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. The website reports that 81% of dog attacks are on children. 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." According to our dog bite attorneys, in the past 12 years, there have been 392 Americans who have been killed by dogs. . 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. Summary: This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. EverQuote analyzed lists of prohibited dogs from state insurance filings to find the most-banned breeds. (b) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are exempt from breed-based regulations for a period of at least two years; 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. Sec. Maryland was the first state to name a dog breed as a state symbol, naming the Chesapeake Bay Retriever in 1964. . 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. There is a similar law under the chapter on Regulation of Vicious Dogs (4-13.1-16). 9.) Illinois 8.) 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. 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. Under a newly signed law, those breed restrictive bans will end. Health & Safety Code § 122330. Note: These aren’t necessarily bans against all forms of BDL. (a) The city or county has established and maintains a reasonable process for exempting any dog from breed-based regulations or a breed ban if the dog passes the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test as determined by the city or county; The pertinent part of the legislation is included in this list as well as a link to the actual laws. Delaware (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. 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. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). Local governing bodies cannot prohibit the ownership of a particular dog breed. Va. Code Ann. B. Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. Thus, State Farm does not exclude insuring households solely based on breed. Part I, Title XX, Chapter 140, Section 157. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance 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. 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. Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. 11.) 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. Check directly with the individual properties to find out the pet fee, weight and breed restrictions. Cal. Maine 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. 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. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. 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 American Pet Products organization, 60.2 million U.S. households have a pet dog.Many of these have more than one pet. (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 . 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. Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds  . South Carolina According to the website DogsBite.org, there are approximately 1,000 people in the United States that suffer from dog bites, per day. 767.14 Additional local restrictions authorized. Breeds in this category are usually considered rambunctious and hard to manage, in addition to being dangerous. Virginia. A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; . Delaware Code Title 16, § 3077F New Jersey (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. “Pit bull-type dogs and Rottweilers were involved … (C) An animal is not a "dangerous animal" solely by virtue of its breed or species. Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. 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. 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. 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. SENATE BILL 1248: Section 1. 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. Learn more … (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. Top 10 banned dog breeds. Ordinances inconsistent with this subdivision are void. West's Ann. . A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements are not breed specific. — 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. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. V. T. C. A., Health & Safety Code § 822.047. 15.) 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. 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… . Food & Agric. No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. 10-8-65.Dogs -- License and tax -- Destruction, sale, or other disposal. Dog bites and insurance. A provision is included in the dangerous dog laws, but it appears very limited: (3) . New York 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. 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. 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 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. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. In addition to state laws, some cities have their own rules and regulations. 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. . © 2020 Michigan State University College of Law. 17.) Cal. In Denver, dogs over six months old are required to be sterilized unless their owners buy a … Here are the 10 dog breeds most often on prohibited lists: Pit bull 10.) 31683. 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 . According to State Farm insurance company, almost 5 million people are bitten or attacked by dogs each year. This bill amended A.R.S. LOCAL REGULATION OF DANGEROUS DOGS. . (5.) 3. In total, there are approximately 21 states with some sort of anti-BSL legislation (combining both (1) and (2) together, and not counting DE and IL twice because both have such laws). BSL identifies a dog a… 19.) (2) are more stringent than restrictions provided by this subchapter. These restrictions are enforced to protect people from the potential risk of dog attacks and property damage caused by dogs. 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. 24. 18-2-1. Code 1976 § 47-3-710. 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. Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. Allstate, Amica, Farmers, Geico, Progressive, and State Farm do not have any specific breed restrictions. Thirteen states of the United States have designated an official state dog breed. 22. 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. Prohibits finding a dog dangerous or vicious solely based on breed. 7.) 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). This section shall not apply to any local ordinance adopted prior to October 1, 1990. 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." 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. This section shall not apply to any local ordinance adopted prior to October 1, 1990. 5.) 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. (c) Local ordinances.--Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. B. (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. A. Restrictions and Mixed-Breed Dogs. West's Ann. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. If you’re among these numerous pet lovers, it’s important to make sure you and your pet are provided for in unexpected situations. (c) Local ordinances. 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. The laws of the state usually provide the means for a landlord to prohibit the access and ownership of the renter or tenant with certain breeds of dog, sizes or weights of dogs or even no dogs or pets at all on the property. 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. 16.) Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). Many insurers ban any dog that has been "aggressive" or has a history of biting. Section 157. 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. State Farm determines risk based on a dog's bite history rather than breed. All Rights Reserved. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. § 3.2-6540. Virginia 3.) Ohio breed-specific laws :: Ohio cities and counties with breed-specific laws. 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… § 3.2-6540. Utah California § 4-13-43. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. Regulated breeds typically comprise the “pit bull” class of dogs, including American Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Bull Terriers and English Bull Terriers. In the U.S., the states of Michigan and Pennsylvania have restricted the use of dog-breed profiling by insurance companies. Sec. (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. The usual targets of such laws are, of course, large and/or “fierce-looking” breeds such as pit bulls, Rottweilers, and German shepherds. Connecticut . Control of dangerous dogs; penalties. On May 19, 2016, Governor Ducey signed SB 1248 into law. HEALTH AND SAFETY CODE SECTION 122330-122331. Legal Challenges to Breed-Specific Laws. Chapter 1. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. "All dogs can be 'great dogs,' regardless of breed, if they are properly cared for, loved and trained," stated Agent Rob Bills. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. 11-1005 related to the powers of the county board of supervisors. (D) Animals. 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. 8. They're more likely to attack a person, another dog or destroy property. Each pet-friendly hotel offers a range of amenities designed to accommodate pet owners. (c): "No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed. 18.) Pennsylvania 3. Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. As for cities and counties within Minnesota, you’ll need to check with their laws (and bylaws). Overview of States that Prohibit Breed-Specific Legislation by State Law. A couple states briefly mention "breed" without specific preemption language. This means that a dog owner and/or keeper may be liable the first time a dog bites, regardless of the owner’s negligence. Pennsylvania followed the year after, naming the Great Dane as its official breed. Local ordinances. Regulation of dogs by a municipality. (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 Code § 31683. SENATE BILL 1248: 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. (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. Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or … 21.) General Provisions. . Colorado Rhode Island Municipalities. California Pet Stores May Only Sell Rescues. 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. . 6.) Subject to Section 18-2-1, a municipality may license, tax, regulate, or prohibit the keeping of dogs, and authorize the destruction, sale, or other disposal of the same when at large contrary to ordinance. Texas Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Massachusetts Each county board of supervisors may: 3. (d) Insurance coverage discrimination. No dog shall be deemed “vicious” if it is a professionally trained dog for law enforcement or guard duties. 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 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. 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. 20.) A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. Several states including California, have breed specific laws regarding dogs. A.  Each county board of supervisors may: 822.047. As used in this section, "dangerous dog" means: 1. 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." Section 1.  Section 9-499.04, Arizona Revised Statutes  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). If you can prevent your dog from hurting others either through obedience training or other methods, then you’ll have a much easier time getting homeowners insurance. 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. Minnesota 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. Ordinances inconsistent with this subdivision are void. 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. (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. 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. 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 Below is the official change in the code: 3. (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. Nevada . We looked at filings made by the 50 largest home insurance companies. 13.) 4.) One grey area that regularly presents itself is the issue of mixed breeds. Learn More. McKinney's Agriculture and Markets Law § 107. The use of such lists is not acceptable everywhere. Prohibition of breed specific regulation. "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.". 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. South Dakota Oklahoma 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. 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