dog breed restrictions by state

"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.". West's Ann. 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. Oklahoma Florida Arizona has just become the 20th state to completely do away with breed-specific legislation — laws that ban or otherwise regulate dogs by breed. Note: These aren’t necessarily bans against all forms of BDL. Delaware Code Title 16, § 3077F Sec. Learn more … California Pet Stores May Only Sell Rescues. 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. 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… Chapter 1. 16.) Under a newly signed law, those breed restrictive bans will end. (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. McKinney's Agriculture and Markets Law § 107. B. This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. This site is not a law firm and cannot offer legal advice. In Denver, dogs over six months old are required to be sterilized unless their owners buy a … 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. Vicious dogs shall not be classified in a manner that is specific as to breed. This means that a dog owner and/or keeper may be liable the first time a dog bites, regardless of the owner’s negligence. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. § 3.2-6540. (c): "No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed. 822.047. Control of dangerous dogs; penalties. 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. Ordinances inconsistent with this subdivision are void. 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. Texas 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, 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. Dog breeds are mostly affiliated with the states that they originated in. 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… 15.) 11-1005 related to the powers of the county board of supervisors. State Farm does not ask what breed of dog is owned when writing homeowner or renters insurance. 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. 767.14 Additional local restrictions authorized. 17.) Rhode Island 11-1005. 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. 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. BSL identifies a dog a… 6.) (5.) A couple states briefly mention "breed" without specific preemption language. 12.) (D) Animals. 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. 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. (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; Overview of States that Prohibit Breed-Specific Legislation by State Law. No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Powers and duties of board of supervisors A. ) Washington. Here are the 10 dog breeds most often on prohibited lists: Pit bull The usual targets of such laws are, of course, large and/or “fierce-looking” breeds such as pit bulls, Rottweilers, and German shepherds. Section 1.  Section 9-499.04, Arizona Revised Statutes  This bill amended A.R.S. 13.) (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. 21.) No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog. Each pet-friendly hotel offers a range of amenities designed to accommodate pet owners. The pertinent part of the legislation is included in this list as well as a link to the actual laws. 3. 22. If a building has dog breed restrictions, the animal can'… The clear trend, however, is to uphold laws that impose special restrictions on certain breeds or ban them outright. . Cal. 18-2-1. (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. 8. Prohibition of breed specific regulation. 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. 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 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. Arizona Illinois 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). SENATE BILL 1248: Section 1. 1.) . A. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to 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. (c) Local ordinances. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. The website reports that 81% of dog attacks are on children. Code 1976 § 47-3-710. 24. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. Municipalities. Thirteen states of the United States have designated an official state dog 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. As for cities and counties within Minnesota, you’ll need to check with their laws (and bylaws). 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." 31683. (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 . . 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. . (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. 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 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. Thus, State Farm does not exclude insuring households solely based on breed. (2) are more stringent than restrictions provided by this subchapter. 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). 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. Maryland was the first state to name a dog breed as a state symbol, naming the Chesapeake Bay Retriever in 1964. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. (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; (d) Insurance coverage discrimination. [emphasis added]. There are approximately 89.7 million pet dogs in the country. . Va. Code Ann. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. 4.) (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. Several states including California, have breed specific laws regarding dogs. 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. Summary: This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. Utah Food & Agric. . One grey area that regularly presents itself is the issue of mixed 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. SENATE BILL 1248: 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. The use of such lists is not acceptable everywhere. 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. 3.) Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. (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. It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. 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. Code § 31683. (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: (c) Local ordinances.--Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). They're more likely to attack a person, another dog or destroy property. These restrictions are enforced to protect people from the potential risk of dog attacks and property damage caused by dogs. A.  Each county board of supervisors may: A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; . 5.) 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. Minnesota Regulation of dogs by a municipality. HEALTH AND SAFETY CODE SECTION 122330-122331. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. 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 . A provision is included in the dangerous dog laws, but it appears very limited: (3) . Delaware “Pit bull-type dogs and Rottweilers were involved … 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. (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. However, they may not cover you if your dog has a history of aggression. 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. 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. Dog bites and insurance. EverQuote analyzed lists of prohibited dogs from state insurance filings to find the most-banned breeds. Table of Contents 7.) 11.) Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. 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. V. T. C. A., Health & Safety Code § 822.047. 18.) Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. All Rights Reserved. 3. Prohibits finding a dog dangerous or vicious solely based on breed. Cal. If you’re among these numerous pet lovers, it’s important to make sure you and your pet are provided for in unexpected situations. In the U.S., the states of Michigan and Pennsylvania have restricted the use of dog-breed profiling by insurance companies. 19.) New Jersey 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. 2.) Health & Safety Code § 122330. According to State Farm insurance company, almost 5 million people are bitten or attacked by dogs each year. — 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. 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  . 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 14.) 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 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. 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. Restrictions and Mixed-Breed Dogs. 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. § 4-13-43. Community Cats Program Handbook: Administration, Community Cats Program Handbook: Operations, Why Breed-Specific Legislation Is Ineffective, States Discriminating Against Dogfighting Victims, Pet-Friendly Landlords Increase Profitability, Dog Breed-Neutral Laws for Safe Communities. Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. 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. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. Virginia. On May 19, 2016, Governor Ducey signed SB 1248 into law. Breeds in this category are usually considered rambunctious and hard to manage, in addition to being dangerous. 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. Colorado Pennsylvania Local governing bodies cannot prohibit the ownership of a particular dog breed. (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. Ordinances inconsistent with this subdivision are void. Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or … Learn More. As used in this section, "dangerous dog" means: 1. California "All dogs can be 'great dogs,' regardless of breed, if they are properly cared for, loved and trained," stated Agent Rob Bills. § 3.2-6540. Vicious dogs shall not be classified in a manner that is specific as to breed. Below is the official change in the code: 3. 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 county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements are not breed specific. 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. 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. 5. § 24. 10-8-65.Dogs -- License and tax -- Destruction, sale, or other disposal. Allstate, Amica, Farmers, Geico, Progressive, and State Farm do not have any specific breed restrictions. 9.) (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 Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. 10.) 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. In addition to state laws, some cities have their own rules and regulations. 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." 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. Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. Many insurers ban any dog that has been "aggressive" or has a history of biting. Section 157. No dog shall be deemed “vicious” if it is a professionally trained dog for law enforcement or guard duties. Massachusetts (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 There is a similar law under the chapter on Regulation of Vicious Dogs (4-13.1-16). This section shall not apply to any local ordinance adopted prior to October 1, 1990. 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. We looked at filings made by the 50 largest home insurance companies. General Provisions. ©2019 Best Friends Animal Society. 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. 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. 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. West's Ann. 20.) Each county board of supervisors may: 3. Legal Challenges to Breed-Specific Laws. 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. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. (C) An animal is not a "dangerous animal" solely by virtue of its breed or species. Check directly with the individual properties to find out the pet fee, weight and breed restrictions. B. LOCAL REGULATION OF DANGEROUS DOGS. At the end of 2018, California officially tightened up … 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. 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. Part I, Title XX, Chapter 140, Section 157. 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. 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). South Dakota . Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. No force and effect pet owners from enforcing penalties for violation of such lists is a... 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