Virginia's dangerous-dog procedure, step by step

Section 3.2-6540 lets a law-enforcement or animal control officer who believes an animal is dangerous ask a magistrate for a summons, which brings the owner into general district court. The statute lists situations where no application may be made, such as a single nip causing only a scratch or abrasion, or when the other animal had the same owner.

1. Written noticeThe officer gives the owner written notice. For 30 days the owner may not get rid of the dog except by surrendering it to animal control or having a veterinarian euthanize it.
2. ConfinementAfter the summons, animal control may confine the dog until the verdict, or let the owner do so if public safety is protected.
3. HearingIt is due within 30 days or as soon as practicable. The Commonwealth must prove its case beyond a reasonable doubt.
4. FindingThe court must find the animal dangerous if the evidence shows it killed or seriously injured a companion dog or cat, or directly caused serious injury to a person.

An animal may not be found dangerous solely because of its breed. The court also may not rule that way where there was provocation or trespass by the victim, a police dog on duty, self-defense or defense of others or property, lawful hunting or an organized dog event.

The owner must follow section 3.2-6540.01. As we read it:

• Build a locked, secure enclosure within 30 days if the dog is kept outdoors without you.
• Keep the dog indoors otherwise. Outdoors it must be on a leash held by a responsible adult and securely muzzled.
• Post clearly visible warning signs at the home and at every entry point.
• Carry at least $100,000 in animal-bite liability coverage or a surety bond of that value, and show proof each year.
• Provide proof of spay or neuter, implant registered electronic ID, and pay a $150 fee.

The registry section adds that the owner must update the registry within 10 days after moving or changing contact details.

The court may order restitution and the cost of the dog's care. It may also defer the case on conditions, including electronic identification; if the owner meets them the case is dismissed.

We read these sections as published on the Virginia Law site. Laws are amended, so check the current text or an attorney.