HSB 152

By operation of law, a person who owns or possesses a dog that is at least four months of age that is not vaccinated against rabies is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. Under current law, a person may lawfully kill any dog for which a rabies vaccination tag is required when the dog is not wearing a collar with a rabies vaccination tag attached. A peace officer has a duty to kill such a dog within the peace officer’s jurisdiction when the jurisdiction does not otherwise provide for the seizure and impoundment of dogs. If a dog is wearing a collar with a rabies vaccination tag attached, a person may lawfully kill the dog if the dog is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person. A dog running at large shall be impounded by a local board of health or law enforcement official if the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official. The bill instead authorizes only a peace officer to kill a dog within the peace officer’s respective jurisdiction if such jurisdiction has not otherwise provided for the seizure and impoundment of dogs or, if the jurisdiction has provided for the seizure and impoundment of dogs, no temporary housing can reasonably be secured in or near the jurisdiction. The bill does not authorize a peace officer to kill a dog that is under the control of the owner or an agent of the owner. However, any person may kill a dog that is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person, regardless of whether the dog is wearing a collar with a rabies vaccination tag attached. _____ bill authorizes a designated agent of a local board of health or law enforcement official to impound a dog running at large. The bill prohibits a county or city from adopting, enforcing, or otherwise administering an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog, but does not inhibit the authority of a county or city to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs.