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IN THE HOUSE OF REPRESENTATIVES
BY AGRICULTURAL AFFAIRS COMMITTEE
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AN ACT
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TO IMPOSE CERTAIN ORDERS AND REQUIREMENTS FOR DANGEROUS AND AT-RISK
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DOGS, TO PROVIDE CONDITIONS FOR THE TRANSFER OF A DANGEROUS OR AT-RISK
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DOG, TO PROVIDE FOR WAIVER OF AN AT-RISK DESIGNATION, TO PROVIDE FOR
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PENALTIES, TO AUTHORIZE CERTAIN OFFICERS TO MAKE ARRANGEMENTS FOR A
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RESTRICTIVE REQUIREMENTS UNDER CERTAIN CONDITIONS; PROVIDING SEVER-
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ABILITY; AND DECLARING AN EMERGENCY.
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amended to read as follows:
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25-2805. DOGS RUNNING AT LARGE -- VICIOUS DOGS -- PENALTY. (1) Any per-
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shall serve a copy of said notice upon such person complained of, willfully
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or negligently permits any dog owned or possessed or harbored by him to be,
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or run, at large without a competent and responsible attendant or master,
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within the limits of any city, town, or village or in the vicinity of any
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farm, pasture, ranch, dwelling house, or cultivated lands of another, or who
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willfully or negligently fails, neglects or refuses to keep any such dog se-
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curely confined within the limits of his own premises when not under the im-
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mediate care and control of a competent and responsible attendant or master,
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shall be guilty of an infraction punishable as provided in section 18-113A,
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(2) Any dog which, when not physically provoked, physically attacks,
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wounds, bites or otherwise injures any person who is not trespassing, is vi-
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cious. It shall be unlawful for the owner or for the owner of premises on
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which a vicious dog is present to harbor a vicious dog outside a secure en-
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closure. A secure enclosure is one from which the animal cannot escape and
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for which exit and entry is controlled by the owner of the premises or owner
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of the animal. Any vicious dog removed from the secure enclosure must be re-
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strained by a chain sufficient to control the vicious dog. Persons guilty of
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a violation of this subsection, and in addition to any liability as provided
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ond or subsequent violation of this subsection, the court may, in the inter-
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est of public safety, order the owner to have the vicious dog destroyed or may
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direct the appropriate authorities to destroy the dog.
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amended to read as follows:
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civilly liable in damages for injury committed by a dog when: (1) the dog has
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been trained to assist in law enforcement; and (2) the injury occurs while
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the dog is reasonably and carefully being used in the apprehension, arrest or
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location of a suspected offender or in maintaining or controlling the public
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order.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2810. DANGEROUS AND AT-RISK DOGS. (1) For purposes of this act:
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(a) "At-risk dog" means any dog that without justified provocation
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bites a person without causing a serious injury as defined in this sec-
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tion.
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(b) "Dangerous dog" means any dog that:
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(i) Without justified provocation has inflicted serious injury
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on a person; or
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(ii) Has been previously found to be at risk and thereafter bites
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or physically attacks a person without justified provocation.
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(c) "Justified provocation" means to perform any act or omission that a
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reasonable person with common knowledge of dog behavior would conclude
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is likely to precipitate a bite or attack by an ordinary dog.
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(d) "Physically attack" means an aggressive action upon a person by a
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dog which there is physical contact between the dog and the person.
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(e) "Serious injury" means an injury to a person characterized by
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piercing of the hypodermis or tearing of the muscles, veins or arteries,
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or disfiguring lacerations that would cause a reasonably prudent person
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to seek treatment from a medical professional without regard to whether
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the person actually sought medical treatment.
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(2) A petition for a court to declare a dog dangerous or at-risk may be
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brought by:
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(a) Any person who has been bitten or physically attacked by the dog;
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(b) A parent or guardian of any minor who has been bitten or physically
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attacked by the dog; or
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In such proceedings, it is not necessary for the petitioner to show that the
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owner, possessor or harborer of such dog had knowledge of the fact that the
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dog would behave in a manner consistent with the definition of a dangerous or
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at-risk dog.
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(3) No dog may be declared to be a dangerous or at-risk dog when at the
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time an injury or damage was sustained, the precipitating cause constituted
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justified provocation. Justified provocation includes, but is not limited
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to, the following:
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(a) The dog was protecting or defending a person within the immediate
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vicinity of the dog from an attack or assault;
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(b) The person was committing a crime or offense upon the property of
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the owner or custodian of the dog;
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(c) The person was at the time, or had in the past, willfully tormented,
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abused or assaulted the dog;
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(d) The dog was responding to pain or injury or protecting its off-
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spring;
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(e) The dog was working as a hunting dog, herding dog or predator
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control dog on the property of, or under the control of, its owner or
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keeper, and the damage or injury sustained was to a person who was in-
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terfering with the dog while the dog was working in a place where it was
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lawfully engaged in such activity, including public lands;
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(f) The dog was a service animal individually trained to do work or per-
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form tasks for a person with a disability; or
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(g) The person was intervening between two (2) or more animals engaged
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in aggressive behavior or fighting.
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(4) If a court finds that a dog is dangerous pursuant to the provisions
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of this act, in addition to any other penalty or liability provided in this
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act, the court may order the dog to be humanely put to death.
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(5) If a court finds that a dog belonging to an owner is dangerous or at
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risk pursuant to the provisions of this act, the court in its discretion may
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order the owner to comply with one (1) or more of the following restrictions
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and requirements:
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(a) When outdoors, the dog shall be confined to a secure, locked enclo-
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sure from which it cannot escape and that unauthorized persons are pre-
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vented from accidental entry, and for which entrance and exit are con-
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trolled by the owner of the premises or owner of the dog;
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(b) When off the property of the owner and not confined in a secure
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enclosure the dog shall be kept on a secure leash by a competent adult
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physically capable of controlling the dog. The court shall have the
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discretion to order that the dog wear a muzzle capable of preventing the
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dog from biting if the dog is in any public area in which contact between
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the dog and the public is likely to occur;
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(c) The dog shall be permanently identified by means of a color photo-
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graph in a file maintained by the court and by a microchip used for the
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identification of companion animals at the expense of the owner. Mi-
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crochip registration shall be reported in a timely manner by the owner
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of the dog to the local agency responsible for the control of such dogs.
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Upon demand, the owner shall provide access to the dog to any such agency
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or local law enforcement entity for the purposes of verifying microchip
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implantation; and
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(d) The premises on which the dog is kept shall be posted with clearly
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visible signs stating "Beware of Dog" and may also require posting of
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signs with a warning symbol that informs children of the presence of a
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dog that may be dangerous. Signs shall be visible from the closest road-
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way.
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(6) Any owner of a dog designated as a dangerous or at-risk dog shall
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notify any local agency responsible for the control of such dogs upon the
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transfer of a dangerous or at-risk dog to another person within thirty (30)
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days of such transfer. In order to transfer ownership of a dog designated as
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a dangerous or at-risk dog, the current owner shall notify the new owner of
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any order issued by a court pursuant to the provisions of this act and provide
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a copy of such order prior to such transfer. All sanctions and restrictions
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placed upon the keeping of the dog by the court shall transfer to any person
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taking custody of such dog and such person shall comply with all such sanc-
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tions and restrictions and be duly registered as the owner of a dangerous or
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at-risk dog by the local agency. Any owner relocating a dangerous or at-risk
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dog to another jurisdiction served by a different agency responsible for the
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control of such dogs, shall notify both the previous agency and the responsi-
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ble agency in the new location within thirty (30) days of such relocation.
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(7) In the event a dog designated by a court as at risk does not sub-
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sequently act in a manner consistent with the definitions of a dangerous or
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at-risk dog, and providing that the owner and keeper of the dog has complied
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with all the provisions of this act, for a period of three (3) years, the re-
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strictions and requirements imposed by the court shall be waived and the dog
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shall no longer be classified as at risk.
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(8) Any person who fails to comply with sanctions, restrictions or re-
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quirements imposed by the court pursuant to the provisions of this section
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(9) During the pendency of a petition to have a dog declared dangerous
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or at risk, a law enforcement officer or officer of a local agency responsi-
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ble for the control of such dogs shall be authorized to take the dog into cus-
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tody and place the dog in a suitable place at a customary and reasonable ex-
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pense to the owner pending final disposition of the charge against the owner.
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In lieu of keeping the dog at such facility, officers shall have the discre-
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tion to impose reasonable temporary restrictions upon the keeping of the dog
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at the property of the owner such that the dog is controlled and prevented
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from contact with others pending the final disposition of the petition. Upon
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notification that an action pursuant to this subsection has been initiated
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by an officer authorized to enforce such action against a dog, the relocation
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or transfer of such dog to another shall be prohibited and constitute a vio-
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lation of this act.
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(10) Any dog that physically attacks, wounds, bites or otherwise in-
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jures any person who is not trespassing, when such dog is not physically
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provoked or otherwise justified pursuant to subsection (3) of this section
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or any person who has accepted responsibility as the possessor, harborer or
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custodian of the dog, or both, to civil liability for the injuries caused by
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the dog. A prior determination that a dog is dangerous or at-risk, or subject
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to any court order imposing restrictions or requirements pursuant to the
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provisions of this section, shall not be a prerequisite to civil liability
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for injuries caused by the dog.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2811. PENALTIES. For persons with knowledge of an order by a court
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issued pursuant to the provisions of this act:
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Code, shall be guilty of a misdemeanor punishable by a fine of not less than
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two hundred dollars ($200) and not more than five thousand dollars ($5,000).
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Code, within five (5) years of the first conviction shall be guilty of a mis-
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demeanor punishable by a jail sentence of not more than six (6) months or by
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a fine of not less than five hundred dollars ($500) and not more than seven
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thousand dollars ($7,000), or by both such fine and imprisonment.
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(3) A person guilty of a third or subsequent violation of section
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shall be guilty of a misdemeanor punishable by a jail sentence of not more
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than twelve (12) months or by a fine of not less than five hundred dollars
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($500) and not more than nine thousand dollars ($9,000), or by both such fine
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and imprisonment.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2812. LOCAL REGULATION. The provisions of this act shall establish
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as state law minimum standards and requirements for the control of dogs that
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may threaten the public with injury and to provide for certain state crimes
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for violations of such minimum standards and requirements. Provided how-
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ever, this act shall not supersede or invalidate existing ordinances of lo-
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cal governments or prohibit local governments from adopting and enforcing
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more restrictive definitions of a dangerous or vicious dog, so long as the
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local government's definition of a dangerous or vicious dog allows for acts
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SECTION 7. SEVERABILITY. The provisions of this act are hereby declared
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to be severable and if any provision of this act or the application of such
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provision to any person or circumstance is declared invalid for any reason,
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such declaration shall not affect the validity of the remaining portions of
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this act.
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SECTION 8. An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after its
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passage and approval.