What Can the City Do to My Dog for Biting Another Dog on My Property?
Full Question:
Answer:
I suggest contacting city hall to obtain a copy of the local ordinances governing dogs. There may be issues of contributory or comparative negligence on the other dog owner's part for not complying with a local leash ordinance. The local ordinances will specify what the requirements are for the warden to take a dog into custody.
Virginia state law provides that "When a dog attacks or bites a companion animal that is a dog or cat, 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 dog or cat as a result of
the attack or bite; (ii) if both animals are owned by the same person; (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian...".
Please see the following VA statutes to determine applicability;
§ 3.2-6538. Governing body of any locality may prohibit
dogs from running at large. —
The governing body of any locality may prohibit the
running at large of all or any category of dogs in all or
any designated portion of such locality during such months
as they may designate. Governing bodies may also require
that dogs be confined, restricted or penned up during such
periods. For the purpose of this section, a dog shall be
deemed to run at large while roaming, running or
self-hunting off the property of its owner or custodian and
not under its owner's or custodian's immediate control. Any
person who permits his dog to run at large, or remain
unconfined, unrestricted or not penned up shall be deemed to
have violated the provisions of this section.
§ 3.2-6539. Ordinance requiring dogs to be kept on leash. —
The governing body of any locality may adopt ordinances
requiring that dogs within any such locality be kept on a
leash or otherwise restrained and may, by resolution directed
to the circuit court, request the court to order a referendum
as to whether any such ordinance so adopted shall become
effective. Such referendum shall be held and conducted, and
the results thereof ascertained and certified in accordance
with § 24.2-684. The court shall require the governing body
to give appropriate notice of the time, place and subject
matter of such referendum.
The results of the referendum shall not be binding upon the
governing body of the locality but may be used in
ascertaining the sense of the voters.
§ 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 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 dangerous: (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; (iii) if such attack occurs on the property of
the attacking or biting dog's owner or custodian; or (iv)
for other good cause as determined by the court. 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,
that the dog is not dangerous or a threat to the community.
"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, 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.
B. 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 or vicious dog
shall 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 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 this
section. 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
§ 3.2-6562. The court, upon finding the animal to be a
dangerous or vicious 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 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. No canine or canine crossbreed shall be found to be a
dangerous dog or vicious dog solely because it is a
particular breed, nor is the ownership of a particular breed
of canine or canine crossbreed prohibited. 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 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 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 or a vicious dog.
D. 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. 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, 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
subsection shall be renewed annually for the same fee and in
the same manner as the initial certificate was obtained. The
animal control officer shall provide a copy of the dangerous
dog registration certificate and verification of compliance
to the State Veterinarian.
F. 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: (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. 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. 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. 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. The owner of any dog found to be dangerous shall register
the animal with the 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 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) tattoo or chip
identification information or both; (vi) proof of insurance
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 owner shall immediately, upon learning of same,
cause the local animal control authority 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, 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. 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. 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.
L. 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, 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. The governing body of any locality may enact an ordinance
parallel to this statute regulating dangerous and vicious
dogs. No locality may impose a felony penalty for violation
of such ordinances.
