Dog Bite Law

Model Dangerous Dog Law

A "dangerous dog law" is a law that sets forth what conduct of a dog and owner shall be illegal (including things like the dog being off leash, trespassing or being at large), establishes consequences for dog and owner, and provides reasonable rights of notice and hearing before the imposition of penalties.

This type of law can cover the entire range of unacceptable behavior, everything from biting to trespassing, running at large, or being walked without a leash. It is up to the particular jurisdiction to decide what the dangerous dog law should outlaw.

These laws may exist on the city, county and state level. They may contemplate court actions or local "dog court" hearings. Every city, county and state should have a dangerous dog law that provides sufficient protection to the community.

A dangerous dog law can exist side-by-side with the irresponsible dog owner law which is provided in the next section.

The following is a model dangerous dog law by Attorney Kenneth Phillips, the author of Dog Bite Law.

Model Dangerous Dog Law

by Attorney Kenneth M. Phillips

DANGEROUS DOGS

1. Definitions

This statute / ordinance and its sections shall be referred to as the Dangerous Dog Law.

For the purposes hereof, the following terms mean:

Abandoned: a dog shall be deemed abandoned whose owner has deserted it with the intention of permanently separating from it, without transferring (a) custody to an animal shelter, (b) custody to a third party which has agreed to attempt to place the dog with a new owner, or (c) ownership to a responsible third party.

Animal control authority: an entity authorized to enforce the animal control laws of a city, county or state, whether acting alone or in concert with other governmental authorities. In those areas not served by an animal control authority, the sheriff or municipal law enforcement shall carry out the duties and have the privileges of the animal control authority under this Dangerous Dog Law.

At large: a dog that is not under restraint as defined herein.

Dangerous dog: a dog that has (a) engaged in or has been trained to engage in exhibitions of fighting; (b) attacked a person or domestic animal without justification causing serious bodily injury or death; (c) behaved, on two or more occasions, in a manner that a reasonable person would believe posed an unjustified threat of serious injury or death to a person or domestic animal; (d) committed a nuisance three or more times; (e) was declared to be a dangerous or vicious dog by the animal control authority or court of another jurisdiction.

Nuisance: a dog that (a) damages, soils, the files, or defecates on private property other than private property owned or occupied by the dog's owner, or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous or offensive conditions; (b) causes a disturbance by excessive barking or other noisemaking; or (c) chases vehicles, or molests, threatens, attacks, or interferes with persons or other domestic animals while the latter are on public property, irrespective of whether the dog is on private or public property.

Owner: a person who (a) has the right of property or custody of a dog provided that the right is not merely temporary; (b) keeps or harbors a dog other than temporarily; or (c) knowingly permits a dog to remain indefinitely on or about any premises occupied by that person. If the owner is under the age of eighteen, that person and his or her parents or guardians shall be deemed the owner for the purposes of this Dangerous Dog Law.

Restraint: a dog shall be considered under restraint if it is (a) within the real property limits of its owner and securely confined thereon by a physical fence; or (b) secured by a leash or lead no more than 6 feet in length being held by a person capable of controlling that dog. A dog that frees itself from its owner's real property limits, a leash or lead, shall be considered to be not under restraint.

Serious bodily injury: laceration to or avulsion of the face of a human being, laceration to or avulsion of another area of a person's body requiring sutures, broken or dislocated bone, permanent nerve damage, partial or total loss of use of a part of the body for a significant period of time, or total disability for a significant amount of time.

Trespass: the presence of a dog upon real property owned or occupied by another where the latter has not consented explicitly or implicitly to the dog's presence. The intent of the owner of the dog, and whether the dog is under restraint, shall be immaterial.

2. Owner Responsibility

a. Every dog shall be kept under restraint at all times.

b. No dog shall trespass.

c. No dog shall cause a nuisance.

d. Every dog shall be identified at all times by a microchip or tag that states, at a minimum, the name and address of the owner of the dog.

e. No dog shall be abandoned.

f. A dog kept for the primary purpose of protecting livestock from predatory attacks shall be exempt from nuisance regulations when performing such duties on premises owned or controlled by the owner.

g. In determining whether a violation of any of these provisions has occurred, it shall not be a defense that the dog owner was free from negligence or had taken reasonable measures to ensure compliance.

3. Impoundment

a. Any dog that is not under restraint shall be impounded by the animal control authority.

b. When a dog is not under restraint and its ownership is verified by the animal control authority, the animal control authority may exercise the option of serving the owner with a notice of violation in lieu of impounding the dog.

c. Any dangerous dog may be impounded by the animal control authority, and shall be impounded if the dog is not under restraint. Animal control officers shall be entitled to enter private property for the purpose of impounding a dangerous dog. If a dangerous dog is injured or killed during an attempt to impound it, neither the animal control authority or any of its agents or employees shall be liable in damages therefor.

d. Immediately following the impounding of a dog, the animal control authority shall notify the person identified on the dog's microchip or tag. The animal control authority shall have no obligation to determine the identity of the owner of a dog that does not have a microchip or tag that complies with this Dangerous Dog Law, provided that a general description of the impounded dog and the time and location of impounding are reasonably available to a person inquiring at the office of the animal control aurhority or on its web site.

e. If the impounded dog is not a dangerous dog, the animal control authority shall inform the dog's owner of reasonable conditions whereby custody of the animal may be regained.

f. Dogs not claimed by their owners within a period of five full days in which the shelter is open to the public shall become the property of the county.

g. To claim a dog, the owner must pay the appropriate impoundment fee, fine, penalty or license fees, must attached to the dog a tag that complies with this Dangerous Dog Law, and must produce proof of current vaccination against rabies.

h. If the impounded dog is a dangerous dog, the animal control authority shall petition the court for a hearing for the purpose of determining whether or not the dog in question should be declared vicious.

i. If a dog is a dangerous dog as defined in section 1 hereof, and has not been impounded, any person, the district attorney, city attorney or the animal control authority may petition any court having jurisdiction in the county where the owner resides, or where the dog is owned or kept, for a hearing for the purpose of determining whether or not the dog in question should be declared vicious.

j. After the petition is filed, the owner of the dog shall be given notice as in civil cases that if the owner does not appear before the court and show cause why the dog should not be declared vicious, then the dog shall be declared vicious without the requirement of a hearing.

k. At the hearing to determine whether a dog is vicious, the court may admit all relevant evidence, including incident reports and affidavits of witnesses. There shall be no jury. The court may find, upon a preponderance of the evidence, that the dog is vicious and, upon such finding, shall make the orders authorized in the next section hereof.

l. In the event that the animal control authority finds dogs to be suffering, it shall have the right forthwith to (a) remove or cause to have removed any such dogs to a safe place for care at the owner's expense, or (b) euthanize them when necessary to prevent further suffering. Return to the owner shall be in the discretion of the animal control autority, and may be withheld until the owner shall have made full payment for all expenses so incurred.

m. A determination that a dog is not dangerous or vicious shall not prevent an animal control authority from making a subsequent application for seizure based on the dog's subsequent behavior.

n. Disposal of a dog by any method specified herein does not relieve the owner of liability for violations and any accrued charges.

4. Vicious Dogs

a. Whenever a dog has been declared vicious, the court may make any order it deems appropriate, including, but not limited to, the removal of the animal from the area, or the destruction of the dog.

b. If it is determined that a dog found to be vicious shall not be destroyed, the court shall impose upon the owner the conditions and penalties stated herein.

c. The dog shall be properly licensed, micro chipped, and vaccinated at the owner’s expense, prior to release to the dog’s owner or custodian.

d. The dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot trespass. It may be required that the dog be kept in an enclosure which is enclosed on all sides, with a top and a cement floor, and which is locked by a padlock. The yard or enclosure must be inspected and approved in writing by the animal control authority prior to release of the dog to its owner.

e. The dog may be off the owner’s premises only if it is (a) muzzled in a manner that its teeth cannot touch anything outside the muzzle, and (b) restrained by a substantial leash, not exceeding six feet in length, while the leash is held by an adult capable of restraining and controlling the dog. At no time may the dog be left unattended, even if muzzled, leashed or tied, while off the owner’s premises.

f. The owner of the dog shall immediately notify the animal control authority in the event the dog (a) is at large, (b) has committed an attack on any person or animal, (c) has been sold or otherwise disposed of, or (d) has died.

g. The dog must complete an obedience course at the owner’s expense within 60 days after release of the dog to its owner. The course shall be a course approved by the animal control authority.

h. The dog must be spayed or neutered at the expense of the owner or custodian prior to the release of the dog to its owner.

i. When off the owner’s premises, the dog must wear a bright yellow collar or its leash must be bright yellow. The leash or collar must (a) be visible at 50 feet in normal daylight, and (b) state "Vicious Dog" in black lettering at least one inch in height, and repeated on the leash or collar at intervals of no more than two inches. The coller or leash may be provided by the animal control authority at the owner’s expense.

j. The owner of the dog shall be required to maintain general liability insurance covering property damage and bodily injury caused by the dog, with a combined single limit of $300,000.00 per occurrence, and may be required to show proof of such insurance within 30 days after the court has made its determination.

k. All fines and all charges for services performed by the animal control authority pursuant hereto shall be paid prior to the release of the dog to its owner, or the dog shall be destroyed.

l. The owner of a dog which has been determined to be vicious shall pay a fine not to exceed $500.00 for each separate basis upon which said determination was made. Said fine shall be paid to the animal control authority for the purpose of defraying its costs.

m. The owner must give written notice of the vicious dog determination to United States Post Office (local branch) and all utility companies which provide services to the premises where the dog is kept. The owner shall provide a copy of such notice to the animal control authority within 30 days after the court determination that the dog is vicious.

o. The owner of the dog shall post one or more signs on the premises at a location(s) approved by the animal control authority stating that a vicious dog resides on the premises. The size, wording, color, number and placement of the signs shall be determined on a case by case basis by the animal control authority.

p. The owner of a dog which has been determined to be vicious may be prohibited from owning, possessing, controlling, or having custody of any dog for a period of up to three years, if the court finds that (a) the owner previously was in possession of a dog that was determined to be vicious, (b) the owner was in possession of more than one dog declared to be vicious, (c) the owner violated, three or more times, one or more ordinances or statutes that prohibit a dog from running at large, trespassing, creating a nuisance by defecating, being off leash, being unmuzzled, or being in a dog park in violation of a rule of that dog park, or prohibit cruelty to animals, or chaining or tethering a dog, or (d) ownership or possession of a dog by the owner would create a significant threat to the public health, safety, and welfare.

q. The failure of an owner to comply with any of the conditions imposed by the court is a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. If serious bodily injury results from any such failure, it shall be a felony punishable by a fine not exceeding $10,000 or by imprisonment for a period not exceeding 3 years, or by both such fine and imprisonment.

5. Insurance

The owner of a dog which is expected to weigh more than 30 pounds when fully grown shall provide proof that the owner is insured by a policy of liability insurance which provides coverage for canine inflicted injuries, with a policy limit of at least $50,000 per occurrence.

[NOTE: The following section is appropriate only where the Dangerous Dog Law shall be enacted as a state statute.

[6. Local Laws

[Nothing in the Dangerous Dog Law shall be construed to prevent a city or county from adopting or enforcing its own program for the control of dangerous or vicious dogs provided that such provisions are more restrictive upon dogs and their owners than the provisions hereof.]

7. Penalties

a. The penalties stated in the Dangerous Dog Law are in addition to the penalties and remedies provided in other civil and criminal laws applicable to this jurisdiction.

b. Upon conviction of a violation of section 2 or 5 of the Dangerous Dog Law, the owner of the dog shall be fined $100 for the first violation of any provision hereof, $500 for the second violation, $2,500 for the third violation, and $5,000 for each and every subsequent violation.

c. Upon conviction of a violation of section 2 or 5 of the Dangerous Dog Law, the owner of the dog may be sentenced to confinement in the county jail for one day if it is the first conviction, up to 6 months if it is the second conviction, or up to one year if it is the third or any subsequent conviction. A single act which violates more than one provision of section 2 or 5 of the Dangerous Dog Law shall be treated as one conviction for the purposes of sentencing.

d. If the violation of section 2 of the Dangerous Dog Law results in serious bodily injury, the fines and penalties set forth herein may be tripled.

e. If the owner is found to have abandoned a dog, the sentence shall include a prohibition against owning any domestic animals for a period of three years, provided however that this section shall not require the surrender of domestic animals owned at the time of conviction.

8. Relationship to Other Laws

This Dangerous Dog Law shall not limit the civil and criminal liability of the owner and custodians of the dog. The definitions herein apply only to this Dangerous Dog Law and are not intended to affect any other law or court decision.

Notes about the Model Dangerous Dog Law

The model law takes one approach to identifying and regulating dangerous dogs. However, other approaches are possible:

• Breed specific laws. For example, some cities are outlawing pit bulls or regulating them differently than other dogs. The arguments in favor of and against such laws can be found on Breed Specific Laws, a section of Dog Bite Law (www.dogbitelaw.com). Most experts, including Attorney Kenneth Phillips, do not favor breed specific laws.

• Classification laws. For example, some laws establish three categories of regulated dogs: prohibited, restricted and dangerous. Prohibited dogs often include coyotes, wolves, dingoes, and wild hybrids - animals already outlawed in many cities. Breeds such as pit bulls and Rottweilers would be in the restricted class. The city could require their owners to take out insurance policies, build escape-proof kennels and pass an inspection by animal control officers. Restricted dogs could be upgraded to dangerous dogs if they showed a tendency for violence or were classified as dangerous by a judge.

• Larger counties such as Los Angeles have extensive ordinances, which are appropriate for those places. Click here to go to another section of Dog Bite Law which contains a link to that code.

An additional way to deal with the dangerous dog problem is to enact an Irresponsible Dog Owner Law, provided in the next section.

Irresponsible Dog Owner Law

An "irresponsible dog owner law" is intended to identify and penalized chronically irresponsible dog owners. The penalties for such include losing their dogs and paying a substantial fine.

Because this type of law is aimed at repeat human offenders of animal control laws, it is in keeping with principles such as "punish the deed, not the breed," and "put responsibility on the other end of the leash where it belongs."

Dog owners need to fully understand that their actions usually are the cause of a dog being dangerous. No matter what breed of dog is involved, the dog can present a substantial danger to one's family, friends and community if the dog is mistreated, not cared for properly, not socialized, chained, injured or ill. The responsibility for all of these conditions is bourne by the dog owner, harborer or keeper (except for temporary keeper). A breach of one's duty toward a dog can result in tragic and even fatal consequences befalling a friend, family member or neighbor.

The city, county or state that enacts the Dangerous Dog Owner Law can revise the definition in section (b)(2) to include other unwanted conduct. The definition can make specific reference to the Dangerous Dog Law if both are enacted. This law can be enacted with the Model Dangerous Dog Law.

The following is a model irresponsible dog owner law by Attorney Kenneth Phillips, the author of Dog Bite Law.

Model Irresponsible Dog Owner Law

by Attorney Kenneth M. Phillips

IRRESPONSIBLE DOG OWNERS

a. This statute / ordinance and its sections shall be referred to as the Irresponsible Dog Owner Law.

For the purposes hereof, a domestic animal shall be deemed abandoned whose owner has deserted it with the intention of permanently separating from it, without transferring (a) custody to an animal shelter, (b) custody to a third party which has agreed to attempt to place the animal with a new owner, or (c) ownership to a responsible third party.

b. An "irresponsible dog owner" is a person who owns, keeps or harbors one or more dogs, and:

1. Has violated, three or more times, one or more ordinances or statutes that prohibit a dog from running at large, trespassing, creating a nuisance by defecating, being off leash, being unmuzzled, or being in a dog park in violation of a rule of that dog park, or prohibit cruelty to animals, or chaining or tethering a dog; or,

2. Has abandoned one or more domestic animals.

c. An irresponsible dog owner shall be penalized in one or all of the following ways:

1. He shall be fined $500.00 upon the first conviction hereunder, $1,000.00 upon the second conviction hereunder, and $2,500.00 upon the third conviction hereunder.

2. He shall be ordered to surrender all of his dogs to animal control authorities and to refrain from owning, keeping or harboring those dogs or any dog or dogs for a period of three years.

3. He shall be ordered to surrender all of his domestic animals to animal control authorities and to refrain from owning, keeping or harboring those animals or any animal or animals for a period of three years.

d. An animal control officer, city or county prosecutor, or private person may petition the court for a declaration that a person is an irresponsible dog owner and that he be penalized as provided herein.

e. Upon petitioning the court, the accused shall be given notice as in civil cases that if he does not appear before the court and show cause why he should not be declared an irresponsible dog owner, then he shall be declared an irresponsible dog owner and shall be penalized as provided herein.

f. At the court hearing to determine whether the accused is an irresponsible dog owner, the court may admit into evidence all relevant evidence, including but not limited to prior convictions, incident reports and affidavits of witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the accused is an irresponsible dog owner and, upon such finding, shall imposed the penalty or penalties provided in section (2) hereof.

g. Dogs surrendered or impounded pursuant to this ordinance shall be adopted-out if possible, or else shall be euthanized.

h. Disposal of a dog or dogs by any method specified herein does not relieve the irresponsible dog owner of liability for violations and any accrued charges.

i. The court may not grant probation to an irresponsible dog owner except in extraordinary circumstances, and under the condition that the next violation under section (b)(2) or any other animal control law shall result in imposition of the full penalties prescribed by section (c) hereof.

j. A violation of an order made under section (c)(2) hereof shall be punishable as a contempt of court in addition to any other penalties under this or any other law.

k. The provisions hereof shall be in addition to any other civil, criminal or administrative laws, regulations or causes of action against the owner of the dog or any other person, firm, corporation or governmental entity or employee.

Model Dog Bite Statute

A "dog bite statute" is a law that replaces the English "one-bite rule" as it applies to dog bites. Most American states have dog bite statutes. Additionally, there are cities and counties that have civil liability ordinances which are enforceable. The one bite rule has no place in modern America and therefore every state should have a dog bite statute. Care must be taken to make the law fair and reasonable. It should be noted that the proposed Model Law is not breed specific. The following is a model dog bite statute by Attorney Kenneth Phillips, the author of Dog Bite Law.

Model Dog Bite Statute

by Attorney Kenneth M. Phillips

DOG BITES

1. This statute shall be known as the Dog Bite Statute.

2. The owner, harborer or keeper of any dog shall be civilly liable for all injuries and damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner, harborer or keeper of the dog, regardless of the former viciousness of the dog or that person's knowledge of such viciousness.

3. A person is lawfully upon the private property of such owner, harborer or keeper within the meaning of this Dog Bite Statute when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner, harborer or keeper of the dog, the owner or lessee of the property, or any person authorized to grant such permission.

4. This Dog Bite Statute shall not apply where the victim was a criminal suspect, and the dog was engaged in the performance of duties for on-duty law enforcement officers or military personnel who were acting within the written guidelines previously adopted by their agencies.

5. This Dog Bite Statute shall not apply where the dog was in, or being placed into, the custody of an animal trainer, animal behaviorist, groomer, dog walker, kennel worker, veterinarian, or an agent or employee of any of the foregoing, for the purpose of rendering a professional service in exchange for compensation.

6. Provocation shall not be a defense to liability under this Dog Bite Statute, except where the victim (a) was threatening or attempting to commit a crime of violence upon any person; or (b) caused the dog to experience physical pain and the bite was an immediate response to the pain, provided however that the dog bit the victim only once and further provided that the victim was not younger than 5 years of age.

7. The parents having custody of a minor who is the owner, harborer or keeper of any dog shall be additionally liable parties under this Dog Bite Statute.

8. If the victim of the dog bite is a harborer or keeper of the dog, the owner of the dog nevertheless shall be liable under this Dog Bite Statute.

9. It shall not be a defense to liability under this Dog Bite Statute that the owner, harborer or keeper (a) exercised the utmost care to prevent the dog from biting, or (b) did not have custody or control of the dog at the time of the biting.

Notes about the Model Dog Bite Statute

The Model Dog Bite Statute is based on typical provisions in the dog bite statutes of a number of states. However, other approaches are possible.

For example, this law applies to the "owner, harborer or keeper." Many states with dog bite statutes confine liability to the owner, and do not mention the harborer and keeper.

This law specifies that the victim must be a "person." It therefore does not create a remedy in cases of damaged property or injured animals. The dog bite statutes of some jurisdictions make owners liable for damage to property (i.e., tires that are destroyed by chewing) and other animals (such as dogs belonging to neighbors). Note also, however, that some of the statutes that cover other animals specifically exclude animals such as cats, wild animals, and sometimes even other dogs.

The model law only applies to bites, not other types of accidents. For example, a dog might run against an older person, causing the latter to fall and break a hip. There are some dog "bite" statutes that cover all canine-inflicted injuries.

This law makes exceptions for a variety of canine professionals. The states are divided, however, as to whether people who work with dogs should be left without a remedy if mauled. The trend appears to be to leave our dog workers with no remedy, so the model law reflects this.

The model law provides a definition of "provocation." In dog bite law, the provocation defense is similar to comparative negligence or contributory negligence. (See Provocation: the Myth at Why Dogs Bite, which is a section of Dog Bite Law (www.dogbitelaw.com).) The courts have struggled at times to determine what constitutes provocation. The most correct view is that provocation is an action that justifies a measured, violent response. The model law proposes essentially a limited right to self-defense on the part of the dog.

www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here.