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2006 SESSION
069016740WHEREAS, Dorothy Sullivan was a beloved mother, grandmother, and great grandmother.
WHEREAS, her life ended tragically on March 8, 2005 as a result of a vicious dog attack.
WHEREAS, her loss may protect others, we adopt the Dorothy Sullivan memorial bill in her honor.
Be it enacted by the General Assembly of Virginia:
1. That § 3.1-796.93:1 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 3.1-796.93:3 as follows:
§ 3.1-796.93:1. Control of dangerous or vicious dogs.
A. The governing body of any county, or city shall
or town may enact an ordinance regulating dangerous dogs and vicious dogs.
B. As used in this section:
"Dangerous dog" means a canine or canine crossbreed
that has bitten, attacked, or inflicted injury on a person or companion animal,
or killed a companion animal or inflicted injury to a companion
animal requiring the animal to be euthanized; however, when a dog attacks
or bites another dog, the attacking or biting dog shall not be deemed dangerous
(i) if no serious physical injury as determined by a licensed veterinarian has
occurred to the other dog as a result of the attack or bite or (ii) both dogs
are owned by the same person. No dog shall be found to be a dangerous dog as a
result of biting, attacking, or inflicting injury on another dog while engaged
with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event.
"Vicious dog" means a canine or canine crossbreed
that has (i) killed a person; (ii) inflicted serious injury to a person,
including multiple bites, serious disfigurement, serious impairment of health,
or serious impairment of a bodily function; or (iii) continued to exhibit the
behavior that resulted in a previous finding by a court or an animal control
officer as authorized by local ordinance pursuant to the provisions of
subsection E, that it is a dangerous dog, provided that its owner has been
given notice of that finding.
C. Any ordinance enacted pursuant to this section shall
prescribe the following provisions:
1C. Any animal control officer or
law-enforcement officer who has reason to believe that a canine or canine
crossbreed within his jurisdiction is a dangerous dog or vicious dog shall
apply to a magistrate of the jurisdiction for the issuance of a summons
requiring the owner or custodian, if known, to appear before a general district
court at a specified time. The summons shall advise the owner of the nature of
the proceeding and the matters at issue. If a law-enforcement officer
successfully makes an application for the issuance of a summons, he shall
contact the local animal control officer and inform him of the location of the
dog and the relevant facts pertaining to his belief that the dog is dangerous
or vicious. The animal control officer shall confine the animal
until such time as evidence shall be heard and a verdict rendered. If the
animal control officer determines that the owner or custodian can confine the
animal in a manner that protects the public safety, he may permit the owner or
custodian to confine the animal until such time as evidence shall be heard and
a verdict rendered. The court, through its contempt powers, may compel the
owner, custodian, or harborer of the animal to produce the animal. If, after
hearing the evidence, the court finds that the animal is a dangerous dog, the
court shall order the animal's owner to comply with the provisions of the
ordinance. If, after hearing the evidence, the court finds that the animal is a
vicious dog, the court shall order the animal euthanized in accordance with the
provisions of § 3.1-796.119.
2D. No canine or canine crossbreed shall be
found to be a dangerous dog or vicious dog solely because it is a particular
breed, nor shall the local governing body prohibit the ownership of a
particular breed of canine or canine crossbreed. No animal shall be found to be
a dangerous dog or vicious dog if the threat, injury or damage was sustained by
a person who was (i) committing, at the time, a crime upon the premises
occupied by the animal's owner or custodian, (ii) committing, at the time, a
willful trespass or other tort upon the premises occupied by the animal's owner
or custodian, or (iii) provoking, tormenting, or physically abusing the animal,
or can be shown to have repeatedly provoked, tormented, abused, or assaulted
the animal at other times. No police dog that was engaged in the performance of
its duties as such at the time of the acts complained of shall be found to be a
dangerous dog or a vicious dog. No dog protecting livestock from an animal
at the time of the acts complained of shall be found to be a dangerous
dog. No animal which, at the time of the acts complained of, was
responding to pain or injury, or was protecting itself, its kennel, its
offspring, or its owner or owner's property, shall be found to be a dangerous
dog or a vicious dog.
3E. The owner of any animal found to be a
dangerous dog shall, within 10 days of such finding, obtain a dangerous dog
registration certificate from the local animal control officer or treasurer
for a fee of $50 or an amount as set by local ordinance but not to exceed the
costs incurred by the locality to administer this program, in addition to other
fees that may be authorized by law. The local animal control officer or
treasurer shall also provide the owner with a uniformly designed tag that
identifies the animal as a dangerous dog. The owner shall affix the tag to the
animal's collar and ensure that the animal wears the collar and tag at all
times. All certificates obtained pursuant to this subdivision shall be renewed
annually for the same fee and in the same manner as the initial certificate was
obtained. The local animal control officer shall verify compliance with all
requirements of this section within 30 days of a court finding under subsection
C that a dog is dangerous. The animal control officer shall provide a
copy of the dangerous dog registration certificate and verification of compliance
to the State Veterinarian.
4F. All certificates or renewals thereof
required to be obtained under this section shall only be issued to persons 18
years of age or older who present satisfactory evidence (i) of the animal's
current rabies vaccination, if applicable, and (ii) that the animal is and will
be confined in a proper enclosure or is and will be confined inside the owner's
residence or is and will be muzzled and confined in the owner's fenced-in yard
until the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a
certificate or renewal thereof unless they present satisfactory evidence that
(i) their residence is and will continue to be posted with clearly visible
signs warning both minors and adults of the presence of a dangerous dog on the
property, and (ii) the animal has been permanently identified by
means of a tattoo on the inside thigh or by electronic implantation which
shall be registered with an appropriate national data base, and (iii) that the
animal has been neutered or spayed.
G. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $300,000, that covers animal bites or who has obtained a bond in surety to the value of at least $300,000.
5H. While on the property of its owner, an
animal found to be a dangerous dog shall be confined indoors or in a securely
enclosed and locked structure of sufficient height and design to prevent its
escape or direct contact with or entry by minors, adults, or other animals. The
structure shall be designed to provide the animal with shelter from the elements
of nature(i) contain no opening of more than 2 inches in diameter in the
fencing materials, (ii) be sufficient to withstand damage from the dog biting,
chewing, or otherwise breaking, (iii) have lockable gates to or within the
kennel structure, (iv) be of a design that prevents entry by children, (v) be
kept locked when the dog is confined therein, except when controlled by a
person aged 18 years or older. The court may require the enclosure to
have double exterior walls to prevent the insertion of fingers, hands, or other
objects. When off its owner's property, an animal found to be a dangerous
dog shall be kept by an owner at least 21 years of age on a leash no
longer than six feet and muzzled in such a manner as not to cause injury to
the animal or interfere with the animal's vision or respiration, but so as to
prevent it from biting a person or another animal.
I. Any canine or canine crossbreed that has been found by any court or administrative process to be dangerous or vicious in a jurisdiction within or without the Commonwealth shall be so considered dangerous or vicious in the Commonwealth. It shall be unlawful for any owner or other person to bring or cause to be brought into the Commonwealth any canine or canine crossbreed that has been found by any court or administrative process to be dangerous or vicious in another state.
6J. If the owner of an animal found to be a
dangerous dog is a minor, the custodial parent or legal guardian shall be
responsible for complying with all requirements of this section.
7K. After an animal has been found to be a
dangerous dog, the animal's owner shall immediately, upon learning of same,
notify the local animal control authority if the animal (i) is loose or
unconfined; (ii) bites a person or attacks another animal; or (iii) is
sold, given away, or dies; or (iv) has been moved to a different address.
No owner of any canine or canine crossbreed that has been declared or
adjudicated dangerous by a court of competent jurisdiction, may sell, give
away, or transfer ownership or custody of such animal other than to surrender
it to the local animal control agency. Surrender of dog that is subject of a
pending action to animal control shall not bar prosecution nor be in lieu of
prosecution. Any owner who relocates to a new address shall, within seven
days of relocation, provide written notice to the local animal control
authority containing the new address from which the animal has moved and the
local animal control authority containing the new address to which the animal
has been moved.
L. It shall be unlawful for any person, owner, custodian, animal control officer, pound, animal shelter, foster care provider, foster home, dealer, home based rescue, or other releasing agency to offer for sale, adoption, transfer, or foster for another any canine or canine crossbreed that has been declared or adjudicated dangerous by a court of competent jurisdiction.
M. The owner of any dog found to be a dangerous dog shall register the dog with the State Veterinarian. The owner shall provide such information as the State Veterinarian shall require. The State Veterinarian shall post and maintain on a website the information provided by the owner and such further information provided by local animal control officers under subsection E. All information received by the State Veterinarian shall be available to animal control officers. The name and address of the owner, the name and breed of the dangerous dog, and the acts that resulted in a finding of dangerousness shall be available to the general public. Registration shall be maintained throughout the life of the dog. The owner shall provide prompt notification to the State Veterinarian, with a copy to the local animal control officer, of: (i) any changes in the names, addresses, and telephone numbers of any owner; (ii) any changes in the means necessary to locate all owners and the dog at any time, (iii) any changes in the ownership of the dog, (iv) any changes in the health status of the dog; (v) any complaints or incidents of attack by the dog upon any person or companion animal; (vi) any claims made or lawsuits brought as a result of any incident involving the dog; (vii) all tattoo and chip identification information, and (viii) the death of the dog. The owner shall verify the accuracy of all information through annual resubmissions. The State Veterinarian shall collect a $100 initial registration fee and a $35 renewal registration fee. There shall be no charge for any updated information provided between renewals. All funds collected shall be used by the State Veterinarian to maintain the registry and website. The website shall be known as the Virginia Dangerous Dog Register.
N. Any owner or custodian of a canine or canine crossbreed is guilty of a:
1. Class 3 misdemeanor if the canine or canine crossbreed (i) injures or kills a companion animal belonging to another person, or (ii) causes bodily injury that results in an order of euthanasia of a companion animal belonging to another person. Such euthanasia shall be based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal. However when the attack or injury is inflicted on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event this penalty shall not apply;
2. Class 2 misdemeanor if the canine or canine crossbreed, having been previously adjudicated as dangerous by a court of competent jurisdiction, (i) injures or kills a companion animal belonging to another person, or (ii) causes bodily injury that results in an order of euthanasia of a companion animal belonging to another person. Such euthanasia shall be based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal;
3. Class 2 misdemeanor if the canine or canine crossbreed has bitten or attacked a human being and such bite or attack causes bodily injury;
4. Class 1 misdemeanor if the canine or canine crossbreed, having been previously adjudicated as dangerous by a court of competent jurisdiction, bites or attacks causing bodily injury to a human being;
5. Class 6 felony if the canine or canine crossbreed bites or attacks causing serious bodily injury to a human being requiring hospitalization or causes the death of a human being.
6. Class 5 felony if the canine or canine crossbreed, having been previously adjudicated as dangerous by a court of competent jurisdiction, bites or attacks causing serious bodily injury to a human being requiring hospitalization or causes the death of a human being.
7. The penalties provided in this subsection shall not apply to the owner or custodian of a dog that meets the exceptions provided under subsection D.
8O. The owner of any animal that has been found
to be a dangerous or vicious dog who willfully fails to comply with the
requirements of the ordinance this section shall be guilty of a
Class 1 misdemeanor.
9P. All fees collected pursuant to the ordinance
subsection E, less the costs incurred by the animal control authority in
producing and distributing the certificates and tags required by the ordinance,
shall be paid into a special dedicated fund in the treasury of the locality for
the purpose of paying the expenses of any training course required under §
3.1-796.104:1.
D. Any ordinance enacted pursuant to this section may
prescribe the following provisions:
1. All certificates or renewals thereof required to be
obtained under this section shall only be issued to persons 18 years of age or
older who present satisfactory evidence that the animal has been neutered or
spayed.
2. All certificates or renewals thereof required to be
obtained under this section shall only be issued to persons who present
satisfactory evidence that the owner has liability insurance coverage, to the
value of at least $100,000, that covers animal bites
E. Notwithstanding the provisions of subdivision C 1, any
ordinance enacted pursuant to this section may provide that an animal control
officer may determine, after investigation, whether a dog is a dangerous dog.
If the animal control officer determines that a dog is a dangerous dog, he may
order the animal's owner to comply with the provisions of the ordinance. If the
animal's owner disagrees with the animal control officer's determination, he
may appeal the determination to the general district court for a trial on the
merits.
R. The governing body of any locality may enact a more stringent ordinance regulating dangerous dogs and vicious dogs.
§ 3.1-796.93:3. Physicians and others rendering medical aid to report dog inflicted wounds.
Any physician or other licensed medical professional who renders any medical aid or treatment to any person for any wound which such physician or other licensed medical professional knows or has reason to believe is a wound inflicted by a dog shall as soon as practicable report such fact, including the wounded person's name and address, if known, to the law enforcement officer, local animal control officer, or other agency charged with receiving reports of animal bites or exposures for the locality in which treatment is rendered. If such medical aid or treatment is rendered in a hospital or similar institution, such physician or other person rendering such medical aid or treatment shall immediately notify the person in charge of such hospital or similar institution, who shall make such report forthwith.
Any physician or other licensed medical professional failing to comply with this section shall be guilty of a Class 4 misdemeanor. Any person participating in the making of a report pursuant to this section or participating in a judicial proceeding resulting therefrom shall be immune from any civil liability in connection therewith, unless it is proved that such person acted in bad faith or with malicious intent.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.