Dangerous Dog: Related Statutes

Statute by category Citationsort ascending Summary
WA - Dog - Consolidated Dog Laws West's RCWA 4.24.410; 9.08.010 - 90; West's RCWA 9A.76.200; West's RCWA 9.91.170 - 175; 16.10.010 - 40; 16.54.010 - 40; 16.70.010 - 60; 36.49.020 - 070; 77.12.315; 77.15.240, 245, 440; 77.32.525; 77.32.540

These Washington statutes comprise the state's dog laws.  Among the provisions include vaccination requirements, dog control zones in municipalities, dangerous dog laws, and provisions concerning hunting with dogs.

WA - Dangerous Dog - 16.08.090. Dangerous dogs--Requirements for restraint West's RCWA 16.08.090

This Washington statute outlines the state and local provisions related to dangerous or potentially dangerous dogs.  It first provides that it is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person.  Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances and nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.

WA - Dangerous Dog - 16.08.070. Dangerous dogs and related definitions West's RCWA 16.08.070

This Washington statute provides the definitions related to dangerous dogs, including dangerous dog, potentially dangerous dog, severe injury, and owner, among others.

WA - Dangerous Dog - 16.08.040. Dog bites. Liability and Dangerous dogs and related provisions. West's RCWA 16.08.010 - 100

This Washington statute outlines the state's dangerous dog laws.  Under the law, the owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog for the amount of damages sustained in a civil action.  Further, there is strict liability for the owner of any dog that bites any person while in a public place or lawfully on a private place including the property of the owner of such dog, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.  However, proof of provocation of the attack by the injured person shall be a complete defense to an action for damages. 

FL - Dangerous Dog - CHAPTER 767. DAMAGE BY DOGS. West's F. S. A. § 767.14 This Florida statute provides that nothing in the dangerous dog act limits the ability of local governments from enacting restrictions on dangerous dogs more severe than the state law, as long as the regulations are not breed-specific.
FL - Ordinances - Interpretation of Dog Ordinances under Dangerous Dogs West's F. S. A. § 767.07

This Florida statute provides that the statutory section relating to state regulation of dangerous dogs is supplemental to all other state laws affecting dogs and shall not be construed to modify those laws or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance.

FL - Dogs - Florida Dog /Dangerous Dog Laws West's F. S. A. § 509.233; § 767.01 - 16; § 705.19; § 823.041; § 823.15 - 151; § 877.14

These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws.  The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness.  However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident.  If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree.  The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing.

CA - Animal Control - Chapter 4. Animal Control West's Ann.Cal.Health & Safety Code §§ 121875 - 121945

Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them.

CA - Dog Park - § 831.7.5. Liability of public entity owning or operating a dog park; actions of a dog in the dog park West's Ann.Cal.Gov.Code § 831.7.5 This law in the Government Code states that a public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.
CA - Dog, dangerous - § 31625. Seizure and impoundment pending hearing West's Ann.Cal.Food & Agric.Code § 31625

This California statute allows an animal control officer or law enforcement officer to seize and impound the dog pending hearing if there is probable cause to believe the dog poses an immediate threat to public safety.  The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

 

CA - Dogs - Consolidated Dog Laws West's Ann. Cal. Penal Code § 398 - 399.5, § 487e et seq, § 597b, § 597s, and § 597z; West's Ann. Cal. Health & Safety Code § 121575 et seq, § 121875 et seq., 122045 - 122315; West's Ann.Cal.Food & Agric.Code § 30501 - 31683;

These statutes represent California's dog laws.  Included are provisions on county control of dogs, licensing, killing and seizure of dogs, and laws regarding dangerous or vicious dogs.

CA - Bite - Title 10. Of Crimes Against the Public Health and Safety (Dog Bite Laws) West's Ann. Cal. Penal Code § 398 - 399.5

If an owner of an animal knows that the animal bit another person, s/he shall provide the other person with his or her contact information and information about the animal. A violation is an infraction punishable by a fine. If any person who owns an animal and knows of its vicious propensities, allows it to run at large and the animal kills any person, the owner may be guilty of a felony. The court may order the removal of the animal or its destruction.

CA - Rabies - Chapter 1. Rabies Control. West's Ann. Cal. Health & Safety Code § 121575 - 121710

This chapter of California laws deals with rabies control.

CA - Impound - § 53074. Seizure and impoundment of dogs on private property West's Ann. Cal. Gov. Code § 53074

This California statute provides that animal control officer shall not seize or impound a dog on its owner's property for violation of a leash ordinance or issue citations for the violation of such ordinance when the dog has not strayed from the owner's private property.  However, if the dog has strayed from the property and later returned to it, an officer may issue a citation if the owner is present or impound the dog if the owner is not present.  In the latter circumstance, the officer must leave a notice of impoundment at the residence.

CA - Dangerous - California Dangerous Dog Statutes West's Ann. Cal. Food & Agric. Code § 31601 - 31683; West's Ann. Cal. Civ. Code § 3342 - 3342.5; West's Ann. Cal. Health & Safety Code § 121685; West's Ann. Cal. Penal Code § 398 - 399.5

This is the California statute for the rules and regulations regarding dangerous and/or vicious dogs. It defines what constitutes a dangerous and/or vicious dog, what is to be done with said dog(s), and provides a model provision for municipalities to follow.  The other set of provisions contains the relevant dog bite law.  California has strict liability for dog bites such that liability is imposed regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

WV - Dogs - Consolidated Dog Laws W. Va. Code, §§ 5A-4-4; § 7-7-6d; § 19-9-1 - 40; § 19-20-1 - 26; § 19-20A-1 - 8; § 19-20B-1 - 6; § 19-20C-1 - 3; § 19-20D-1 - 3; § 20-2-5; § 20-2-5f; § 20-2-16; § 20-2-22a; § 20-2-56a

These West Virginia statutes comprise the state's dog laws.  Among the provisions include registration requirements, rabies control, and hunting laws that impact dogs.

WV - Dangerous - § 20-2-16. Dogs chasing deer W. Va. Code, § 20-2-16

This West Virginia statute mandates that no person shall permit his dog to hunt or chase deer.  A conservation officer shall take into possession any dog known to have hunted or chased deer and the director shall advertise that such dog is in his possession, giving a description of the dog and stating the circumstances under which it was taken.  The owner then has ten days to reclaim the dog.  If after a bona fide but unsuccessful effort to capture dogs detected chasing or pursuing deer, an officer may kill the offending dogs.

WV - Dangerous - § 19-20-21. License fee for keeping vicious or dangerous dog. W. Va. Code, § 19-20-9a; § 19-20-20 - 21 These West Virginia statutes provide that any person who owns or harbors any dog, cat or other domesticated animal, whether licensed or unlicensed, which bites any person, shall confine and quarantine the animal for a period of ten days for rabies observation. The state apparently has a prohibition against owning a dangerous dog, such that no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle.  However, another section provides that any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor and then keep the dog restrained/enclosed.
WI - Dog Bite - Chapter 174. Dogs. 174.12. Actions against owners W. S. A. 174.12

This Wisconsin statute outlines the allowance procedure by counties for damage done by dogs after a claim is filed and the county sues to recover from the owner of the damaging dog.  The claimant shall first be notified that such action is contemplated and shall have been given a reasonable opportunity to be heard and to offer further evidence in support of the claimant's claim.  It also provides that this chapter shall not in any way limit the existing right or authority of any town, village or city to pass ordinances for the keeping and regulating of dogs, or repeal or annul any existing statute or ordinance or local regulation governing the keeping and regulating of dogs.

WI - Dangerous dog - 174.11. Claims for damage by dogs to domestic animals including ranch mink W. S. A. 174.11

This Wisconsin provides that the owner of any domestic animal, including a ranch mink, which is attacked, chased, injured or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village or city in which the damage occurred.  A hearing then occurs where witnesses may be subpoenaed under oath, and testimony relative to the claim is taken.  The county board shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value.

WI - Dog, licenses - Chapter 174. Dogs. 174.06. Listing W. S. A. 174.06

This Wisconsin statute provides that every town, village and city shall annually, by September 1, ascertain by diligent inquiry the dogs owned or kept within the assessment district.  The listing official shall enter in the records for personal property assessments, or in a separate record, all dogs in the district subject to tax, to whom they are assessed, the name, number, sex, spayed or unspayed, neutered or unneutered, breed and color of each dog.

WI - Dog - Consolidated Dog Laws W. S. A. 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15

These Wisconsin statutes comprise the state's dog laws.  Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers.

WY - Dog - Consolidated Dog Laws W. S. 1977 § 6-5-211; § 11-31-101 - 108; § 11-31-201 - 214; § 11-31-301; § 15-1-103; § 23-3-109; § 33-30-215

These Wyoming statutes comprise the state's dog laws.  Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

VA - Exotic Pets - Article 11. Hybrid Canines Va. Code Ann. § 3.2-6581 - 6584

This section provides Virginia's hybrid canine laws (registered or described to a veterinarian, animal control, or other listed authority as a wolf or coyote-dog cross) . Under the section, any locality may, by ordinance, establish a permit system to ensure the adequate confinement and responsible ownership of hybrid canines. Violation of an ordinance enacted pursuant to this section is a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for any subsequent violation. Further, it is the duty of any animal control officer or other officer who may find a hybrid canine in the act of killing or injuring livestock or poultry to kill such hybrid canine forthwith, whether such hybrid canine bears a tag or not.

VA - Dangerous - § 3.2-6553. Compensation for livestock and poultry killed by dogs Va. Code Ann. § 3.2-6553 This Virginia statute states that any person who has any livestock or poultry killed or injured by any dog not his or her own shall be entitled to receive the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl, provided that the claimant has furnished evidence, the animal control officer was notified within seventy-two hours after discovery of the damage, and the claimant has exhausted other legal remedies.  However, local jurisdictions may by ordinance waive the last two requirements provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim.
VA - Dangerous - § 3.2-6541. Authority to prohibit training of attack dogs Va. Code Ann. § 3.2-6541

This Virginia statute provides that Fairfax County may enact an ordinance that prohibits persons from training dogs on residential property to attack.

VA - Dangerous - § 3.2-6540. Control of dangerous or vicious dogs; penalties Va. Code Ann. § 3.2-6540 - 6542

These Virginia statutes amended in 2013 provide the state's dangerous dog laws. The first law outlines control procedures for a dangerous dog, defined as a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat.. The new section deals with a "vicious dog," defined as a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.

VA - Dogs - Consolidated Dog Laws Va. Code Ann. § 3.2-5900 - 6590; § 15.2-981; § 18.2-97, 97.1; § 18.2-313.1; § 18.2-403.3; § 29.1-422; § 29.1-516.1; § 32.1-48.1 - .4

These Virginia statutes comprise the state's dog laws.  Among the provisions include laws on the sale of dogs, rabies control laws, and sections concerning damage done by dogs.

TX - Dog - Consolidated Dog Laws V.T.C.A., Health & Safety Code §§ 821.076 - 081; 822.001 - 100; § 823.001 - 009; § 826.001 - 055; § 828.001 - 015; V. T. C. A., Parks & Wildlife Code § 62.0065 ; § 62.016 V.T.C.A., Occupations Code § 1702.109, 225, 385

These Texas statutes comprise the state's dog laws.  Among the provisions include the dangerous dog laws, registration and vaccination requirements, and sterilization laws.

TX - Dangerous - § 822.0422. Reporting of Incident in Certain Counties and Municipalities V. T. C. A., Health & Safety Code § 822.0422

This Texas statute outlines the procedures for reporting a dangerous dog incident in counties with a population of at least 2,800,000 in which an ordinance has been adopted pursuant to this section.  It describes the reporting and seizure requirements should an owner fail to turn over an implicated dog.

TX - Dangerous - Subchapter D: Dangerous Dogs V. T. C. A., Health & Safety Code § 822.041 - 047

Chapter 822, Subchapter D addresses dangerous dogs and their treatment, including dog attacks, registration, defenses, violations of the statute.

TX - Dangerous - Subchapter B: Dogs That Are A Danger to Animals V. T. C. A., Health & Safety Code § 822.011 - 013

Subchapter B prohibits dogs from running at large and enumerates the criminal penalty for such violation.

MO - Rabies - Chapter 322. Protection Against Rabies V. A. M. S. 322.090 - 322.145

This chapter concerns laws preventing the transmission and control of rabies and other zoonotic diseases. Section 322.140 provides that if a county does not adopt rules and regulations pursuant to sections 322.090 to 322.130, whenever an animal bites or otherwise possibly transmits rabies or any zoonotic disease, the incident shall be immediately reported to the county health department. It also provides that the owner of an owner that bites is responsible for the costs associated with rabies testing and/or treatment. Further, the owner of an animal that bites or otherwise possibly transmitted rabies or any zoonotic disease shall be liable to an injured party for all damages done by the animal.

MO - Dogs - Consolidated Dog Laws V. A. M. S. 273.010 - 405; 77.510; 80.090; 322.010 - 080; 10.112 - 113

These Missouri statutes comprise the state's dog laws.  Among the provisions include laws for impounding loose dogs, licensing, rabies control, and the Animal Care Facilities Act, which regulates commercial breeders/pet shops.

UT - Dog Bite - Title 18. Dogs. Chapter 1. Injuries by Dogs. U.C.A. 1953 § 18-1-1 to 4

This Utah statute provides that every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous.  This does not apply to dogs used by law enforcement officials. In 2014, a provision for the use of arbitration in personal injury from dog bite cases was added.

UT - Dog - Consolidated Dog Laws U.C.A. 1953 § 10-8-65; § 4-40-101 - 102; § 18-1-1 - 4; § 18-2-101; § 23-17-8 - 9; § 23-20-3; § 26-6-1 - 15; § 26-26-1 - 7; § 58-28-601

These Utah statutes comprise the state's dog laws.  Among the provisions include municipal pound pet sterilization provisions, rabies control laws, hunting laws that impact dogs, and laws concerning injuries caused by dogs.

TN - Dog - Consolidated Dog Laws T. C. A. §§ 44-8-408 - 412; §§ 44-17-101 - 505; T. C. A. § 5-1-120, § 6-54-135, § 39-14-205, § 39-14-213, § 44-14-104, § 70-4-103, § 70-4-112; § 70-4-118, § 70-4-122, § 70-2-214

These Tennessee statutes comprise the state's dog laws.  Among the provisions include licensing requirements for companion animal dealers, laws concerning damage done by dogs, and the Tennessee Spay/Neuter Law.

TN - Impound - Rabies. § 68-8-109. Observation; confinement or quarantine. T. C. A. § 68-8-109

This Tennessee statute provides that if any animal has bitten any person, is suspected of having bitten any person or is for any reason suspected of being infected with rabies, the animal may be required to be placed under an observation period either by confinement or by quarantine for a period of time deemed necessary by the commissioner or rules of the department.

TN - Dangerous dog - § 44-17-120. Death or serious injury; destruction of dogs T. C. A. § 44-17-120

This Tennessee statute provides that any dog which attacks a human and causes death or serious injury may be destroyed upon the order of the circuit court where the attack occurred.  The owner shall be given notice that if he or she does not appear before the court within five days and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.  This statute also allows certain counties to make ordinances to petition 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.

TN - Dog, dangerous, felon - § 39-17-1363. Violent felony conviction; custody or control of dogs; application T. C. A. § 39-17-1363 Under this Tennessee law, it is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten years after such person has been released from custody following completion of sentence. Additionally, it is an offense for any convicted violent felon to own or have custody of a dog that is not microchipped or spayed/neutered. This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010.
Canada - B.C. - B.C. Statutes - Vancouver Charter. Part XIV -- Nuisances S.B.C. 1953, c. 55, s. 323 - 324(A)3

These British Columbia, Canada laws provide the laws for preventing, abating, and prohibiting nuisances, which include dangerous dogs. The laws describe what constitutes a dangerous dog and what actions may be taken with a dangerous dog. The set also contains provisions that allow for the creation of by-laws to control and impound animals.

SD - Dogs - Consolidated Dog Laws S D C L §9-29-12; S D C L § 40-1-41; S D C L § 40-34-1 - 16; S D C L 40-12-1 - 6; S D C L § 41-8-15; S D C L § 41-15-14; S D C L § 41-17-18.1

These South Dakota statutes comprise the state's dog laws.  Among the provisions include licensing requirements, vicious dog laws, and rabies vaccination provisions.

SD - Bite - Chapter 40-34. Dog Licenses and Regulation (Vicious Dog Provisions) S D C L § 40-34-13 to 16

This South Dakota statute provides that a vicious dog, defined as any dog which, when unprovoked , in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance.  However, no dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

OH - Dog - Chapter 955. Dogs (Consolidated dog laws) RC §§ 955.01 - 99; § 9.62; § 1533.19 - 221

This is the Ohio statute that regulates dogs in general, outlining rules and regulations for dog owners. The state leash requirement appears limited to rabies quarantines (Sec. 955.26).  It also gives the definition of  what is considered a dangerous or vicious dog, the rules and regulations for owners of these dogs, and penalization for breaking these rules.

Canada - Alberta - Dangerous Dogs Act R.S.A. 2000, c. D-3, s. 1

This set of laws comprises the Alberta, Canada Dangerous Dog Act. Under the Act, a justice may take a complaint that a dog has bitten or attempted to bite a person, or that a dog is dangerous and not kept under proper control. In either circumstance, if it appears to the justice that the dog ought to be destroyed, the justice shall direct a peace officer to destroy it. Additionally, a person who fails to comply with an order under this section is guilty of an offence and liable to a fine of not more than $5 for each day during which the person fails to comply with the order.

PR - Ordinances - Municipal regulation of domestic animals PR ST T. 24 § 651

This Puerto Rico statute confers authority to the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals, destruction and impounding of such animals, as well as the regulation of muzzling and licensing of dogs.  In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals.

OR - Dog - Consolidated Dog Laws O.R.S. § 31.360; O. R. S. § 87.172, O. R. S. § 167.374, 376; O. R. S. § 433.340 - 405; O. R. S. § 609.010 - 994; O. R. S. § 498.102, 106, and 164; O.R.S. § 646A.075 - 077; O.R.S. § 811.200; O.R.S. § 30.815

These Oregon statutes comprise the state's dog laws.  Among the provisions include licensing and registration requirements, rabies control laws, and a comprehensive section on damage done by dogs, especially as it concerns the destruction of livestock.

OR - Impound - 609.090. Impounding dogs running at large; disposition of chasing, menacing or biting O. R. S. § 609.090 This Oregon statute provides that when a dog is running at large contrary to state or municipal law, a police or dog control officer shall impound it. Unless claimed by its owner, a dog will be held at least five days if it has a license tag. A "reasonable effort" shall be made to notify the keeper of a dog before the dog is removed from impoundment. This statute also states that, upon finding that the dog has menaced or chased a person when on premises other than the premises occupied exclusively by the keeper or has bitten a person, the dog control board or county governing body may order that the dog be killed in a humane manner. Before ordering that the dog be killed, the board or governing body shall consider the factors described in ORS 609.093 and issue written findings on those factors. A keeper of the dog may also file a petition to prevent the destruction. If the dog is not killed, the board or governing body may impose reasonable restrictions on the keeping of the dog.
NM - Dangerous Animal - Chapter 77. Animals and Livestock. NMSA 1978, § 77-1-10

This New Mexico statute provides that it is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person.  It is also unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies or to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies.

NM - Dog - Consolidated Dog Laws NMSA 1978, § 3-18-3; § 77-1-1 - 20; § 77-1A-1 - 6; § 77-1B-1 - 12; § 25-1-15

These statutes comprise New Mexico's dog laws.  Among the provisions include municipal powers to regulate dogs, vaccination requirements, and provisions related to dangerous dogs.

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