Definitions
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(a)
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(1)
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In this section the following words have the meanings indicated.
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(2)
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"Dangerous dog" means a dog that:
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(i)
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without provocation has killed or inflicted severe injury on
a person; or
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(ii)
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is determined by the appropriate unit of a County or municipal
corporation to be a potentially dangerous dog and, after the determination
is made:
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1.
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bites a person;
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2.
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when not on its owner's real property, kills or inflicts
severe injury on a domestic animal; or
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3.
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attacks without provocation.
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(3)
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(i)
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"Owner's real property" means real property owned or leased
by the owner of a dog.
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(ii)
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"Owner's real property" does not include a public right-of-way
or a common area of a condominium, apartment complex, or townhouse
development.
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(4)
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"Severe injury" means a physical injury that results in broken
bones or disfiguring lacerations requiring multiple sutures or cosmetic
surgery.
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Exception
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(b)
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This section does not apply to a dog owned by and working for
a governmental or law enforcement unit.
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Determination of potentially dangerous dog
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(c)
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An appropriate unit of a County or municipal corporation may
determine that a dog is potentially dangerous if the unit:
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(1)
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finds that the dog:
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(i)
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has inflicted a bite on a person while on public or private
real property;
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(ii)
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when not on its owner's real property, has killed or inflicted
severe injury on a domestic animal; or
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(iii)
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has attacked without provocation; and
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(2)
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notifies the dog owner in writing of the reasons for this determination.
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Prohibited
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(d)
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A dog owner shall not:
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(1)
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leave a dangerous dog unattended on the owner's real property
unless the dog is:
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(i)
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confined indoors;
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(ii)
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in a securely enclosed and locked pen; or
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(iii)
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in another structure designed to restrain the dog; or
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(2)
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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.
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Required notice
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(e)
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An owner of a dangerous dog or potentially dangerous dog who
sells or gives the dog to another shall notify in writing:
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(1)
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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
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(2)
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the person taking possession of the dog, of the dangerous behavior
or potentially dangerous behavior of the dog.
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Penalty
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(f)
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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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