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. There are approximately 89.7 million pet dogs in the country. (D) Animals. Ordinances inconsistent with this subdivision are void. Below is the official change in the code: 3. Delaware Dog breeds are mostly affiliated with the states that they originated in. According to our dog bite attorneys, in the past 12 years, there have been 392 Americans who have been killed by dogs. As for cities and counties within Minnesota, you’ll need to check with their laws (and bylaws). 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. Maine (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; [emphasis added]. 31683. Top 10 banned dog breeds. The state of Pennsylvania specifically forbids dog breed restrictions in providing homeowner insurance. 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 5.) 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. 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. 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. . § 3.2-6540. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local 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. SENATE BILL 1248: (c) Local ordinances. 767.14 Additional local restrictions authorized. State Farm determines risk based on a dog's bite history rather than breed. Learn More. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect. 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. Learn more … (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. Code § 31683. Under a newly signed law, those breed restrictive bans will end. The use of such lists is not acceptable everywhere. West's Ann. EverQuote analyzed lists of prohibited dogs from state insurance filings to find the most-banned breeds. Vicious dogs shall not be classified in a manner that is specific as to breed. . 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… A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. West's Ann. B. As used in this section, "dangerous dog" means: 1. (5.) They're more likely to attack a person, another dog or destroy property. 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. V. T. C. A., Health & Safety Code § 822.047. (1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs. Sec. In addition to state laws, some cities have their own rules and regulations. 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. 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. New York 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… Code 1976 § 47-3-710. This site is not a law firm and cannot offer legal advice. Delaware Code Title 16, § 3077F LOCAL REGULATION OF DANGEROUS DOGS. 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. 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. (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. 18.) 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. 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. 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. Each county board of supervisors may: 3. 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. 8.) No liability policy or surety bond issued pursuant to this act or any other act may prohibit coverage from any specific breed of dog. Rhode Island 15.) Texas 2.) Virginia 5. This means that a dog owner and/or keeper may be liable the first time a dog bites, regardless of the owner’s negligence. Va. Code Ann. This bill amended A.R.S. In the U.S., the states of Michigan and Pennsylvania have restricted the use of dog-breed profiling by insurance companies. 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). 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. 7.) 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 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. Pennsylvania followed the year after, naming the Great Dane as its official breed. California 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. . (c) Local ordinances.--Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. 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. 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. These restrictions are enforced to protect people from the potential risk of dog attacks and property damage caused by dogs. Overview of States that Prohibit Breed-Specific Legislation by State Law. 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. 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). Legal Challenges to Breed-Specific Laws. Breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or … The clear trend, however, is to uphold laws that impose special restrictions on certain breeds or ban them outright. 9.) Several states including California, have breed specific laws regarding dogs. 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 . Ohio breed-specific laws :: Ohio cities and counties with breed-specific laws. Nevada However, they may not cover you if your dog has a history of aggression. Health & Safety Code § 122330. Each pet-friendly hotel offers a range of amenities designed to accommodate pet owners. McKinney's Agriculture and Markets Law § 107. Prohibition of breed specific regulation. 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. § 4-13-43. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). 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. 8. 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. Prohibits finding a dog dangerous or vicious solely based on breed. Thirteen states of the United States have designated an official state dog breed. Florida A local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog. § 24. Arizona’s governor Doug Ducey signed Senate Bill 1248 into law on Friday last week. 11-1005 related to the powers of the county board of supervisors. 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. (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: Here are the 10 dog breeds most often on prohibited lists: Pit bull 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. (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 . 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. Under current law, cities in Washington state are allowed to prohibit residents from keeping certain breeds of dogs within the city limits. . Those provisions of local ordinances relating to dangerous dogs are hereby abrogated. (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. Summary: This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. § 3.2-6540. 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." Oklahoma 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. 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. 1.) 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.  Each county board of supervisors may: Thus, State Farm does not exclude insuring households solely based on 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. 14.) Potentially dangerous or dangerous dogs may be regulated through local, municipal and county authorities, provided the regulations are not breed specific. 3. (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 Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. 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. . South Dakota According to the website DogsBite.org, there are approximately 1,000 people in the United States that suffer from dog bites, per day. Pennsylvania A county or municipality may place additional requirements or restrictions on dangerous dogs if the requirements are not breed specific. 3.) Section 157. 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. Local governing bodies cannot prohibit the ownership of a particular dog breed. According to State Farm insurance company, almost 5 million people are bitten or attacked by dogs each year. 4.) 16.) 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). (C) An animal is not a “dangerous animal” solely by virtue of its breed or species. 3. (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 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. . State Farm does not ask what breed of dog is owned when writing homeowner or renters insurance. “Pit bull-type dogs and Rottweilers were involved … Chapter 1. Illinois 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. "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.". Massachusetts Food & Agric. (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. 24. South Carolina (2) are more stringent than restrictions provided by this subchapter. 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. Some landlords have more power based on the specific city which can grant more authority to the landlord in these matters. 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. At the end of 2018, California officially tightened up … SENATE BILL 1248: Section 1. 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. Connecticut 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. The usual targets of such laws are, of course, large and/or “fierce-looking” breeds such as pit bulls, Rottweilers, and German shepherds. Rhode Island Gen. Laws, 1956, § 4-13-1 seems to imply that Bristol County may regulate by breed in subsection (2)(ii). It also states that only about 9 percent of all dog breeds that exist today are responsible for the majority of attacks. Breeds in this category are usually considered rambunctious and hard to manage, in addition to being dangerous. 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. Regulation of dogs by a municipality. This section shall not apply to any local ordinance adopted prior to October 1, 1990. (2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void. A provision is included in the dangerous dog laws, but it appears very limited: (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. On May 19, 2016, Governor Ducey signed SB 1248 into law. (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. 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. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as 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. If a building has dog breed restrictions, the animal can'… A. © 2020 Michigan State University College of Law. 10.) Arizona 22. All Rights Reserved. Control of dangerous dogs; penalties. 21.) 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 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. . Check directly with the individual properties to find out the pet fee, weight and breed restrictions. Following is a list of states that prohibit breed-discriminatory legislation, including the provision wording. Arizona has just become the 20th state to completely do away with breed-specific legislation — laws that ban or otherwise regulate dogs by breed. Minnesota California Pet Stores May Only Sell Rescues. 18-2-1. Nothing in this act shall prohibit such local governments from enforcing penalties for violation of such local laws. 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. (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; 3.  A dog may not be found dangerous or vicious: (a) Based solely on the breed of the dog; or. A couple states briefly mention "breed" without specific preemption language. Allstate, Amica, Farmers, Geico, Progressive, and State Farm do not have any specific breed restrictions. We looked at filings made by the 50 largest home insurance companies. 13.) General Provisions. 11-1005. — 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. Not offer legal advice any local ordinance adopted prior to October 1, 1990 ordinances, or! Are responsible for the majority of attacks penalties for violation of such local governments from penalties... Coverage from any specific breed of the dog ; or dog attacks are on children on a dog may be... Have restricted the use of dog-breed profiling by insurance companies to check with their laws and... Certain breeds or ban them outright without specific preemption language to the American pet organization. Dog has a history of biting a law firm and can not or. 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