Title of Regulation: 2VAC5-620. Regulations Pertaining to the Establishment of the Dangerous Dog Registry (amending 2VAC5-620-20, 2VAC5-620-30, 2VAC5-620-50, 2VAC5-620-70 through 2VAC5-620-110; repealing 2VAC5-620-10, 2VAC5-620-40).

Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Effective Date: May 11, 2020.

Agency Contact: Dr. Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TTY (800) 828-1120, or email carolynn.bissett@vdacs.virginia.gov.

Summary:

The amendments (i) reduce to 30 days the amount of time an owner of an animal found to be a dangerous dog has to obtain a dangerous dog registration certificate pursuant to Chapter 396 of the 2017 Acts of Assembly and (ii) simplify the regulation and eliminate redundancies.

CHAPTER 620
REGULATIONS REQUIREMENTS PERTAINING TO THE ESTABLISHMENT OF THE DANGEROUS DOG REGISTRY

Part I
Purpose and Applicability; Definition

2VAC5-620-10. Purpose and applicability. (Repealed.)

The purpose of this regulation is to establish the procedures and requirements for registration of dangerous dogs with local jurisdictions and the Virginia Dangerous Dog Registry. This regulation describes the responsibilities of owners of dangerous dogs; local animal control and law-enforcement officers; and the State Veterinarian.

2VAC5-620-20. Definition.

The following word and term when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:

"Dangerous dog" means a canine or canine crossbreed that has been found to be a dangerous dog by a court of law pursuant to § 3.2-6540 of the Code of Virginia.

Part II
Registration, Renewal, and Notifications

2VAC5-620-30. Initial registration requirements for owners of dangerous dogs.

A. The owner of a dog adjudicated to be dangerous shall within 45 calendar days of the finding by a court of competent jurisdiction, unless the Unless a dangerous dog has been euthanized or moved out of state, within 30 days of a finding by a court of competent jurisdiction that an animal is a dangerous dog, the animal control officer shall:

1. Provide the local animal control officer the following information required to obtain a Dangerous Dog Registration Certificate Provide the owner of the dangerous dog with a copy of §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

2. Collect from the owner of the dangerous dog and verify the accuracy of all of the information required by §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter, including the following:

a. The names, addresses, and telephone numbers of all owners;

b. All information necessary to locate the owners and the dog at all times;

c. Identification verifying that all owners of the dangerous dog are 18 years of age or older or the identification of the custodial parent or legal guardian of any owner under the age of younger than 18 years of age;

d. The acts that resulted in the dog being designated as dangerous;

e. The parties to the proceeding wherein the dog was found to be dangerous, the docket number and the court where the case was tried, and the requirements imposed by the judge on the owners of the dog;

f. The address where the dangerous dog is maintained and the name of the owner residing at that address;

g. The dangerous dog's name, sex, age, weight, primary breed, secondary breed, color, and markings;

h. Two photographs of the dangerous dog head to paw, one front view and one side view head to paw;

i. The number of the dog license issued by the locality;

j. Verification that the dangerous dog has a current rabies vaccination, including expiration date, name, address, and telephone number of the veterinary practice that administered the vaccine and issued the rabies tag number;

k. Documentation from a licensed veterinarian that the dangerous dog has been surgically neutered or spayed to include date of surgery,; name of the veterinarian performing the surgery,; and the practice name, address, and telephone number;

l. Evidence that the dangerous dog is or will be confined in a proper enclosure or is or will be confined inside the owner's residence or is and or will be muzzled and confined in the owner's fenced-in yard until a proper enclosure is constructed;

m. Evidence that the residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property;

n. Documentation that the dangerous dog has been identified permanently by means of a tattoo or electronic implantation or both, including the name, practice name, address, and telephone number of the veterinary practice that performed the procedure, the identification number(s) number, and the microchip company;

o. A copy of the liability insurance coverage from a company licensed to do business in Virginia in the amount of at least $100,000 that covers the owners for damages caused by dog bites. In lieu of liability insurance, the owner may obtain and maintain a bond in surety in the amount of $100,000. The bond shall be made to the chief administrative officer of the locality where one of the owners resides or where the dangerous dog is maintained for the benefit of those damaged by the bite of a the dangerous dog. The form of the bond should be approved by the local jurisdiction's attorney; and

p. A signed statement of compliance with the provisions of the order finding the dog dangerous.

2. Obtain 3. Complete the Dangerous Dog Registration Form and Registration Certificate with the owner. The Dangerous Dog Registration Form and Registration Certificate shall include all information necessary to ensure continued compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

4. Provide the owner with a Dangerous Dog Registration Certificate from the local animal control officer or treasurer for. The owner shall pay a fee of $150 in addition to other fees that may be authorized by law to obtain this certificate.

3. Obtain 5. Provide the owner a uniformly designed Virginia Dangerous Dog tag from the local animal control officer or treasurer that has a unique identification number and identifies the animal as a Virginia dangerous dog.

4. 6. Affix the tag to the animal's collar and ensure that advise the owner that the animal wears must wear the collar and tag at all times.

7. Enter all required information to the Virginia Dangerous Dog Registry within five business days of the completion of the registration certificate and collection of the associated fee.

B. The owner of the dangerous dog shall retain the original Dangerous Dog Registration Certificate so long as the dangerous dog remains in his possession.

2VAC5-620-40. Initial registration requirements for local animal control officers. (Repealed.)

The local animal control officer, upon receipt of all information from the owner as required under 2VAC5-620-30 A, shall then certify a dog found dangerous by a court of competent jurisdiction within 45 calendar days of such finding. The local animal control officer shall:

1. Provide the owner with a copy of the law and this regulation.

2. Verify the owner has submitted all information required by law and this regulation.

3. Fill out the Dangerous Dog Registration Certificate with the owner.

4. Transmit electronically the Dangerous Dog Registration Certificate information to the State Veterinarian within five business days of certification.

5. Provide the owner with a Dangerous Dog Registration Certificate. The fee for the certificate shall be $150 payable to the treasurer of the locality, in addition to other fees that may be authorized by law.

6. Provide the owner with a Dangerous Dog Renewal Registration Form from the Dangerous Dog Registry website.

7. Provide the owner or cause the treasurer of the locality to provide the owner with a uniformly designed Virginia Dangerous Dog tag with a unique identification number.

2VAC5-620-50. Renewal registration procedures and requirements.

The following shall be the procedures and requirements for the annual renewal of registration in the dangerous dog registry:

1. The State Veterinarian shall mail each owner of a dangerous dog a reminder at least 60 calendar days prior to January 31 of each year that the Dangerous Dog Registration Certificate needs to be renewed. A copy shall be sent to the animal control officer of the political subdivision jurisdiction where the dangerous dog is maintained.

2. By January 31 of each year, until the dangerous dog is deceased, each the owner of a dangerous dog shall renew the Dangerous Dog Registration Certificate for a fee of $85 by submission of a Dangerous Dog Renewal Form to the local animal control officer.

3. The Dangerous Dog Renewal Form shall include all information necessary to ensure continued compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

4. The local animal control officer shall verify all information submitted by the owner on the Dangerous Dog Renewal Form and transmit electronically enter the information to the Dangerous Dog Registry maintained by the State Veterinarian within five business days of such verification.

5. The owner of any dog found to be dangerous by a court of competent jurisdiction within 60 90 calendar days prior to January 31 1 shall be exempt from the first annual renewal registration and the associated fee.

2VAC5-620-70. Dangerous dog tag.

The following shall be the procedures and requirements pertaining to the dangerous dog tag:

1. The State Veterinarian shall provide each jurisdiction a sequential batch of uniformly designed Virginia Dangerous Dog tags. Localities shall request additional tags from the State Veterinarian, as necessary.

2. The following information shall be inscribed on the front of the Virginia Dangerous Dog tag: "Virginia Dangerous Dog," and a unique dangerous dog identifying number. The back of the tag shall have inscribed return information: "If found contact the State Veterinarian's Office at (804) 692-0601."

3. The unique Virginia Dangerous Dog tag identification number shall remain active in the Dangerous Dog Registry until proof of death of the animal or until a new Virginia Dangerous Dog tag is issued.

4. The owner of a dangerous dog shall notify the local animal control officer within 10 calendar days of a lost Virginia Dangerous Dog tag.

5. The local animal control officer shall issue a new Virginia Dangerous Dog tag and identification number to the owner and electronically transmit this information to the State Veterinarian update the tag information in the Dangerous Dog Registry.

2VAC5-620-80. Notification requirements for dangerous dog incidents.

A. At any time during the adjudication process or after a dog has been found to be a dangerous dog by a court of competent jurisdiction, the dog's owner shall notify the local animal control officer within 24 hours if any of the following occur:

1. The dog is loose or unconfined.

2. The dog bites or attacks a person or another animal.

3. There is a complaint that the dog bit or attacked a person or another animal.

4. Any claims are made or lawsuits are brought as a result of any attack by the dog.

5. The dog is sold, given away, or dies.

B. The local animal control officer who receives notification in accordance with subsection A of this section shall promptly notify update the State Veterinarian of Dangerous Dog Registry with these facts by electronic mail within five business days of receipt of such notification.

2VAC5-620-90. Notification requirements for change of address or contact information; updated information.

If, at any time during the adjudication process or after an animal has been found to be a dangerous dog by a court of competent jurisdiction, there is a change in the address of the owner or a change in the address where the dangerous dog is maintained (within or outside of the Commonwealth of Virginia), the following notification shall occur within 10 days:

1. If the owner moves the dangerous dog to a new address within the same jurisdiction, the owner shall submit a Dangerous Dog Renewal Form to the local animal control officer indicating the new address. The animal control officer will enter the new address into the Dangerous Dog Registry within five business days of notification.

2. If the owner moves the dangerous dog to a different local Virginia jurisdiction, the owner shall submit a Dangerous Dog Renewal Form to both the local animal control officer in the new jurisdiction to which the animal has moved and to the animal control officer in the former jurisdiction from which the animal has moved.

3. a. The local animal control officer of the jurisdiction of the old address from which the animal has moved shall initiate a jurisdiction transfer in the Dangerous Dog Registry within five business days of notification and shall verify that the local animal control officer of the new jurisdiction to which the dog has received moved is in receipt of the Dangerous Dog Renewal Form. If the form has not been received, he the local animal control officer of the jurisdiction from which the animal has moved shall provide any information necessary to contact the owner of the dangerous dog.

4. b. The local animal control officer of the new jurisdiction to which the animal has been moved shall electronically submitnotice of the change and verification of verify compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia to the State Veterinarian and this chapter and make any necessary changes to information in the Dangerous Dog Registry.

5. The 3. If the owner moves the dangerous dog to a locality outside of Virginia, the owner shall notify submit a Dangerous Dog Renewal Form to the local animal control officer for the jurisdiction where the dangerous dog is maintained of any change in or updating of information required by the law or regulation in the jurisdiction from which the animal has moved. The local animal control officer shall note the changed information or updates on the Dangerous Dog Renewal Form and electronically submit such information to the State Veterinarian mark the dog as inactive in the Dangerous Dog Registry and inform the locality to which the animal has moved within five business days of notification.

6. 4. There shall be no charge for submitting updated information between registration renewals.

Part III
Virginia Dangerous Dog Registry

2VAC5-620-100. Operation and maintenance of the Dangerous Dog Registry.

The following shall be the procedures and requirements for the operation and maintenance of the Dangerous Dog Registry:

1. The State Veterinarian shall operate and maintain a website to be named the Virginia Dangerous Dog Registry.

2. A personal identification number (PIN) shall be assigned by the State Veterinarian to each local jurisdiction for administrative access to the Dangerous Dog Registry.

3. All information in the Dangerous Dog Registry shall be available to the State Veterinarian and local jurisdictions via the website.

4. The address of the owner, name and breed of the dangerous dog, acts which resulted in the animal dog being found dangerous, and information necessary to access court records of the adjudication for each dangerous dog shall be available to the public via the website.

5. Any funds collected for the Dangerous Dog Registry shall be used by the State Veterinarian to maintain the Dangerous Dog Registry and website.

All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this section, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2-6556 of the Code of Virginia.

The governing body of any locality may enact an ordinance parallel to this statute regulating dangerous and vicious dogs provided, however, that no locality may impose a felony penalty for violation of such local ordinances.

2VAC5-620-110. Local treasurers to remit a portion of fees collected to the State Veterinarian.

The State Veterinarian will send each locality an invoice within five business days of July by January 1 for fees due for each dog currently listed registered or renewed in the Dangerous Dog Registry within the locality during the previous calendar year. Local treasurers Each local treasurer shall remit to the State Veterinarian by July January 31 of each year $90 for each dangerous dog for which an initial Dangerous Dog Registration Certificate was issued and $25 for each dangerous dog for which a Dangerous Dog Renewal Registration Form was issued within their the local treasurer's locality during the previous fiscal year. Localities A locality will not be liable for the portion of the fee due to the State Veterinarian if they have it has not collected the fee from the dangerous dog owner, provided a good faith effort was made to collect such fee.