Licensing, dangerous animal determinations and the process required.
Esshaki Legal Media TeamCurrent as of October 2021
Local animal regulation combines licensing, nuisance control and dangerous
animal procedures, the last of which carries due process consequences.
Licensing and vaccination requirements, with fees and enforcement.
Nuisance provisions covering noise, waste, and running at large, with
objective standards where possible.
Dangerous animal determinations. Because an order to remove or destroy an
animal deprives an owner of property, due process requires notice, an
opportunity to be heard before a neutral decision-maker, and a written decision
with a right of appeal. Ordinances permitting summary destruction outside a
genuine emergency are vulnerable.
Breed-specific regulation is preempted by statute in a number of states and
is challenged elsewhere on vagueness — identification by breed is unreliable —
and on due process grounds.
Impoundment. Notice to the owner, a holding period before disposition, and a
mechanism to recover the animal on payment of costs.
Service and assistance animals are governed by federal disability and fair
housing law, which limits inquiries, prohibits breed and size restrictions in
housing, and constrains local regulation.
Records. Complaint history, prior incidents and the investigation file are
what support a determination on review.