D.C. Mun. Regs. r. 16-3633

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 16-3633 - DOMESTIC ANIMAL INFRACTIONS

3633.1 Violation of any of the following provisions shall result in a $1,000 fine:

(a) D.C. Official Code § 8-1804.01(f) (2018 Supp.) (a holder of a hobby permit failing to provide their animal with adequate care, adequate feed, adequate shelter, adequate space, and adequate water);

(b) D.C. Official Code § 8-1808(n) (2018 Supp.) (an owner or custodian failing to provide their animal with adequate care, adequate feed, adequate shelter, adequate space, and adequate water);

(c) D.C. Official Code § 8-1808(o) (2018 Supp.) (taking actions that intentionally harm, or that a person should know are likely to cause harm to, an animal);

(d) D.C. Official Code § 8-1808(p)(1) (2018 Supp.) (an owner or custodian abandoning an animal in their possession);

(e) D.C. Official Code § 8-1905(1) (2018 Supp.) (failure to obtain or maintain a valid certificate of registration for a potentially dangerous or dangerous dog);

(f) D.C. Official Code § 8-1905(2) (2018 Supp.) (permitting a potentially dangerous dog to be outside a proper enclosure unrestrained by a leash or chain four feet in length or less and under the control of a responsible person);

(g) D.C. Official Code § 8-1905(3) (2018 Supp.) (failure to maintain a dangerous dog exclusively on the owner's property except for medical treatment or examination);

(h) D.C. Official Code § 8-1905(4) (2018 Supp.) (failure to notify the Department within twenty-four (24) hours of a potentially dangerous or dangerous dog being on the loose, being unconfined, having attacked another domestic animal or a human being, having died, having been sold or having been given away);

(i) D.C. Official Code § 8-1905(5) (2018 Supp.) (failure to surrender a potentially dangerous or dangerous dog to the Department for safe confinement pending disposition of the case when there is a reason to believe that the potentially dangerous or dangerous dog poses a threat to public safety); and

(j) D.C. Official Code § 8-1905(7) (2018 Supp.) (removing a dangerous dog from the District without written permission from the Director).

3633.2 Violation of any of the following provisions shall result in a $500 fine:

(a) 24 DCMR § 901.3 (failing to provide a dog or cat with booster vaccinations against rabies and distemper twelve (12) months after the date of the initial vaccinations, or failure to vaccinate the dog or cat against rabies every three (3) years thereafter.

(b) 24 DCMR § 901.14 (falsely issuing a certificate of vaccination);

(c) 24 DCMR § 901.17 (failure to vaccinate an unvaccinated dog or cat within fifteen (15) days of bringing a dog or cat into the District);

(d) D.C. Official Code § 8-1803(a) (2018 Supp.) and 24 DCMR § 901.1 (failing to vaccinate a dog or cat over the age of four (4) months against rabies and distemper);

(e) D.C. Official Code § 8-1804.01(a) (2018 Supp.) (an owner of seven (7) or more animals, larger than a guinea pig and older than four (4) months, failing to obtain animal hobby permit);

(f) D.C. Official Code § 8-1808(c) (2018 Supp.) (leaving an animal, excluding cats, outdoors without human accompaniment or adequate shelter for more than fifteen minutes during periods of extreme weather, unless the age, condition, and type of each animal allows the animal to withstand extreme weather);

(g) D.C. Official Code § 8-1808(e) (2018 Supp.) (allowing a dog on any school ground or on any public recreation area, other than a dog park, unless the dog is on a leash and under adequate means of control of a person capable of physically restraining the dog);

(h) D.C. Official Code § 8-1808(f) (2018 Supp.) (separating a puppy or kitten from its mother until the puppy or kitten is at least six (6) weeks of age, unless the mother poses a danger to its offspring);

(i) D.C. Official Code § 8-1808(g) (2018 Supp.) (selling, giving, or offering for sale a puppy or kitten under six (6) weeks of age, unless the puppy or kitten's mother is sold, given, or offered to the same person as the puppy or kitten);

(j) D.C. Official Code § 8-1808(k)(1) (2018 Supp.) (sponsoring, promoting, or training an animal to participate in, contributing to the involvement of an animal in, or attending as a spectator, any activity or event in which any animal engages in unnatural behavior, is wrestled or fought, mentally or physically harassed, or displayed in such a way that the animal is struck, abused, or mentally or physically stressed or traumatized, or is induced, goaded, or encouraged to perform or react through the use of chemical, mechanical, electrical, or manual devices, in a manner that will cause, or is likely to cause, physical or other injury or suffering);

(k) D.C. Official Code § 8-1808(l)(1) (2018 Supp.) (directing, encouraging, causing, allowing, aiding, or assisting an owned or custodial dog to threaten, charge, bite, or attack a person or other animal except to protect a person under attack or, in the case of a Commercial Guard Dog licensed pursuant to D.C. Official Code § 81841.02, to defend private property); and

(l) D.C. Official Code § 8-1808.02(a) (2018 Supp.) (leaving an animal alone in a vehicle in such a way as to endanger the animal's health or safety).

3633.3 Violation of any of the following provisions shall result in a $250 fine:

(a) 24 DCMR § 900.2 (allowing a dog to go at large);

(b) 24 DCMR § 900.6 (permitting a dog to be confined in a yard, on any private property or in a vehicle in a manner that allows the dog to bite or menace persons lawfully using a public street, highway, or public space);

(c) 24 DCMR § 901.11 (failure of a veterinarian to maintain a copy of the certificate of vaccination);

(d) 24 DCMR § 901.16 and 24 DCMR § 901.1 (affixing to an animal's collar or tag an expired vaccination tag or a vaccination tag issued for another animal);

(e) D.C. Official Code § 8-1808(a)(1) (2018 Supp.) (an owner or custodian allowing their animal to go at large);

(f) D.C. Official Code § 8-1808(b) (2018 Supp.) (knowingly and falsely denying ownership or custodianship of an animal);

(g) D.C. Official Code § 8-1808(i) (2018 Supp.) (selling or offering for sale a rabbit under the age of sixteen (16) weeks or a chick or duck under the age of eight (8) weeks except for agricultural or scientific purposes);

(h) D.C. Official Code § 8-1808(j) (2018 Supp.) (importing into the District, possessing, displaying, offering for sale, trade, barter, exchange, or adoption, or giving as a household pet, any living member of the animal kingdom, including those born and raised in captivity, except the following: domestic dogs; domestic cats; domestic rodents and rabbits; captive-bred species of common cage birds, including chickens; non-venomous snakes, fish and turtles; ferrets; goats; sheep and racing pigeons); and

(i) D.C. Official Code § 8-1808(m) (2018 Supp.) (displaying, exhibiting, or otherwise moving animals in the District as part of a circus, carnival, or other special performance or event, without first obtaining a permit, issued by the Mayor, that governs the care and management of the animals).

3633.4 Violation of any of the following provisions shall result in a $100 fine:

(a) 24 DCMR § 900.1 (owning or keeping a dog that disturbs the quiet of a person or neighborhood);

(b) 24 DCMR § 900.5 (permitting a dog to enter onto private property without the consent of the owner or occupant of the property);

(c) 24 DCMR § 900.7 (permitting a dog to defecate or urinate on a public sidewalk; failure to remove and properly dispose of dog excrement);

(d) 24 DCMR § 901.15 (failure to affix and keep affixed to an animal' s collar or harness a valid vaccination tag);

(e) D.C. Official Code § 8-1804(b) (2018 Supp.) (an owner failing to obtain and renew an annual license for a dog over the age of four (4) months);

(f) D.C. Official Code § 8-1804.01(g) (2018 Supp.) (hobby permit holder permitting objectionable odors or noises that disturb the comfort or quiet of the neighborhood or committing a nuisance on public space or property owned by others);

(g) D.C. Official Code § 8-1808(d) (2018 Supp.) (removing the license of a dog without the permission of its owner);

(h) D.C. Official Code § 8-1808(h)(1) (2018 Supp.) (changing the natural color of a baby chicken, duckling, other fowl, or rabbit); and

(i) D.C. Official Code § 8-1808(h)(2) (2018 Supp.) (offering for sale a baby chicken, duckling, other fowl, or rabbit that has had its natural color changed).

3633.5 Fines issued under D.C. Official Code § 8-1808.02(a) for leaving an animal alone in a vehicle shall be in addition to the expenses incurred by the District in the care, medical treatment, and impound cost of the animal, that must be reimbursed by the owner or custodian.

3633.6 Fines issued under this chapter shall not preclude any other criminal or civil penalty or enforcement action provided by District law.

3633.7 For purposes of enforcement of this Chapter pursuant to Chapter 31 of this Title, the term "Director" shall mean the Director of the District of Columbia Department of Health or his or her designee.

D.C. Mun. Regs. r. 16-3633

Final Rulemaking published at 52 DCR 5045 (May 27, 2005); amended by Final Rulemaking published at 69 DCR 2162 (3/18/2022)