                                 CODE OF VIRGINIA

DANGEROUS DOGS; INVESTIGATION, SUMMONS, AND HEARING (§ 3.2-6540)

A. As used in this section, &#8220;dog&#8221; includes a hybrid canine as
defined in &#xA7; 3.2-6581.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. If after hearing the evidence the court finds that the animal is a dangerous
dog, the court:

   1. 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;

   2. 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

   3. 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.

J. 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.

K. No animal shall be found by the court to be a dangerous dog:

   1. Solely because it is a particular breed;

   2. 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;

   3. 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;

   4. 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;

   5. 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

   6. 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.

L. 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.

HISTORY: 1993, c. 977, § 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.