Administrative Code

Virginia Administrative Code
6/14/2021

Chapter 620. Requirements Pertaining to the Establishment of the Dangerous Dog Registry

Part I
Definition

2VAC5-620-10. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; repealed, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-20. Definition.

The following 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.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009; amended, Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

Part II
Registration, Renewal, and Notifications

2VAC5-620-30. Initial registration requirements.

A. 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 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 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;

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 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 electronic implantation, including the name, practice name, address, and telephone number of the veterinary practice that performed the procedure, the identification 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 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.

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. The owner shall pay a fee of $150 in addition to other fees that may be authorized by law to obtain this certificate.

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.

6. Affix the tag to the animal's collar and advise the owner that the animal 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.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-40. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; repealed, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

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 jurisdiction where the dangerous dog is maintained.

2. By January 31 of each year, until the dangerous dog is deceased, 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 enter the information to the Dangerous Dog Registry within five business days of such verification.

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

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-60. (Repealed.)

Statutory Authority

§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; repealed, Virginia Register Volume 29, Issue 10, eff. December 18, 2012.

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 update the tag information in the Dangerous Dog Registry.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

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 update the Dangerous Dog Registry with these facts within five business days of receipt of such notification.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

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, 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 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 jurisdiction from which the animal has moved.

a. The local animal control officer of the jurisdiction 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 jurisdiction to which the dog has moved is in receipt of the Dangerous Dog Renewal Form. If the form has not been received, 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.

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

3. If the owner moves the dangerous dog to a locality outside of Virginia, the owner shall submit a Dangerous Dog Renewal Form to the local animal control officer in the jurisdiction from which the animal has moved. The local animal control officer shall 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.

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

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

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 that resulted in the 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.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009; Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

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 by January 1 for fees due for each dog registered or renewed in the Dangerous Dog Registry within the locality during the previous calendar year. Each local treasurer shall remit to the State Veterinarian by 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 the local treasurer's locality during the previous fiscal year. A locality will not be liable for the portion of the fee due to the State Veterinarian if it has not collected the fee from the dangerous dog owner, provided a good faith effort was made to collect such fee.

Statutory Authority

§§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 10, eff. December 18, 2012; amended, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

FORMS (2VAC5-620).

Dangerous Dog Registration Form and Registration Certificate, VDACS DDR 07 (eff. 12/12).

Dangerous Dog Renewal Form, VDACS DDR 08 (eff. 12/12).

Dangerous Dog Secondary Owner Form, VDACS DDR 09 (eff. 12/12).

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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