Steps to Having a Dog Declared Vicious 

Did the dog kill or inflict serious bodily injury* to a person by attacking, biting, or mauling?

*Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

If there is probable cause, the judge will issue a seizure warrant ordering Animal Control to seize the dog and provide for impoundment.  A hearing must be held within 10 days of the issuance of the seizure warrant.  The judge notifies the owner, complainant and HCRAC of the hearing date.

Any person may file a sworn statement that a dog has caused the death or serious bodily injury to a person in a Justice of the Peace Court.

If no probable cause is shown the complaint should be dismissed.

If the Court finds the dog caused the death of a person by attacking, biting, or mauling the person, the dog shall be ordered destroyed.

If the Court finds the dog caused serious bodily injury to a person the dog may be ordered destroyed unless certain special circumstances exist.  The Court has some discretion based on the facts of the case.

If the dog did not cause death or serious bodily injury by the attack, the dog is returned to the owner.  The complainant may pursue having the dog declared dangerous.