Outline • Update justification for the section • Update definition of serious injury • Change Vicious to Dangerous • Create Tiers tied to the actions of the dog • Create restrictions that vary by tiers • Allow ACO’s to make determinations • Repurpose hearings for appeals and euthanasia decisions
Current Recommended § 4-13.1-1. Declaration of purpose. § 4-13.1-1. Declaration of purpose. (a) It is declared that vicious dogs have become a serious and (a) It is declared that dangerous dogs can present a serious and widespread threat to the safety and welfare of citizens of the state, in widespread threat to the safety and welfare of citizens of the state, in that vicious dogs have in recent years assaulted without provocation that dangerous dogs have in recent years assaulted without and seriously injured numerous individuals, particularly children, and provocation numerous individuals and other domestic animals. Many have killed numerous dogs. Many of these attacks have occurred in of these attacks have occurred in public places. public places. (b) The number and severity of these attacks are also attributable to (b) The number and severity of these attacks are also attributable to the failure of owners to register, confine, and properly control the failure of owners to register, confine, and properly control vicious dangerous dogs. dogs. (c) It is further declared that the necessity for the regulation and (c) It is further declared that the necessity for the regulation and control of dangerous dogs is a statewide problem, requiring control of vicious dogs is a statewide problem, requiring statewide statewide regulation, and that existing laws are inadequate to deal regulation, and that existing laws are inadequate to deal with the with the threat to public health and safety posed by dangerous dogs. threat to public health and safety posed by vicious dogs. (d) It is further declared that because of the danger posed to the (d) It is further declared that the owning, keeping or harboring of public, health, safety and welfare by dangerous dogs, this chapter vicious dogs is a nuisance. constitutes an emergency measure providing for the immediate (e) It is further declared that because of the danger posed to the preservation of the public health, safety and welfare. public, health, safety and welfare by vicious dogs, this chapter constitutes an emergency measure providing for the immediate History of Section. preservation of the public health, safety and welfare. (P.L. 1985, ch. 400, § 1.) History of Section. (P.L. 1985, ch. 400, § 1.)
Current Recommended § 4-13.1-2. Definitions. § 4-13.1-2. Definitions. As used in §§ 4-13.1-1 – 4-13.1-14, the following words and terms As used in §§ 4-13.1-1 – 4-13.1-14, the following words and terms shall have the following meanings, unless the context indicates shall have the following meanings, unless the context indicates another or different meaning or intent: another or different meaning or intent: (1) "Dog officer" means any person defined by the provisions of (1) “Authorized entity” means any entity authorized by the provisions chapter 19 of this title. of this chapter to declare a dog is dangerous. (2) "Domestic animals" means animals that, through extremely long (2) "Dog officer" or "animal-control officer" means any person association with humans, have been bred to a degree that has employed, contracted, or appointed by the state, or any political resulted in genetic changes affecting the temperament, color, subdivision of the state, for the purpose of aiding in the enforcement conformation, or other attributes of the species to an extent that of this chapter or any other law or ordinance relating to the licensing makes them unique and distinguishable from wild individuals of their of dogs, cats, or other animals; the control of dogs, cats, or other species. Such animals may include, but are not limited to: animals; or the seizure and impoundment of dogs, cats, or other (i) Domestic dog (Canis familiaris); animals and includes any state or municipal peace officer, animal- (ii) Domestic cat (Felis catus); control officer, sheriff, constable, or other employee whose duties, in (iii) Domestic horse (Equus caballus); whole or in part, include assignments that involve the seizure or (iv) Domestic ass, burro, and donkey (Equus asinus); taking into custody of any dog, cat, or other animal. (v) Domestic cattle (Bos taurus and Bos indicus); (3) "Domestic mammals" means mammals that, through extremely (vi) Domestic sheep (Ovi aries); long association with humans, have been bred to a degree that has (vii) Domestic goat (Capra hircus); resulted in genetic changes affecting the temperament, color, (viii) Domestic swine (Sus scrofa domestica); conformation, or other attributes of the species to an extent that (ix) Llama (lama alama); makes them unique and distinguishable from wild individuals of their (x) Alpaca (lama pacos); species. (xi) Camels (Camelus bactrianus and Camel dromedarius); (4) “Domestic poultry” means species of birds that are commonly (xii) Domestic races of European rabbit (Oryctolagus cuniculus); raised in captivity for the production of meat or eggs. (xiii) Domestic races of chickens (Callus gallus); (5) "Enclosed area" means an area that has been inspected and (xiv) Domestic races of duck and geese (Anatidae) morphologically approved by the Animal Control Officer or Police Department for the distinguishable from wild birds; purpose of housing a dog that is determined to be dangerous. The (xv) Domestic races of guinea fowl (Numida meleagris); enclosed area must be surrounded by a physical barrier that will (xvi) Domestic races of peafowl (Pavo scristatus). prevent the dog from leaving the owner's property. (3) "Enclosed area" means an area surrounded by a fence that will (6) "Enclosure" means a fence or structure of at least six feet (6') in prevent the dog from leaving the owner's property. height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous dog in
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