This site is not a law firm and cannot offer legal advice. Restrictions and Mixed-Breed Dogs. Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed. Regulation of dogs by a municipality. . Owners whose dogs successfully complete the American Kennel Club's Canine Good Citizen program will be exempt from breed bans in Washington state starting in 2020. No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs. Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed. Sec. Under a newly signed law, those breed restrictive bans will end. There are approximately 89.7 million pet dogs in the country. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs. (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the city or town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances: Subd. Code 1976 § 47-3-710. 12.) © 2020 Michigan State University College of Law. The provisions of this act shall supersede any law, ordinance, or regulation concerning vicious or potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with this act enacted by any municipality, county, or county or local board of health. 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. Prohibition of breed specific regulation. A couple states briefly mention "breed" without specific preemption language. Utah The website reports that 81% of dog attacks are on children. One grey area that regularly presents itself is the issue of mixed breeds. As used in this section, "dangerous dog" means: 1. "The municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog’s breed or perceived breed.". It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. (5.) 3.) 6.) 20.) C. No canine or canine crossbreed shall be found to be a vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. Several states including California, have breed specific laws regarding dogs. Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed. . Thirteen states of the United States have designated an official state dog breed. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. State Farm determines risk based on a dog's bite history rather than breed. While this could include a wider array of animals, the definition section of that act limits "dangerous animal" to "an animal of the canine or feline family." These laws primarily target pit bulls and various breeds that are included in the pit bull line and mixed breed dogs with pit bull blood. However, they may not cover you if your dog has a history of aggression. Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. 10-8-65.Dogs -- License and tax -- Destruction, sale, or other disposal. (D) (i) Regulate and prohibit the going at large of dogs and other animals in the streets and public places of the municipality and prevent cruelty to animals and all inhuman sports, except that no municipality shall adopt breed-specific dog ordinances; Delaware Code Title 11, § 1327 The laws are divided into two general categories: (1) states that prohibit breed-specific legislation (BSL) in all animal regulation (9 states); and (2) states that only prohibit BSL in dangerous/vicious dog laws (15 states). In some areas, regulated breeds also include a variety of other dogs like American Bulldogs, Rottweilers, Mastiffs, Dalmatians, Chow Chows, German Shepherds, Doberman Pinschers or any mix of these breeds—and dogs who simply resemble thes… Table of Contents The provisions of this act shall supersede any law, ordinance, or regulation concerning vicious or potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with this act enacted by any municipality, county, or county or local board of health. Nevada 1.) South Dakota Statutes and Ordinances Breed Specific Legislation (BSL) is defined as a law or statute that equates the qualities of a dangerous dog with a certain breed, and bans or restricts certain breeds based on identity, not behavior of a specific animal. 5. This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. Learn more … . Maryland was the first state to name a dog breed as a state symbol, naming the Chesapeake Bay Retriever in 1964. . If you're looking to rent an apartment and are a dog owner, make sure you understand breed restrictions before you submit your application and fee. § 3.2-6540. Municipalities. Top 10 banned dog breeds. According to statistics complied from Dogbites.org, a dog bite victim advocacy organization that supports breed restrictions, the most dangerous dogs are pit bulls and Rottweilers, as well as other fighting dog breeds. In addition to state laws, some cities have their own rules and regulations. Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. State Farm does not ask what breed of dog is owned when writing homeowner or renters insurance. . (5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate dangerous dogs in a manner that is specific to breed. — Nothing in this act shall limit any local government from placing further restrictions or additional requirements on owners of dangerous dogs or developing procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. Below is the official change in the code: 3. ©2019 Best Friends Animal Society. Cal. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal that is a dog or cat or killed a companion animal that is a dog or cat. New Jersey SENATE BILL 1248: Section 1. B. On May 19, 2016, Governor Ducey signed SB 1248 into law. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. Dog breeds are mostly affiliated with the states that they originated in. “Pit bull-type dogs and Rottweilers were involved … California also prohibits BSL in the state's dangerous dog law: Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed. 19.) . Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Cal. Notwithstanding the provisions of subdivision one of this section, this subdivision and sections one hundred twenty-three, one hundred twenty-three-a and one hundred twenty-three-b of this article shall apply to all municipalities including cities of two million or more. We looked at filings made by the 50 largest home insurance companies. Learn More. West's Ann. 24. (d) Dogs that fail the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest within a reasonable period of time, as determined by the city or county. Section 2, (b): "(b) No dog may be declared potentially dangerous based solely on the dog’s breed or perceived breed", Delaware Code Title 22, § 116 No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. 18-2-1. Insurance companies have been wary of certain breeds since at least 2000, when the American Veterinary Medical Association released a study of fatal dog attacks by breed between 1979 and 1998. The use of such lists is not acceptable everywhere. If you’re among these numerous pet lovers, it’s important to make sure you and your pet are provided for in unexpected situations. . Section 157. As for cities and counties within Minnesota, you’ll need to check with their laws (and bylaws). A.  Each county board of supervisors may: The resulting legal issues can cost insurance companies a lot of money, and, for this reason, many insurance companies refuse to insure apartment buildings unless dog breed restrictions are in place. [emphasis added]. Illinois C.  A city or town may regulate the control of dogs if the regulation is not specific to any breed.11-1005.  Powers and duties of board of supervisors V. T. C. A., Health & Safety Code § 822.047. Each pet-friendly hotel offers a range of amenities designed to accommodate pet owners. (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. A. Ordinances inconsistent with this subdivision are void. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). Section 1.  Section 9-499.04, Arizona Revised Statutes  Sec. Here are the 10 dog breeds most often on prohibited lists: Pit bull Pennsylvania LOCAL REGULATION OF DANGEROUS DOGS. Each county board of supervisors may: 3. Breeds in this category are usually considered rambunctious and hard to manage, in addition to being dangerous. Control of dangerous dogs; penalties. Code § 31683. In Michigan, the state Office of Financial and Insurance Services has interpreted their state laws relating to homeowners insurance to prevent restrictions or coverage denials based on breed restrictions. A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; . (c): "No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed. There is a very general in legislative declaration in spay neuter laws: (b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet overpopulation and lack of regulation of animal breeding practices necessitates a repeal of the ban on breed-specific solutions and a more immediate alternative to existing laws. According to the website DogsBite.org, there are approximately 1,000 people in the United States that suffer from dog bites, per day. C. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation, policy or ordinance is specific to breed. A provision is included in the dangerous dog laws, but it appears very limited: (3) . Overview of States that Prohibit Breed-Specific Legislation by State Law. (d) Insurance coverage discrimination. (2) are more stringent than restrictions provided by this subchapter. General Provisions. New York No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog. In Denver, dogs over six months old are required to be sterilized unless their owners buy a … South Carolina has an even broader law that says, "[a]n animal is not a 'dangerous animal' solely by virtue of its breed or species." 8. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Many insurers ban any dog that has been "aggressive" or has a history of biting. 17.) Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, including the establishment of fees necessary and appropriate to finance the cost of animal control services, except that municipalities may not adopt breed-specific ordinances, laws or regulations. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Local ordinances. Texas Notwithstanding the provisions of subdivision one of this section, this subdivision and sections one hundred twenty-three, one hundred twenty-three-a and one hundred twenty-three-b of this article shall apply to all municipalities including cities of two million or more. Vicious dogs shall not be classified in a manner that is specific as to breed. § 3.2-6540. This bill amended A.R.S. (1) A city or county may not prohibit the possession of a dog based upon its breed, impose requirements specific to possession of a dog based upon its breed, or declare a dog dangerous or potentially dangerous based on its breed unless all of the following conditions are met: 14.) Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. (C) An animal is not a "dangerous animal" solely by virtue of its breed or species. The municipal governments shall enact no law, ordinance, or regulation relating to dogs, or restrictions on dogs, based on a dog's breed or perceived breed. No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter. The number of dog bite claims nationwide rose to 17,802 in 2019 from 17,297 in 2018 according to an analysis of homeowners insurance data by the Insurance Information Institute. Section 9-499.04, Arizona Revised Statutes C. A city or town may regulate the control of dogs if the regulation is not specific to any breed. (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. Minnesota § 24. No city or town may enact any rule, regulation or ordinance specific to any breed of dog or cat in the exercise of its power to further control and regulate dogs, cats or other animals as authorized by this chapter. Local governing bodies cannot prohibit the ownership of a particular dog breed. While there is no federal law that prohibits anyone from owning any type of breed, Minnesota does have laws against the breed of dog you can own. Connecticut (1) A city or county may not prohibit the possession of a dog based upon its breed, impose requirements specific to possession of a dog based upon its breed, or declare a dog dangerous or potentially dangerous based on its breed unless all of the following conditions are met . Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed. ) Washington. 822.047. (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the city or town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog’s reaction was not grossly disproportionate to any of the following circumstances: A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. HEALTH AND SAFETY CODE SECTION 122330-122331. § 4-13-43. Colorado You might be rolling your eyes at the thought of your sweet Fluffy being considered “dangerous," but this classification system is primarily why certain states and communities impose restrictions. (c) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest to maintain their exemption from breed-based regulations; and South Carolina Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or … According to the American Pet Products organization, 60.2 million U.S. households have a pet dog.Many of these have more than one pet. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. (c) Local ordinances.--Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. This section shall not apply to any local ordinance adopted prior to October 1, 1990. Under the amendments, each county board may "[c]ontract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to breed." 2.) In the U.S., the states of Michigan and Pennsylvania have restricted the use of dog-breed profiling by insurance companies. Rhode Island The usual targets of such laws are, of course, large and/or “fierce-looking” breeds such as pit bulls, Rottweilers, and German shepherds. 16.) (i) Regulate and prohibit the going at large of dogs and other animals in the streets and public places of the municipality and prevent cruelty to animals and all inhuman sports, except that no municipality shall adopt breed-specific dog ordinances; Title 22. A further distinction has to be made in the application of some of these laws in the dangerous dog category. Allstate, Amica, Farmers, Geico, Progressive, and State Farm do not have any specific breed restrictions. "All dogs can be 'great dogs,' regardless of breed, if they are properly cared for, loved and trained," stated Agent Rob Bills. Prohibits finding a dog dangerous or vicious solely based on breed. Some laws state that municipalities may not regulate dangerous dogs based solely on breed while other laws simply say that breed cannot be used to prove a dangerous dog declaration. According to State Farm insurance company, almost 5 million people are bitten or attacked by dogs each year. 13.) 8.) 25 This type of legislation does not make concessions for those members of the breed who are valuable assets to their communities, such as therapy dogs, assistance dogs, or advanced trained dogs such as drug dogs and search and rescue dogs. Ohio breed-specific laws :: Ohio cities and counties with breed-specific laws. Virginia Delaware Note: These aren’t necessarily bans against all forms of BDL. D. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. 10.) All Rights Reserved. . California If a building has dog breed restrictions, the animal can'… Regardless of the breed of your dog, the state of Washington imposes strict liability laws (RCW 16.08.010 and 16.08.040) for dog bites to both humans and other animals. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements are not breed specific. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. BSL identifies a dog a… 11-1005 related to the powers of the county board of supervisors. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. 15.) McKinney's Agriculture and Markets Law § 107. 3. 3. Best Friends Animal Society, a 501(c)(3) nonprofit organization, operates the nation's largest sanctuary for homeless animals; provides adoption, spay/neuter, and educational programs. Vicious dogs shall not be classified in a manner that is specific as to breed. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific to any breed. 21.) Pennsylvania followed the year after, naming the Great Dane as its official breed. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. The clear trend, however, is to uphold laws that impose special restrictions on certain breeds or ban them outright. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog. The pertinent part of the legislation is included in this list as well as a link to the actual laws. The laws are divided into two general categories: (1) states that prohibit breed-specific legislation (BSL) in all animal regulation (9 states); and (2) states that only prohibit BSL in dangerous/vicious dog laws (15 states). According to our dog bite attorneys, in the past 12 years, there have been 392 Americans who have been killed by dogs. Powers and duties of board of supervisors A. Legal Challenges to Breed-Specific Laws. Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, except that municipalities may not adopt breed-specific ordinances, laws or regulations. The following phrase was added to the state's dangerous animal law in 2017: (c) No dog shall be considered dangerous or potentially dangerous solely because of the dog's breed or perceived breed. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. 31683. Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. Arizona No animal shall be found to be a dangerous dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. Part I, Title XX, Chapter 140, Section 157. 5.) (D) Animals. Health & Safety Code § 122330. EverQuote analyzed lists of prohibited dogs from state insurance filings to find the most-banned breeds. Va. Code Ann. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. No dog shall be deemed “vicious” if it is a professionally trained dog for law enforcement or guard duties. These restrictions are enforced to protect people from the potential risk of dog attacks and property damage caused by dogs. Arizona has just become the 20th state to completely do away with breed-specific legislation — laws that ban or otherwise regulate dogs by breed. A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements or restrictions: (1) are not specific to one breed or several breeds of dogs; and. Florida No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog. Preemption language this subchapter were involved … under a newly signed law, breed! Any local ordinance otherwise dealing with dogs may not be found dangerous or vicious solely based on dog. The majority of attacks under a newly signed law, those breed restrictive bans end. 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