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IN THE SENATE
SENATE BILL NO. 1143, As Amended
BY STATE AFFAIRS COMMITTEE
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AN ACT
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CODE, RELATING TO DOGS WITHOUT COLLARS AND TAGS; REPEALING SECTION
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AT LARGE, TO PROVIDE FOR VIOLATION AND PENALTY, TO CLARIFY APPLICABIL-
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ITY, TO PROVIDE A WAITING PERIOD DURING WHICH TIME AN OWNER MAY RECLAIM
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HIS DELEGATE SHALL CONSTITUTE REASONABLE EFFORT TO LOCATE THE OWNER;
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OF ADDITIONAL PROVISIONS IN CERTAIN SITUATIONS, TO PROVIDE FOR SEVER-
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ABLE LIABILITY AND TO PROVIDE FOR VIOLATIONS AND PENALTIES; AMENDING
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CLARIFY A QUALIFICATION AND TO PROVIDE AN EXCEPTION; AMENDING CHAPTER
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CODE, TO PROVIDE FOR THE DESIGNATION OF DANGEROUS DOGS AND AT-RISK DOGS,
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TO CLARIFY PROOF REQUIREMENTS IN THE PROSECUTION OF CERTAIN ACTIONS,
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TO DEFINE TERMS, TO PROVIDE THAT CERTAIN PROOF SHALL NOT BE REQUIRED IN
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PROCEEDINGS, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT COURTS MAY ORDER
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CERTAIN DOGS BE KILLED, TO PROVIDE FOR RESTRICTIONS AND REQUIREMENTS,
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TO PROVIDE FOR THE WAIVER OF RESTRICTIONS AND REQUIREMENTS, TO PROVIDE
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FOR VIOLATIONS AND TO PROVIDE FOR IMPOUNDMENT; AMENDING CHAPTER 28, TI-
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TO PROVIDE FOR VIOLATIONS AND PENALTIES; AMENDING CHAPTER 28, TITLE
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PROVIDE FOR THE LOCAL REGULATION OF CERTAIN DOGS; AND AMENDING CHAPTER
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CODE, TO PROVIDE FOR SEVERABILITY.
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amended to read as follows:
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native means of identification including, but not limited to, microchip
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implantation, as an alternative to requiring collar and tag. A violation
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of this section is an infraction punishable as provided in section 18-113A,
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2805. DOGS RUNNING AT LARGE -- IMPOUNDMENT -- PENALTY. (1) The
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(2) Any person who willfully or negligently permits any dog owned or
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possessed or harbored by him to be, or run, at large without a responsible at-
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tendant or master, within the limits of any city, town or village or in the
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vicinity of any farm, pasture, ranch, dwelling house, cultivated lands of
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another, or public lands or who willfully or negligently fails, neglects or
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refuses to keep any such dog securely confined within the limits of his own
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premises when not under the immediate care and control of a responsible at-
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tendant or master, shall be guilty of an infraction punishable as provided in
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is actively working as a herding dog, herd guarding dog, bear or cougar dog,
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or hunting dog, in any place where it may lawfully be, that is under the rea-
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sonable control of an owner or handler.
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(3) No dog impounded pursuant to this section shall be killed, or owner-
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ship thereof transferred to another party, before five (5) days have elapsed
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from the time of the taking up of the dog. Only days in which the facility
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wherein the dog is impounded is open to the public shall be counted in the
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calculation of the five (5) day period. The owner may recover possession of
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the dog during that time upon payment of costs and any pertinent fines estab-
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lished by local ordinance. After the five (5) days have elapsed and a reason-
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kill the dog in a humane manner or transfer ownership of the dog to another
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party. Housing of the dog within the facility commonly known in the commu-
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nity to be the designated impoundment facility for stray or impounded dogs
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shall be deemed to constitute reasonable effort for purposes of this sec-
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tion.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ter, "production animal" and "companion animal" shall have the same meanings
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any animal commonly kept for companion or commercial purposes. Any refer-
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ence in this chapter to "domestic animal" shall be considered as a reference
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to both companion and production animals. "Dog" shall mean any canine or ca-
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nine crossbreed.
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(2) The owner of any companion animal which, while in any place where it
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may lawfully be, has been damaged by being injured or killed by a dog without
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provocation shall have a cause of action against the owner of the dog for the
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damages and costs of suit, to be recovered before a court of competent juris-
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diction.
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(3) The owner of any production animal which, while in any place where
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it may lawfully be, has been damaged by being injured, chased, wounded or
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killed by a dog shall have a cause of action against the owner of the dog for
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the amount of damages, costs of suit and attorney's fees, to be recovered be-
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fore a court of competent jurisdiction.
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(4) In the event a dog damages a companion or production animal, as pro-
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vided in subsection (2) or (3) of this section, and subsequently damages a
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domestic animal, the dog shall, in addition to any liability imposed by the
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provisions of this section, be subject to the provisions of section 25-2811,
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(5) In the event one (1) or more dogs, owned by different persons, par-
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ticipate in damaging any domestic animal, the owners of the dog or dogs shall
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be severally liable pursuant to the provisions of this section.
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(6) The keeper of a dog found in violation of the provisions of subsec-
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tion (2) or (3) of this section shall be guilty of an infraction punishable as
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tion of the provisions of subsection (4) of this section shall be guilty of a
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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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LOWED. (1) In the event any dog attacks, wounds, injures or chases a person or
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domestic animal who was peaceably conducting himself or itself in any place
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where he or it may lawfully be, any person, for the purpose of preventing im-
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minent injury or further injury to the person or domestic animal, may use
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such force as is required to stop the dog from continuing to attack, wound,
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injure or chase, including killing such dog, and the owners thereof can sus-
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tain no action for damages for the dog against the person taking such action.
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(2) For the purposes of this chapter, a person is lawfully upon the pri-
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vate property of another when such person is upon the property with the ex-
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press or implied consent of the owner, provided however, consent shall not be
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presumed when the property is fenced or reasonably posted.
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(3) No person shall kill any dog for wounding, injuring, chasing or
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killing poultry in a public place, upon a highway or upon the property of the
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owner or keeper of 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. DANGEROUS DOGS -- AT-RISK DOGS. (1) "Dangerous dog" means any
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dog that:
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(a) Without provocation, and in an aggressive manner, has inflicted se-
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rious injury on a person or kills a person;
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(b) Has been previously found to be at-risk and thereafter aggressively
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bites, physically attacks or endangers the safety of a person without
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provocation; or
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(c) Has been previously found to be at-risk, and thereafter bites,
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physically attacks or kills a domestic animal without provocation.
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(2) "At-risk dog" means any dog that:
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(a) Aggressively bites a person without provocation; or
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(b) Has been previously found by a court to have engaged in behavior in
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and thereafter bites, physically attacks or kills a domestic animal
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without provocation.
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(3) For purposes of this chapter, the issue of provocation shall be de-
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termined by whether a reasonable person would expect that the conduct or cir-
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cumstances would be likely to provoke a dog.
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(4) For purposes of this section, "aggressively bites" shall mean any
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bite, made without provocation, that breaks the skin and is accompanied by
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one (1) or more of the following behaviors: baring teeth, chasing, growling,
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snapping, pouncing or lunging.
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(5) For purposes of this section, "serious injury" means any physical
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injury consisting of broken bones or a permanently disfiguring injury.
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(6) In proceedings pursuant to the provisions of this section, it is not
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necessary for the plaintiff to show that the owner, possessor or harborer of
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such dog or other animal had knowledge of the fact that such dog or other an-
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imal would behave in a manner consistent with the definition of "dangerous
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dog" or "at-risk dog."
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(7) No dog may be declared to be a "dangerous dog" or "at-risk dog" where
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at the time an injury or damage was sustained:
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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) A person was committing a crime or offense upon the property of the
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owner or custodian of the dog;
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(c) A person was willfully teasing, tormenting, abusing or assaulting
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the dog, or in the past had teased, tormented, abused or assaulted the
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dog;
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(d) The dog was responding to pain or injury, or protecting itself, its
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kennel or offspring;
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(e) A person or domestic animal was disturbing the dog's natural func-
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tions such as sleeping or eating;
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(f) 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:
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(i) To a species or type of domestic animal appropriate to the
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work of the dog; or
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(ii) To a person or domestic animal that was interfering with the
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dog while the dog was working in a place where it was lawfully en-
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gaged in such activity, including public lands.
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(g) The injured person was intervening between two (2) or more animals;
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(h) Such injury or damage was to a cat roaming free off the property of
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its owner, harborer or keeper, to a cat which has no owner, harborer or
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keeper, or to poultry.
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(8) A dog shall not be found to be an "at-risk dog" for acting in a manner
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cident occurs in a boarding kennel, a dog day-care facility, off-leash park
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or other designated area in which owner consent to their dogs interacting
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without control by leashes or other restraint devices, unless the owner of
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the dog can be shown to have intentionally caused the dog to attack.
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(9) In the event a court finds that a dog is dangerous pursuant to the
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provisions of this chapter, in addition to any other penalty or liability
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provided in this chapter, the court may order the dog be put to death in a hu-
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mane manner.
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(10) In the event a court finds that a dog belonging to an owner is dan-
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gerous or at-risk pursuant to the provisions of this section, in addition
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to any other penalty or liability provided in this chapter, the court in its
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discretion may order the owner to comply with one (1) or more of the following
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restrictions and requirements:
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(a) When outdoors, the dog shall be confined to a secure enclosure from
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which it cannot escape, and for which ingress and egress are controlled
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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 to a secure en-
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closure, the dog shall be kept on a secure leash.
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(c) The dog shall be permanently identified by means of a color pho-
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tograph to be maintained in the court file, and/or a nationally regis-
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tered microchip for enforcing this provision. Microchip identifica-
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tion shall be reported in a timely manner by the implanter to the local
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agency responsible for control of such dogs.
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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
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signs with a warning symbol that informs children of the presence of a
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dangerous or at-risk dog. Signs shall be visible from the closest road-
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way.
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(e) Require the owner to have the dog examined by a veterinarian or a dog
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trainer and to comply with any reasonable treatment or training recom-
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mendations from such individuals.
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(f) Order notification to the court on transfer of a dangerous or
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at-risk dog to another.
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(11) 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 provisions of subsection (1) or
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(2) of this section for a period of three (3) years, the restrictions and re-
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quirements imposed by the court pursuant to subsection (10) of this section
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shall be waived and the dog shall no longer be classified as at-risk.
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(12) Any person who fails to comply with sanctions, restrictions and/or
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requirements imposed by the court, pursuant to the provisions of this sec-
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tion, shall be guilty of a violation and shall be subject to the provisions of
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(13) In the event of a violation of the provisions of section 25-2806,
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force the provisions of this chapter may take the dog into custody and place
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the dog in a suitable place, at a customary and reasonable expense to the
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owner, pending final disposition of the charge against the owner.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2813. PENALTY FOR VIOLATIONS. The following penalty provisions
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(1) A person committing a first violation shall be guilty of a misde-
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meanor and punished, for each offense, by a jail sentence of not more than six
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(6) months or by a fine of not less than one hundred dollars ($100) or more
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than five thousand dollars ($5,000), or by both such fine and imprisonment.
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(2) A person committing a second violation, within ten (10) years of the
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first conviction, shall be guilty of a misdemeanor and punished, for each of-
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fense, by a jail sentence of not more than nine (9) months or by a fine of
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not less than two hundred dollars ($200) or more than seven thousand dollars
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($7,000), or by both such fine and imprisonment.
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(3) A person committing a third or subsequent violation, within fif-
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teen (15) years of the first conviction, shall be guilty of a misdemeanor and
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punished, for each offense, by a jail sentence of not more than twelve (12)
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months or by a fine of not less than five hundred dollars ($500) or more than
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nine thousand dollars ($9,000), or by both such fine and imprisonment.
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25-2814. LOCAL REGULATION. The provisions of this chapter shall es-
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tablish as state law minimum standards and requirements for the control of
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dogs and to provide for certain state crimes for violations of such minimum
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standards and requirements. Provided however, this chapter shall not su-
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persede or invalidate existing ordinances of local governments or prohibit
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local governments from adopting and enforcing ordinances that provide for
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more restrictive control of dogs, including more restrictive definitions of
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a dangerous or vicious dog, provided such definitions are not specific to one
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(1) or several breeds of dogs.
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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25-2815. SEVERABILITY. The provisions of this chapter are hereby de-
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clared to be severable and if any provision of this chapter or the applica-
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tion of such provision to any person or circumstance is declared invalid for
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any reason, such declaration shall not affect the validity of the remaining
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portions of this chapter.