{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-6540.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-6540.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-6540.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-6540.html"}],"law_id":86290,"edition_id":1,"section_id":86290,"structure_id":13171,"section_number":"3.2-6540","catch_line":"Dangerous dogs; investigation, summons, and hearing","history":"1993, c. 977, \u00a7 3.1-796.93:1; 1994, c. 115; 1997, cc. 582, 892; 1998, c. 817; 2000, cc. 11, 727; 2003, cc. 785, 841; 2006, cc. 837, 864, 898; 2008, cc. 360, 551, 691, 860; 2009, c. 377; 2012, cc. 107, 236; 2013, cc. 58, 732; 2017, c. 396; 2019, c. 190; 2021, Sp. Sess. I, c. 464; 2024, c. 145.","full_text":"A\n\nAs used in this section, &#8220;dog&#8221; includes a hybrid canine as defined in &#xA7; 3.2-6581.B\n\nAny law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue.C\n\nNo law-enforcement officer or animal control officer shall apply for a summons pursuant to subsection B if, upon investigation, the officer finds (i) in the case of an injury to a companion animal that is a dog or cat, that no serious injury has occurred as a result of the attack or bite, that both animals are owned by the same person, or that the incident originated on the property of the attacking or biting dog&#8217;s owner or (ii) in the case of an injury to a person, that the injury caused by the dog upon the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. In determining whether serious injury to a companion animal that is a dog or cat has occurred, the officer may consult with a licensed veterinarian.D\n\nA law-enforcement officer or animal control officer who applies for a summons pursuant to subsection B shall provide the owner with written notice of such application. For 30 days following such provision of written notice, the owner shall not dispose of the animal other than by surrender to the animal control officer or by euthanasia by a licensed veterinarian. Following such provision of written notice, an owner who elects to euthanize a dog that is the subject of a dangerous dog investigation shall provide documentation of such euthanasia to the animal control officer.E\n\nIf a law-enforcement officer successfully makes an application for the issuance of a summons pursuant to subsection B, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous.F\n\nFollowing the issuance of a summons following an application pursuant to subsection B, an animal control officer may confine the animal until the evidence is heard and a verdict rendered. If the animal control officer determines that the owner can confine the animal in a manner that protects the public safety, he may permit the owner to confine the animal until the evidence is heard and a verdict rendered. Upon being served with a summons for a dangerous dog, the owner shall not dispose of the animal, other than by euthanasia, until the case has been adjudicated. The court, through its contempt powers, may compel the owner of the animal to produce the animal and to provide documentation that it has been, or will be within three business days, implanted with electronic identification registered to the owner. The owner shall provide the registration information to the animal control officer.G\n\nNothing in this section shall prohibit an animal control officer or law-enforcement officer from securing a summons for a hearing to determine whether a dog that is surrendered but not euthanized is a dangerous dog.H\n\nUnless good cause is determined by the court, the evidentiary hearing pursuant to the dangerous dog summons shall be within 30 days or as soon as practicable from the issuance of the summons. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt. The court shall determine that the animal is a dangerous dog if the evidence shows that it (i) killed a companion animal that is a dog or cat or inflicted serious injury on a companion animal that is a dog or cat, including a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain or (ii) directly caused serious injury to a person, including laceration, broken bone, or substantial puncture of skin by teeth. Unless good cause is determined by the court, the appeal of a dangerous dog finding shall be heard within 30 days.I\n\nIf after hearing the evidence the court finds that the animal is a dangerous dog, the court:1\n\nShall order the animal&#8217;s owner to comply with the provisions of this section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6542, and 3.2-6542.1;2\n\nMay order the owner of the animal to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. Such order shall not preclude the injured person from pursuing civil remedies, including damages that accrue after the original finding that the animal is a dangerous dog; and3\n\nMay order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner.J\n\nIf after hearing the evidence the court decides to defer further proceedings without entering an adjudication that the animal is a dangerous dog, it may do so, notwithstanding any other provision of this section. A court that defers further proceedings shall place specific conditions upon the owner of the dog, including the requirement that the owner provide documentation that the dog has been, or will be within three business days, implanted with electronic identification registered to the owner. The registration information shall be provided to the animal control officer. If the owner violates any of the conditions, the court may enter an adjudication that the animal is a dangerous dog and proceed as otherwise provided in this section. Upon fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner without an adjudication that the animal is a dangerous dog.K\n\nNo animal shall be found by the court to be a dangerous dog:1\n\nSolely because it is a particular breed;2\n\nIf 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&#8217;s owner; (ii) committing at the time a willful trespass upon the premises occupied by the animal&#8217;s owner; 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;3\n\nIf the animal is a police dog that was engaged in the performance of its duties as such at the time of the act complained of;4\n\nIf at the time of the acts complained of the animal was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner&#8217;s property;5\n\nAs a result of killing or inflicting serious injury on a dog or cat while engaged with its owner as part of lawful hunting or participating in an organized, lawful dog handling event; or6\n\nIf the court determines based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.L\n\nIf the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2-6540.04, 3.2-6542, and 3.2-6542.1.","order_by":null,"text":{"0":{"id":309018,"text":"As used in this section, &#8220;dog&#8221; includes a hybrid canine as defined in &#xA7; 3.2-6581.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309019,"text":"Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309020,"text":"No law-enforcement officer or animal control officer shall apply for a summons pursuant to subsection B if, upon investigation, the officer finds (i) in the case of an injury to a companion animal that is a dog or cat, that no serious injury has occurred as a result of the attack or bite, that both animals are owned by the same person, or that the incident originated on the property of the attacking or biting dog&#8217;s owner or (ii) in the case of an injury to a person, that the injury caused by the dog upon the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. In determining whether serious injury to a companion animal that is a dog or cat has occurred, the officer may consult with a licensed veterinarian.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":309021,"text":"A law-enforcement officer or animal control officer who applies for a summons pursuant to subsection B shall provide the owner with written notice of such application. For 30 days following such provision of written notice, the owner shall not dispose of the animal other than by surrender to the animal control officer or by euthanasia by a licensed veterinarian. Following such provision of written notice, an owner who elects to euthanize a dog that is the subject of a dangerous dog investigation shall provide documentation of such euthanasia to the animal control officer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":309022,"text":"If a law-enforcement officer successfully makes an application for the issuance of a summons pursuant to subsection B, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":309023,"text":"Following the issuance of a summons following an application pursuant to subsection B, an animal control officer may confine the animal until the evidence is heard and a verdict rendered. If the animal control officer determines that the owner can confine the animal in a manner that protects the public safety, he may permit the owner to confine the animal until the evidence is heard and a verdict rendered. Upon being served with a summons for a dangerous dog, the owner shall not dispose of the animal, other than by euthanasia, until the case has been adjudicated. The court, through its contempt powers, may compel the owner of the animal to produce the animal and to provide documentation that it has been, or will be within three business days, implanted with electronic identification registered to the owner. The owner shall provide the registration information to the animal control officer.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":309024,"text":"Nothing in this section shall prohibit an animal control officer or law-enforcement officer from securing a summons for a hearing to determine whether a dog that is surrendered but not euthanized is a dangerous dog.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":309025,"text":"Unless good cause is determined by the court, the evidentiary hearing pursuant to the dangerous dog summons shall be within 30 days or as soon as practicable from the issuance of the summons. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt. The court shall determine that the animal is a dangerous dog if the evidence shows that it (i) killed a companion animal that is a dog or cat or inflicted serious injury on a companion animal that is a dog or cat, including a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain or (ii) directly caused serious injury to a person, including laceration, broken bone, or substantial puncture of skin by teeth. Unless good cause is determined by the court, the appeal of a dangerous dog finding shall be heard within 30 days.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":309026,"text":"If after hearing the evidence the court finds that the animal is a dangerous dog, the court:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"9":{"id":309027,"text":"Shall order the animal&#8217;s owner to comply with the provisions of this section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6542, and 3.2-6542.1;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"10":{"id":309028,"text":"May order the owner of the animal to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. Such order shall not preclude the injured person from pursuing civil remedies, including damages that accrue after the original finding that the animal is a dangerous dog; and","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"I3"},"11":{"id":309029,"text":"May order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner.","type":"section","prefixes":["I","3"],"prefix":"3","entire_prefix":"I3","prefix_anchor":"I3","level":2,"prior_prefix":"I2","next_prefix":"J"},"12":{"id":309030,"text":"If after hearing the evidence the court decides to defer further proceedings without entering an adjudication that the animal is a dangerous dog, it may do so, notwithstanding any other provision of this section. A court that defers further proceedings shall place specific conditions upon the owner of the dog, including the requirement that the owner provide documentation that the dog has been, or will be within three business days, implanted with electronic identification registered to the owner. The registration information shall be provided to the animal control officer. If the owner violates any of the conditions, the court may enter an adjudication that the animal is a dangerous dog and proceed as otherwise provided in this section. Upon fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner without an adjudication that the animal is a dangerous dog.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I3","next_prefix":"K"},"13":{"id":309031,"text":"No animal shall be found by the court to be a dangerous dog:","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"K1"},"14":{"id":309032,"text":"Solely because it is a particular breed;","type":"section","prefixes":["K","1"],"prefix":"1","entire_prefix":"K1","prefix_anchor":"K1","level":2,"prior_prefix":"K","next_prefix":"K2"},"15":{"id":309033,"text":"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&#8217;s owner; (ii) committing at the time a willful trespass upon the premises occupied by the animal&#8217;s owner; 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;","type":"section","prefixes":["K","2"],"prefix":"2","entire_prefix":"K2","prefix_anchor":"K2","level":2,"prior_prefix":"K1","next_prefix":"K3"},"16":{"id":309034,"text":"If the animal is a police dog that was engaged in the performance of its duties as such at the time of the act complained of;","type":"section","prefixes":["K","3"],"prefix":"3","entire_prefix":"K3","prefix_anchor":"K3","level":2,"prior_prefix":"K2","next_prefix":"K4"},"17":{"id":309035,"text":"If at the time of the acts complained of the animal was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner&#8217;s property;","type":"section","prefixes":["K","4"],"prefix":"4","entire_prefix":"K4","prefix_anchor":"K4","level":2,"prior_prefix":"K3","next_prefix":"K5"},"18":{"id":309036,"text":"As a result of killing or inflicting serious injury on a dog or cat while engaged with its owner as part of lawful hunting or participating in an organized, lawful dog handling event; or","type":"section","prefixes":["K","5"],"prefix":"5","entire_prefix":"K5","prefix_anchor":"K5","level":2,"prior_prefix":"K4","next_prefix":"K6"},"19":{"id":309037,"text":"If the court determines based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.","type":"section","prefixes":["K","6"],"prefix":"6","entire_prefix":"K6","prefix_anchor":"K6","level":2,"prior_prefix":"K5","next_prefix":"L"},"20":{"id":309038,"text":"If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2-6540.04, 3.2-6542, and 3.2-6542.1.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K6"}},"ancestry":[{"id":13171,"edition_id":1,"name":"Authority of Local Governing Bodies","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13170,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198807,"object_type":"structure","relational_id":13171,"identifier":"6","token":"3.2\/V\/65\/6","url":"\/3.2\/V\/65\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13170,"edition_id":1,"name":"Comprehensive Animal Care","identifier":"65","label":"chapter","depth":3,"order_by":1,"parent_id":13169,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198459,"object_type":"structure","relational_id":13170,"identifier":"65","token":"3.2\/V\/65","url":"\/3.2\/V\/65\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13169,"edition_id":1,"name":"Domestic Animals","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198133,"object_type":"structure","relational_id":13169,"identifier":"V","token":"3.2\/V","url":"\/3.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81839,"structure_id":13171,"section_number":"3.2-6537","catch_line":"Ordinances; penalties","url":"\/3.2-6537\/","token":"3.2\/V\/65\/6\/3.2-6537","metadata":false},{"id":74955,"structure_id":13171,"section_number":"3.2-6537.1","catch_line":"Cash bond for a pet shop obtaining certain dogs","url":"\/3.2-6537.1\/","token":"3.2\/V\/65\/6\/3.2-6537.1","metadata":false},{"id":75887,"structure_id":13171,"section_number":"3.2-6538","catch_line":"Governing body of any locality may prohibit dogs from running at large; civil penalty","url":"\/3.2-6538\/","token":"3.2\/V\/65\/6\/3.2-6538","metadata":false},{"id":54470,"structure_id":13171,"section_number":"3.2-6539","catch_line":"Ordinance requiring dogs to be kept on leash","url":"\/3.2-6539\/","token":"3.2\/V\/65\/6\/3.2-6539","metadata":false},{"id":86290,"structure_id":13171,"section_number":"3.2-6540","catch_line":"Dangerous dogs; investigation, summons, and hearing","url":"\/3.2-6540\/","token":"3.2\/V\/65\/6\/3.2-6540","metadata":false},{"id":78978,"structure_id":13171,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","url":"\/3.2-6540.01\/","token":"3.2\/V\/65\/6\/3.2-6540.01","metadata":false},{"id":61898,"structure_id":13171,"section_number":"3.2-6540.02","catch_line":"Notice of dangerous dog finding; penalty","url":"\/3.2-6540.02\/","token":"3.2\/V\/65\/6\/3.2-6540.02","metadata":false},{"id":76550,"structure_id":13171,"section_number":"3.2-6540.03","catch_line":"Violation of law by owner of dangerous dog; penalty","url":"\/3.2-6540.03\/","token":"3.2\/V\/65\/6\/3.2-6540.03","metadata":false},{"id":54186,"structure_id":13171,"section_number":"3.2-6540.04","catch_line":"Subsequent attack or bite by dangerous dog; penalty","url":"\/3.2-6540.04\/","token":"3.2\/V\/65\/6\/3.2-6540.04","metadata":false},{"id":82525,"structure_id":13171,"section_number":"3.2-6540.1","catch_line":"Vicious dogs; penalties","url":"\/3.2-6540.1\/","token":"3.2\/V\/65\/6\/3.2-6540.1","metadata":false},{"id":64609,"structure_id":13171,"section_number":"3.2-6541","catch_line":"Authority to prohibit training of attack dogs","url":"\/3.2-6541\/","token":"3.2\/V\/65\/6\/3.2-6541","metadata":false},{"id":67596,"structure_id":13171,"section_number":"3.2-6541.1","catch_line":"Authority to prohibit ownership of particular breed","url":"\/3.2-6541.1\/","token":"3.2\/V\/65\/6\/3.2-6541.1","metadata":false},{"id":60877,"structure_id":13171,"section_number":"3.2-6542","catch_line":"Establishment of Dangerous Dog Registry","url":"\/3.2-6542\/","token":"3.2\/V\/65\/6\/3.2-6542","metadata":false},{"id":71489,"structure_id":13171,"section_number":"3.2-6542.1","catch_line":"Renewal of dangerous dog registration","url":"\/3.2-6542.1\/","token":"3.2\/V\/65\/6\/3.2-6542.1","metadata":false},{"id":81226,"structure_id":13171,"section_number":"3.2-6542.2","catch_line":"Dangerous dog fees; local fund","url":"\/3.2-6542.2\/","token":"3.2\/V\/65\/6\/3.2-6542.2","metadata":false},{"id":78689,"structure_id":13171,"section_number":"3.2-6543","catch_line":"Governing body of any locality may adopt certain ordinances","url":"\/3.2-6543\/","token":"3.2\/V\/65\/6\/3.2-6543","metadata":false},{"id":66579,"structure_id":13171,"section_number":"3.2-6543.1","catch_line":"Authority to enact parallel dangerous dog ordinance","url":"\/3.2-6543.1\/","token":"3.2\/V\/65\/6\/3.2-6543.1","metadata":false},{"id":64002,"structure_id":13171,"section_number":"3.2-6544","catch_line":"Regulation of keeping of animals and fowl","url":"\/3.2-6544\/","token":"3.2\/V\/65\/6\/3.2-6544","metadata":false},{"id":65760,"structure_id":13171,"section_number":"3.2-6545","catch_line":"Regulation of sale of animals procured from animal shelters","url":"\/3.2-6545\/","token":"3.2\/V\/65\/6\/3.2-6545","metadata":false},{"id":84667,"structure_id":13171,"section_number":"3.2-6546","catch_line":"County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief","url":"\/3.2-6546\/","token":"3.2\/V\/65\/6\/3.2-6546","metadata":false},{"id":73172,"structure_id":13171,"section_number":"3.2-6547","catch_line":"Acceptance of animals for research or experimentation; prohibition","url":"\/3.2-6547\/","token":"3.2\/V\/65\/6\/3.2-6547","metadata":false},{"id":83344,"structure_id":13171,"section_number":"3.2-6548","catch_line":"Private animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief","url":"\/3.2-6548\/","token":"3.2\/V\/65\/6\/3.2-6548","metadata":false},{"id":86437,"structure_id":13171,"section_number":"3.2-6549","catch_line":"Releasing agencies other than public or private animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties","url":"\/3.2-6549\/","token":"3.2\/V\/65\/6\/3.2-6549","metadata":false},{"id":85287,"structure_id":13171,"section_number":"3.2-6550","catch_line":"Requirements for foster homes; penalty","url":"\/3.2-6550\/","token":"3.2\/V\/65\/6\/3.2-6550","metadata":false},{"id":67608,"structure_id":13171,"section_number":"3.2-6551","catch_line":"Notification by individuals finding companion animals; penalty","url":"\/3.2-6551\/","token":"3.2\/V\/65\/6\/3.2-6551","metadata":false},{"id":76046,"structure_id":13171,"section_number":"3.2-6552","catch_line":"Dogs killing, injuring, or chasing livestock or poultry","url":"\/3.2-6552\/","token":"3.2\/V\/65\/6\/3.2-6552","metadata":false},{"id":74206,"structure_id":13171,"section_number":"3.2-6553","catch_line":"Compensation for livestock and poultry killed by dogs","url":"\/3.2-6553\/","token":"3.2\/V\/65\/6\/3.2-6553","metadata":false},{"id":68901,"structure_id":13171,"section_number":"3.2-6554","catch_line":"Disposal of dead companion animals","url":"\/3.2-6554\/","token":"3.2\/V\/65\/6\/3.2-6554","metadata":false}],"previous_section":{"id":54470,"structure_id":13171,"section_number":"3.2-6539","catch_line":"Ordinance requiring dogs to be kept on leash","url":"\/3.2-6539\/","token":"3.2\/V\/65\/6\/3.2-6539","metadata":false},"next_section":{"id":78978,"structure_id":13171,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","url":"\/3.2-6540.01\/","token":"3.2\/V\/65\/6\/3.2-6540.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-6540\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 977 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0115\">115<\/a>; in 1997, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0582\">582<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0892\">892<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0817\">817<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0011\">11<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0727\">727<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0785\">785<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0841\">841<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0837\">837<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0864\">864<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0898\">898<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0360\">360<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0551\">551<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0691\">691<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0377\">377<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0107\">107<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0236\">236<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0058\">58<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0732\">732<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0396\">396<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0190\">190<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0145\">145<\/a>.<\/p>","references":[{"id":78978,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","order_by":null,"url":"\/3.2-6540.01\/"},{"id":61898,"section_number":"3.2-6540.02","catch_line":"Notice of dangerous dog finding; penalty","order_by":null,"url":"\/3.2-6540.02\/"},{"id":76550,"section_number":"3.2-6540.03","catch_line":"Violation of law by owner of dangerous dog; penalty","order_by":null,"url":"\/3.2-6540.03\/"},{"id":54186,"section_number":"3.2-6540.04","catch_line":"Subsequent attack or bite by dangerous dog; penalty","order_by":null,"url":"\/3.2-6540.04\/"},{"id":71489,"section_number":"3.2-6542.1","catch_line":"Renewal of dangerous dog registration","order_by":null,"url":"\/3.2-6542.1\/"},{"id":81226,"section_number":"3.2-6542.2","catch_line":"Dangerous dog fees; local fund","order_by":null,"url":"\/3.2-6542.2\/"},{"id":66579,"section_number":"3.2-6543.1","catch_line":"Authority to enact parallel dangerous dog ordinance","order_by":null,"url":"\/3.2-6543.1\/"},{"id":72218,"section_number":"3.2-6570","catch_line":"Cruelty to animals; penalty","order_by":null,"url":"\/3.2-6570\/"},{"id":83158,"section_number":"3.2-6581","catch_line":"Definitions","order_by":null,"url":"\/3.2-6581\/"}],"refers_to":[{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"id":78978,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","order_by":null,"url":"\/3.2-6540.01\/"},{"id":61898,"section_number":"3.2-6540.02","catch_line":"Notice of dangerous dog finding; penalty","order_by":null,"url":"\/3.2-6540.02\/"},{"id":76550,"section_number":"3.2-6540.03","catch_line":"Violation of law by owner of dangerous dog; penalty","order_by":null,"url":"\/3.2-6540.03\/"},{"id":54186,"section_number":"3.2-6540.04","catch_line":"Subsequent attack or bite by dangerous dog; penalty","order_by":null,"url":"\/3.2-6540.04\/"},{"id":60877,"section_number":"3.2-6542","catch_line":"Establishment of Dangerous Dog Registry","order_by":null,"url":"\/3.2-6542\/"},{"id":71489,"section_number":"3.2-6542.1","catch_line":"Renewal of dangerous dog registration","order_by":null,"url":"\/3.2-6542.1\/"}],"permalink":{"id":198825,"object_type":"law","relational_id":86290,"identifier":"3.2-6540","token":"3.2\/V\/65\/6\/3.2-6540","url":"\/3.2-6540\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-6540\/","token":"3.2\/V\/65\/6\/3.2-6540","dublin_core":{"Title":"Dangerous dogs; investigation, summons, and hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-6540","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section, &#8220;<span class=\"dictionary\">dog<\/span>&#8221; includes a hybrid canine as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/3.2-6581\/\">3.2-6581<\/a>. <a id=\"paragraph-309018\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> who (i) has reason to believe that an animal is a dangerous <span class=\"dictionary\">dog<\/span> and (ii) is located in the <span class=\"dictionary\">jurisdiction<\/span> where the animal resides or in the <span class=\"dictionary\">jurisdiction<\/span> where the act was committed may apply to a <span class=\"dictionary\">magistrate<\/span> for the issuance of a <span class=\"dictionary\">summons<\/span> requiring the <span class=\"dictionary\">owner<\/span>, if known, to appear before a general district <span class=\"dictionary\">court<\/span> at a specified time. The <span class=\"dictionary\">summons<\/span> shall advise the <span class=\"dictionary\">owner<\/span> of the nature of the proceeding and the matters at <span class=\"dictionary\">issue<\/span>. <a id=\"paragraph-309019\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> shall apply for a <span class=\"dictionary\">summons<\/span> pursuant to subsection B if, upon investigation, the officer finds (i) in the case of an injury to a <span class=\"dictionary\">companion animal<\/span> that is a <span class=\"dictionary\">dog<\/span> or cat, that no serious injury has occurred as a result of the attack or bite, that both <span class=\"dictionary\">animals<\/span> are owned by the same person, or that the incident originated on the property of the attacking or biting <span class=\"dictionary\">dog<\/span>&#8217;s <span class=\"dictionary\">owner<\/span> or (ii) in the case of an injury to a person, that the injury caused by the <span class=\"dictionary\">dog<\/span> upon the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other <span class=\"dictionary\">minor<\/span> injury. In determining whether serious injury to a <span class=\"dictionary\">companion animal<\/span> that is a <span class=\"dictionary\">dog<\/span> or cat has occurred, the officer may consult with a licensed veterinarian. <a id=\"paragraph-309020\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> who applies for a <span class=\"dictionary\">summons<\/span> pursuant to subsection B shall provide the <span class=\"dictionary\">owner<\/span> with written notice of such application. For 30 days following such provision of written notice, the <span class=\"dictionary\">owner<\/span> shall not dispose of the animal other than by surrender to the <span class=\"dictionary\">animal control officer<\/span> or by <span class=\"dictionary\">euthanasia<\/span> by a licensed veterinarian. Following such provision of written notice, an <span class=\"dictionary\">owner<\/span> who elects to euthanize a <span class=\"dictionary\">dog<\/span> that is the subject of a dangerous <span class=\"dictionary\">dog<\/span> investigation shall provide documentation of such <span class=\"dictionary\">euthanasia<\/span> to the <span class=\"dictionary\">animal control officer<\/span>. <a id=\"paragraph-309021\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If a <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> successfully makes an application for the issuance of a <span class=\"dictionary\">summons<\/span> pursuant to subsection B, he shall contact the local <span class=\"dictionary\">animal control officer<\/span> and inform him of the location of the <span class=\"dictionary\">dog<\/span> and the relevant <span class=\"dictionary\">facts<\/span> pertaining to his belief that the <span class=\"dictionary\">dog<\/span> is dangerous. <a id=\"paragraph-309022\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Following the issuance of a <span class=\"dictionary\">summons<\/span> following an application pursuant to subsection B, an <span class=\"dictionary\">animal control officer<\/span> may confine the animal until the <span class=\"dictionary\">evidence<\/span> is heard and a <span class=\"dictionary\">verdict<\/span> rendered. If the <span class=\"dictionary\">animal control officer<\/span> determines that the <span class=\"dictionary\">owner<\/span> can confine the animal in a manner that protects the public safety, he may permit the <span class=\"dictionary\">owner<\/span> to confine the animal until the <span class=\"dictionary\">evidence<\/span> is heard and a <span class=\"dictionary\">verdict<\/span> rendered. Upon being served with a <span class=\"dictionary\">summons<\/span> for a dangerous <span class=\"dictionary\">dog<\/span>, the <span class=\"dictionary\">owner<\/span> shall not dispose of the animal, other than by <span class=\"dictionary\">euthanasia<\/span>, until the case has been adjudicated. The <span class=\"dictionary\">court<\/span>, through its <span class=\"dictionary\">contempt<\/span> powers, may compel the <span class=\"dictionary\">owner<\/span> of the animal to produce the animal and to provide documentation that it has been, or will be within three business days, implanted with electronic identification registered to the <span class=\"dictionary\">owner<\/span>. The <span class=\"dictionary\">owner<\/span> shall provide the registration information to the <span class=\"dictionary\">animal control officer<\/span>. <a id=\"paragraph-309023\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Nothing in this section shall prohibit an <span class=\"dictionary\">animal control officer<\/span> or <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> from securing a <span class=\"dictionary\">summons<\/span> for a <span class=\"dictionary\">hearing<\/span> to determine whether a <span class=\"dictionary\">dog<\/span> that is surrendered but not euthanized is a dangerous <span class=\"dictionary\">dog<\/span>. <a id=\"paragraph-309024\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Unless good cause is determined by the <span class=\"dictionary\">court<\/span>, the evidentiary <span class=\"dictionary\">hearing<\/span> pursuant to the dangerous <span class=\"dictionary\">dog<\/span> <span class=\"dictionary\">summons<\/span> shall be within 30 days or as soon as practicable from the issuance of the <span class=\"dictionary\">summons<\/span>. The procedure for <span class=\"dictionary\">appeal<\/span> and <span class=\"dictionary\">trial<\/span> shall be the same as provided by <span class=\"dictionary\">law<\/span> for <span class=\"dictionary\">misdemeanors<\/span>. <span class=\"dictionary\">Trial<\/span> by <span class=\"dictionary\">jury<\/span> shall be as provided in Article 4 (&#xA7; <a class=\"law\" title=\"Provisions of Title 8.01 apply except as provided in this article\" href=\"\/19.2-260\/\">19.2-260<\/a> et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case <span class=\"dictionary\">beyond a reasonable doubt<\/span>. The <span class=\"dictionary\">court<\/span> shall determine that the animal is a dangerous <span class=\"dictionary\">dog<\/span> if the <span class=\"dictionary\">evidence<\/span> shows that it (i) killed a <span class=\"dictionary\">companion animal<\/span> that is a <span class=\"dictionary\">dog<\/span> or cat or inflicted serious injury on a <span class=\"dictionary\">companion animal<\/span> that is a <span class=\"dictionary\">dog<\/span> or cat, including a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain or (ii) directly caused serious injury to a person, including laceration, broken bone, or substantial puncture of skin by teeth. Unless good cause is determined by the <span class=\"dictionary\">court<\/span>, the <span class=\"dictionary\">appeal<\/span> of a dangerous <span class=\"dictionary\">dog<\/span> <span class=\"dictionary\">finding<\/span> shall be heard within 30 days. <a id=\"paragraph-309025\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> If after <span class=\"dictionary\">hearing<\/span> the <span class=\"dictionary\">evidence<\/span> the <span class=\"dictionary\">court<\/span> finds that the animal is a dangerous <span class=\"dictionary\">dog<\/span>, the <span class=\"dictionary\">court<\/span>: <a id=\"paragraph-309026\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Shall <span class=\"dictionary\">order<\/span> the animal&#8217;s <span class=\"dictionary\">owner<\/span> to comply with the provisions of this section and &#xA7;&#xA7; <a class=\"law\" title=\"Obligations of officer and owner following dangerous dog finding\" href=\"\/3.2-6540.01\/\">3.2-6540.01<\/a>, <a class=\"law\" title=\"Establishment of Dangerous Dog Registry\" href=\"\/3.2-6542\/\">3.2-6542<\/a>, and <a class=\"law\" title=\"Renewal of dangerous dog registration\" href=\"\/3.2-6542.1\/\">3.2-6542.1<\/a>; <a id=\"paragraph-309027\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#I1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> May <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">owner<\/span> of the animal to pay <span class=\"dictionary\">restitution<\/span> for actual <span class=\"dictionary\">damages<\/span> to any person injured by the animal or whose <span class=\"dictionary\">companion animal<\/span> was injured or killed by the animal. Such <span class=\"dictionary\">order<\/span> shall not preclude the injured person from pursuing civil remedies, including <span class=\"dictionary\">damages<\/span> that accrue after the original <span class=\"dictionary\">finding<\/span> that the animal is a dangerous <span class=\"dictionary\">dog<\/span>; and <a id=\"paragraph-309028\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#I2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> May <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">owner<\/span> to pay all reasonable expenses incurred in caring and providing for such dangerous <span class=\"dictionary\">dog<\/span> from the time the animal is taken into <span class=\"dictionary\">custody<\/span> until such time as the animal is disposed of or returned to the <span class=\"dictionary\">owner<\/span>. <a id=\"paragraph-309029\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#I3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> If after <span class=\"dictionary\">hearing<\/span> the <span class=\"dictionary\">evidence<\/span> the <span class=\"dictionary\">court<\/span> decides to defer further proceedings without entering an adjudication that the animal is a dangerous <span class=\"dictionary\">dog<\/span>, it may do so, notwithstanding any other provision of this section. A <span class=\"dictionary\">court<\/span> that defers further proceedings shall place specific conditions upon the <span class=\"dictionary\">owner<\/span> of the <span class=\"dictionary\">dog<\/span>, including the requirement that the <span class=\"dictionary\">owner<\/span> provide documentation that the <span class=\"dictionary\">dog<\/span> has been, or will be within three business days, implanted with electronic identification registered to the <span class=\"dictionary\">owner<\/span>. The registration information shall be provided to the <span class=\"dictionary\">animal control officer<\/span>. If the <span class=\"dictionary\">owner<\/span> violates any of the conditions, the <span class=\"dictionary\">court<\/span> may enter an adjudication that the animal is a dangerous <span class=\"dictionary\">dog<\/span> and proceed as otherwise provided in this section. Upon fulfillment of the conditions, the <span class=\"dictionary\">court<\/span> shall dismiss the proceedings against the animal and the <span class=\"dictionary\">owner<\/span> without an adjudication that the animal is a dangerous <span class=\"dictionary\">dog<\/span>. <a id=\"paragraph-309030\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> No animal shall be found by the <span class=\"dictionary\">court<\/span> to be a dangerous <span class=\"dictionary\">dog<\/span>: <a id=\"paragraph-309031\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Solely because it is a particular breed; <a id=\"paragraph-309032\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the threat, injury, or damage was sustained by a person who was (i) committing at the time a <span class=\"dictionary\">crime<\/span> upon the premises occupied by the animal&#8217;s <span class=\"dictionary\">owner<\/span>; (ii) committing at the time a willful trespass upon the premises occupied by the animal&#8217;s <span class=\"dictionary\">owner<\/span>; 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; <a id=\"paragraph-309033\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> If the animal is a police <span class=\"dictionary\">dog<\/span> that was engaged in the performance of its duties as such at the time of the act complained of; <a id=\"paragraph-309034\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> If at the time of the acts complained of the animal was responding to pain or injury or was protecting itself, its <span class=\"dictionary\">kennel<\/span>, its offspring, a person, or its <span class=\"dictionary\">owner<\/span>&#8217;s property; <a id=\"paragraph-309035\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> As a result of killing or inflicting serious injury on a <span class=\"dictionary\">dog<\/span> or cat while engaged with its <span class=\"dictionary\">owner<\/span> as part of lawful hunting or participating in an organized, lawful <span class=\"dictionary\">dog<\/span> handling event; or <a id=\"paragraph-309036\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> If the <span class=\"dictionary\">court<\/span> determines based on the totality of the <span class=\"dictionary\">evidence<\/span> before it, or for other good cause, that the <span class=\"dictionary\">dog<\/span> is not dangerous or a threat to the community. <a id=\"paragraph-309037\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#K6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"L\"><p><span class=\"prefix-number\">L.<\/span> If the <span class=\"dictionary\">owner<\/span> of an animal found to be a dangerous <span class=\"dictionary\">dog<\/span> is a <span class=\"dictionary\">minor<\/span>, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section and &#xA7;&#xA7; <a class=\"law\" title=\"Obligations of officer and owner following dangerous dog finding\" href=\"\/3.2-6540.01\/\">3.2-6540.01<\/a>, <a class=\"law\" title=\"Notice of dangerous dog finding; penalty\" href=\"\/3.2-6540.02\/\">3.2-6540.02<\/a>, <a class=\"law\" title=\"Violation of law by owner of dangerous dog; penalty\" href=\"\/3.2-6540.03\/\">3.2-6540.03<\/a>, <a class=\"law\" title=\"Subsequent attack or bite by dangerous dog; penalty\" href=\"\/3.2-6540.04\/\">3.2-6540.04<\/a>, <a class=\"law\" title=\"Establishment of Dangerous Dog Registry\" href=\"\/3.2-6542\/\">3.2-6542<\/a>, and <a class=\"law\" title=\"Renewal of dangerous dog registration\" href=\"\/3.2-6542.1\/\">3.2-6542.1<\/a>. <a id=\"paragraph-309038\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6540\/#L\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDANGEROUS DOGS; INVESTIGATION, SUMMONS, AND HEARING (\u00a7 3.2-6540)\n\nA. As used in this section, &#8220;dog&#8221; includes a hybrid canine as\ndefined in &#xA7; 3.2-6581.\n\nB. Any law-enforcement officer or animal control officer who (i) has reason to\nbelieve that an animal is a dangerous dog and (ii) is located in the\njurisdiction where the animal resides or in the jurisdiction where the act was\ncommitted may apply to a magistrate for the issuance of a summons requiring the\nowner, if known, to appear before a general district court at a specified time.\nThe summons shall advise the owner of the nature of the proceeding and the\nmatters at issue.\n\nC. No law-enforcement officer or animal control officer shall apply for a\nsummons pursuant to subsection B if, upon investigation, the officer finds (i)\nin the case of an injury to a companion animal that is a dog or cat, that no\nserious injury has occurred as a result of the attack or bite, that both animals\nare owned by the same person, or that the incident originated on the property of\nthe attacking or biting dog&#8217;s owner or (ii) in the case of an injury to a\nperson, that the injury caused by the dog upon the person consists solely of a\nsingle nip or bite resulting only in a scratch, abrasion, or other minor injury.\nIn determining whether serious injury to a companion animal that is a dog or cat\nhas occurred, the officer may consult with a licensed veterinarian.\n\nD. A law-enforcement officer or animal control officer who applies for a summons\npursuant to subsection B shall provide the owner with written notice of such\napplication. For 30 days following such provision of written notice, the owner\nshall not dispose of the animal other than by surrender to the animal control\nofficer or by euthanasia by a licensed veterinarian. Following such provision of\nwritten notice, an owner who elects to euthanize a dog that is the subject of a\ndangerous dog investigation shall provide documentation of such euthanasia to\nthe animal control officer.\n\nE. If a law-enforcement officer successfully makes an application for the\nissuance of a summons pursuant to subsection B, he shall contact the local\nanimal control officer and inform him of the location of the dog and the\nrelevant facts pertaining to his belief that the dog is dangerous.\n\nF. Following the issuance of a summons following an application pursuant to\nsubsection B, an animal control officer may confine the animal until the\nevidence is heard and a verdict rendered. If the animal control officer\ndetermines that the owner can confine the animal in a manner that protects the\npublic safety, he may permit the owner to confine the animal until the evidence\nis heard and a verdict rendered. Upon being served with a summons for a\ndangerous dog, the owner shall not dispose of the animal, other than by\neuthanasia, until the case has been adjudicated. The court, through its contempt\npowers, may compel the owner of the animal to produce the animal and to provide\ndocumentation that it has been, or will be within three business days, implanted\nwith electronic identification registered to the owner. The owner shall provide\nthe registration information to the animal control officer.\n\nG. Nothing in this section shall prohibit an animal control officer or\nlaw-enforcement officer from securing a summons for a hearing to determine\nwhether a dog that is surrendered but not euthanized is a dangerous dog.\n\nH. Unless good cause is determined by the court, the evidentiary hearing\npursuant to the dangerous dog summons shall be within 30 days or as soon as\npracticable from the issuance of the summons. The procedure for appeal and trial\nshall be the same as provided by law for misdemeanors. Trial by jury shall be as\nprovided in Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The\nCommonwealth shall be required to prove its case beyond a reasonable doubt. The\ncourt shall determine that the animal is a dangerous dog if the evidence shows\nthat it (i) killed a companion animal that is a dog or cat or inflicted serious\ninjury on a companion animal that is a dog or cat, including a serious\nimpairment of health or bodily function that requires significant medical\nattention, a serious disfigurement, any injury that has a reasonable potential\nto cause death, or any injury other than a sprain or strain or (ii) directly\ncaused serious injury to a person, including laceration, broken bone, or\nsubstantial puncture of skin by teeth. Unless good cause is determined by the\ncourt, the appeal of a dangerous dog finding shall be heard within 30 days.\n\nI. If after hearing the evidence the court finds that the animal is a dangerous\ndog, the court:\n\n   1. Shall order the animal&#8217;s owner to comply with the provisions of this\n   section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6542, and 3.2-6542.1;\n\n   2. May order the owner of the animal to pay restitution for actual damages to\n   any person injured by the animal or whose companion animal was injured or\n   killed by the animal. Such order shall not preclude the injured person from\n   pursuing civil remedies, including damages that accrue after the original\n   finding that the animal is a dangerous dog; and\n\n   3. May order the owner to pay all reasonable expenses incurred in caring and\n   providing for such dangerous dog from the time the animal is taken into\n   custody until such time as the animal is disposed of or returned to the owner.\n\nJ. If after hearing the evidence the court decides to defer further proceedings\nwithout entering an adjudication that the animal is a dangerous dog, it may do\nso, notwithstanding any other provision of this section. A court that defers\nfurther proceedings shall place specific conditions upon the owner of the dog,\nincluding the requirement that the owner provide documentation that the dog has\nbeen, or will be within three business days, implanted with electronic\nidentification registered to the owner. The registration information shall be\nprovided to the animal control officer. If the owner violates any of the\nconditions, the court may enter an adjudication that the animal is a dangerous\ndog and proceed as otherwise provided in this section. Upon fulfillment of the\nconditions, the court shall dismiss the proceedings against the animal and the\nowner without an adjudication that the animal is a dangerous dog.\n\nK. No animal shall be found by the court to be a dangerous dog:\n\n   1. Solely because it is a particular breed;\n\n   2. If the threat, injury, or damage was sustained by a person who was (i)\n   committing at the time a crime upon the premises occupied by the\n   animal&#8217;s owner; (ii) committing at the time a willful trespass upon the\n   premises occupied by the animal&#8217;s owner; or (iii) provoking, tormenting,\n   or physically abusing the animal or can be shown to have repeatedly provoked,\n   tormented, abused, or assaulted the animal at other times;\n\n   3. If the animal is a police dog that was engaged in the performance of its\n   duties as such at the time of the act complained of;\n\n   4. If at the time of the acts complained of the animal was responding to pain\n   or injury or was protecting itself, its kennel, its offspring, a person, or\n   its owner&#8217;s property;\n\n   5. As a result of killing or inflicting serious injury on a dog or cat while\n   engaged with its owner as part of lawful hunting or participating in an\n   organized, lawful dog handling event; or\n\n   6. If the court determines based on the totality of the evidence before it, or\n   for other good cause, that the dog is not dangerous or a threat to the\n   community.\n\nL. If the owner of an animal found to be a dangerous dog is a minor, the\ncustodial parent or legal guardian shall be responsible for complying with all\nrequirements of this section and &#xA7;&#xA7; 3.2-6540.01, 3.2-6540.02,\n3.2-6540.03, 3.2-6540.04, 3.2-6542, and 3.2-6542.1.\n\nHISTORY: 1993, c. 977, \u00a7 3.1-796.93:1; 1994, c. 115; 1997, cc. 582, 892; 1998,\nc. 817; 2000, cc. 11, 727; 2003, cc. 785, 841; 2006, cc. 837, 864, 898; 2008,\ncc. 360, 551, 691, 860; 2009, c. 377; 2012, cc. 107, 236; 2013, cc. 58, 732;\n2017, c. 396; 2019, c. 190; 2021, Sp. Sess. I, c. 464; 2024, c. 145.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}