(a) Public safety threat. An animal may not pose a threat to public safety. The owner of an animal who poses a threat to public safety is in violation of this section. An animal poses a threat to public safety if the animal:
(1) inflicts severe injury to a person;
(2) bites a person;
(3) kills or inflicts injury to a domesticated animal;
(4) attacks a person;
(5) while at large, chases or approaches a lawfully restrained domesticated animal in an aggressive manner;
(6) while at large, chases or approaches a person in an aggressive manner; or
(7) engages in encouraged dogfighting activity or shows evidence of having been engaged in encouraged dogfighting activity.
(b) Potentially dangerous. The Agency may designate an animal as potentially dangerous if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal:
(1) engaged in conduct that caused a minor or severe injury to a person or domesticated animal;
(2) has been determined to be potentially dangerous or dangerous by another jurisdiction for an attack or action that would subject the animal to a potentially dangerous designation by the Agency; or
(3) while at large, chases or approaches a person or lawfully restrained domesticated animal in an aggressive manner and the Agency has received and verified information that the animal engaged in conduct that constitutes a public safety threat within the preceding twelve months in this or any other jurisdiction.
(c) Dangerous. The Agency may designate an animal as dangerous if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal:
(1) killed or inflicted severe injury on a person or domesticated animal;
(2) has been determined to be potentially dangerous, dangerous, or vicious by another jurisdiction for an attack or action that would subject the animal to a dangerous designation by the Agency;
(3) has been documented as killing or inflicting severe injury on a person or domesticated animal in another jurisdiction; or
(4) has been determined to be potentially dangerous by the Agency and engages in a second incident that constitutes a public safety threat as described in subsection (a) of this section.
(d) Vicious. The Agency may designate an animal as vicious if, after consideration of the animal's demeanor and prior history and any evidence of mitigating circumstances, the Agency finds that the animal cannot be safely maintained without threatening members of the public or other animals and the animal:
(1) killed or inflicted severe injury on a person or domesticated animal;
(2) has been determined to be potentially dangerous or dangerous by the Agency and engages in a second incident that constitutes a public safety threat as described in subsection (a) of this section;
(3) has been determined to be dangerous or vicious by another jurisdiction for an attack or action that would subject the animal to a vicious designation by the Agency; or
(4) has engaged in documented behavior involving killing or inflicting severe injury on a person or domesticated animal in another jurisdiction.
(e) Determinative factors. The Agency may decline to issue a citation to an owner for an animal engaging in activity that constitutes a public safety threat or to designate an animal as potentially dangerous, dangerous, or vicious if the Agency finds that it is more likely than not that:
(1) the animal was provoked;
(2) the animal was reacting to pain or injury;
(3) the animal was protecting or defending a person in the immediate vicinity;
(4) the animal was defending itself, its litter, or another animal; or
(5) the animal was acting against a person or animal trespassing on the property of the owner of the animal.
(1985 Code, Art. 12, § 4-101) (Bill No. 41-01; Bill No. 59-17; Bill No. 90-18; Bill No. 89-20)