Dangerous dog

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Dangerous dog” means a dog that:

            (i)    without provocation has killed or inflicted severe injury on a person; or

            (ii)    is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made:

                1.    bites a person;

                2.    when not on its owner’s real property, kills or inflicts severe injury on a domestic animal; or

                3.    attacks without provocation.

        (3)    (i)    “Owner’s real property” means real property owned or leased by the owner of a dog.

            (ii)    “Owner’s real property” does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

        (4)    “Severe injury” means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

    (b)    This section does not apply to a dog owned by and working for a governmental or law enforcement unit.

    (c)    An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:

        (1)    finds that the dog:

            (i)    has inflicted a bite on a person while on public or private real property;

            (ii)    when not on its owner’s real property, has killed or inflicted severe injury on a domestic animal; or

            (iii)    has attacked without provocation; and

        (2)    notifies the dog owner in writing of the reasons for this determination.

    (d)    A dog owner may not:

        (1)    leave a dangerous dog unattended on the owner’s real property unless the dog is:

            (i)    confined indoors;

            (ii)    in a securely enclosed and locked pen; or

            (iii)    in another structure designed to restrain the dog; or

        (2)    allow a dangerous dog to leave the owner’s real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.

    (e)    An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:

        (1)    the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and

        (2)    the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.

    (f)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.


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