FAQs About Dangerous Dog Laws
Filed under Dangerous Dogs, FAQs - Dog Bite Lawsuits, PA Dog Laws & Statutes on January 19, 2011What is the legal definition of a dangerous dog?
A dog can be legally classified as dangerous or vicious based upon its behavior or risk of behavior, its breed, or the actions of its owner.
This classification may be assigned after an official hearing has taken place in the jurisdiction where the dog owner resides. However, some jurisdictions allow the classification of a dog as being dangerous or vicious before a formal hearing.
All owners of dogs that have been legally classified or identified as being a dangerous or vicious dog must adhere to strict laws governing the confinement and handling of their dogs. This may include requiring the dog to wear a certain type of muzzle in all public places; additional registration fees and requirements; carrying a certain amount of insurance on the dog’s behavior; spaying or neutering the dog; and other requirements as set forth in local ordinances. Failure to comply with dangerous dogs laws can result in the dog’s owner being fined, criminally prosecuted and jailed, and the dog being destroyed.
This type of law is referred to generically as the “dangerous dog law,” and usually is found in the municipal or county code, but often is part of the state code. Additionally, there may be state court decisions that have become part of the “dangerous dog law.” Furthermore, the regulations of the local authorities, such as the city’s animal control department, are an essential ingredient to the dangerous dog law, even though they technically may not be part of the law itself.
Is there a legal difference between a vicious dog and a dangerous dog?
The law often makes a distinction between the words “dangerous” and “vicious,” but some states, including New Jersey, combine the terms.
Generally, a vicious dog is one that exhibits tenancies towards aggression, or that has already attacked or bitten another animal or human. Dog breeds are not typically universally considered vicious by legal definition (but certain dog breeds may be considered universally dangerous). However, individual dogs, based on their own unique behavior, may be considered vicious according to the law.
For example, In 2001, when two presa canario dogs (considered to be one of the most dangerous dog breeds in the world) attacked and killed a San Francisco woman, the owner was charged with murder.
In May 2007, the California Supreme Court upheld the murder conviction and the owner was given the maximum sentence; 15 years in prison.
How does Pennsylvania law define a dangerous dog?
Pennsylvania law defines a dangerous dog as one that has “attacked, inflicted severe injury to, or killed a human being or a domestic animal without provocation while off an owner’s property. A dog is also considered dangerous if it was involved in committing a crime.”
If a dog has been officially declared dangerous by a magisterial district justice, the owner of the dog must comply with certain requirements and responsibilities. Failure to meet these owner obligations can result in fines and criminal prosecution of the dangerous dog bites or attacks another animal or a human.
How does New Jersey law define a dangerous dog?
The New Jersey Vicious and Dangerous Dog Act defines any dog with a history of aggressive behavior as a vicious dog. Owners of vicious and dangerous dogs have certain additional legal responsibilities for owning and keeping a dangerous dog.
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Related Articles
All Pennsylvania Dangerous Dog Statutes
§ 459-502-A. Court proceedings, certificate of registration and disposition
Summary: Statutes that allow the State dog warden or the local police officer to file a complaint before a magisterial district judge, charging an owner or keeper of a dog with harboring a dangerous dog. Includes the conditions for finding a dog owner guilty of harboring a dangerous dog and the resulting action of declaring a dog vicious, thereby making the dog owner subject to compliance with additional Pennsylvania dangerous dog laws. Download .pdf | .doc Version
Summary: Details the legal requirements for owners of dangerous dogs including registration, fees, insurance, notices, and other legal responsibilities. Download .pdf | .doc Version
