A BILL to amend and reenact § 3.1-796.93:1 of the Code of Virginia, relating to
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 as follows:
§ 3.1-796.93:1. Control of dangerous or vicious dogs.
A. The governing body of any county, city or town may locality shall 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 Q, 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 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 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 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.
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, and 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 then 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 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 been declared or adjudicated dangerous by a court of competent jurisdiction or by an administrative procedure as allowed by subsection Q, may sell, give away or transfer ownership of such animal other than to surrender it the local animal control agency. 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 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 or by an administrative procedure as allowed by subsection Q.
M. The owner of any dog found to be a dangerous dog shall register the dog with the State Veterinarian. The State Veterinarian shall receive, post, and maintain the information provided by the animal control officers and other such officials state wide on a website accessible to all who may be interested. Registration shall be maintained throughout the life of the dog and the owner is to provide prompt notification to the local animal control officer 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) of any changes in the ownership of the dog; (iv) of any change 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 attack; (vii) and of the death of the dog. The owner shall verify the information is accurate by annual resubmissions. The website list shall be known as the Virginia Dangerous Dog Register.
N. Any owner or custodian of a canine or canine cross-breed 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) having caused 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. Except 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;
2. Class 2 misdemeanor if the canine or canine crossbreed having been previously adjudicated as dangerous by a court of competent jurisdiction or by an administrative procedure as allowed by subsection Q (i) injures or kills a companion animal belonging to another person, or (ii) having caused 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 having bitten or attacked if such bite or attack causes bodily injury to a human being;
4. Class 1 misdemeanor if the canine or canine crossbreed having been previously adjudicated as dangerous by a court of competent jurisdiction or by an administrative procedure as allowed by subsection Q 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.
5. Class 5 felony if the canine or canine crossbreed having been previously adjudicated as dangerous by a court of competent jurisdiction or by an administrative procedure as allowed by subsection Q bites or attacks causing serious bodily injury to a human being requiring hospitalization or causes the death of a human being.
6. The penalties provided in this subsection shall not apply to the owner or custodian of a dog that meets the exceptions provided under clauses (i), (ii), and (iii) of subsection D.
8O. The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor.
9P. All fees collected pursuant to the ordinance, 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
EQ. Notwithstanding the provisions of subdivision C 1 subsection C, 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.