 days of the determination, bring a petition in the Superior Court of the District of Columbia seeking de novo review of the determination. A decision by the Superior Court of the District of Columbia shall not affect the Mayor's right to later declare a dog to be a dangerous dog or to determine that the dog constitutes a threat to the public health and safety, for any subsequent actions of the dog.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 3, 35 DCR 4787.)

§ 8-1903. Consequences of a dangerous dog determination.

If a determination is made that a dog is a dangerous dog under § 8-1902, the owner shall comply with the provisions of §§ 8-1904 and 8-1905 and any other special security or care requirements established by the Mayor, and in accordance with a time schedule established by the Mayor. A dangerous dog determined to constitute a significant threat to the public health and safety if returned to its owner may be humanely destroyed.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 4, 35 DCR 4787.)

§ 8-1904. Dangerous dog registration requirements.

The Mayor shall issue a certificate of registration to the owner of a dangerous dog if the owner establishes to the satisfaction of the animal control agency that:

(1) The owner of the dangerous dog is 18 years of age or older;

(2) A valid license has been issued for the dangerous dog pursuant to District law;

(3) The dangerous dog has current vaccinations;

(4) The owner of the dangerous dog has the written permission of the property owner where the dangerous dog will be kept;

(5) The owner of the dangerous dog has a proper enclosure to confine the dangerous dog;

(6) The owner of the dangerous dog has posted on the premises a clearly visible written warning sign that there is a dangerous dog on the property with a conspicuous warning symbol that informs children of the presence of a dangerous dog;

(7) The owner of the dangerous dog has secured a policy of liability insurance issued by an insurer qualified under District law in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the dangerous dog and containing a provision requiring the District to be named as an additional insured for the sole purpose of requiring the insurance company to notify the District of any cancellation, termination, or expiration of the liability insurance policy;

(8) The dangerous dog has been presented to the appropriate agency to be photographed for identification purposes; and

(9) The owner has paid an annual fee in an amount to be determined by the Mayor, in addition to regular dog licensing fees, to register the dangerous dog.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 5, 35 DCR 4787.)

§ 8-1905. Dangerous dog owner responsibility.

It shall be unlawful for the owner of a dangerous dog in the District to:

(1) Keep a dangerous dog without a valid certificate of registration issued under § 8-1904;

(2) Permit the dangerous dog to be outside the proper enclosure unless the dangerous dog is under the control of a responsible person and is muzzled and restrained by a substantial chain or leash, not exceeding 4 feet in length. The muzzle shall be made in a manner that will not cause injury to the dangerous dog or interfere with its vision or respiration but shall prevent it from biting any human being or animal;

(3) Fail to notify the Mayor within 24 hours if a dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died, has been sold, or has been given away. If the dangerous dog has been sold or given away the owner shall also provide the Mayor with the name, address, and telephone number of the new owner of the dangerous dog;

(4) Fail to maintain the liability insurance coverage required under § 8- 1904;

(5) Fail to surrender a dangerous dog to the Mayor for safe confinement pending a disposition of the case when there is a reason to believe that the dangerous dog is a significant threat to the public health and safety; or

(6) Fail to comply with any special security or care requirements established by the Mayor pursuant to § 8-1903.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 6, 35 DCR 4787.)

§ 8-1906. Penalties.

(a) An owner of a dangerous dog who violates the provisions of §§ 8-1904 and 8-1905 shall be fined up to $300 for the first offense and up to $500 for each subsequent offense.

(b) An owner of a dangerous dog that causes serious injury to or kills a human being or a domestic animal without provocation shall be fined up to $10,000.

(c) A violation of this chapter shall be a civil infraction for purposes of Chapter 18 of title 2. Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or the rules issued under authority of this chapter, pursuant to Chapter 18 of Title 2 Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2.

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(Oct. 18, 1988, D.C. Law 7-176, § 7 (a)-(c), 35 DCR 4787.)

§ 8-1907. Annual dangerous dog licensing drive; educational program.

(a) The Mayor shall conduct an annual dangerous dog licensing drive in order to ensure compliance with the provisions of this chapter.

(b) Within 180 days of October 18, 1988, the Mayor shall implement an educational campaign for the public on provisions of this chapter and existing laws concerning animal control.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 8, 35 DCR 4787.)

§ 8-1908. Rules.

The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter.

CREDIT(S)

(Oct. 18, 1988, D.C. Law 7-176, § 10, 35 DCR 4787.)