Amend Dangerous Dog Statutes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 385

Short Title: Amend Dangerous Dog Statutes. (Public)
Sponsors: Senators Meyer and Moffitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S385-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FO R A PROCEDURE FOR SE TTING ASIDE A POTENT IALLY 2
DANGEROUS DOG DESIGNATION. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 67-4.1 is amended by adding a new subsection to read: 5
"(d) Set Aside of Potentially Dangerous Dog Designation. – For purposes of this 6
subsection, "authority" means the county or municipal authority responsible for animal control. 7
An owner of a dog determined to be a "potentially dangerous dog" under subsection (c) of this 8
section may request in writing to the authority at any time more than 18 months after the date of 9
that determination that it be set aside by following the procedures in this subsection: 10
(1) Application and assessment required. – The request for set aside of the 11
potentially dangerous dog determination shall be made on an application 12
provided by the authority. The authority may charge a fee to cover the costs 13
of processing and review of the application. The application must also be 14
accompanied by an assessment of the dog completed by a person approved by 15
the authority and accredited by the Certification Council for Professional Dog 16
Trainers or another accrediting body recognized and approved by the 17
authority. The assessment must include, at a m inimum, an evaluation of the 18
behavior underlying the declaration that the dog was a potentially dangerous 19
dog and the owner's or keeper's ability to manage the dog. 20
(2) Factors considered in determination. – The authority shall consider all of the 21
following in reaching its determination: 22
a. The outcomes of the assessment described in subdivision (1) of this 23
subsection. 24
b. The nature of the original behaviors that led to the "potentially 25
dangerous dog" determination and any other reasons for the orig inal 26
determination. 27
c. The management and care of the animal since the determination. 28
d. Any changes in the animal's behavior since the declaration due to the 29
animal's age, environment, training, or other factors found to be 30
relevant by the authority. 31
(3) Decision on declaration. – The authority may revoke the declaration if, after 32
considering the application , the assessment, and the factors described in 33
subdivision (2) of this subsection , the authority determines the dog is no 34
longer potentially dangerous. The authority shall issue written findings to the 35
owner or keeper stating the basis for his or her decision and, if the authority 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 385-First Edition
has denied the revocation, the date upon which the owner or keeper may make 1
a new request that the determination be set aside. The authority's decision to 2
set aside or not set aside a potentially dangerous dog declaration is final and 3
not subject to any administrative or judicial appeal. No liability shall attach to 4
any municipality, county, or any employee or officer there of for a decision 5
made in accordance with this subsection." 6
SECTION 2. This act becomes effective October 1, 2025. 7