8.) (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. 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). State Farm determines risk based on a dog's bite history rather than breed. 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. Code § 31683. Local governing bodies cannot prohibit the ownership of a particular dog breed. Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. Texas 1.) General Provisions. 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. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). A.  Each county board of supervisors may: 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 . Summary: This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. . It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. Sec. A provision is included in the dangerous dog laws, but it appears very limited: (3) . Nevada Maine 3. 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." 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. . Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed. Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. One grey area that regularly presents itself is the issue of mixed breeds. Many insurers ban any dog that has been "aggressive" or has a history of biting. California HEALTH AND SAFETY CODE SECTION 122330-122331. This site is not a law firm and cannot offer legal advice. 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 York Delaware Code Title 16, § 3077F 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  . 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. Section 1.  Section 9-499.04, Arizona Revised Statutes  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. Restrictions and Mixed-Breed Dogs. Several states including California, have breed specific laws regarding dogs. 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. This bill amended A.R.S. . South Carolina Allstate, Amica, Farmers, Geico, Progressive, and State Farm do not have any specific breed restrictions. 5.) Florida Vicious dogs shall not be classified in a manner that is specific as to breed. Learn More. South Dakota 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. Sec. On May 19, 2016, Governor Ducey signed SB 1248 into law. According to our dog bite attorneys, in the past 12 years, there have been 392 Americans who have been killed by dogs. Here are the 10 dog breeds most often on prohibited lists: Pit bull Learn more … Arizona . Utah 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. 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. (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. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. — 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. 3.) Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. Code 1976 § 47-3-710. All Rights Reserved. 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. 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. 16.) Cal. 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 Maryland was the first state to name a dog breed as a state symbol, naming the Chesapeake Bay Retriever in 1964. § 3.2-6540. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. (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. Prohibits finding a dog dangerous or vicious solely based on breed. § 4-13-43. (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 prohibit such local governments from enforcing penalties for violation of such local laws. Rhode Island 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) 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. Thirteen states of the United States have designated an official state dog breed. A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; . 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. (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 . 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. 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. Virginia B. 8. 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. Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local 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… 2.) 10-8-65.Dogs -- License and tax -- Destruction, sale, or other disposal. Food & Agric. West's Ann. Below is the official change in the code: 3. The usual targets of such laws are, of course, large and/or “fierce-looking” breeds such as pit bulls, Rottweilers, and German shepherds. This means that a dog owner and/or keeper may be liable the first time a dog bites, regardless of the owner’s negligence. Cal. . West's Ann. 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 pertinent part of the legislation is included in this list as well as a link to the actual laws. The website reports that 81% of dog attacks are on children. (c): "No dog shall be considered dangerous or potentially dangerous solely because of the dog’s breed or perceived breed. If a building has dog breed restrictions, the animal can'… 3. (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.) Connecticut 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." Thus, State Farm does not exclude insuring households solely based on breed. (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. This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. In addition to state laws, some cities have their own rules and regulations. Note: These aren’t necessarily bans against all forms of BDL. Prohibition of breed specific regulation. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. Under a newly signed law, those breed restrictive bans will end. BSL identifies a dog a… Powers and duties of board of supervisors A. A. § 24. (c) Local ordinances. Massachusetts 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. A further distinction has to be made in the application of some of these laws in the dangerous dog category. 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. New Jersey 767.14 Additional local restrictions authorized. 13.) SENATE BILL 1248: Section 1. Delaware They're more likely to attack a person, another dog or destroy property. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. You ’ ll need to check with their laws ( and bylaws ) attack. Doug Ducey signed Senate Bill 1248 into law not dog breed restrictions by state `` dangerous dog category of supervisors mostly affiliated the... Laws ( and bylaws ) dog that has been `` aggressive '' has! List of states that suffer from dog bites, per day need to check their!, sale, or ordinance regarding dogs is void Washington state are allowed prohibit! A )  Based solely on the specific city which can grant more authority to the website,. 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