Cal. Declaring a dog as dangerous may involve an administrative, a civil, or a criminal hearing. A dog determined to be dangerous under section 502-A. 4:19-22andN.J.S.A. In Tennessee, however, a dog will be euthanized if the owner does not appear in court 5 days after receiving notice.
Any dog whichwithout justification attacks a person, reasonable person would believe poses a serious and unjustified imminent threat, of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or, without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. Take specific steps, such as escape proof fencing or enclosure, including a top or roof, to ensure that the animal cannot escape or nonauthorized individuals cannot enter the premises, Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal, Take any other action appropriate to protect the public, Animal confiscated until a decision is made, After a hearing, the magistrate or court shall order the destruction of the animal, at the expense of the owner, if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog, After a hearing, the court may order the destruction of the animal, at the expense of the owner, if the court finds that the animal is a dangerous animal that did not cause serious injury or death to a person but is likely in the future to cause serious injury or death to a person or in the past has been adjudicated a dangerous animal, Any dog that has killed a domestic animal. Appeal dangerous dog determination to Circuit Court: Appeal of dangerous dog determination to Illinois Department of Agriculture: LAS-R.S. The Justice of the Peace Court shall hold a hearing under this subsection within 30 days of the Department filing of a civil action. In order for a dog to be suspected of being dangerous or potentially dangerous the officer must have reasonable cause to believe that the dog has engaged in one or more of the following: The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. Food & Agric. Felony, $5,000 - $10,000 in fines, and/or 1 to 5 years imprisonment when an owner with a previous conviction for a violation of this act whose classified dog causes serious injury to a human being. The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or another domestic animal, has been moved to another address, or dies. A person who keeps a dangerous or vicious animal of any kind, and through his negligent management of the animal allows it to break free, is liable to any person damaged personally or in his property as a result, Any person may lawfully kill any vicious or mad dog running at large. This table covers state laws that address dangerous dogs. 14:102.15. 54-623.
f the owner of a vicious dog fails to maintain or keep the dog in an enclosure or fails to sterilize the dog within the specified timeframe; and if the dog inflicts serious physical injury upon a person or causes the death of another person. While a dog is impounded, if the owner does not reimburse the Department for such costs, the ownership of the dog reverts to the Department and the dog may be disposed of by euthanasia. Potentially dangerous dog means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors: Animal control will issue a certificate of registration if the owner: Dangerous or potentially dangerous determination: McKinney's Agriculture and Markets Law 108(24)(a), McKinney's Agriculture and Markets Law 123, McKinney's Agriculture and Markets Law 123, (a) the dog, without justification, attacked a person causing serious physical injury or death; or, (b) the dog has a known vicious propensity as evidenced by a previous unjustified attack on a person, which caused serious physical injury or death; or, (c) the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a dangerous dog finding. Vicious animal determination (no provisions listed for aggressive dog): West's Ann. For more information, please refer to the "Euthanasia Provisions" column below. The order shall be sent by certified mail, return receipt requested. After a thorough investigation, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous", The Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the States Attorney's Office and the owner, Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded. If owner is not known, 10 days' notice shall be given by publication in one issue of a newspaper having wide circulation in the area. Code 31642;West's Ann. If the court determines that a dog has such a propensity it may order the dog to be humanely euthanized or may order the dog to be returned to its owner subject to certain conditions. The Department shall file a civil action with the Justice of the Peace Court within 5 business days after impoundment of the dog and identification of the dog's owner and notice to the owner. Any dog that the Justice of the Peace Court declares to be dangerous. Cal. Potentially dangerous or vicious dog determination: West's Ann. 767.135, West's F.S.A. Owner is to take reasonable care to control the dog in a manner that prevents the dog from biting or attacking a person or domestic animal while the dog is off the owner's property, Officer impounds on probable cause and requests hearing, The officer or agent who requested the hearing shall serve owner with personal service or leave a copy of the notice with person of suitable discretion, Justice or city magistrate makes the determination, Judicial authority must impose conditions, Proper authority petitions court upon probable cause, Impoundment possible if immediate threat to public safety. The dog be confinedto the premises of the owner, who has actual knowledge that a dog has been deemed dangerous shall, Within 10 days after an order was issued, the owner or keeper of a dog may bring a petition in the district court, The hearing authority may orderthat the dog be humanely euthanized, Any police officer, constable or dog officer shall kill a dog which the selectmen of a town, chief of police of a city, or the county commissioners, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care, and may kill a dog which is living in a wild state, If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment, If a hearing authority or a district court has deemed a dog to be a dangerous dog and such dog wounds a person or worries, wounds or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort to the person injured by the dog for 3 times the amount of damages sustained by such person. Please refer to the Penalties column for further details on each states punishments for Dangerous Dog violations. The definition of dangerous dog usually refers to the act or actions of a dog that puts the public or other animals at risk for injury or death. Typically, however, the determination is carried out by a local administrative body or a municipal court. First offense misdemeanor, up to $5,000 in fines, and up to 3 years imprisonment for a dangerous animal which attacks and injures a human being, or a person who attempts to sell, offer for sale, breed, or buy or attempt to buy a known dangerous animal; Second or subsequent offense felony, up to $10,000 in fines, and up to 5 years imprisonment, A person found guilty of violating this article shall pay all expenses, Any dog which, when unprovoked, in a vicious or terrorizing manner, being upon the streets, sidewalks or any public grounds or places; or, Any dog which, on private property, when unprovoked, in a vicious or terrifying manner. Such notice shall contain a description of the dog as given in the complaint, a statement that such complaint has been made, and the time and place of hearing thereon. Any dog that the Justice of the Peace Court declares to be potentially dangerous. Cal. The owner must then take necessary action to prevent the dog from any further violations of this chapter. toattack unprovoked, cause injury, or otherwise endangerthe safety of human beings or domestic animals; Vicious dog means any dog evidencing an abnormal inclination, dangerous animal with local law enforcement, under restraint by a fence, chain, or other means so that the dog cannot reach persons not on land owned, leased, or controlled by him, If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal is being harbored or cared for in violation of the act the agent or officer may petition the court having jurisdiction to order the seizure and impoundment of the dangerous animal while the trial is pending, Court may order euthanization for dangerous animal for attacking a human or domestic animal, Dangerous animal impoundment for violating ownership conditions, Up to $200 in fines, up to 30 days imprisonment, and a misdemeanor for a dangerous animal unconfined on premises or not safely restrained while off premises or attacks and injures a domestic animal. If the owner can be found, the owner is notified of the impoundment and that owner may request a hearing. A violation of a dangerous dog statute may cost the animal his or her life. Owner is guilty of a Class A misdemeanor when the dog has previously been declared to be dangerous by a court and said dog attacks without justification and causes physical injury. First violation of section 25-2810(8) is a misdemeanor punishable by a fine not less $200 and not more $500. Means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have: N.C.G.S.A. Code 31662, State v. Mallis, 964 N.E.2d 1096 (Ohio App. 767.13; West's F.S.A. Ownership violations third degree misdemeanor, Subsequent ownership violations second degree misdemeanor and up to $5,000, Impoundment upon subsequent violations of ownership conditions, Attacks on persons or domestic animals by dangerous dog is a second degree misdemeanor, Dangerous dog impounded for attacking a person or domestic animal, Attacks by dangerous dog causing severe injury or death to a human is a first degree misdemeanor, Dangerous dog impounded for attacking a human causing severe injury or death, Dog Officer or law enforcement empowered to convene a hearing, Owner notified in writing of panel's determination, Possible euthanization if owner does not reclaim impounded dog, Hearing panel may order euthanization if any dog declared vicious seriously injures a person or kills or seriously injures a domestic animal, In the event a dog kills a person, the dog shall be humanely euthanized, Dangerous animal also meansan animal of thecanine or feline family which makes an unprovoked attackthat causes bodily injury to a human beingandthe attack occurs in a place other than the place where the animal is confined; or.
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