Does any agency of state or county government have the right and authority to destroy stray dogs which have not been vaccinated for rabies? Answer: Generally no, not unless they clearly constitute a danger to persons or other animals. ACA 20-19-202.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85-78 March 12, 1985 The Honorable Joe H. Hardegree Prosecuting Attorney 507 Hickory Street Mena, Arkansas 71953 Dear Mr. Hardegree: This office acknowledges receipt of your request for an opinion concerning the destruction of stray dogs. You inquire whether any agency of State or county government has the right and authority to destroy stray dogs which have not been vaccinated for rabies. Act No. 171 of 1945, §4 (compiled at Ark. Stat. Ann. 78-204) provides in pertinent part: Any dog termed a stray that is not vaccinated is subject to destruction. The Act does not specifically place responsibility for the destruction of stray unvaccinated dogs on the State Veterinary or any other officer. The foregoing statute must be read in light of general legal principles which treat dogs as "property" and which make the person who injures or kills a dog liable to the dog's owner. 145 A.L.R. 993. This Act must also be considered in light of recent court decisions which hold that property rights cannot be taken without a hearing. Sniadach v. Family Finance Corp., 395 U.S. 337 (1969); G.A.C. Transworld Acceptance Corp. vs. Jaynes Enterprises, Inc., 355 Ark. 752, 502 5.W.2d 651 (1973). it is the opinion of this Office that §4 of Act No. 171 of 1945 does not invest any governmental agency with the right and authority to kill stray dogs at random. Under common law principles, one is not liable for killing a dog which is dangerous to persons or other animals. Kanis v.- Rogers, 119 Ark. 120, 177 S.W. 413 (1915). Because of the the “Honorable Joe H. Hardegree March 12, 1985 Page 2 potentiality for liability, it is the opinion of this office that governmental officials should only kill dogs which clearly constitute a danger to persons or other animals. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Arnold M. Jochums. Sincerely, Attorney General JSC:AMJ:jkb