3.2-6540 - Control of dangerous or vicious dogs; penalties.
§ 3.2-6540. Control of dangerous or vicious dogs; penalties.
A. 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 that is a dogor cat, or killed a companion animal that is a dog or cat. When a dog attacksor bites a companion animal that is a dog or cat, the attacking or biting dogshall not be deemed dangerous: (i) if no serious physical injury asdetermined by a licensed veterinarian has occurred to the dog or cat as aresult of the attack or bite; (ii) if both animals are owned by the sameperson; (iii) if such attack occurs on the property of the attacking orbiting dog's owner or custodian; or (iv) for other good cause as determinedby the court. No dog shall be found to be a dangerous dog as a result ofbiting, attacking, or inflicting injury on a dog or cat while engaged with anowner or custodian as part of lawful hunting or participating in anorganized, lawful dog handling event. No dog that has bitten, attacked, orinflicted injury on a person shall be found to be a dangerous dog if thecourt determines, based on the totality of the evidence before it, that thedog is not dangerous or a threat to the community.
"Vicious dog" means a canine or canine crossbreed that has: (i) killed aperson; (ii) inflicted serious injury to a person, including multiple bites,serious disfigurement, serious impairment of health, or serious impairment ofa bodily function; or (iii) continued to exhibit the behavior that resultedin a previous finding by a court or, on or before July 1, 2006, by an animalcontrol officer as authorized by ordinance, that it is a dangerous dog,provided that its owner has been given notice of that finding.
B. Any law-enforcement officer or animal control officer who has reason tobelieve that a canine or canine crossbreed within his jurisdiction is adangerous dog or vicious dog shall apply to a magistrate serving thejurisdiction for the issuance of a summons requiring the owner or custodian,if known, to appear before a general district court at a specified time. Thesummons shall advise the owner of the nature of the proceeding and thematters at issue. If a law-enforcement officer successfully makes anapplication for the issuance of a summons, he shall contact the local animalcontrol officer and inform him of the location of the dog and the relevantfacts pertaining to his belief that the dog is dangerous or vicious. Theanimal control officer shall confine the animal until such time as evidenceshall be heard and a verdict rendered. If the animal control officerdetermines that the owner or custodian can confine the animal in a mannerthat protects the public safety, he may permit the owner or custodian toconfine the animal until such time as evidence shall be heard and a verdictrendered. The court, through its contempt powers, may compel the owner,custodian or harborer of the animal to produce the animal. If, after hearingthe evidence, the court finds that the animal is a dangerous dog, the courtshall order the animal's owner to comply with the provisions of this section.If, after hearing the evidence, the court finds that the animal is a viciousdog, the court shall order the animal euthanized in accordance with theprovisions of § 3.2-6562. The court, upon finding the animal to be adangerous or vicious dog, may order the owner, custodian, or harborer thereofto pay restitution for actual damages to any person injured by the animal orwhose companion animal was injured or killed by the animal. The procedure forappeal and trial shall be the same as provided by law for misdemeanors. Trialby jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15of Title 19.2. The Commonwealth shall be required to prove its case beyond areasonable doubt.
C. No canine or canine crossbreed shall be found to be a dangerous dog orvicious dog solely because it is a particular breed, nor is the ownership ofa particular breed of canine or canine crossbreed prohibited. No animal shallbe found to be a dangerous dog or vicious dog if the threat, injury or damagewas sustained by a person who was: (i) committing, at the time, a crime uponthe premises occupied by the animal's owner or custodian; (ii) committing, atthe time, a willful trespass upon the premises occupied by the animal's owneror custodian; or (iii) provoking, tormenting, or physically abusing theanimal, or can be shown to have repeatedly provoked, tormented, abused, orassaulted the animal at other times. No police dog that was engaged in theperformance of its duties as such at the time of the acts complained of shallbe found to be a dangerous dog or a vicious dog. No animal that, at the timeof the acts complained of, was responding to pain or injury, or wasprotecting itself, its kennel, its offspring, a person, or its owner's orcustodian's property, shall be found to be a dangerous dog or a vicious dog.
D. If the owner of an animal found to be a dangerous dog is a minor, thecustodial parent or legal guardian shall be responsible for complying withall requirements of this section.
E. The owner of any animal found to be a dangerous dog shall, within 10 daysof such finding, obtain a dangerous dog registration certificate from thelocal animal control officer or treasurer for a fee of $50, in addition toother fees that may be authorized by law. The local animal control officer ortreasurer shall also provide the owner with a uniformly designed tag thatidentifies the animal as a dangerous dog. The owner shall affix the tag tothe animal's collar and ensure that the animal wears the collar and tag atall times. All certificates obtained pursuant to this subsection shall berenewed annually for the same fee and in the same manner as the initialcertificate was obtained. The animal control officer shall provide a copy ofthe dangerous dog registration certificate and verification of compliance tothe State Veterinarian.
F. All dangerous dog registration certificates or renewals thereof requiredto be obtained under this section shall only be issued to persons 18 years ofage or older who present satisfactory evidence: (i) of the animal's currentrabies vaccination, if applicable; (ii) that the animal has been neutered orspayed; and (iii) that the animal is and will be confined in a properenclosure or is and will be confined inside the owner's residence or is andwill be muzzled and confined in the owner's fenced-in yard until the properenclosure is constructed. In addition, owners who apply for certificates orrenewals thereof under this section shall not be issued a certificate orrenewal thereof unless they present satisfactory evidence that: (i) theirresidence is and will continue to be posted with clearly visible signswarning both minors and adults of the presence of a dangerous dog on theproperty; and (ii) the animal has been permanently identified by means of atattoo on the inside thigh or by electronic implantation. All certificates orrenewals thereof required to be obtained under this section shall only beissued to persons who present satisfactory evidence that the owner hasliability insurance coverage, to the value of at least $100,000, that coversanimal bites. The owner may obtain and maintain a bond in surety, in lieu ofliability insurance, to the value of at least $100,000.
G. While on the property of its owner, an animal found to be a dangerous dogshall be confined indoors or in a securely enclosed and locked structure ofsufficient height and design to prevent its escape or direct contact with orentry by minors, adults, or other animals. The structure shall be designed toprovide the animal with shelter from the elements of nature. When off itsowner's property, an animal found to be a dangerous dog shall be kept on aleash and muzzled in such a manner as not to cause injury to the animal orinterfere with the animal's vision or respiration, but so as to prevent itfrom biting a person or another animal.
H. The owner of any dog found to be dangerous shall register the animal withthe Commonwealth of Virginia Dangerous Dog Registry, as established under §3.2-6542, within 45 days of such a finding by any appropriate court.
The owner shall also cause the local animal control officer to be promptlynotified 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 cator dog; (iv) any claims made or lawsuits brought as a result of any attack;(v) tattoo or chip identification information or both; (vi) proof ofinsurance or surety bond; and (vii) the death of the dog.
I. After an animal has been found to be a dangerous dog, the animal's ownershall immediately, upon learning of same, cause the local animal controlauthority to be notified if the animal: (i) is loose or unconfined; or (ii)bites a person or attacks another animal; or (iii) is sold, given away, ordies. Any owner of a dangerous dog who relocates to a new address shall,within 10 days of relocating, provide written notice to the appropriate localanimal control authority for the old address from which the animal has movedand the new address to which the animal has been moved.
J. Any owner or custodian of a canine or canine crossbreed or other animal isguilty of a:
1. Class 2 misdemeanor if the canine or canine crossbreed previously declareda dangerous dog pursuant to this section, when such declaration arose out ofa separate and distinct incident, attacks and injures or kills a cat or dogthat is a companion animal belonging to another person;
2. Class 1 misdemeanor if the canine or canine crossbreed previously declareda dangerous dog pursuant to this section, when such declaration arose out ofa separate and distinct incident, bites a human being or attacks a humanbeing causing bodily injury; or
3. Class 6 felony if any owner or custodian whose willful act or omission inthe care, control, or containment of a canine, canine crossbreed, or otheranimal is so gross, wanton, and culpable as to show a reckless disregard forhuman life, and is the proximate cause of such dog or other animal attackingand causing serious bodily injury to any person.
The provisions of this subsection shall not apply to any animal that, at thetime of the acts complained of, was responding to pain or injury, or wasprotecting itself, its kennel, its offspring, a person, or its owner's orcustodian's property, or when the animal is a police dog that is engaged inthe performance of its duties at the time of the attack.
K. The owner of any animal that has been found to be a dangerous dog whowillfully fails to comply with the requirements of this section is guilty ofa Class 1 misdemeanor.
L. All fees collected pursuant to this section, less the costs incurred bythe animal control authority in producing and distributing the certificatesand tags required by this section, shall be paid into a special dedicatedfund in the treasury of the locality for the purpose of paying the expensesof any training course required under § 3.2-6556.
M. The governing body of any locality may enact an ordinance parallel to thisstatute regulating dangerous and vicious dogs. No locality may impose afelony penalty for violation of such ordinances.
(1993, c. 977, § 3.1-796.93:1; 1994, c. 115; 1997, cc. 582, 892; 1998, c.817; 2000, cc. 11, 727; 2003, cc. 785, 841; 2006, cc. 837, 864, 898; 2008,cc. 360, 551, 691, 860; 2009, c. 377.)