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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) (A) "Dangerous dog" means any dog that without provocation:
(i) Causes a serious injury to a person or domestic animal; or
(ii) Engages in behavior described in paragraph (4)(A)(i) of this section subsequent to having been determined to be a potentially dangerous dog pursuant to § 8-1902.
(B) The term "dangerous dog" shall not include dogs used by law enforcement officials when the dog is being used for legitimate law enforcement purposes.
(2) "Impound" means taken into the custody of the Mayor.
(3) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
(4)(A) "Potentially dangerous dog" means any dog that:
(i) Without provocation, chases or menaces a person or domestic animal in an aggressive manner, causing an injury to a person or domestic animal that is less severe than a serious injury;
(ii) In a menacing manner, approaches without provocation any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of human beings or domestic animals; or
(iii) Is running at-large and has been impounded by an animal control agency 3 or more times in the District within any 12-month period.
(B) The term "potentially dangerous dog" shall not include dogs used by law enforcement officials when the dog is being used for legitimate law enforcement purposes.
(5) "Proper enclosure" means secure confinement indoors or secure confinement outdoors in a locked structure designed and constructed to:
(A) Deter escape of the dog;
(B) Protect the dog from the elements; and
(C) Prevent contact with the dog from humans and other domestic animals.
(6) "Serious injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
(Oct. 18, 1988, D.C. Law 7-176, § 2, 35 DCR 4787; Dec. 5, 2008, D.C. Law 17-281, § 105(a), 55 DCR 9186.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1021.1.
Effect of Amendments
D.C. Law 17-281 rewrote the section which had read as follows:
"For purposes of this chapter, the term:
"(1)(A) 'Dangerous dog' means any dog that:
"(i) Has bitten or attacked a person or domestic animal without provocation; or
"(ii) In a menacing manner, approaches without provocation any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of human beings or domestic animals.
"(B) The term 'dangerous dog' shall not include dogs used by law enforcement officials for legitimate law enforcement purposes.
"(2) 'Serious injury' means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
"(3) 'Proper enclosure' means secure confinement indoors or secure confinement in a locked pen or structure measuring at least 5 feet in width, 10 feet in length, and 6 feet in height, with secure sides and a secure top, which provides protection from the elements for the dog, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the owner's property.
"(4) 'Owner' means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog.
"(5) 'Impound' means taken into the custody of the Mayor of the District of Columbia."
Emergency Act Amendments
For temporary amendment of section, see § 2(a) of the Pit Bull and Rottweiler Dangerous Dog Designation Emergency Amendment Act of 1996 (D.C. Act 11-257, April 16, 1996, 43 DCR 2156).
For temporary amendment of section, see § 3(a) of the Dangerous Dog Designation Emergency amendment Act of 1996 (D.C. Act 11-351, August 12, 1996, 43 DCR 4553).
Legislative History of Laws
Law 7-176, the "Dangerous Dog Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-276, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 17, 1988 and May 31, 1988, respectively. Signed by the Mayor on June 9, 1988, it was assigned Act No. 7-190 and transmitted to both Houses of Congress for its review.
For Law 17-281, see notes following § 8-1801.
Delegation of Authority
Delegation of authority under D.C. Law 7-176, the Dangerous Dog Amendment Act of 1988, see Mayor's Order 90-83, June 4, 1990.
Delegation of authority under D.C. Law 7-176, the "Dangerous Dog Amendment Act of 1988", see Mayor's Order 2000-98, June 14, 2000 (47 DCR 5277).
Delegation of Authority pursuant to D.C. Law 7-176, the Dangerous Dog Amendment Act of 1988, see Mayor's Order 2009-40, March 23, 2009 (56 DCR 6777).
