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2017 SESSION
17103592DBe it enacted by the General Assembly of Virginia:
1. That § 3.2-6540 of the Code of Virginia is amended and reenacted as follows:
§ 3.2-6540. Control of dangerous dogs; penalties.
A. As used in this section:
"Dangerous
dog" means a, "dangerous
dog" means:
1. 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.
When a dog attacks or bites a companion animal that is a dog or cat, the
attacking or biting dog shall not be deemed A canine or canine crossbreed is not a
dangerous dog if, upon investigation, a law-enforcement
officer or animal control officer finds that (i) if no serious physical injury, as determined by a licensed
veterinarian,
has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are owned by the
same person; or
(iii) if such attack occurs
occurred on the property of the attacking or biting dog's
owner or custodian; or (iv) for other good
cause as determined by the court
2. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury.
B. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.
B. C. Any law-enforcement officer
or animal control officer who has reason to believe that a canine or canine
crossbreed within his jurisdiction is a dangerous dog
shall may
apply to a magistrate serving 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.
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 this section. The court, upon finding the animal
to be a dangerous dog, may order the owner, custodian, or harborer thereof to
pay restitution for actual damages to any person injured by the animal or whose
companion animal was injured or killed by the animal. The court, in its
discretion, may also order the owner to pay all reasonable expenses incurred in
caring and providing for such dangerous dog from the time the animal is taken
into custody until such time as the animal is disposed of or returned to the
owner. The procedure for appeal and trial shall be the same as provided by law
for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260
et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to
prove its case beyond a reasonable doubt.
C. D. No canine or canine
crossbreed shall be found to be a dangerous dog solely because it is a
particular breed, nor is the ownership of a particular breed of canine or
canine crossbreed prohibited.
E. No animal shall be found to be a dangerous 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 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. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog.
D. F. 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.
E. G. The
owner of any animal found to be a dangerous dog shall, within 45 30
days of such finding, obtain a dangerous dog registration certificate from the
local animal control officer or treasurer for a fee of $150, 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. By January 31 of each year, until such time as the dangerous dog is
deceased, all certificates obtained pursuant to this subsection shall be
updated and renewed for a fee of $85 and in the same manner as the initial
certificate was obtained. The animal control officer shall post registration
information on the Virginia Dangerous Dog Registry.
F. H. All
dangerous dog registration 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; (ii) that the animal has been neutered or spayed;
and (iii) 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 (a) 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 (b) the animal has been
permanently identified by means of electronic implantation. 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. The owner may obtain and maintain a bond in surety, in lieu of
liability insurance, to the value of at least $100,000.
G. I. 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. While so confined within the structure, the
animal shall be provided for according to § 3.2-6503. When off its owner's
property, an animal found to be a dangerous dog shall be kept on a leash 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.
H. J. The
owner shall cause the local animal control officer to be promptly notified of
(i) the names, addresses, and telephone numbers of all owners; (ii) all of the
means necessary to locate the owner and the dog at any time; (iii) any
complaints or incidents of attack by the dog upon any person or cat or dog;
(iv) any claims made or lawsuits brought as a result of any attack; (v) chip
identification information; (vi) proof of insurance or surety bond; and (vii)
the death of the dog.
I. K. After
an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, cause the local animal control authority to
be notified if the animal (i) is loose or unconfined; (ii) bites a person or
attacks another animal; or (iii) is sold, is given away, or dies. Any owner of
a dangerous dog who relocates to a new address shall, within 10 days of
relocating, provide written notice to the appropriate local animal control
authority for the old address from which the animal has moved and the new
address to which the animal has been moved.
J. L. Any
owner or custodian of a canine or canine crossbreed or other animal is guilty
of a:
1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person;
2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or
3. Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person.
The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.
K. M. The
owner of any animal that has been found to be a dangerous dog who willfully
fails to comply with the requirements of this section is guilty of a Class 1
misdemeanor.
Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog 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.
Upon conviction, the court may (i) order the dangerous dog to
be disposed of by a local governing body pursuant to § 3.2-6562 or (ii) grant
the owner up to 45 30 days to comply with the
requirements of this section, during which time the dangerous dog shall remain
in the custody of the animal control officer until compliance has been
verified. If the owner fails to achieve compliance within the time specified by
the court, the court shall order the dangerous dog to be disposed of by a local
governing body pursuant to § 3.2-6562. The court, in its discretion, may order the
owner to pay all reasonable expenses incurred in caring and providing for such
dangerous dog from the time the animal is taken into custody until such time
that the animal is disposed of or returned to the owner.
L. N. All
fees collected pursuant to this section, less the costs incurred by the animal
control authority in producing and distributing the certificates and tags
required by this section and fees due to the State Veterinarian for maintenance
of the Virginia Dangerous Dog Registry, 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 § 3.2-6556.
M. O. The
governing body of any locality may enact an ordinance parallel to this statute
regulating dangerous dogs. No locality may impose a felony penalty for
violation of such ordinances.