Virginia Statewide Rule
Virginia Prohibits Breed-Specific Dog Bans Statewide
Key Facts
- Statute
- Va. Code 3.2-6540
- Preemption
- Breed-based bans prohibited
- Allowed basis
- Individual dog behavior
- Vicious dogs
- Va. Code 3.2-6540.1
Summary
Virginia state law preempts breed-specific legislation by prohibiting any locality from declaring a dog dangerous solely on the basis of breed.
K. No animal shall be found by the court to be a dangerous dog: 1. Solely because it is a particular breed; 2. If the threat, injury, or damage was sustained by a person who was (i) committing at the time a crime upon the premises occupied by the animal's owner; (ii) committing at the time a willful trespass upon the premises occupied by the animal's owner; or (iii) provoking, tormenting, or physically abusing the animal or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times;
Full Breakdown
Va. Code Section 3.2-6540 expressly states that no canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed prohibited. Section 3.2-6540.1 contains identical language for vicious dogs. This effectively bars Virginia cities and counties from enacting breed bans on pit bulls, Rottweilers, or any other breed. Localities may regulate individual dogs based on actual behavior, requiring case-by-case adjudication.
Violations & Penalties
Local breed ban ordinances are unenforceable as preempted by state law.
Frequently Asked Questions
Can a Virginia city ban pit bulls?
What can localities regulate then?
Sources
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