§ 10-619. Dangerous dog

   (a) Definitions. --

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

(c) Determination of potentially dangerous dog. -- 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) Prohibited. -- 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) Required notice. -- 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) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 2,500.

HISTORY: An. Code 1957, art. 27, § 70E(a)(1), (2), (4), (5), (b)-(f); 2002, ch. 26, § 2.