Citation

Alabama Code Sec. 3-1-3

Definition

No statutory definition

Highlights

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.

Remedy, liability, or penalty

General damages.

Remarks

In the absence of a statutory definition, a standard dictionary definition of “vicious” or “dangerous” would logically apply.

Citation

Alaska Code Sec. 03-55-10

Definition

“Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious within the meaning of AS 03.55.010.”  Sec. 03-55-20

Highlights

Any person is lawfully entitled to kill a vicious dog “running at large.”

Remedy, liability, or penalty

A governmental agency may kill a vicious dog that habitually attacks lifestock, fowl, etc., after notice to the owner.  Sec. 03.55.030

Remarks

Note the predicate for legal sanction of killing a dog by a private person is that the animal must be “running at large.”

Citation

Arizona Revised Statutes Sec.

Definition

“’Vicious animal’” means any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation, or that has been so declared after a hearing before a justice of the peace or a city magistrate.  Sec. 11-1001

Highlights

No female dog during her breeding or mating season nor a vicious dog may be permitted at large.  Sec. 1012.  Dogs not penned up on private property must be on a leash, and all dogs over three months old must be licensed.

Remedy, liability, or penalty

Person who is bitten without provocation by a dog may recover all damages suffered as a result.  Sec. 1025.  Any biting animal of any kind my be impounded by county authorities for 14 days.  Sec. 1014

Remarks

Citation

No Statute

Definition

Highlights

Remedy, liability, or penalty

Remarks

Local government

Contact local county or municipal government for information on local statutes. 

Citation

Food and Agricultural Code Sec. 31601 & seq.,

Definition

California has an elaborate system of classifying and defining dangerous animals.  The reader should consult Food and Agricultural Code Secs. 31602, 31603, and 31604.

Highlights

The local animal control agency may conduct a hearing to determine whether the animal is potentially dangerous or vicious, and upon a finding, the owner must keep the animal securely penned on his property and take the off of his property only if restrained by an appropriate leash.  Sec. 31642. 

Remedy, liability, or penalty

A dog found to be potentially dangerous or vicious may be destroyed upon a finding that it is a threat to the public.  The owner may be prohibited from owning any dog and fined.  Secs. 31645 & seq.  The owner of any dog is liable for the 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 of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section 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.  Civ. Code Sec. 3342

Remarks

Local government

Local county or municipal government

Citation

Colorado Revised Statutes Sec. 18-9-204.5

Definition

"Dangerous dog" means any dog that: (I) Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal; or (II) Demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal; or (III) Engages in or is trained for animal fighting as described and prohibited in section 18-9-204.  "Domestic animal" means any dog, cat, any animal kept as a household pet, or livestock.

Highlights

Colorado statute prohibits the ownership, keeping, or harboring of a dangerous dog.

Remedy, liability, or penalty

An owner whose dangerous dog kills or injures another animal, or damages other property, or kills or injures a human being, is guilty of a misdemeanor or felony, depending on the event, and is liable for criminal penalties, restitution to the owner of animals or other property damaged, and damages for personal injury.

Remarks

Local government

Local county or municipal government

Citation

Connecticut General Statutes Title 26, Chapter 490, Secs. 26-40a and 26- 55

Definition

The felidae, including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including, but not limited to, the wolf and coyote; and the ursidae, including, but not limited to, the black bear, grizzly bear and brown bear.

Highlights

No person is permitted to possess a dangerous animal unless in possession of a permit.

Remedy, liability, or penalty

Animal control may locate and take custody of such animals.  Owner is liable for restitution of cost of seizing and caring for or destroying such an animal, and for civil penalties of $2000.

Remarks

Unlike some states, Connecticut has directed its dangerous animals law at wild animals.  See our chart on dog bites for more information on dangerous dogs.

Local government

Local county or municipal government

Citation

Delaware Code Sec. 1327

Definition

"Dangerous animal" means any dog or other animal which: (1) Had been declared dangerous or potentially dangerous by the Dog Control Panel pursuant to subchapter III of Chapter 17 of Title 7; (2) Had been trained for animal fighting, or that has been used primarily or occasionally for animal fighting; (3) Had been intentionally trained so as to increase its viciousness, dangerousness or potential for unprovoked attacks upon human beings or other animals; or (4) Has an individualized and known propensity, tendency or disposition, specific to the individual dog, for viciousness, dangerousness or unprovoked attacks upon human beings or other animals.

Highlights

Statute prohibits possession of such an animal.

Remedy, liability, or penalty

Criminal liability varies depending on the type of injury inflicted and upon whom or what, from misdemeanor to felony.

Remarks

Local government

Local county or municipal government

Citation

DC Code Secs. 8-1801 – 1813; 8-1901 - 1908

Definition

“Dangerous animal” means an animal that because of specific training or demonstrated behavior threatens the health or safety of the public.  "Dangerous dog" means any dog that without provocation:

(i) Causes a serious injury to a person or domestic animal; or

(ii) Engages in behavior described in paragraph (4)(A)(i) of section 1901 subsequent to having been determined to be a potentially dangerous dog pursuant to § 8-1902.

Highlights

It is unlawful to keep a dangerous dog without a permit, or to permit a dangerous animal of any kind to go at large.

Remedy, liability, or penalty

Escalating fines, civil damages, and ultimate impoundment of the animal.

Remarks

Local government

Local county or municipal government

Citation

Florida Statutes Sec. 767.01 & seq.

Definition

"Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

Highlights

Dog owner is liable to owner for damage done to other animals and property caused by the dog.  Dog owner is liable for personal injuries caused by attack on a person lawfully on public or private property, reduced to the degree the person attached may have contributed to the attack through negligence or willful acts.

Remedy, liability, or penalty

Civil damages.  If it has previously attacked a person, criminal liability as a misdemeanor.

Remarks

Local government

Local county or municipal government

Citation

Georgia Code Secs. 4-8-1 & seq., 4-14-1 & seq.

Definition

"Dangerous dog" means any dog that, according to the records of an appropriate authority: (A) Inflicts a severe injury on a human being without provocation on public or private property at any time after March 31, 1989; or (B) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.  "Vicious dog" means any dog that inflicts a severe injury on a human being without provocation after the owner has notice that the dog has previously bitten or attacked or endangered the safety of a human being.

Highlights

Owner of a dog is liable for all damage to persons or property done by the animal.  In addition, owners of dangerous dogs must register them and carry a minimum $15,000 liability insurance.  Vicious dogs must be enclosed or restrained.  Violation is punishable by fines of a minimum of $300 to $500, and the animal may be destroyed.  In the case of dangerous or vicious dogs, the violation of the statute constitutes a misdemeanor.

Remedy, liability, or penalty

Vicious dogs must be enclosed or restrained.  Violation is punishable by fines of a minimum of $300 to $500, and the animal may be destroyed.

Remarks

Local government

Local county or municipal government

Citation

Hawaii Rev. Statutes Sec. 663.9, 663.9.1

Definition

N/a

Highlights

Owner or harborer of an animal is liable for all property and personal damage done by it, regardless of prior knowledge of its propensity to cause injury or damage.

Remedy, liability, or penalty

Civil damages.

Remarks

Local government

Local county or municipal government

Citation

Idaho Statutes Sec. 25-2805

Definition

See highlights

Highlights

Idaho has no law dealing with dangerous animals other than dogs.  A dog is dangerous where a complaint has been made to the sheriff and a notice has been delivered to the owner.  It is vicious where it has bitten without provocation or trespass.  In either case, the animal must be confined on the owners property and if taken out, effectively restrained.

Remedy, liability, or penalty

Damages caused by the dog, misdemeanor in case of violation relating to vicious dog.

Remarks

Local government

Local county or municipal government

Citation

Illinois Compiled Statutes Sec. 721 ILCS 585/0.1 et seq.

Definition

"Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous or life‑threatening reptile.

Highlights

Possession of any defined animal is strictly prohibited to anyone except a licensed zoological park or similar organization.

Remedy, liability, or penalty

Misdemeanor

Remarks

Though not explicitly stated in the statute, liability would also accrue on general tort theories on for damage done by the animal to persons or property, including livestock and pets.

Local government

Local county or municipal government

Citation

Indiana Code Secs. 15-20-1-5

Definition

"Coydog" means: (A) an animal that is the offspring of a coyote and another animal; or (B) an animal that is the offspring of: (i) an animal that is the offspring of a coyote and another animal; and (ii) another animal.  "Wolf hybrid" means: (A) an animal that is the offspring of a wolf and another animal; or (B) an animal that is the offspring of: (i) an animal that is the offspring of a wolf and another animal; and (ii) another animal.  "Secure enclosure" means an outdoor pen that is: (A) roofed or that has sides at least six (6) feet tall; and (B) constructed in such a manner that the type of animal contained within the pen cannot reasonably be expected to escape.

Highlights

An owner of a coydog or wolf hybrid must keep the animal in a secure enclosure as defined above and not allow it out of the enclosure except on a leash not more than 8 feet long.

Remedy, liability, or penalty

Failure to comply resulting in damage to person or property is a misdemeanor.  Failure to comply resulting in death of a person is a felony.  In addition, the owner is subject to civil damages caused by the animal.

Remarks

Indiana’s dangerous animal’s law is directed at hybrids of coyotes and wolves, as defined above.

Local government

Local county or municipal government

Citation

Iowa Code Title XVI, Subtitle 1, Section 717F.1 et. Seq.

Definition

"Dangerous wild animal" means any of the following: (1)  A member of the family canidae of the order carnivora, including but not limited to wolves, coyotes, and jackals.  However, a dangerous wild animal does not include a domestic dog. (2)  A member of the family hyaenidae of the order of carnivora, including but not limited to hyenas. (3)  A member of the family felidae of the order carnivora, including but not limited to lions, tigers, cougars, leopards, cheetahs, ocelots, and servals.  However, a dangerous wild animal does not include a domestic cat. (4)  A member of the family ursidae of the order carnivora, including bears and pandas. (5)  A member of the family rhinocero tidae order perissodactyla, which is a rhinoceros. (6)  A member of the order proboscidea, which are any species of elephant. (7)  A member of the order of primates other than humans, and including the following families:  callitrichiadae, cebidae, cercopithecidae, cheirogaleidae, daubentoniidae, galagonidae, hominidae, hylobatidae, indridae, lemuridae, loridae, megaladapidae, or tarsiidae.  A member includes but is not limited to marmosets, tamarins, monkeys, lemurs, galagos, bushbabies, great apes, gibbons, lesser apes, indris, sifakas, and tarsiers. (8)  A member of the order crocodilia, including but not limited to alligators, caimans, crocodiles, and gharials. (9)  A member of the family varanidae of the order squamata, which are limited to water monitors and crocodile monitors. (10)  A member of the order squamata which is any of the following: (a)  A member of the family varanidae, which are limited to water monitors and crocodile monitors. (b)  A member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. (c)  A member of the family helodermatidae, including but not limited to beaded lizards and gila monsters. (d)  A member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. (e)  A member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. (11)  Swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.  "Dangerous wild animal" includes an animal which is the offspring of an animal provided in paragraph "a", and another animal provided in that paragraph or any other animal.  It also includes animals which are the offspring of each subsequent generation.  However, a dangerous wild animal does not include the offspring of a domestic dog and a wolf, or the offspring from each subsequent generation in which at least one parent is a domestic dog.

Highlights

Iowa prohibits the importation of dangerous wild animals into the state or the ownership or possession of such animals unless the owner has complied with elaborate registration and other procedures described in Section 717F.4.  Anyone with an issue in that regard should read the cited section of the Code.

Remedy, liability, or penalty

Penalties are civil damages ranging from $200 to $2000 per animal for each violation.

Remarks

Local government

Local county or municipal government

Citation

None

Definition

Highlights

Remedy, liability, or penalty

Remarks

Kansas’s statewide laws regarding dangerous animals are restricted to a law giving the livestock commissioner the authority to promulgate regulations regarding animals that may endanger livestock, including stray dogs.  Local governments may have ordinances dealing with the issue of dangerous animals, however.

Local government

Local county or municipal government

Citation

Kentucky Revised Statutes Sec. 258.235

Definition

Highlights

Any dog determined to be vicious by a court and allowed to be returned to an owner must be confined in a locked enclosure at least seven feet high or a locked kennel run with a secured top.  The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter.  The dog must be muzzled if leaving the enclosure for either of these purposes.

Remedy, liability, or penalty

Any person may kill a dog that he observes attacking a person.  A livestock owner may also kill a dog he perceives attacking his livestock.  An owner is liable for all personal injury and property damage inflicted by the animal.  A dog found to be vicious that is discovered at large may be killed by an animal control officer.

Remarks

Local government

Local county or municipal government

Citation

Louisiana Code Title 14, Secs. 102.13, 102.14

Definition

"Dangerous dog" means: (1)  Any dog which when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or (2)  Any dog which, when unprovoked, bites a person causing an injury; or (3)  Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog.

Highlights

A dangerous dog must be kept indoors at all times on the owner’s property and properly restrained when out of doors.  Property must be signed.

Remedy, liability, or penalty

A vicious dog must be euthanized.  Violation of dangerous dog statute may be fined up to $300.

Remarks

Local government

Local county or municipal government

Citation

Maine Rev. Statutes Sec. 3907, 3951, 3952

Definition

"Dangerous dog" means a dog that bites an individual or a domesticated animal who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal. "Dangerous dog" does not include a dog certified by the State and used for law enforcement use. "Dangerous dog" does not include a dog that bites or threatens to assault an individual who is on the dog owner's or keeper's premises if the dog has no prior history of assault and was provoked by the individual immediately prior to the bite or threatened assault.

Highlights

Any person may kill a dog observed to be attacking a human being or domesticated animal.  Once a dog is determined to be dangerous under the procedures set out in Sec. 3952, the owner must keep it in a secure enclosure.  Failure to comply can result in impoundment of the animal.

Remedy, liability, or penalty

Failure to comply with a court order or law enforcement officer’s direction to confine the dog can result in fines of from $250 to $1000.  In addition, failure to comply with an order to confine a dog that poses an imminent threat to the public may be prosecuted for a Class D crime.

Remarks

Local government

Local county or municipal government

Citation

Maryland Code Sec. 10-619

Definition

A dangerous dog is one that, without provocation, has killed or inflicted severe injury on a person, or it is a potentially dangerous dog that bites a person, when not on its owner's real property, kills or inflicts severe injury on a domestic animal, or attacks without provocation.

Highlights

Once a dog is determined to be dangerous and the owner is notified, the owner must never keep the dog unattended unless it is restrained or securely penned up.  The dog may not leave the owner’s real property unless muzzled and kept on a leash.

Remedy, liability, or penalty

Violation is a misdemeanor and punishable by a fine of up to $2500.

Remarks

Local government

Local county or municipal government

Citation

Massachusetts General Laws Secs. 140-157, 140-167, 140-159

Definition

N/a

Highlights

An aggrieved person may make a complaint to a selectman or other person charged with dealing with dog complaints and that person will hear the matter and make a determination of the disposition of the animal within ten days.  The order is in the discretion of the hearing officer and may include restraint or destruction of the animal.

Remedy, liability, or penalty

Dog may be ordered restrained or destroyed.  Attack by a dog ordered restrained is compensated by triple civil damages. 

Remarks

The Massachusetts statutes focus on dogs.  The scheme for control and punishment of non-compliant owners is elaborate and dog owners and those with issues concerning dogs are urged to read all of the statutes commencing with Section 140-136A through 40-174D.

Local government

Local county or municipal government

Citation

Michigan Compiled Laws Secs. 287.321, 287.322, 287.323

Definition

“Dangerous animal” means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following: (i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner. (ii) An animal that bites or attacks a person who provokes or torments the animal. (iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.

Highlights

Animal may be found to be a dangerous animal and ordered destroyed if it has killed a person or a dog, or tattooed and registered if it has caused the death of an animal or is likely to cause the death of a person or animal.

Remedy, liability, or penalty

If an adjudicated dangerous animal the owner is liable for involuntary manslaughter charges if the animal escapes and kills a person.  Serious injury to a person is punishable as a felony by four years imprisonment and a fine of $2000.  A non-serious injury is punishable as a misdemeanor by 90 days imprisonment and up to a $500 fine.  Allowing such an animal to run at large is punishable as a misdemeanor by 90 days imprisonment and up to a $500 fine.

Remarks

Local government

Local county or municipal government

Citation

Minnesota Statutes Secs. 347.50 et seq.

Definition

"Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals.  "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

Highlights

Dangerous dogs must be registered, an identifying microchip imbedded, and a $300,000 bond posted against possible damages.  Animal must be satisfactorily confined.

Remedy, liability, or penalty

Violation is punishable as a misdemeanor, and repeat offenses as gross misdemeanors.

Remarks

Local government

Local county or municipal government

Citation

Mississippi Code Sec. 21-19-9

Definition

N/a

Highlights

The State of Mississippi has delegated the control of dangerous animals to its municipalities.  Those with issues regarding dangerous animals should contact their municipality to determine the ordinances in their jurisdiction.

Remedy, liability, or penalty

N/a

Remarks

Local government

Local county or municipal government

Citation

Missouri Revised Statutes Title XXXVIII, Sec. 578-023

Definition

“Dangerous wild animal” means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long.

Highlights

No person may keep such an animal in any place other than a circus, zoological park, etc., unless the same is registered with the local law enforcement agency.

Remedy, liability, or penalty

Class C misdemeanor.

Remarks

Local government

Local county or municipal government

Citation

None

Definition

N/a

Highlights

The State of Montana has delegated the control of dangerous animals to its municipalities.  Those with issues regarding dangerous animals should contact their municipality to determine the ordinances in their jurisdiction.  See our Dog Bite chart concerning owner liability for dog bites.

Remedy, liability, or penalty

N/a

Remarks

Local government

Local county or municipal government

Citation

Nebraska Revised Statutes Secs 54-617 – 54-627

Definition

“Dangerous dog” means a dog that, according to the records of an animal control authority: (i) Has killed a human being; (ii) has inflicted injury on a human being that requires medical treatment; (iii) has killed a domestic animal without provocation; or (iv) has been previously determined to be a potentially dangerous dog by an animal control authority, the owner has received notice from an animal control authority or an animal control officer of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.  “Potentially dangerous dog” means (a) any dog that when unprovoked (i) inflicts an injury on a human being that does not require medical treatment, (ii) injures a domestic animal, or (iii) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or (b) any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.

Highlights

Dangerous dogs must be spayed or neutered, confined, restrained when not in confinement, and not transported from one municipality to another except in specific circumstances. 

Remedy, liability, or penalty

Confiscation or destruction of the animal.  Violation is a Class IV misdemeanor.  In case of violation resulting in injury to human being, violation is a Class I misdemeanor for first offense and Class IV felony for repeat offenses.

Remarks

Local government

Local county or municipal government

Citation

Nevada Revised Statutes Sec. 202.500

Definition

A dog is “Dangerous” if (1) It is so declared by a law enforcement agency after its use in a crime; or (2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog is off the premises of its owner or keeper; or not confined in a cage, pen or vehicle.  A dog is “Vicious” if: (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or (2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in the previous sentence.

Highlights

Keeping a vicious dog more than 7 days after notice of the finding, or transferring it after notice of the finding, is a misdemeanor.  If a substantial bodily harm results from keeping the animal, the owner is guilty of a felony.

Remedy, liability, or penalty

See highlights.

Remarks

Local government

Local county or municipal government

Citation

New Hampshire Revised Statutes Secs. 466:31, 466:31a

Definition

A dog is considered to be a nuisance, a menace, or vicious to persons or to property under any or all but not limited to the following conditions:
(a) If a dog is ""at large,'' which means it is off the premises of the owner or keeper and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog, unless accompanied by the owner or custodian. This subparagraph shall not include a dog which is being used for hunting, supervised competition, exhibition, or training for such activities if accompanied by the owner or custodian, or a dog which is guarding, working, or herding livestock, as defined in RSA 21: 34-a, II(a)(4), meaning that the owner or custodian must be able to see or hear the dog, or have reasonable knowledge of where the dog is hunting or herding, or where training is being conducted or where trials are being held, provided that such dog does not have to be within sight at all time;
(b) If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area, not including a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4);
(c) If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner's;
(d) If any female dog in season (heat) is permitted to run at large or be off the premises of the owner or keeper during this period except when being exercised on a leash by a responsible adult. At all other times such dog shall be confined within a building or enclosure in such manner that she will not come in contact (except for intentional breeding purposes) with a male dog. A female dog in heat shall not be used for hunting;
(e) If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper;
(f) If it runs after, or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled or pushed on the streets, highways, or public ways;
(g) If, whether alone or in a pack with other dogs, it bites, attacks, or preys on game animals, domestic animals, fowl or human beings.

Highlights

If a dog is allowed to run at large or not otherwise properly restrained, a court may make such orders as are necessary to deal with the nuisance caused.

Remedy, liability, or penalty

Civil forfeitures ranging from $25 to $400, or, if offenses are repeated, municipal court proceedings against owner.

Remarks

Local government

Local county or municipal government

Citation

New Jersey Statutes Secs. 4:19-16 et seq.

Definition

A dog is potentially dangerous if it (1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or (2) severely injured or killed another domestic animal, and (a) poses a threat of serious bodily injury or death to a person; or (b) poses a threat of death to another domestic animal, or (3) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

Highlights

A dog found to be vicious can be ordered destroyed after a hearing in court.  A potentially dangerous dog may be ordered penned up and restrained to avoid danger to the public.  A dog identified as potentially dangerous must wear distinctive licensing tags.

Remedy, liability, or penalty

The owner is liable for expenses incurred in seizing and caring for the dog pending hearing and disposition.  In addition, the owner is liable for all damage done by the animal and fines for violation of court orders up to $1000 per day.

Remarks

Local government

Local county or municipal government

Citation

New Mexico Statutes Secs. 77-1a-1 et seq.

Definition

"Dangerous dog" means a dog that caused a serious injury to a person or domestic animal.

Highlights

Dog may be seized on a warrant issued by a court and either destroyed if the owner transfers it to the animal control authority or released to the owner on conditions imposed by the court.  An elaborate set of requirements for release may be imposed by the court as seen fit under the circumstances under Section 77-1a-5.

Remedy, liability, or penalty

In addition to impoundment and possible destruction of the dog, the owner may be liable for violations of conditions of release of a dangerous dog and charged with crimes ranging from misdemeanors to first degree felonies under section 77-1a-6.

Remarks

Local government

Local county or municipal government

Citation

New York Consolidated Laws, Agriculture and Markets, Article 7, Sec. 121

Definition

None.  Determination to be made by court upon report of attack of dog on a person.

Highlights

Provides a process in which a determination may be made that a dog is dangerous.  Upon a finding that the dog is dangerous, a series of restrictions on ownership may be imposed up to permanent confinement or destruction of the animal if aggravating circumstances are discovered. 

Remedy, liability, or penalty

If the dog attacks a person through the negligence of the owner, a scale of penalties apply, depending on the nature of the event and previous events, ranging from a $400 fine to criminal prosecution.

Remarks

Local government

Local county or municipal government

Citation

None.

Definition

N/a

Highlights

North Carolina has delegated responsibility for control of dangerous animals to its counties and municipalities.  Persons with issues concerning dangerous animals should consult their county and municipal governments.

Remedy, liability, or penalty

N/a

Remarks

Local government

Local county or municipal government

Citation

North Dakota Century Code Secs. 42-03-01 through 42-03-04

Definition

A dog is a public nuisance if it habitually molests persons on public roads or streets.

Highlights

Upon complaint about the dog, the local judge will notify the owner that a complaint has been submitted.  Upon further complaint, the judge will hold a hearing to determine if the dog is a nuisance.

Remedy, liability, or penalty

Upon a finding that the dog is a nuisance the court will issue an order directing that the animal be killed.

Remarks

North Dakota deals with dangerous dogs as a public nuisance.

Local government

Local county or municipal government

Citation

Ohio Revised Code, Title IX, Sec. 955.28

Definition

See highlights

Highlights

A dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury. 

Remedy, liability, or penalty

A person who keeps, owns, or harbors a dog is liable for any damage caused to persons or property, with a few statutory exceptions.

Remarks

Local government

Local county or municipal government

Citation

Oklahoma Statutes Title 4, Secs. 41 – 47

Definition

"Potentially dangerous dog" means any dog that when unprovoked inflicts bites on a human either on public or private property, or when unprovoked attacks a dog which results in the death of said dog either on public or private property.  "Dangerous dog" means any dog that  has inflicted severe injury on a human being without provocation on public or private property, has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks, or endangers the safety of humans, or has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter attacks a dog which results in the death of said dog either on public of private property.

Highlights

It is lawful lawful for a person to kill any animal of the family canidae or the family felidae found chasing livestock off the premises of the owner of such animal if the person is the owner or occupant of the property on which the animal is chasing the livestock or if the person is authorized to kill such an animal by the owner or occupant of such property.  In addition, an owner of a dangerous dog must keep the animal in an enclosure and allow it out only if it is leashed and muzzled.  The owner must post a $50,000 liability insurance policy.

Remedy, liability, or penalty

Failure to comply may result in confiscation and destruction of the animal and constitutes a misdemeanor punishable by up to one year imprisonment.

Remarks

Local government

Local county or municipal government

Citation

Oregon Revised Statutes Title 48, Secs 609.010 et seq.

Definition

Highlights

Oregon has devolved control control of dangerous animals entirely to county governments but under an elaborate enforcement and hearing procedure in Title 48 of its statutes.  In Title 48 is a series of provisions prohibiting the keeping of exotic pets.  Black bears and Wolves seem to be permitted, although, thankfully, crocodiles are prohibited.

Remedy, liability, or penalty

In the case of issues with apparently vicious or dangerous animals, contact with the county animal control agency is recommended.

Remarks

Local government

Local county or municipal government

Citation

3 Penn. Cons. Statutes Sec. 2301

Definition

Highlights

The dangerous animals law deals with dogs.  Pennsylvania law requires that dogs found to be dangerous be licensed and tagged.  An enclosure must be provided, together with the posting of $50,000 of insurance or a surety bond and payment of an annual registration fee of a minimum of $500.  Dangerous dogs may only be outside their enclosure when leashed and muzzled. 

Remedy, liability, or penalty

Failure to comply with these requirements and other orders is punishable as a misdemeanor on the first offense.  On the second, the owner may be punished in addition with a $5000 fine, plus costs of prosecution and maintenance of the animal while it is in custody, and destruction of the animal.  Attacks causing severe injury or death may be punished as a misdemeanor of the first degree by the owner.

Remarks

Pennsylvania requires that all dog attacks be reported to the State dog warden.

Local government

Local county or municipal government

Citation

Rhode Island General Laws 4-13.1-1 et seq., 4-13.1-3,

Definition

"Vicious dog" means: any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals; any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Highlights

Rhode Island’s dangerous animals laws deal with dogs and exotic animals.  City councils may determine the method of registration and identification of dogs determined to be dangerous.  See section 4-13.1-3 for more details on these requirements. 

Remedy, liability, or penalty

An owner of a vicious dog is strictly liable for damages caused by an attack, regardless if the owner has abided by the control provisions of the statutes.  Violations of the statutes may be punished by fines.

Remarks

Local government

Local county or municipal government

Citation

South Carolina Code 47.3.10 et seq.

Definition

"Dangerous animal" means an animal of the canine or feline family: which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals; which makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being; which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

Highlights

Dangerous animals must be kept confined unless leashed and muzzled.  Ownership of animals kept for fighting is prohibited altogether. 

Remedy, liability, or penalty

Violations can result in the destruction of the animal and punishment of the owner by penalties ranging from several hundred dollars to thousands of dollars and up to three years imprisonment.

Remarks

Local government

Local county or municipal government

Citation

South Dakota Code Secs. 40-34-1 et seq., 21-10-5, 21-10-9

Definition

A vicious dog is: Any dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a human 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 approaches in apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.

Highlights

South Dakota deals with the ownership of vicious dogs as a public nuisance.

Remedy, liability, or penalty

As with any public nuisance, any person or entity affected by the nuisance may maintain a civil suit for damages and injunction.

Remarks

Local government

Local county or municipal government

Citation

Tennessee Statutes Secs. 70-4-401 - 417

Definition

The statutes list the animals deemed inherently dangerous, dividing them into several classes depending on the threat, or lack thereof, that they pose.  70-4-403

Highlights

Ownership, possession, transport, etc. of animals on the list is prohibited, except when accompanied by a permit and in compliance with the measures mandated to protect the public.

Remedy, liability, or penalty

Remedies for violation can range from seizure to misdemeanor prosecution.

Remarks

Local government

Local county or municipal government

Citation

Health and Safety, Title 10, Secs. 822.001 – 822.013

Definition

"Dangerous dog" means a dog that:  makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or  commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

Highlights

The owner of a dangerous dog has a responsibility to keep the animal in an enclosure or restrained.  Failure to do so may result in seizure of the animal and its destruction.

Remedy, liability, or penalty

Seizure and destruction of the animal after hearing or prosecution of the owner for criminal negligence in case the animal causes serious harm.

Remarks

Local government

Local county or municipal government

Citation

No Statute

Definition

n/a

Highlights

n/a

Remedy, liability, or penalty

n/a

Remarks

Utah has no statutes specifically dealing with dangerous or vicious animals.  See our materials on dog bites and contact local government for information on county or municipal ordinances dealing with the issue.  Note also that the keeping or harboring of dangerous animals may be subject to general principals of tort and nuisance law.

Local government

Local county or municipal government

Citation

Vermont Statutes Title 20, Chapter 193, Secs. 3541 et seq.

Definition

"Wolf-hybrid" means an animal which is the progeny or descendant of a domestic dog (Canis familiaris) and a wolf (Canis lupus or Canis rufus).  "Wolf-hybrid" also means an animal which is advertised, registered, licensed or otherwise described or represented as a wolf-hybrid by its owner or an animal which exhibits primary physical and behavioral wolf characteristics.

Highlights

Any person may kill a domestic pet or wolf hybrid found attacking a person or another animal when reasonably necessary.  Owners are liable for all damages caused by dangerous animals and may be fined by their local town councils as well.  Enforcement of this protection law is devolved to the individual municipalities.

Remedy, liability, or penalty

Remedies include fines, impoundment of the animal, or its destruction.

Remarks

Local government

Local county or municipal government

Citation

Virginia Code Sec. 32-6540

Definition

"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.  "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.

Highlights

Dangerous dogs must be securely enclosed and restrained and muzzled when not enclosed.  Such animals must also be registered.  The owner must post a $100,000 insurance policy or surety bond against possible damage or injury.

Remedy, liability, or penalty

Failure to comply can result in an escalating series of penalties from misdemeanors to felonies, and damages for harm caused by the animal.

Remarks

Local government

Local county or municipal government

Citation

Revised Code of Washington Sec. 16.08.070, 16.08.090, 16.30.005 et seq.

Definition

"Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.  "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.  Potentially dangerous wild or exotic animals are defined in the statutes included at 13.30.002 et seq.

Highlights

Dangerous dogs must be kept in an enclosure and may be let out only if restrained and muzzled.  Potentially dangerous dogs are left to regulation by municipalities.  No one may own, possess, keep, harbor, bring into the state, or have custody or control of a potentially dangerous wild animal, with a few exceptions for vets, scientific institutions, and the like. 

Remedy, liability, or penalty

Owner’s liability for damage to person or property of another is strict and unlimited.  Dangerous dogs may be confiscated and destroyed.  Violations of the wild animals law may be punished by civil penalties of from $200 to $2000 per animal, and confiscation of the animal.

Remarks

Washington’s dangerous animal laws deal with dogs with a special set of statutes, and other animals separately.

Local government

Local county or municipal government

Citation

West Virginia Code Chapter 19, Article 20, Secs. 19-20-9a, 19-20-20, 19-20-21

Definition

None

Highlights

No person may keep a dog that is known to the owner to be vicious, dangerous, or in the habit of biting other persons.  This is the case whether or not the animal is enclosed, leashed, or muzzled.  A vicious dog may be kept as personal protection upon registration and payment of a fee.

Remedy, liability, or penalty

Upon a finding that the dog is vicious, the court may order a humane officer to kill it.  Punishment is a misdemeanor.

Remarks

Local government

Local county or municipal government

Citation

None

Definition

n/a

Highlights

n/a

Remedy, liability, or penalty

n/a

Remarks

While Wisconsin has no statute specifically covering dangerous or vicious animals, this does not mean that the problem is not dealt with under other tort or nuisance theories, or that there is not significant local government regulation beyond the scope of this chart.

Local government

Local county or municipal government

Citation

Wyoming Statutes 11-35-105 et seq.

Definition

N/a

Highlights

Any legal person who owns a dog that is known to kill or injure livestock is obligated to kill the dog.

Remedy, liability, or penalty

The owner of an animal that kills or damages livestock is liable for the monetary loss caused by the animal.

Remarks

Wyoming dangerous animals statutes deal with dogs killing livestock.  Dogs posing a danger to humans and other animals may be dealt with under general tort and nuisance theories.

Local government

Local county or municipal government