HB 549 -- Dangerous Dogs

Sponsor:  Chappelle-Nadal

This bill specifies that if an animal control officer or law
enforcement officer has determined by probable cause that a dog
is dangerous, the officer will provide the owner of the dog an
opportunity for a hearing to present evidence as to why the dog
should not be declared dangerous prior to making a final
determination.  Any dog that is the subject of a dangerous dog
investigation will be impounded at the owner's expense or safely
confined by the owner and will not be relocated or have the
ownership transferred until the conclusion of the investigation.

Upon classification of a dog as dangerous, the animal control
authority will provide written notice to the owner of the dog.
The owner will have 10 business days to file a written appeal
requesting a court hearing and must confine the dog in a securely
fenced or enclosed area pending the resolution of the appeal.
The determination of the court will be final.

Within 14 days after a dog has been classified as dangerous and
the classification is upheld on appeal, the judicial authority
must impose conditions upon the owner of the dog that protects
the public's health, safety, and welfare.  If the dog creates a
significant threat to the public's health, safety, and welfare,
the dog will be euthanized.

No dog will be declared potentially dangerous or dangerous if the
threat, injury, or damage sustained by a human being resulted
because the person was unlawfully on the property or while
lawfully on the property was teasing, tormenting, abusing, or
assaulting the dog, its owner, or any family member or if the dog
was protecting or defending a human being within the immediate
vicinity of the dog from an unjustified attack or assault.

All potentially dangerous dogs will be properly licensed and
vaccinated, will be kept indoors or in a securely fenced yard or
enclosure from which the dog cannot escape and into which
children cannot trespass, and will not be transferred to another
owner or jurisdiction without written notification to animal
control authorities or local law enforcement.  If the dog does
not engage in behavior that would cause a reasonable person to
take defensive action or does not inflict a bite that causes
injury to a human or another animal for 36 months from the date
of being classified as a potentially dangerous dog, the dog's
record may be reviewed and a determination made by the animal
control authority or local law enforcement authority as to
whether the dog should be removed from the list of potentially
dangerous dogs.

Any person who violates laws regarding a dangerous dog will be
subject to a fine of up to $1,000, and any person who violates
laws regarding a potentially dangerous dog will be subject to a
fine of up to $500.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am