Tennessee Consolidated Dog Laws

(a) As used in this section, unless the context otherwise requires, "owner" means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(g)(1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.

(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39- 11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.

(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves:

(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the property of another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to another; and

(5) A Class C felony if the dog running at large causes the death of another.

1901 Acts, c. 50, § 1; 1903 Acts, c. 419, § 1; 2007 Pub.Acts, c. 533, § 1; 2007 Pub.Acts, c. 556, § 1, eff. July 1, 2007.

Formerly Shannon's Code, § 2853a4; 1932 Code, § 5086; § 44- 1408; § 44-8-108

HISTORICAL AND STATUTORY NOTES

2007 Pub.Acts, c. 556, §§ 1, 2, amended § 44-8-408 to include penalties for violation of the section and deleted § 44-8-409, eff. July 1, 2007. 2007 Pub.Acts, c. 533, § 1, eff. July 1, 2007, amended § 44-8-409. Under the direction of the code commission, the amended provisions of § 44-8-409 were transferred to § 44-8-408 as subsecs. (h) and (i).

§ 44-8-409. Crimes and offenses - § 44-8-409. Transferred to § 44-8-408 in 2007.

Every owner of a bitch is required to confine the same for twenty-four (24) days during the time the bitch is proud.

Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction.

(a)(1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.

(2) Such a person may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.

(b) The provisions of subsection (a) shall not be construed to impose liability upon the owner of the dog if:

(1) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(2) The injured person was trespassing upon the private, nonresidential property of the dog's owner;

(3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person;

(4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.

(c)(1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on such property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities.

(2) The element of proof required by subsection (1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.

(d) The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104, for personal injury actions.

(e) As used in this section: (1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping or exercising control over the dog.

(2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of such premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats. Part 1. Dog and Cat Dealers.

The purpose of this part is to protect the owners of dogs and cats from the theft of such pets, to prevent the sale or use of dogs and cats which have been stolen, and to insure the humane treatment of dogs and cats in commerce and those used in research facilities.

(2) "Commerce" means buying or selling or transporting from one (1) place to another in this state;

(4) "Dealer" means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state;

"Dealer" also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat;

(6) "Flea market" means any assemblage of twenty (20) or more persons gathered together at regular or irregular intervals, whether in open air or under cover, for the purpose of buying, selling, or trading merchandise to and from the general public, when such buying, selling, or trading is outside of the regular business or occupation of the majority of persons so gathered, and when the majority of the persons so gathered do not pay a business privilege tax for their activities at such flea market;

(7) "Person" means any individual, firm, corporation, partnership, association, or other legal entity; and

(8) "Research facility" means any school, hospital, laboratory, institution, organization or person that uses or intends to use dogs or cats in research, tests, or experiments and that purchases or transports dogs or cats in commerce.

(a) It is unlawful for any dealer to sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce any dog or cat, unless the dealer has a currently valid license from the commissioner and has complied with the rules and regulations promulgated by the commissioner pursuant to this part.

(a) An application for a license as a dealer shall be made to the commissioner on a form provided by the commissioner, which shall contain space for such information as the commissioner may reasonably require, including evidence of ability to comply with such standards, rules and regulations as are lawfully prescribed by the commissioner.

(b) Each application for a license shall be accompanied by a license fee based upon the following:

Dealer license fee to sell dogs or cats to research facilities--two hundred and fifty dollars ($250.00)

Dealer license fee (wholesale) to sell dogs or cats for resale--one hundred and twenty-five dollars ($125.00)

Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:

Transactions of up to 50 animals per year--one hundred and twenty-five dollars ($125.00)

Transactions of 51 to 150 animals per year--two hundred and fifty dollars ($250.00)

Transactions of 301 to 500 animals per year--seven hundred and fifty dollars ($750.00)

Transactions of more than 500 animals per year--one thousand dollars ($1,000.00)

Dealer license fee to transport dogs or cats in commerce--one hundred and twenty-five dollars ($125.00).

1967 Pub.Acts, c. 332, § 4. Amended by 2002 Pub.Acts, c. 774, § 1, eff. May 22, 2002.

(1) The applicant or the responsible officers thereof are of good moral character;

(2) The applicant or any responsible officer thereof has never been convicted of cruelty to animals or of a violation of this part;

(3) An inspection has been made of the premises and a finding that it conforms to the provisions of this part and the rules and regulations of the commissioner, and is a suitable place in which to conduct the dealer's business; and

(4) The dealer's business is to be conducted in a permanent structure or building.

(b) Each license shall be issued only for the premises and to the person or persons named in the application and shall not be transferable or assignable except with the written approval of the commissioner.

A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following:

Dealer license fee to sell dogs or cats to research facilities--one hundred and twenty-five dollars ($125.00)

Dealer license fee (wholesale) to sell dogs or cats for resale--one hundred and twenty-five dollars ($125.00)

Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:

Transactions of up to 50 animals per year--one hundred and twenty-five dollars ($125.00)

Transactions of 51 to 150 animals per year--two hundred and fifty dollars ($250.00)

Transactions of 301 to 500 animals per year--seven hundred and fifty dollars ($750.00)

Transactions of more than 500 animals per year--one thousand dollars ($1,000.00)

Dealer license fee to transport dogs or cats in commerce--one hundred and twenty-five dollars ($125.00).

1967 Pub.Acts, c. 332, § 6. Amended by 2002 Pub.Acts, c. 774, § 2, eff. May 22, 2002.

(a) The license of any dealer may be suspended or revoked by the commissioner for any of the following reasons:

(3) The conviction of the licensee or any responsible officer thereof of cruelty to animals or a violation of this part; or

(4) The nonconformance by the licensee to the provisions of this part or the rules and regulations of the commissioner.

(b) If the commissioner has reason to believe that the license of any dealer should be suspended or revoked for any of the above reasons, the commissioner shall give the dealer ten (10) days' written notice of the commissioner's intention to suspend or revoke the license of the dealer and shall give the dealer an opportunity for a hearing on the issue. The dealer may produce evidence to show cause why the license should not be revoked or suspended. If the commissioner determines that conditions exist which warrant the suspension or revocation of the license, the commissioner may suspend the license for such period of time as the commissioner may specify or may revoke it, and where appropriate, may make an order that the dealer cease and desist from continuing any violation found to have been made of this part. If the license is suspended, the dealer may apply, after ninety (90) days, for reinstatement of the license.

(c) Any dealer aggrieved by a final order of the commissioner issued under this section may, within sixty (60) days after entry of such an order, have the order reviewed upon petition of certiorari in the chancery or circuit court of the county in which the dealer's residence or place of business is located.

Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information:

(1) The number of dogs or cats in the possession of the dealer on the date the report is filed;

(2) The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased;

(3) The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and

(4) The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.

Every research facility shall register with the commissioner in accordance with such rules and regulations as the commissioner may prescribe.

All dogs and cats delivered for transportation, transported, purchased, or sold to research facilities shall be marked or identified in such manner as the commissioner may prescribe.

Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats as the commissioner may prescribe.

Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility.

(a) The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by § 44-17-110.

(b) The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold thereunder adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978.

No dealer shall sell or otherwise dispose of any dog or cat within a period of five (5) business days after the acquisition of such animal or within such other period as may be specified by the commissioner.

§ 44-17-115. Inspections and inspectors; dealers or research facilities; stop of motor vehicles or other conveyances

(a) The premises of any dealer or research facility shall be made available to the commissioner or the commissioner's representative for inspection at all reasonable times. The commissioner or the commissioner's representative shall make or cause to be made such inspections or investigations of such premises as considered necessary.

(b) The commissioner or the commissioner's representative, or any legally constituted law enforcement agency, may stop any motor vehicle or other conveyance transporting dogs or cats for inspections as to the humane treatment of animals and compliance with licensing requirements of this part or for investigations in search of lost or stolen animals.

(c) The commissioner shall issue rules and regulations requiring licensed dealers and research facilities to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.

(d) Nothing in this part shall be construed as authorizing the commissioner to promulgate rules, regulations, or orders governing the handling, care, treatment or inspection of animals during actual research or experimentation by a research facility.

1967 Pub.Acts, c. 332, § 15. Amended by 2002 Pub.Acts, c. 774, § 3, eff. May 22, 2002.

(a) A person who violates any of the provisions of this part commits a Class C misdemeanor.

(b) After notice of any violation received from the commissioner, each day of a continuing violation constitutes a separate offense.

When construing or enforcing the provisions of §§ 44-17-101 -- 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of such individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual.

The commissioner may promulgate such rules and regulations as are reasonably necessary to implement the provisions of this part.

1967 Pub.Acts, c. 332, § 18. Amended by 2002 Pub.Acts, c. 774, § 6, eff. May 22, 2002.

The provisions of this part are in addition to and supplementary of title 39, chapter 14, part 2.

1967 Pub.Acts, c. 332, § 19; 1996 Pub.Acts, c. 675, § 45, eff. March 28, 1996.

(a) Any dog which attacks a human and thereby causes death or serious injury may be destroyed upon the order of such judge of the circuit court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice as in civil cases, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.

(b) Notwithstanding the provisions of subsection (a), in counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000) according to the 1990 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs and/or dogs causing death or serious injury to humans or other animals.

Subject to the provisions of this part, the commissioner has the authority to confiscate animals as may be necessary to provide for the humane treatment of such animals.

The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers.

Where any dog shall kill, or in any manner damage, any livestock in this state, the owner or harborer of such dog shall be liable, in an action for damage, to the owner of such livestock.

Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under § 44-17-201.

In an action for damages against a person for killing or injuring a dog, satisfactory proof that the dog had been or was killing or worrying livestock constitutes a good defense to such action.

This part shall be known and may be cited as the "Nonlivestock Animal Humane Death Act."

AN ACT to amend Tennessee Code Annotated, Title 44, Chapter 17, relative to the euthanasia of non-livestock animals.

SECTION 2. Tennessee Code Annotated, Section 44-17-302, is amended by designating the existing language as subsection (a) and by adding the following new subsection (b):

(b) The provisions of this part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.

SECTION 4. This act shall take effect July 1, 2008, the public welfare requiring it.

Approved this 18th day of March, 2008

TN LEGIS 639 (2008)

The provisions of this part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted nonlivestock animals.

AN ACT to amend Tennessee Code Annotated, Title 44, Chapter 17, relative to the euthanasia of non-livestock animals.

SECTION 1. Tennessee Code Annotated, Section 44-17-303, is amended by deleting subsection (b) and substituting instead the following:

(b) A non-livestock animal may be tranquilized with an approved and humane substance before any form of euthanasia involving a lethal injection is performed but the animal must be tranquilized if the euthanasia is performed by the method described in subsection (a)(3).

SECTION 4. This act shall take effect July 1, 2008, the public welfare requiring it.

Approved this 18th day of March, 2008

TN LEGIS 639 (2008)

(a) Sodium pentobarbital and such other agents as may be specifically approved by the rules of the board of veterinary medicine shall be the only methods used for euthanasia of nonlivestock animals by public and private agencies, animal shelters and other facilities operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted nonlivestock animals. A lethal solution shall be used in the following order of preference:

(3) Intracardial injection by hypodermic needle, but only if performed on heavily sedated, anesthetized or comatose animals; or

(b) A nonlivestock animal may be tranquilized with an approved and humane substance before euthanasia is performed.

(c) Succinylcholine chloride, curare, curariform mixtures, strychnine, nicotine, chloral hydrate, magnesium or potassium or any substance which acts as a neuromuscular blocking agent, or any chamber which causes a change in body oxygen may not be used on any nonlivestock animal for the purpose of euthanasia. Any such chamber in use as of July 1, 2001, shall be phased out and shall not be used on or after July 1, 2002.

(d) Euthanasia shall be performed only by a licensed veterinarian, Tennessee veterinarian medical technician or an employee or agent of a public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted nonlivestock animals, provided that the Tennessee veterinarian medical technician, employee or agent has successfully completed a euthanasia-technician certification course. The curriculum for such course must be approved by the board of veterinary medical examiners and must include, at a minimum, knowledge of animal anatomy, behavior and physiology; animal restraint and handling as it pertains to euthanasia; the pharmacology, proper dosages, administration techniques of euthanasia solution, verification of death techniques, laws regulating the storage, security and accountability of euthanasia solutions; euthanasia technician stress management and the proper disposal of euthanized nonlivestock animals.

(e) An employee, agent or Tennessee veterinarian medical technician performing euthanasia prior to July 1, 2001, who previously passed an approved euthanasia-technician certification course will be accepted as qualified under the Nonlivestock Animal Humane Death Act to perform euthanasia on nonlivestock animals. Any other employee, agent or Tennessee veterinarian medical technician seeking to perform euthanasia on nonlivestock animals on or after July 1, 2001, must obtain certification prior to performing any such euthanasia.

(f) A nonlivestock animal may not be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may its body be disposed of until a qualified person confirms death.

(g) Notwithstanding the provisions of this section or any other law to the contrary, whenever an emergency situation exists in the field which requires the immediate euthanasia of an injured, dangerous or severely diseased nonlivestock animal, a law enforcement officer, a veterinarian, or agent of a local animal control unit or the designee of such an agent may humanely destroy the nonlivestock animal.

(h) For purposes of this part, "nonlivestock animal" shall have the meaning set forth in § 39-14-201(3).

(i) The attorney general may bring an action to enjoin any violation of the Nonlivestock Animal Humane Death Act.

(j) Any person who violates the provisions of the Nonlivestock Animal Humane Death Act is guilty of a Class A misdemeanor.

(k) These provisions shall not apply to exotic animals being held under the authority of title 70, chapter 4, part 4, and Rule 1660-1-18-.05 of the Official Compilation of Rules and Regulations of the State of Tennessee.

1980 Pub.Acts, c. 482, § 3; 1997 Pub.Acts, c. 106, §§ 8, 9, eff. Jan. 1, 1998; 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001.

§ 44-17-304. Repealed by 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001 - AMENDED 2008

AN ACT to amend Tennessee Code Annotated, Title 44, Chapter 17, relative to the euthanasia of non-livestock animals.

SECTION 3. Tennessee Code Annotated, Title 44, Chapter 17, Part 3, is amended by adding the following new section:

<< TN ST § 44-17-304 >>
Section 44-17-304.
(a) Before any public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before such animal may be euthanized.
(b) The provisions of subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal.
SECTION 4. This act shall take effect July 1, 2008, the public welfare requiring it.

Approved this 18th day of March, 2008

TN LEGIS 639 (2008)

No agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy which restricts or prevents the owner of any dog from using an electronic locating collar to protect such dog from loss; except that the wildlife resources commission may limit the use of electronic locating collars through the promulgation of rules and regulations when required for the proper management of wildlife species.

§ 44-17-402. Admission of hunters onto property owned by wildlife resources agency; search for lost dogs

If the owner or a person in control of a dog is hunting with either a firearm or a bow and arrow, and such person's dog strays onto property owned by the federal government and operated by the Tennessee wildlife resources agency, such owner or person may proceed onto such property without the person's firearm or bow and arrow. Such person shall not be liable for any criminal sanction related to the pursuit of such dog. However, nothing in this section shall be construed to grant civil immunity to the owner or the person in control of the dog for any personal injury or property damage caused by the dog.

(a)(1) If a person's pet is killed or sustains injuries which result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if such death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.

(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

(b) As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner.

(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.

(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.

(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.

(f) Deleted by 2004 Pub.Acts, c. 940, § 4, eff. June 15, 2004, and 2004 Pub.Acts, c. 957, § 6, eff. June 15, 2004.

2000 Pub.Acts, c. 762, § 1. Amended by 2004 Pub.Acts, c. 940, § 4, eff. June 15, 2004; 2004 Pub.Acts, c. 957, §§ 5 to 7, eff. June 15, 2004.

If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

(a) No person shall adopt a dog or cat from an agency, including, but not limited to an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless:

(2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or

(3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian:

(A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or

(B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.

(b) Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.

(a) If the dog or cat being adopted has not been spayed or neutered, the agency shall require a deposit of not less than twenty-five dollars ($25.00) from the new owner prior to the adoption in order to ensure that the dog or cat is spayed or neutered. The new owner may request and shall receive a refund of the deposit from the agency upon providing confirmation of the spaying or neutering.

(b) If the new owner fails to have the dog or cat spayed or neutered within the time frame established by § 44-17-502, or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional ten (10) days after the date by which the spaying or neutering is required to be performed, such deposit shall be forfeited to the agency holding the deposit and shall be used by the agency to conduct programs to spay or neuter dogs and cats and/or to conduct educational programs in support of the spaying and neutering of dogs and cats.

If a person fails to comply with the provisions of this part, the agency may file a petition with a court of competent jurisdiction seeking compliance and/or requesting return of the dog or cat to the agency from which it was adopted.

Nothing in this part shall be construed to authorize an agency to spay or neuter a dog or cat, if such dog or cat is being claimed by and returned to its lawful owner within seven (7) days of such dog or cat being taken into custody by the agency.

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing.

(a) No person shall knowingly hunt deer being chased by dogs nor shall any person knowingly and intentionally permit such person's dogs to hunt or chase deer.

(b) Any officer of the wildlife resources agency may take into possession any dog known to have hunted or chased deer and shall notify the owner of the dog, or if the owner is unknown, shall advertise in a newspaper of general circulation in the county that the dog is in the officer's possession, giving the description of the dog and stating the circumstances under which it was taken. The officer shall hold the dog for a period of ten (10) days and shall report the facts in full to the director.

(c) If, within ten (10) days, the owner claims the dog, the owner may repossess it on payment of the costs of advertising and the cost of keep. If the owner does not claim the dog within the above specified time, the dog shall be deemed ownerless and a public nuisance and shall be disposed of in the manner prescribed by the executive director. In this event, the costs of advertising and keep shall be paid by the agency.

(d) Any person violating the provisions of this section commits a Class B misdemeanor. It is mandatory upon the court to impose the prison sentence, and the minimum time is not subject to suspension, but may be served on such days designated by the judge.

1951 Pub.Acts, c. 115, § 46; 1961 Pub.Acts, c. 198, § 2; impl. am. by 1974 Pub.Acts, c. 481, §§ 6, 7; 1974 Pub.Acts, c. 481, § 21; 1981 Pub.Acts, c. 199, §§ 1, 2; 1989 Pub.Acts, c. 591, § 113; 1990 Pub.Acts, c. 891, § 15; 1990 Pub.Acts, c. 981, § 3.

Title 70. Wildlife Resources. Chapter 5. Wildlife Preserves and Restoration Projects.

§ 70-5-101. Refuges, hunting and wildlife management areas; establishment; crimes and offenses

(a) The wildlife resources agency has the power and authority to establish, with the consent of the property owner, public hunting areas, refuges, or wildlife management areas, wherever it deems necessary or feasible for the protection, propagation and management of wildlife, or any of these.

(b)(1) It is unlawful to hunt, kill, destroy, trap, ensnare, or molest in any manner any wildlife within such areas or to trespass on such areas, except as provided by proclamation or rule or regulation. Such areas shall be posted in conspicuous places. The executive director is authorized to issue permits for the destruction of predatory wildlife within such areas.

(2) A violation of subdivision (b)(1) is a Class C misdemeanor.

(c)(1) Subject to existing rights, lands managed by the wildlife resources agency shall be open to access and use for recreational hunting and fishing, except as limited by the agency for reasons of public safety, homeland security, or as otherwise limited by law.

(2) For the purposes of this subsection (c), lands managed by the agency include lands owned by the agency, as well as lands owned by other public entities for which the agency regulates hunting and fishing.

(3) The agency shall exercise its authority to manage lands in a manner to support, promote and enhance recreational hunting and fishing opportunities to the extent authorized by law.

(4) The agency is not required to give preference to hunting and fishing over other uses or priorities established by state law.

(5) Agency decisions and actions shall not result in any net loss of any acreage available for hunting and fishing opportunities.

(6) Prior to January 1, 2008, and each January 1 thereafter, the agency shall submit to the chair of the conservation and environment committee of the house of representatives and the chair of the environment, conservation and tourism committee of the senate a written report containing:

(7) When lands owned by the agency are closed to hunting or fishing, the agency shall mitigate the closure by opening new lands to be used for the same purpose, within twelve (12) months of closure. The managed lands to be opened shall be at least equal to the acreage of lands closed by the agency and shall be located in the same grand division of the state in which the closed lands are located. The agency shall not be responsible for mitigation of land closures when lands not owned by the agency are removed from the agency's control or closed to hunting and fishing by the owning entity.

(8) The agency is exempt from the provisions of this subsection (c) when closing or utilizing acreages of public hunting and fishing lands for the following purposes:

(9) This subsection (c) shall have no effect on the agency's authority or ability to regulate hunting and fishing, including its ability to set season times and lengths, and bag limits.

1951 Pub.Acts, c. 115, § 56; 1953 Pub.Acts, c. 255, § 4; impl. am. by 1974 Pub.Acts, c. 481, §§ 6, 7; 1974 Pub.Acts, c. 481, § 21; 1982 Pub.Acts, c. 738, § 32; 1989 Pub.Acts, c. 591, § 113; 1990 Pub.Acts, c. 891, § 21; 2007 Pub.Acts, c. 87, §§ 1, 2, eff. July 1, 2007.

Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats.

Dogs at Large

Licenses and Permits

Vicious and Dangerous Dog Provisions

Euthanasia Provisions

Dogs as Personal Property (locating dogs and recovery for injury to dogs)

Spay/Neuter Provisions

Title 44. Animals and Animal Husbandry. Chapter 8. Fences and Confinement. Part 4. Running at Large.

Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats.

Licenses and Permits:

Vicious and Dangerous Dog Provisions:

Euthanasia Provisions:

Dogs as Personal Property (locating dogs and recovery for injury to dogs):

Spay/Neuter Provisions:

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing.

Title 70. Wildlife Resources. Chapter 5. Wildlife Preserves and Restoration Projects.

Title 44. Animals and Animal Husbandry. Chapter 17. Dogs and Cats. Part 1. Dog and Cat Dealers.

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing.

Title 70. Wildlife Resources. Chapter 5. Wildlife Preserves and Restoration Projects.