Statute in Full:
Alexandria, Virginia
Prince George County, Virginia
Alexandria Virginia
Code of Ordinances City of Alexandria Virginia
CHAPTER 7 Animals and Fowl
Charter Reference: Power of council with reference to animals and fowl, Sec. 2.04(p).
State Law Reference: Powers of municipalities to regulate, Code of Va., Sec. 15.1-870.
ARTICLE A General Provisions
§ 5-7-1 Swine prohibited.
§ 5-7-2 Keeping fowl.
§ 5-7-3 Keeping livestock.
§§ 5-7-4 through 5-7-10 reserved.
ARTICLE B Stables, Barns and Manure
§ 5-7-11 Receptacles for holding manure--to be kept near stables and barns.
§ 5-7-12 Same--top or lid of receptacle.
§ 5-7-13 Same--emptying receptacle.
§ 5-7-14 Cleaning floors.
§ 5-7-15 Flies as evidence of violation of article.
§ 5-7-16 Manure not to be deposited in public places.
§ 5-7-17 Permits for storing manure.
§§ 5-7-18 through 5-7-30 reserved.
ARTICLE C Dogs and Other Animals
§ 5-7-31 Definitions.
§ 5-7-32 Running at large prohibited.
§ 5-7-33 Owners and custodians not to let dogs or exotic or poisonous animals run at large.
§ 5-7-33.1 Running at large prohibited in public parks or playgrounds; owners not to let dogs run at large in public parks or playgrounds; keeping dogs under physical restraint in public parks or playgrounds.
§ 5-7-34 Impounding of dogs running at large; redemption of impounded dogs; disposition of unredeemed dogs.
§ 5-7-35 Keeping dogs under physical restraint.
§ 5-7-36 Vicious and dangerous dogs generally.
§ 5-7-36.1 Complaints of vicious and dangerous dogs; processing of complaints.
§ 5-7-36.2 Dangerous dog permit.
§ 5-7-37 Impounding of vicious dog; confinement of animal which has committed an attack.
§ 5-7-38 Inoculation of dogs against rabies.
§ 5-7-38.1 Inoculation of cats against rabies.
§ 5-7-39 Procedure as to dogs and cats suspected of having rabies.
§ 5-7-40 Reports of animal bites.
§ 5-7-41 When muzzles required, exception.
§ 5-7-42 Female dogs in season; allowing dog to urinate, etc.; noisy dogs; offensive odors from dogs; dogs prohibited on posted playground areas and on school grounds.
§ 5-7-42.1 Dog defecation in public parks or playgrounds.
§ 5-7-43 Powers of operators of animal shelter generally.
§ 5-7-44 Appointment and powers of chief animal control officer and deputy animal control officers.
§ 5-7-45 Killing certain animals that cannot be safely taken up and impounded.
§ 5-7-46 Penalties.
§ 5-7-47 License--required; disposition of revenue.
§ 5-7-48 Same--tax imposed; tax rates; expiration.
§ 5-7-49 Same--application; issuance; records to be kept.
§ 5-7-50 Same--components; information to be on tags.
§ 5-7-51 Same--preserving and displaying receipts; dogs to wear tags.
§ 5-7-52 Same--duplicate tags.
§ 5-7-53 Same--effect of a dog or cat not wearing collar bearing a tag.
§ 5-7-54 Same--maintenance of records.
§ 5-7-55 Same--transmittal of funds to director of finance.
§ 5-7-56 Making false statement to secure license.
§ 5-7-57 Limitation on number of dogs and cats kept per dwelling unit.
§§ 5-7-58 through 5-7-70 reserved.
ARTICLE D Pet Shops
§ 5-7-71 Definitions.
§ 5-7-72 Animal shelter executive director to administer article.
§ 5-7-73 Annual permit--required; nontransferable; term.
§ 5-7-74 Same--application; fees.
§ 5-7-75 Same--compliance with zoning regulations prerequisite to issuance.
§ 5-7-76 Same--issuance generally.
§ 5-7-77 Same--denial.
§ 5-7-78 Same--revocation and suspension; reinstatement.
§ 5-7-79 reserved.
§ 5-7-80 Appeal.
§ 5-7-81 Minimum standards for pet shop premises.
§ 5-7-82 Minimum standards for treatment of animals.
§ 5-7-83 Quarantine by director.
§ 5-7-84 Records to be kept.
§ 5-7-85 Penalty for violation of article.
§§ 5-7-86 through 5-7-90 reserved.
ARTICLE E Security Dogs
§ 5-7-91 Permit required.
§ 5-7-92 Definitions.
§ 5-7-93 Permit application.
§ 5-7-94 Premises requirements.
§ 5-7-95 Patrol dog requirements.
§ 5-7-96 Permit conditions.
§ 5-7-97 Suspension and revocation of permit.
§ 5-7-98 Appeal.
§ 5-7-99 Penalty.
ARTICLE A General Provisions
Cross References: Animals and fowl in foodhandling establishments, Title 11, Ch. 2; rat control, Title 11, Ch. 6.
Sec. 5-7-1 Swine prohibited.
(a) It shall be unlawful for any person to keep or allow to be kept any swine within the city.
(b) Violations of this section shall be punished by a fine of not less than $5 and not more than $10. Each day a violation exists or continues shall constitute a separate and distinct offense. (Code 1963, Sec. 4-1)
Sec. 5-7-2 Keeping fowl.
It shall be unlawful for any person to keep or allow to be kept within the city, within 200 feet of any residence or dwelling not occupied by such person, any fowl. The word "fowl," as used in this section, shall include, but is not limited to, chickens, hens, roosters, ducks, geese, pigeons or any domesticated barnyard bird. (Code 1963, Sec. 4-2)
Sec. 5-7-3 Keeping livestock.
(a) It shall be unlawful for any person to keep or allow livestock to be kept within the city on any area less than one and one-half acres in size or within 200 feet of any residence or dwelling not occupied by such person or within 25 feet of any property line. Not more than two head of adult livestock and their immature offspring may be kept on an area of one and one-half acres and not more than one head of livestock and its immature offspring on each additional one-half acre of land.
(b) The word "livestock," as used in this section, shall mean horses, ponies, mules, burros, cows, bulls, steers, calves, heifers, sheep and goats.
(c) This section shall not apply to livestock which are brought into and taken from the city within a 24-hour period and used for business purposes of livestock housed in the city for the purpose of historical carriage tours; provided, however, that all livestock used for carriage tours shall be subject to regulations established by the city manager which regulate the housing, maintenance and general working conditions of such animals.
(d) Violation of this section shall be punished, upon conviction, by a fine of not less than $5 and not more than $10. Each day a violation exists or continues shall constitute a separate offense. (Code 1963, Sec. 4-2.1; Ord. No. 2789, 4/12/83, Sec. 1)
Secs. 5-7-4 through 5-7-10 reserved.
ARTICLE B Stables, Barns and Manure
Sec. 5-7-11 Receptacles for holding manure--to be kept near stables and barns.
Every person, whether as owner, lessee, employee or agent operating or being in charge of any stable, barn or other place where horses, cows or other livestock are kept within the city, shall at all times keep and maintain, in or adjacent to the stable, barn or place, a flytight receptacle or box or bin of such size and construction and located and ventilated as may be approved by the director of public health, for receiving and holding manure and litter accumulating between the times of removal from the premises. (Code 1963, Sec. 4-3)
Sec. 5-7-12 Same--top or lid of receptacle.
The receptacle or box or bin referred to in the preceding section shall have a top or lid which shall be watertight and when closed shall exclude therefrom all flies. It shall be kept tightly closed at all times, except when it is necessary to open same to deposit or remove the manure from the receptacle, box or bin. (Code 1963, Sec. 4-4)
Sec. 5-7-13 Same--emptying receptacle.
The receptacle, box or bin referred to in section 5-7-11 of this code shall not be overfilled, and shall be completely emptied whenever filled and at least once each week from April 1 to November 1. (Code 1963, Sec. 4-5)
Sec. 5-7-14 Cleaning floors.
The floors of all stables or buildings named in section 5-7-11 of this code shall be cleaned daily and all manure and litter shall be removed to and deposited in the receptacle or box or bin, from April 1 to November 1. (Code 1963, Sec. 4-6)
Sec. 5-7-15 Flies as evidence of violation of article.
The presence of flies breeding in manure found on floors of stables, buildings or receptacles for manure shall constitute evidence that the provisions of this article are not being complied with. (Code 1963, Sec. 4-7)
Sec. 5-7-16 Manure not to be deposited in public places.
No manure shall be thrown or deposited in any alley, street or public place, or on any vacant lot within the city, but the scattering of manure on the lawn or garden for fertilizing purposes shall be permitted. (Code 1963, Sec. 4-8)
Sec. 5-7-17 Permits for storing manure.
No person shall store manure within the city without first receiving a written permit from the director of public health. (Coder 1963, Sec. 4-9)
Secs. 5-7-18 through 5-7-30 reserved.
ARTICLE C Dogs and Other Animals
Editorial Note: Section of Ord. No. 2774, adopted Feb. 22, 1983, changed the title of Art. C from "Dogs" to read as set out above. Subsequently, Ord. No. 4007, § 1, adopted June 13, 1998, amended Art. C, in its entirety, to read as herein set out. See the Ordinance Comparative Table.
Sec. 5-7-31 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this article, have the following meanings:
(a) Animal control officer. Any person appointed as the chief animal control officer or a deputy animal control officer under section 5-7-44 of this code.
(b) Animal shelter. The facility designated by the city manager for the detention of animals.
(c) Dangerous dog. Any dog which is capable of inflicting death or serious injury on a person or another animal and which:
(1) has, without provocation, attacked or bitten a person engaged in a lawful activity;
(2) has, while off the property of its owner and without provocation, killed or seriously injured another animal;
(3) has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack;
(4) has exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of persons or other animals without provocation; or
(5) has acted in a manner that causes or should cause its owner to know that it is potentially vicious.
(d) Dog. The word "dog" shall include both the male and female sex of the species.
(e) Commercial dog handler. Any person who boards, keeps, handles or walks dogs owned by another person for compensation.
(f) Dwelling unit. A group of one or more rooms designed or intended for use as a residence, including a single-family home, a townhouse, a duplex, a condominium and an apartment.
(g) Hearing dog. Any dog specially trained to alert its owner by touch to sounds of danger or other sounds to which the owner should respond.
(h) Law enforcement officer. Any employee of the Alexandria police department who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth.
(i) Owner. A person having a right of property in a dog or cat, and any person who keeps or harbors a dog or cat or has it in his care or control, or who acts as its custodian, including, but not limited to, a commercial dog handler and any person who permits a dog or cat to remain on or about any premises occupied by him.
(j) Run or running at large. Roaming or running off the premises of its owner not secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog.
(k) Seeing-eye dog. Any dog that is specially trained to serve as a guide for a blind person.
(l) Service dog. Any dog that is specially trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or performing other activities of service or support.
(m) Vicious dog. Any dog which:
(1) has caused death or serious injury to a person engaged in a lawful activity;
(2) has, on two or more occasions within a 12-month period, attacked or bitten without provocation a person engaged in a lawful activity;
(3) has, on two or more occasions within a 12-month period, while off the property of its owner and without provocation, killed or seriously injured another animal; or
(4) has been trained for dog fighting or is owned or kept for the purpose of dog fighting. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 1; Ord. No. 4163, 9/27/00, Sec. 1)
Sec. 5-7-32 Running at large prohibited.
No dog or exotic or poisonous animal shall run at large within the city at any time. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 2)
Sec. 5-7-33 Owners and custodians not to let dogs or exotic or poisonous animals run at large.
It shall be unlawful for the owner or custodian of any dog or exotic or poisonous animal to permit his dog or exotic or poisonous animal to run at large in the city at any time. Any owner or custodian who permits his exotic or poisonous animal to run at large shall, in addition to any penalty provided under this article, be liable for a fee determined by the city manager to cover the costs incurred by the city in locating and capturing, or otherwise disposing of, the animal. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 3)
Sec. 5-7-33.1 Running at large prohibited in public parks or playgrounds; owners not to let dogs run at large in public parks or playgrounds; keeping dogs under physical restraint in public parks or playgrounds.
(a) No dog shall run at large within any public park or playground at any time.
(b) It shall be unlawful for the owner of any dog to permit his dog to run at large in any public park or playground at any time.
(c) It shall be unlawful for the owner of any dog to permit the dog to be in a public park or playground unless it is kept secured by a leash, lead or other means of physical restraint which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog, or it is in a designated and posted dog exercise area, as provided in section 6-1-2.2 of this code.
(d) In addition to the officers identified in section 5-7-46, any city employee who is (1) specifically designated by the city manager, (2) wearing a uniform and (3) carrying identification may enforce the provisions of this section in accordance with the procedures set forth in section 5-7-46. As used in the subsection "uniform" shall mean a shirt, jacket or coat on which is permanently displayed and visible the seal of the city together with the name of the employee's department, office or agency, and "identification" shall mean a card or badge issued by the city to identify the employee by name and photograph, or badge number, and indicate that the employee is an authorized enforcement officer. (Ord. No. 4228, 12/11/01, Sec. 1)
Sec. 5-7-34 Impounding of dogs running at large; redemption of impounded dogs; disposition of unredeemed dogs.
(a) Any dog observed by an animal control officer or a law enforcement officer to be running at large shall be impounded and kept at the animal shelter. If the dog has upon it the name or address of the owner, or such name or address is otherwise known to the operators of the animal shelter, then the operators of the animal shelter shall notify the owner within 24 hours after seizure of the dog. If the dog has upon it a license tag, then the operators of the animal shelter shall notify the person in whose name the license stands within 24 hours after obtaining the name. Notice of the impounding shall be in writing by mail, postage prepaid, and shall be construed as having been given at the time of posting thereof. If the dog impounded has no name, address or license tag upon it and the owner is not otherwise known to the operators of the animal shelter, then no notice shall be necessary. Notwithstanding the above, whenever written notice is required the operators of the animal shelter shall, prior to mailing, make one reasonable attempt to give notice by telephone.
(b) The owner of any dog so impounded shall be entitled to possession of the dog upon proof of ownership satisfactory to the operators of the animal shelter and the payment of reasonable charges designated by the city manager for the impoundment of a dog and the keep of a dog; provided, however, that before release to any person:
(1) If the dog has not been inoculated against rabies, the provisions of section 5-7-38 of this code relative to inoculation shall be complied with at the owner's expense.
(2) If the dog is not licensed, a license as required by this article shall be secured.
(3) All the other applicable sections of this article shall be complied with.
(c) Any dog which has been impounded and has not been redeemed by the owner may be destroyed, or redeemed by and released to any person desiring to give the dog a home upon the payment of a reasonable charge designated by the city manager and upon compliance with the applicable provisions of this article; provided, that any dog shall be held for at least five days after impounding, and in those cases where it is required that notice be given the owner, held for at least five days after the required notice has been given.
(d) The sums collected pursuant to the provisions of this section shall be accounted for and promptly paid over to the director of finance for deposit in the general fund of the city. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 4)
Sec. 5-7-35 Keeping dogs under physical restraint.
(a) Except as provided below, it shall be unlawful for the owner of any dog to permit the dog to be off the premises of its owner unless it is kept secured by a leash, lead or other means of physical restraint which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog.
(b) The leash, lead or other means of physical restraint may be removed from a dog in a designated and posted dog exercise area, as provided in section 6-1-2.2 of this code.
(c) The leash, lead or other means of physical restraint may be removed from a dog on private property, other than the property of the owner; provided that the owner or person in control of such private property has permitted such dog to be present without a leash, lead or other means of physical restraint. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4163, 9/27/00, Sec. 2)
Sec. 5-7-36 Vicious and dangerous dogs generally.
(a) It shall be unlawful for any person to keep within the city any vicious dog. Upon finding that a dog is vicious, a court of competent jurisdiction may order the dog to be impounded and destroyed or to be removed from the city.
(b) It shall be unlawful for any person to keep within the city any dangerous dog, except in compliance with a permit issued by the city manager under section 5-7-36.2.
(c) Each day during which a person keeps a vicious dog in the city following the removal date set out in a notice from the chief animal control officer under section 5-7-36.1(c) shall constitute a separate offense for purposes of section 5-7-46. Each day during which a person keeps a dangerous dog in the city either without a permit issued by the city manager under section 5-7-36.1 or in violation of one or more of the conditions imposed by such a permit shall constitute a separate offense for purposes of section 5-7-46. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-36.1 Complaints of vicious and dangerous dogs; processing of complaints.
(a) Any person may make a verbal or written complaint to the chief animal control officer of a dog which the complainant believes to be vicious or dangerous. The complaint shall include sufficient information to enable the chief animal control officer to ascertain the location and owner of the dog and shall also include the reasons why the complainant believes the dog to be vicious or dangerous. In the case of a verbal complaint, the complaint shall be put in writing by the chief animal control officer. A copy of the complaint shall then be mailed by the chief animal control officer to the owner of the dog at the owner's last known address.
(b) Within 10 days of the making of the complaint, the chief animal control officer shall undertake an investigation to determine whether the dog identified in the complaint is vicious or dangerous. Such investigation shall include an opportunity for the owner of the dog to present evidence to the chief animal control officer pertinent to the viciousness or dangerousness of the dog, and may include interviews with the complainant and other persons having personal knowledge regarding the dog, and observations of the dog in its normal habitat.
(c) Upon completion of the investigation, the chief animal control officer shall determine whether the dog identified in the complaint is vicious or dangerous.
(1) If the chief animal control officer determines that the dog is neither vicious nor dangerous, he/she shall inform the complainant and the owner of the determination, and no further action shall be taken on the complaint.
(2) If the chief animal control officer determines that the dog is vicious, he/she shall put the determination in writing, as well as the reasons supporting it. The chief animal control officer shall then forward this written determination to the complainant and the owner and, in addition, shall notify the owner that the dog must be destroyed or removed from the city within seven days. If the owner fails to destroy or remove the dog within such period, the chief animal control officer shall recommend to the city manager that the city seek an order from a court of competent jurisdiction requiring that the dog be destroyed or removed from the city. Nothing in this section shall be construed as impairing or affecting in any way the authority of the chief animal control officer under section 5-7-37 to confine a dog identified in a complaint during the conduct of the investigation to determine whether the dog is vicious or dangerous.
(3) If the chief animal control officer determines that the dog is dangerous, he/she shall notify the city manager of the determination and of the requirements which should be included in the permit to be issued by the manager under section 5-7-36.2.
(d) The chief animal control officer may delegate the authority and responsibilities assigned to her by this section, or any part thereof, to any deputy animal control officer. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4165, 9/27/00, Sec. 1)
Sec. 5-7-36.2 Dangerous dog permit.
(a) Requirements; issuance; determination of dangerousness of dog. Upon receipt of a determination by the chief animal control officer under section 5-7-36.1(c) that a dog is dangerous, the city manager shall immediately issue to the owner of such dog a dangerous dog permit. This permit shall authorize the continued keeping of the dog within the city only so long as the owner complies with the requirements set forth in the permit. Such requirements shall include those recommended to the city manager by the chief animal control officer under section 5-7-36.1(c) and such others as the city manager determines necessary to ensure that no person or animal is injured by the dog. Permit requirements may include, but are not limited to, the following:
(1) that the dog wear a special and conspicuous form of identification (such as a blaze orange collar);
(2) that the owner immediately notify the chief animal control officer in the event the dog is loose and unconfined, has attacked or injured a human being or another animal, has been sold or given to another person, or has died;
(3) that the dog, while on the property of the owner, be confined indoors or in a securely enclosed and locked structure, suitable to prevent the entry of children and designed to prevent the dog from escaping;
(4) that the owner display one or more signs on his/her property which provide a clear warning to children of all ages and adults that a dangerous is present on the property;
(5) that, while off the owner's property, the dog be muzzled and/or restrained in a particular manner and be under the control of an adult;
(6) that the owner attend one or more educational classes on the responsible keeping of dangerous dogs; and
(7) that, upon request of the city manager, the owner make the dog available for inspection by the chief animal control officer.
(b) Reconsideration of requirements; hearing; evidence allowed; revocation of permit; modification of requirements.
(1) Within 10 days of receipt of a permit issued under subsection (a), the owner of the dog may request in writing the city manager to reconsider the determination that the dog is dangerous and/or some or all of the requirements set forth in the permit. Upon receipt of such a request, the city manager shall offer the owner an opportunity to present at an informal hearing evidence pertinent to the dangerousness of the dog and to the requirements identified in the request for reconsideration. Written notice of the date, time and place of such hearing, as well as of the person designated by the city manager to serve as the hearing officer, shall be sent to the owner and the complainant at least seven days prior to the hearing. At the hearing, in addition to receiving evidence from the owner and the complainant, the hearing officer may receive evidence from the chief animal control officer, a veterinarian, a licensed animal trainer, a humane society agent and any person having personal knowledge of the dog's condition.
(2) Within 10 days of the hearing, the hearing officer shall notify in writing the owner and the complainant of his/her decision whether to confirm the determination that the dog is dangerous and the requirements set out in the permit. If the hearing officer determines the dog not to be dangerous, the permit issued under subsection (a) shall be revoked and no further action shall be taken on the complaint. If the hearing officer confirms that the dog is dangerous but decides that certain requirements set out in the permit issued under subsection (a) are not necessary for the protection of the public and other animals, he/she shall delete or modify those requirements but otherwise confirm both the permit, as modified, and the owner's obligation to comply with it. If the hearing officer confirms the permit and the requirements set out in it, he/she shall also confirm the owner's obligation to comply with it.
(c) Compliance; removal of dog for noncompliance by owner. In the event an owner of a dangerous dog fails to comply with any of the requirements imposed by a permit issued under this section, the chief animal control officer shall notify the owner of his/her failure, and the owner shall have 10 days following receipt of the notice in which to come into compliance with the permit. If the owner fails to do so, the city manager is authorized to seek an order from a court of competent jurisdiction requiring that the dog be removed from the city.
(d) Request for rescission or modification of permit by chief animal control officer; fee; information required. An owner of a dangerous dog who believes that the dog is no longer dangerous within the meaning of section 5-7-31(d) or that certain requirements set out in the dog's permit are no longer necessary for the protection of the public and other animals may request the chief animal control officer to rescind the determination that the dog is a dangerous dog or to delete or modify those permit requirements; provided, that no such request may be made within the first 12 months following the initial determination that the dog is dangerous. Such a request must be accompanied by the fee required by subsection (e). In reviewing such a request, the chief animal control officer may require the owner to produce the dog for inspection, to allow the chief animal control officer to observe the dog in its natural habitat and to submit information pertinent to the dangerousness of the dog. In the event the chief animal control officer determines that the dog is no longer dangerous, the permit issued under this section shall be revoked. In the event the chief animal control officer determines that the dog still constitutes a dangerous dog but that certain requirements contained in the permit are no longer necessary, he/she may delete those conditions from the permit or modify them.
(e) Fees. The owner of any dog subject to a permit issued under this section shall pay to the chief animal control officer, within 10 days of the issuance of the permit or, if applicable, of a hearing officer's confirmation of the permit under subsection (b)(2), a fee of $150. Any owner requesting the rescission or modification of a permit under subsection (d) shall pay a fee of $50 at the time he/she makes the request.
(f) The chief animal control officer may delegate the authority and responsibilities assigned to her by this section, or any part thereof, to any deputy animal control officer. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 5)
Sec. 5-7-37 Impounding of vicious dog; confinement of animal which has committed an attack.
(a) Whenever a complaint is made to the chief animal control officer that a dog is vicious or dangerous, and the chief animal control officer undertakes an investigation to determine whether the dog identified in the complaint is vicious or dangerous, the dog in question shall be impounded and kept at the animal shelter, at the owner's expense, pending final disposition of the case, provided such animal is not destroyed as provided by section 5-7-39. If the chief animal control officer determines that the owner of the dog can confine the dog in a manner that protects the public safety, he may permit the owner to confine the dog at a location other than the animal shelter until final disposition of the case.
(b) Whenever a report is made, as provided by section 5-7-40, of a person having been bitten by an animal or a notice is received by the police department, the health department, an animal control officer or the operators of the animal shelter of an animal having bitten a person or another animal, and, in the case of a dog, no summons or notice of violation has been issued under section 5-7-37 charging maintenance of a vicious dog, an animal control officer shall forthwith issue an order to the owner of the animal directing that the animal be confined under quarantine and kept under observation on the premises of the owner, or of a private kennel for a period of 10 days following the issuance of the order at the expense of the owner, during which time the animal shall never leave the premises, and the order shall be served upon the owner by an animal control officer in the manner provided by section 8.01-296, Code of Virginia. If, within the ten-day period, an authorized representative of the director of public health or a licensed veterinarian reports that the animal shows no symptoms of rabies and, in the case of a dog, no summons or notice of violation has been issued under section 5-7-37, the animal shall be released from quarantine. If a report of rabies is made or if, in the case of a dog, a summons or notice of violation is issued before the expiration of the ten-day period, the animal shall be immediately removed by an animal control officer to the animal shelter pending a final disposition of the case; and costs to keep the animal at the animal shelter shall be charged to its owner.
(c) If an owner does not comply with the provisions of an order issued pursuant to this section within 24 hours from the time he is served, the animal in question shall be impounded by an animal control officer, at the animal shelter, and kept under observation at the owner's expense for a period of 10 days, and the owner shall be charged with a violation of this section. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 6; Ord. No. 4165, 9/27/00, Sec. 2)
Sec. 5-7-38 Inoculation of dogs against rabies.
It shall be the duty of every resident of the city owning or in possession of a dog four months old or older within the city to have such dog inoculated with an anti-rabic vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of dogs against rabies shall be borne by the owners of such dogs. The inoculation shall be made by any licensed veterinarian. A certificate of vaccination shall be presented by the veterinarian within 10 days after inoculation. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-38.1 Inoculation of cats against rabies.
(a) It shall be the duty of every resident of the city owning or in possession of a cat four months old or older within the city to have such cat inoculated with an anti-rabic vaccine approved by the director of public health, which inoculation shall be repeated as often as the director of public health may from time to time specify. The expense of inoculation of cats against rabies shall be borne by the owners of such cats. The inoculation shall be made by any licensed veterinarian.
(b) At the time of vaccination, a suitable and distinctive rabies tag and a certificate of vaccination shall be issued by the veterinarian to the cat's owner. The certificate shall certify that the cat in question has been vaccinated in accordance with this section. Such certificate shall show the date of vaccination, the rabies collar tag number, the date of required immunization, a brief description of the cat and its sex and breed, and the name of the owner. The certificate issued under this section shall be carefully preserved by the owner of the cat and exhibited promptly upon request for inspection by an animal control officer, a public health officer or any other law enforcement officer. One copy of the certificate required under this section shall be retained by the veterinarian and one copy shall be presented by the veterinarian to the health department for registration within 10 days after inoculation. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-39 Procedure as to dogs and cats suspected of having rabies.
Dogs and cats suspected of having rabies and exhibiting the common symptoms of this disease shall be impounded either at the animal shelter or at a private veterinarian's establishment in solitary confinement and kept under observation for a period of 10 days. At the time any dog or cat is impounded, an attempt shall be made by an animal control officer to determine whether the dog or cat has been previously inoculated against rabies. If it is found that the dog or cat has not been effectively inoculated or there is any doubt as to whether or not the dog or cat has in fact been inoculated, then the dog or cat shall be inoculated on the last day of the above-mentioned observation period. The director of public health is hereby given authority to cause to be destroyed any dog or cat which in his opinion has rabies, and to have the head of the dog or cat examined. All expenses in connection with the provisions of this section shall be borne by the owner of the dog or cat in question. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-40 Reports of animal bites.
(a) The owner of any animal which bites a person shall immediately notify an animal control officer, the health department or the police department of the biting.
(b) It shall be the duty of every physician and medical practitioner in the city and of every hospital in the city to report to an animal control officer or the health department the name and address of any person treated for bites or wounds inflicted by animals, together with all available information necessary for rabies control.
(c) It shall be the duty of every veterinarian practicing in the city to report to an animal control officer or the health department the name and address of the owner of any animal treated for bites or wounds inflicted by any other animal, together with all available information necessary for rabies control. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-41 When muzzles required, exception.
Whenever it becomes necessary to safeguard the public from the danger of hydrophobia, the city manager, with the written approval of the director of public health, may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises, unless the dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time covered by the proclamation shall be seized and impounded. This section shall not be construed to prevent the owner of a dog or the agent of the owner from taking the dog unmuzzled from the premises of the owner, if the dog is upon a leash. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-42 Female dogs in season; allowing dog to urinate, etc.; noisy dogs; offensive odors from dogs; dogs prohibited on posted playground areas and on school grounds.
The following conduct is declared a nuisance and is prohibited. Itshall be unlawful for the owner of a dog to:
(1) Fail to keep his female dog confined during the entire time the dog is in season in a building or secure enclosure in such a manner that the female dog cannot come into contact with a male dog except for planned breeding.
(2) Knowingly or willfully allow his dog to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises.
(3) Knowingly or willfully allow his dog to urinate or defecate on public property; provided, that urination by a dog on curbs of streets and in alleys, streets or areas designated and posted as dog exercise areas in accordance with section 6-1-2.2 shall not constitute a violation of this section; and provided further, that defecation by a dog on public property out of doors shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in a manner not inconsistent with the provisions of this section.
(4) Keep dogs which bark or howl to such extent as to annoy any resident or keep dogs in such a manner as to cause offensive odors.
(5) Permit his dog, except a seeing-eye, service or hearing dog, to go upon any public property posted by the city manager as a playground area, or upon the grounds of any public school. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4163, 9/27/00, Sec. 3)
Sec. 5-7-42.1 Dog defecation in public parks or playgrounds.
It shall be unlawful for the owner of a dog to knowingly or willfully allow his dog to defecate in any public park or playground; provided, that defecation by a dog in any public park or playground shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in an appropriate trash receptacle. In addition to the officers identified in section 5-7-46, any city employee who is (1) specifically designated by the city manager, (2) wearing a uniform and (3) carrying identification may enforce the provisions of this section in accordance with the procedures set forth in section 5-7-46. As used in the subsection "uniform" shall mean a shirt, jacket or coat on which is permanently displayed and visible the seal of the city together with the name of the employee's department, office or agency, and "identification" shall mean a card or badge issued by the city to identify the employee by name and photograph, or badge number, and indicate that the employee is an authorized enforcement officer. (Ord. No. 4228, 12/11/01, Sec. 2)
Sec. 5-7-43 Powers of operators of animal shelter generally.
The operators of the animal shelter shall have the following powers:
(a) to destroy unredeemed dogs, as provided in section 5-7-34;
(b) to destroy vicious dogs upon an order from the court, as provided in section 5-7-36;
(c) to receive and investigate complaints of and to make determinations regarding vicious and dangerous dogs, as provided in section 5-7-36.1;
(d) to receive, investigate and act upon requests to rescind or modify dangerous dog permits, gas provided in section 5-7-36.2;
(e) to impound and release dogs and to issue orders, as provided in section 5-7-37; and
(f) to destroy dogs as provided in section 5-7-39. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-44 Appointment and powers of chief animal control officer and deputy animal control officers.
A chief animal control officer shall be appointed by city council and may be removed by council or the city manager. The city manager may appoint one or more deputy animal control officers, who may be removed by the manager, to assist the chief animal control officer in the performance of her duties. The chief animal control officer and deputy animal control officers shall, within the city and subject to any limitations imposed as a condition of their appointment, have the powers of an animal control officer as conferred by the Code of Virginia (1950), as amended, the powers of a state game warden as conferred by the city charter in the enforcement of the dog laws of the city, and the power to enforce the provisions of this article and section 6-1-2.2 of this code. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4163, 9/27/00, Sec. 4)
Sec. 5-7-45 Killing certain animals that cannot be safely taken up and impounded.
If any vicious or dangerous dog or any dog, cat or other animal suspected of, or having rabies, found at large, cannot be safely taken up and impounded, the dog or other animal may be slain by any law enforcement officer. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-46 Penalties.
(a) Except as otherwise provided in subsection (b) below, a person shall be assessed a civil penalty of $50 for violating any provision of this article.
(b) A person shall be assessed a civil penalty of $100 for violating the provisions of sections 5-7-33.1 or 5-7-42.1 of this article.
(c) If an animal control officer or law enforcement officer determines that a violation of this article has occurred, he shall issue and serve, or cause to be served, a notice of violation on any and all persons committing the violation. The notice shall provide that the person served may elect to make an appearance, either in person or in writing by mail, before the treasurer of the city, and admit liability for or plead no contest to the violation and pay the civil penalty established for the violation, all within the time period set forth in the notice. If a person so notified does not elect to admit liability or to plead no contest, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided in civil actions at law. A finding or admission of liability or a plea of no contest shall not be deemed a criminal conviction for any purpose.
(d) A violation of the provisions of this article shall be an offense separate from a violation of the provisions of chapter 1 of title 6 of this code. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4228, 12/11/01, Sec. 3)
Sec. 5-7-47 License--required; disposition of revenue.
(a) It shall be unlawful for any person to own a dog or cat four months old or older within the city unless such dog or cat is licensed, as required by the provisions of this article.
(b) All dog and cat license taxes collected pursuant to this article shall be paid into the general fund from which sufficient funds for the operation and maintenance of the animal shelter may be provided, as authorized by council.
The owner of a dog or cat required to be licensed by this article shall obtain the license and pay the license tax within 30 days of moving into the city, acquiring the animal, or attainment of the required age by the animal, which ever is later.
The owner of a dog or cat with an existing license required by this article shall renew the animal's license and pay the license tax within 10 days after expiration of such animal's license. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4369, 12/18/04, Sec. 1)
Sec. 5-7-48 Same--tax imposed; tax rates; expiration.
(a) There is hereby imposed a license tax on dogs and cats required to be licensed by this article, as follows:
(1) For any male or female dog or cat the license tax for a one year license shall be $30 for a dog, and $10 for a cat, and the license tax for a three year license shall be $75 for a dog and $25 for a cat, except as provided in paragraphs (2), (3) or (4) below.
(2) For any spayed or neutered dog or cat, the license tax for a one year license shall be $10 for a dog, and $2 for a cat, and the license tax for a three-year license shall be $25 for a dog and $5 for a cat.
(3) For any hearing dog, seeing eye dog or service dog, a license shall be required but no license tax shall be charged.
(4) For any dog owned by a person 65 years of age or older, there shall be a $5 discount in the applicable license tax for a one-year license, and a $15 discount in the license tax for a three-year license.
(5) The owner of an animal required to be licensed by this article may elect to obtain a one-year license or a three-year license, and shall pay the corresponding license tax at the time the license is obtained.
(b) A one-year license shall be valid for a maximum period of 12 months from the date of issuance; provided, however, that the license shall expire on the last day of the month in which the rabies vaccination of the licensed animal expires.
(c) A three-year license shall be valid for a maximum period of 36 months from the date of issuance; provided, however, that the license shall expire on the last day of the month in which the rabies vaccination of the licensed animal expires. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4163, 9/27/00, Sec. 5; Ord. No. 4369, 12/18/04, Sec. 2)
Sec. 5-7-49 Same--application; issuance; records to be kept.
Any owner may obtain a dog or cat license by making a signed written application to the city manager or the manager's designee. The application shall contain the name, sex, age, breed and description of the dog or cat and the name and address of the owner, and shall be accompanied by the amount of the license tax and a certificate of vaccination or other evidence from a licensed veterinarian showing that the dog or cat is inoculated against rabies and the expiration date of the vaccination. Upon receipt of a proper application, accompanied by the amount of the license tax and a proper certificate of vaccination or other evidence, the city manager or the manager's designee shall issue a license receipt and an appropriate tag to the owner, and shall record upon the receipt and upon records maintained by the city the name and address of the owner, the date of issuance, the period of time for which issued and date of expiration of the rabies vaccination, the serial number of the license and the sex, age, breed and description of the dog or cat. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4369, 12/18/04, Sec. 3)
Sec. 5-7-50 Same--components; information to be on tags.
A dog or cat license shall consist of the receipt referenced in section 5-7-49 and a tag of a style adopted by the city. A tag shall be stamped or otherwise permanently marked to show the serial number, the calendar year for which issued and the name of the city. (Ord. No. 4007, 6/13/98, Sec. 1; Ord. No. 4101, 1/22/00, Sec. 7)
Sec. 5-7-51 Same--preserving and displaying receipts; dogs to wear tags.
Dog and cat licenses shall be carefully preserved and exhibited promptly upon request of any law enforcement officer, authorized agent of the director of public health, or animal control officer. Dog license tags shall be securely fastened by the owner to a substantial collar which shall be borne by the dog. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-52 Same--duplicate tags.
If a dog or cat license tag is lost, destroyed or stolen, the owner shall at once apply to the city manager or her designee for a duplicate license tag, presenting the original license receipt, if available. Upon affidavit of the owner that the original license tag has been lost, destroyed or stolen, the city manager or her designee shall issue a duplicate license tag which the owner shall immediately affix to the collar of the dog. The city manager or her designee shall endorse the number of the duplicate and the date issued on records of her office and on the face of the original license receipt, if available. The fee for a duplicate tag shall be $1. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-53 Same--effect of a dog or cat not wearing collar bearing a tag.
Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall be presumed to be unlicensed, and in any proceedings under this article the owner of such dog or cat shall have the burden of proving that the dog or cat is in fact licensed. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-54 Same--maintenance of records.
The city manager or her designee shall keep orderly lists and accounts with respect to receipts, disbursements, licenses issued, and how unsold tags are disposed of, and annually shall provide an accounting of her activities with respect to dogs and cats and dog and cat licenses for use by the director of finance. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-55 Same--transmittal of funds to director of finance.
All persons responsible for the issuance of dog and cat licenses and the collection of license taxes shall keep accurate records and shall transmit all funds collected to the director of finance at least every 30 days. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-56 Making false statement to secure license.
It shall be unlawful for any person to make a false statement in order to secure a dog or cat license. (Ord. No. 4007, 6/13/98, Sec. 1)
Sec. 5-7-57 Limitation on number of dogs and cats kept per dwelling unit.
(a) It shall be unlawful for any person to keep more than three dogs over four months of age or four cats over four months of age in any dwelling unit in the city.
(b) Any person who, on October 1, 1995, is lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with this article. However, it shall be unlawful for any such person to keep any dog or cat acquired after October 1, 1995, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section.
(c) This section shall not apply to any person authorized to operate a "kennel," as that term is defined in the City of Alexandria Zoning Ordinance. (Ord. No. 4007, 6/13/98, Sec. 1)
Secs. 5-7-58 through 5-7-70 reserved.
ARTICLE D Pet Shops
Sec. 5-7-71 Definitions.
For the purpose of this article, the following phrases and words shall have the meaning assigned below, except in those instances when the context clearly indicates a different meaning:
(1) Animals. Every species of animals, including but not limited to fish, fowl and primates.
(2) Pet shop. Any commercial establishment, maintained separately or in connection with another business enterprise, except for a licensed kennel, that sells or displays animals.
(3) Executive director. The animal shelter executive director or his duly authorized representative.
(4) Director. The director of public health of the city or his duly authorized representative.
(5) Cage. Any enclosure of limited space, except a fish tank, enclosed on the bottom and on all four sides by either solid walls or otherwise in which animals are placed for purposes of confinement.
(6) Rodent-proof. A state or condition not conducive to entry, feeding or harboring of rodents.
(7) Sanitary. A condition of good order and cleanliness and proper air circulation. (Code 1963, Sec. 4-23)
Sec. 5-7-72 Animal shelter executive director to administer article.
The executive director is hereby authorized and directed to administer and enforce this article, except for quarantines. (Code 1963, Sec. 4-24)
Sec. 5-7-73 Annual permit--required; nontransferable; term.
It shall be unlawful for any person to operate, establish or maintain within the city a pet shop without a valid non-suspended, non-revoked annual pet shop permit. No permit shall be transferable and every permit shall expire at the end of the calendar year for which it was issued unless sooner suspended or revoked as hereinafter provided. The permit required by this section shall be in addition to other permits and licenses required by local and state laws. (Code 1963, Sec. 4-25)
Sec. 5-7-74 Same--application; fees.
Before an annual pet shop permit shall be issued, an application therefor shall be made to the executive director on such form as may be prescribed by the executive director and an investigation shall be conducted by the executive director, which shall include an inspection of the premises whereon the pet shop is to be operated, established or maintained. A fee of $10 shall be deposited with the director of finance to defray the costs of investigation and matters incident to the permit. (Code 1963, Sec. 4-26)
Sec. 5-7-75 Same--compliance with zoning regulations prerequisite to issuance.
No permit for a pet shop shall be issued under this article unless the land upon which the pet shop is proposed to be operated, established or maintained or is operated, established or maintained is so zoned as to admit to the use intended. (Code 1963, Sec. 4-27)
Sec. 5-7-76 Same--issuance generally.
If the executive director shall be satisfied that the premises upon which the pet shop is to be operated, established or maintained complies with the standards of this article and all other pertinent local and state laws and that the application is otherwise in order, he shall issue or cause to be issued a permit authorizing the establishment, maintenance and operation of a pet shop. (Code 1963, Sec. 4-28)
Sec. 5-7-77 Same--denial.
The executive director shall refuse to issue a permit if he finds the applicant has willfully withheld or falsified any information on the application or if he finds that the premises (including equipment) whereon the pet shop is intended to be operated, established or maintained does not comply with the standards contained in this article and pertinent state laws. (Code 1963, Sec. 4-29)
Sec. 5-7-78 Same--revocation and suspension; reinstatement.
(a) The executive director may suspend a permit upon his finding that:
(1) the pet shop for which the permit has been issued is in violation of the standards contained in this article, or
(2) That the permittee has refused the executive director or director the right to inspect the premises or to examine the records required by this article.
(b) The executive director may revoke a permit for a period of at least one year upon a finding that:
(1) the permittee has been convicted of a violation of any state or local law dealing with pedigree, pet shops, or the humane treatment of animals, or
(2) that the permittee has been convicted of fraud or willful misrepresentation in connection with the sale of animals.
(c) Before any permit may be revoked or suspended, the executive director shall afford the permittee an opportunity to appear at a hearing before the executive director and show cause why such permit should not be revoked or suspended. Any revocation or suspension shall be in writing and served on the permittee either personally or by certified mail. The executive director may reinstate a suspended permit if no fact or condition any longer exists which would warrant the executive director to refuse to grant a permit under the provisions of this article and other applicable local laws. (Code 1963, Sec. 4-30)
Sec. 5-7-79 reserved.
Editorial Note: Ord. No. 3696, Sec. 1, adopted Jan. 22, 1994, repealed §§ 5-7-79 and 5-7-80, which pertained to the pet shop appeal board and appeal from permit denial, revocation, etc. of permit. Sec. 2 of said ordinance added new provisions designated as § 5-7-80 to read as herein set out. See the Ordinance Comparative Table.
Sec. 5-7-80 Appeal.
(a) In the event that any person is aggrieved by a denial, revocation of, suspension of or a refusal to reinstate, a permit under this article, such person may appeal the action of the executive director by filing a written notice of appeal with the consumer affairs commission ("commission"). The notice shall include the following information:
(1) the name and address of the appealing party;
(2) whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and
(3) a brief statement summarizing the legal and factual basis for challenging the action of the executive director.
(b) The appealing party shall file the notice of appeal within 15 days from the date of the notice of the executive director's action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.
(c) Upon the filing of a notice of appeal, the commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the party requesting the hearing. Notice of the date, time and place of the hearing and of the procedures to be followed shall be given to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.
(d) The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for the appealing party to have an attorney present at the hearing. The commission shall keep a written or taped record of the hearing for a period of three years.
(e) At the conclusion of the hearing, or within seven days thereafter, the commission shall either affirm, rescind or modify the executive director's action.
(f) Filing of a notice of appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the commission shall grant such a stay. (Code 1963, Sec. 4-32; Ord. No. 3696, 1/22/94, Secs. 1, 2)
Note: See the editorial note at § 5-7-79.
Sec. 5-7-81 Minimum standards for pet shop premises.
No pet shop shall be operated, established or maintained that does not comply with the following requirements:
(1) the premises shall be kept in a rodent-proof and sanitary condition, free of vermin and objectionable odors.
(2) all cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. All cages or enclosures shall at all times be equipped with food and water receptacles mounted or structured so that the animal cannot overturn, defecate or urinate therein, but must be removable for cleaning. Each cage must be of sufficient size so as to allow each animal to make normal postural adjustment with adequate freedom of movement. Proper screening shall be provided for cages to avoid contact with animals not kept therein. Cages shall have floors of solid construction.
(3) there shall be sufficient clean, dry bedding to meet the needs of each individual animal.
(4) the room temperature shall be maintained at a level which is appropriate and healthful for each particular species of animal kept therein. Adequate ventilation shall be maintained.
(5) there shall be available hot water at a minimum temperature of 160 degrees Fahrenheit for washing cages and disinfecting, and cold water easily accessible to all animals at all times.
(6) each bird cage shall contain at least two horizontal perches and provide sufficient perch space for every bird confined therein. Perches shall be placed horizontal to each other in the same cage, and shall not be aligned vertically. Bird cages shall be cleaned daily and disinfected each time a bird is sold.
(7) for purposes of health and sanitation, fish tanks shall be equipped with an efficient circulating pump and filter. The water temperature in a fish tank shall be maintained at a constant level appropriate for the fish confined therein.
(8) cages or tanks in which turtles of the amphibious type are confined must contain an amount of water sufficient for each turtle to drink and moisten itself. The floor area of tanks in which turtles are confined must contain a dry area sufficient for each turtle confined therein. (Code 1963, Sec. 4-33)
Sec. 5-7-82 Minimum standards for treatment of animals.
All pet shops shall comply with the following standards concerning treatment of animals:
(1) every reasonable precaution shall be taken to insure that no animal be teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or by any means.
(2) no condition shall be maintained that is injurious to the animals kept on the premises.
(3) no animal shall be given any alcoholic beverage, unless administered or prescribed by a licensed veterinarian for medical purposes.
(4) all animals must be fed every day, including Sundays and holidays, and have water available at all times, except as dictated by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. The diet shall be prepared with consideration for the age, species, condition and size of the animal. Cages and fish tanks must be kept cleaned.
(5) adult male and female animals, other than fish and birds, should not be confined or displayed in the same cage.
(6) infant animals may not be confined or displayed in the same cage with adult animals, except while nursing.
(7) pugnacious or vicious animals shall be isolated from other animals.
(8) confined animals shall be afforded exercise proper for the individual animal.
(9) all sick, diseased or maimed animals shall be reported by the permittee immediately to the executive director and shall thereafter, at the expense of the permittee, be under the control of an accredited veterinary until permanently cured or destroyed. No sick, diseased or maimed animals shall be sold or kept on the premises.
(10) animals shall not be without attention over 18 consecutive hours, and no animal, other than fish, shall be exposed to public view for more than 12 hours out of 24.
(11) large pet birds shall have separate cages from smaller birds.
(12) animals shall not be overcrowded.
(13) the shells of turtles shall not be painted, carved, or altered in any way, nor shall decals be affixed thereto. (Code 1963, Sec. 4-34)
Sec. 5-7-83 Quarantine by director.
The director may quarantine any animal or species of animal that is suspected of being infected with a disease which is a potential source of human disease. The quarantine shall remain in effect until the director is satisfied that the quarantined animal or animals are not a hazard to the public health and safety. (Code 1963, Sec. 4-35)
Sec. 5-7-84 Records to be kept.
Every pet shop permittee shall keep and maintain complete and accurate records for a period of one year relative to the disposition of all animals kept or displayed. The records shall show the date of sale, name and address of purchaser and other pertinent information the executive director may require. The records shall be available for inspection by the executive director and director. (Code 1963, Sec. 4-36)
Sec. 5-7-85 Penalty for violation of article.
It shall be unlawful for any person to violate any of the provisions of this article. In addition to the penalties set forth in section 5-7-78, any person violating any of the provisions of this article shall, upon conviction, be punished in accordance with section 1-1-7. (Code 1963, Sec. 4-37)
Secs. 5-7-86 through 5-7-90 reserved.
ARTICLE E Security Dogs
Historical Note: The provisions of this article are derived from Ord. No. 2516, 9/23/80 which amended the 1963 Code by adding a new Article III-A to Ch. 4.
Sec. 5-7-91 Permit required.
It shall be unlawful to keep, maintain or use any dog in the city for the purpose of protecting any commercially or industrially used property or person on such property unless a permit for the same shall have been obtained from the director in accordance with the provisions of this article and unless such permit shall remain unsuspended and unrevoked.
Sec. 5-7-92 Definitions.
Unless expressly stated otherwise, or the context clearly indicates a different intention, the following terms shall have the meanings indicated for the purposes of this article:
(1) Director. The director of the department of transportation and environmental services or his or her duly authorized representative. Such representative shall include the chief of the animal control division of the department of transportation and environmental services.
(2) Patrol dog. A dog that is trained or conditioned to attack or otherwise respond aggressively, but only upon command from a handler either off or on lead.
(3) Security dog. Any dog used, kept or maintained in the city for the purpose of protecting any person or property on property used commercially or industrially. Any such dog shall be further classified as a patrol dog, sentry dog or watch dog.
(4) Sentry Dog. A dog that is trained or conditioned to attack or otherwise respond aggressively without command.
(5) Valid permit. A permit that has been properly issued or renewed pursuant to this article and is currently not suspended, revoked, expired or otherwise terminated.
(6) Watch dog. A dog that barks and threatens to bite any intruder and that has not been specially trained or conditioned for that purpose.
Sec. 5-7-93 Permit application.
(a) An application for a security dog permit for a particular location at which a security dog will be used, kept or maintained shall be made by the dog's owner or agent to the director on a form prescribed by the director. An investigation shall then be conducted by the director which may include inspection of the premises where the animal is to work and a physical inspection of the dog. A fee of $10 shall be charged to cover the cost of investigation of matters relevant to the permit. Upon the determination of the director that the requirements of this article have been met and are capable of continuing to be met during the term of the permit, a permit for no more than one (1) year shall be issued to the applicant only for a particular dog or dogs and only for the particular property. An additional dog or dogs may be added to the permit, but only upon the approval of the director.
(b) The following information and/or documents must be provided for each dog on or with the application for a permit:
(1) the property, premises and location where the dog will be used, maintained and/or kept;
(2) name, address and telephone number of a veterinarian engaged, responsible, available for or familiar with the veterinary care and treatment of the dog;
(3) name, address and telephone number of the owner or custodian;
(4) a copy of the record of rabies inoculation by a licensed veterinarian that includes the date given and when it expires;
(5) description of the dog (breed, sex, color), identification marks, dog's name and tattoo number or symbol, if any;
(6) what type of training the dog has undergone;
(7) purpose for having the dog on the property;
(8) a copy of distemper shot receipts showing the dates given; and
(9) proof that the dog is properly licensed as required by state law.
Sec. 5-7-94 Premises requirements.
No permit shall be issued until nor remain valid unless the director is satisfied that the premises and location where the dog will be used, maintained or kept meet the following minimum requirements:
(1) Any area where the dog may run free on the premises shall be completely surrounded by a fence at least six (6) feet in height with attached anti-climbers or other suitable escape barrier or shall be completely covered.
(2) All gate entrances accessible to the dog shall be locked when the dog is on the premises and shall be checked regularly to ensure there is no breakage or opening that could permit escape.
(3) There shall be a building, structure or enclosure that is accessible to and that provides adequate protection against extreme weather conditions for each dog. Each such building, structure or enclosure shall be kept clean, dry and in a sanitary condition, shall have adequate ventilation, a burlap front flap or suitable substitute, a slanted root, space large enough for normal postural adjustments by each dog for which it is intended and a floor that is at least six (6) inches off the ground.
(4) Fresh water shall be available at all times to each dog.
(5) The premises shall be posted with readable signs which give notice of the presence of such dog or dogs and include an emergency telephone number. The sign must be of weatherproof material with red letters at least two (2) inches high on a white background. Language such as the following shall be deemed satisfactory: "Danger Warning: Security Dog Loose on Premises; In Case of Emergency Call: (Telephone Number)."
Sec. 5-7-95 Patrol dog requirements.
No permit for a patrol dog shall be issued until nor remain valid unless the director is satisfied that the following requirements have been and are being met:
(1) Each dog shall be tattooed with an individual number on the inside of the hind leg. The director is hereby authorized to establish an appropriate numbering system for this purpose; provided, however, that no dog shall be required to be tattooed a second time in order to comply with this article and any clear symbol or symbols previously tattooed on a dog shall be deemed satisfactory for the purpose of this article.
(2) The dog shall have and wear at all times a collar to which is attached a metal tag with the name, address and telephone number of its owner and/or custodian imprinted on it. Either the collar must be a substantial one and of bright orange color or the metal tag must be at least one and one-half (1 1/2) inches in diameter and of bright orange color.
(3) The dog is able to respond to the following commands by its handler, each of which shall be given the weight indicated in parentheses:
a. At the handler's side and on lead:
1. "sit" (semi-critical);
2. "down" (semi-critical);
3. "heel" (semi-critical);
4. "stay" (critical).
b. At a distance of 10 feet from the handler and off lead or a combination of on and off lead;
1. Same as above.
2. On a command of "stay," the dog must remain in a heel or sit position off leash and not attack when approached within four (4) feet by a person (critical).
3. The dog must cease pursuit of an agitator upon command, e.g., "stop," "halt" or "out," etc. (critical) and then return to the handler on the command of "heel" (semi-critical).
c. One (1) physical correction per four (4) commands is allowed. Dogs failing to respond to commands deemed critical shall not be evaluated as satisfactory for the purpose of this section. The director may require evaluation of any patrol dog at least annually and as often as he or she deems necessary to ensure the public health, safety and welfare.
(4) The handler or handlers of the patrol dog shall be registered as a guard dog handler with the Virginia Department of Commerce pursuant to the provisions of the Code of Virginia (1950), as amended, and shall also be registered with the director. The permit for the patrol dog shall be restricted to use in the city only by and with such a registered handler.
Sec. 5-7-96 Permit conditions.
Every permit shall be issued upon the condition that the applicable requirements and provisions of this article shall at all times be complied with and that the permit holder shall comply with and not violate any of the provisions of the Code of Virginia that relate to dogs or cruelty to animals.
Sec. 5-7-97 Suspension and revocation of permit.
(a) The director may suspend a permit upon the following grounds:
(1) false information provided in any application for a permit; or
(2) violation or failure to maintain or comply with the applicable requirements and provisions of this article.
(b) Such suspension of a permit shall continue until the grounds therefor have been corrected to the satisfaction of the director.
(c) The director may revoke a holder's permit or permits upon the following grounds:
(1) three or more suspensions of a holder's permit, whether they be for the same dog or not, within one year; or
(2) conviction of a permit holder of violation of any provision of article 7, chapter 8, title 18.2 of the Code of Virginia (1950), as amended, (section 18.2-392, et seq.; cruelty to animals).
(d) No such suspension or revocation shall be effective until the director shall have provided notice of the reasons therefor to the permit holder and afforded the holder an opportunity for a hearing on same.
Sec. 5-7-98 Appeal.
(a) In the event that any person is aggrieved by a denial, revocation or suspension of, or a refusal to reinstate, a permit under this article, such person may appeal the action of the director to the consumer affairs commission ("commission") by filing a written notice of appeal with the commission. The notice shall include the following information:
(1) the name and address of the appealing party;
(2) whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and
(3) a brief statement summarizing the legal and factual basis for challenging the action of the director.
(b) The appealing party shall file the notice of appeal within 15 days from the date of the notice of the director's action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.
(c) Upon the filing of a notice of appeal, the commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the party requesting the hearing. Notice of the date, time and place of the hearing and of the procedures to be followed at the hearing shall be given to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.
(d) The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for the appealing party to have an attorney present at the hearing. The commission shall keep a written or taped record of the hearing for a period of three years.
(e) At the conclusion of the hearing, or within seven days thereafter, the commission shall either affirm, rescind or modify the director's action.
(f) Filing of an appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the commission shall grant such a stay. (Ord. No. 3696, 1/22/94, Sec. 1, 3)
Sec. 5-7-99 Penalty.
Any person violating any provision of this article shall, upon conviction, be punished by a fine of not more than $300.
Prince George County, Virginia
Code of Ordinances County of Prince George
Chapter 6 ANIMALS*
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*Cross references: Environment, ch. 38; dumping trash, companion animals or other unsightly matter on highway, right-of-way or private property, § 54-24; animals in parks, § 58-16.
State law references: Comprehensive animal laws, Code of Virginia, § 3.1-796.66 et seq.; authority of county to adopt certain ordinances, Code of Virginia, § 3.1-796.94; county health regulations, Code of Virginia, § 15.2-1200.
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Article I. In General
Sec. 6-1. Definitions.
Sec. 6-2. Penalty.
Sec. 6-3. Position of animal control officer created.
Sec. 6-4. Lot boundary lines declared fences.
Sec. 6-5. Payment for poultry and livestock killed by stray dogs.
Sec. 6-6. Hunting with rifle of caliber larger than .22 rimfire; hunting of groundhogs with rifle larger than .22 rimfire; use of muzzle-loading rifles; legally handicapped hunting license.
Sec. 6-7. Abandonment.
Sec. 6-8. Cruelty.
Sec. 6-9. Hunting with firearms on or near secondary and primary highways.
Sec. 6-10. Burial or cremation.
Sec. 6-11. Unauthorized use of animal.
Sec. 6-12. Impoundment.
Sec. 6-13. Care of companion animals by owner.
Secs. 6-14--6-50. Reserved.
Article II. Dogs and Cats Generally
Division 1. Generally
Sec. 6-51. Dogs and cats deemed personal property.
Sec. 6-52. Poisoning or injuring.
Sec. 6-53. Duty of animal control officer upon finding stolen or detained dogs or cats.
Sec. 6-54. Dangerous or vicious dogs.
Sec. 6-55. Unauthorized removal of collar or tag from dog.
Secs. 6-56--6-80. Reserved.
Division 2. Dog License
Sec. 6-81. Required; term; tax; disposition of funds.
Sec. 6-82. Penalty for failure to obtain.
Sec. 6-83. Procedure for obtaining generally.
Sec. 6-84. Payment of license tax subsequent to summons.
Sec. 6-85. Contents.
Sec. 6-86. Display of receipts.
Sec. 6-87. Harboring or concealing unlicensed or mad dogs.
Sec. 6-88. False statements.
Secs. 6-89--6-110. Reserved.
Division 3. Dog License Tag
Sec. 6-111. Attachment to collar.
Sec. 6-112. Contents.
Sec. 6-113. Wearing by dog.
Sec. 6-114. Effect of dog not wearing collar and tag as evidence.
Sec. 6-115. Duplicates.
Sec. 6-116. Kennels.
Secs. 6-117--6-140. Reserved.
Division 4. Dogs Running at Large
Sec. 6-141. Enforcement.
Sec. 6-142. Dogs killing, injuring or chasing livestock or poultry.
Sec. 6-143. Diseased dogs running at large.
Sec. 6-144. Vicious or destructive dogs running at large.
Sec. 6-145. Reserved.
Sec. 6-146. Running at large prohibited in county.
Sec. 6-147. Restraint generally.
Sec. 6-148. Removal of excreta.
Sec. 6-149. Impoundment.
Secs. 6-150--6-180. Reserved.
Article III. Rabies Control
Division 1. Generally
Sec. 6-181. Enforcement.
Sec. 6-182. Rabies inoculation of dogs; availability of certificate.
Sec. 6-183. Vaccination of transient dogs.
Sec. 6-184. Wearing of vaccination tags by dogs.
Sec. 6-185. Impoundment and disposition of unvaccinated or untagged dog.
Sec. 6-186. Certificate of vaccination required prior to issuance of dog license.
Sec. 6-187. Report of animal bites.
Sec. 6-188. Rabid animals.
Sec. 6-189. Emergencies.
Sec. 6-190. Withholding information about possibly rabid animal.
Secs. 6-191--6-210. Reserved.
Division 2. Cat Inoculation
Sec. 6-211. Rabies inoculation of domesticated cats; availability of certificate.
Sec. 6-212. Running at large.
Sec. 6-213. Vaccination.
ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate feed means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.
Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
Agricultural animals means all livestock and poultry.
Ambient temperature means the temperature surrounding the animal.
Animal means any nonhuman vertebrate species except fish. For the purposes of section 6-188, animal means any species susceptible to rabies. For the purposes of section 6-8, animal means any nonhuman vertebrate species, including fish, except those fish captured and killed or disposed of in a reasonable and customary manner.
Animal control officer means a person appointed as an animal control officer or deputy animal control officer as provided in Code of Virginia, § 3.1-796.104.
Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity, including but not limited to a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.
Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
Enclosure means a structure used to house or restrict animals from running at large.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness.
Livestock includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Code of Virginia, § 3.1-73.6; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
Owner means any person who:
(1) Has a right of property in an animal;
(2) Keeps or harbors an animal;
(3) Has an animal in his care; or
(4) Acts as a custodian of an animal.
Poultry includes all domestic fowl and game birds raised in captivity.
(Code 1988, § 3-1; Ord. No. O-00-001, 1-11-2000)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, Code of Virginia, § 3.1-796.66.
Sec. 6-2. Penalty.
Except where otherwise provided in this chapter, any person who violates any provision of this chapter shall be guilty of a class 4 misdemeanor.
(Code 1988, § 3-2)
State law references: Offenses involving animals, Code of Virginia, §§ 3.1-796.128, 18.2-403.1 et seq.
Sec. 6-3. Position of animal control officer created.
(a) The board of supervisors shall appoint an officer to be known as the animal control officer who shall have the power to enforce this chapter and all laws for the protection of domestic animals. The board may also appoint one or more deputy animal control officers to assist the animal control officer in the performance of his duties. Animal control officers and deputy animal control officers shall have a knowledge of the animal control and protection laws of this state which they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law enforcement officer, as defined in Code of Virginia, § 9.1-101, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the county.
(b) The animal control officer and the deputy animal control officers shall be paid as the board shall prescribe.
(c) Animal control personnel shall also be governed by the county personnel code as adopted by the county and amended by the board of supervisors from time to time.
(Code 1988, § 3-3; Ord. No. O-00-001, 1-11-2000)
Cross references: Officers and employees, § 2-261 et seq.
State law references: Similar provisions, Code of Virginia, § 3.1-796.104.
Sec. 6-4. Lot boundary lines declared fences.
(a) The boundary lines of each lot and tract of land in this county shall be a lawful fence as to any and all domesticated or companion animals. The owners of animals shall be responsible for any and all damages done by their animals.
(b) It shall be unlawful for the owner, possessor or custodian of any animal to allow such animal to trespass on the premises of another after being requested by the owner or tenant not to allow such activity.
(c) It shall be unlawful for the owner, possessor or custodian of any animal to allow the animal to run at large upon the public highways or roads of the county. Animals may not run at large after entry of an order.
(Code 1988, § 3-4)
State law references: Authority for above section, Code of Virginia, § 55-310; damages for trespass by animals in crossing lawful fence, Code of Virginia, § 55-306 et seq.; impounding animals, Code of Virginia, § 55-308; animals may not run at large after entry of order, Code of Virginia, § 55-328.
Sec. 6-5. Payment for poultry and livestock killed by stray dogs.
No bills presented for payment for poultry or livestock killed by stray dogs shall be allowed until the bill is approved for payment by the county administrator.
(Code 1988, § 3-5; Ord. No. O-00-001, 1-11-2000)
State law references: Compensation for livestock and poultry killed by dogs, Code of Virginia, § 3.1-796.118.
Sec. 6-6. Hunting with rifle of caliber larger than .22 rimfire; hunting of groundhogs with rifle larger than .22 rimfire; use of muzzle-loading rifles; legally handicapped hunting license.
(a) Deer hunting with a shotgun loaded with slugs or a rifle of a caliber larger than .22 rimfire is prohibited in the county. However, hunting of groundhogs with a rifle of a caliber larger than .22 rimfire between March 1 and August 31 of each year is permitted, and a rifle of a caliber larger than .22 rimfire may be used for hunting all other game, bird and varmint species as allowed by state law and regulations.
(b) The use of muzzle-loading rifles during the prescribed open seasons for hunting of game species is permitted in the county. However, the use of such muzzle-loading rifle shall be only from a stand located at least ten feet in elevation above the ground; provided, however, that the requirement that the use of such muzzle-loading rifle be from a stand located at least ten feet in elevation above the ground shall be expressly inapplicable to all persons permanently and totally disabled, as defined in Code of Virginia, § 58.1-3217, and possessing a handicapped hunting license.
(c) It shall be unlawful for any person in the county to hunt, shoot, or kill with a rifle larger than .22 rimfire any deer or bear pursuant to the provisions of Code of Virginia, § 29.2-528. However, the use of rifled slugs shall be allowed when such deer or bear is killed pursuant to the provisions of Code of Virginia, § 29.1-529 only.
(d) Any person who violates the provisions of this section shall be guilty of a class 3 misdemeanor.
(Code 1988, § 3-6; Ord. No. O-00-002, 2-22-2000)
State law references: Hunting and trapping, Code of Virginia, § 29.1-510 et seq.
Sec. 6-7. Abandonment.
(a) The term "abandonment," for the purposes of this section, is defined as deserting, forsaking or intending to absolutely give up an animal without securing another owner or without providing the necessities set out in section 6-13.
(b) No person shall abandon any animal in the county.
(c) Violations of this section shall be punishable as a class 3 misdemeanor.
(Code 1988, § 3-111)
State law references: Abandonment of animals, Code of Virginia, § 3.1-796.73; cruelty to animals, Code of Virginia, § 3.1-796.122.
Sec. 6-8. Cruelty.
(a) For the purposes of this section, the term "animal" shall be construed to include birds and fowl.
(b) A person shall be guilty of a class 1 misdemeanor if the person:
(1) Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another;
(2) Deprives any animal of necessary food, drink, shelter or emergency veterinary treatment;
(3) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes;
(4) Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;
(5) Carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or
(6) Causes any of the things in subsections (b)(1) through (5) of this section or, being the owner of such animal, permits such acts to be done by another.
(c) Nothing in this section shall be construed to prohibit the dehorning of cattle.
(d) This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including but not limited to Code of Virginia, title 29.1, or to farming activities as provided under Code of Virginia, title 3.1, or regulations promulgated thereto.
(e) In addition to the penalties provided in subsection (b) of this section, the court may, in its discretion, require any person convicted of a violation of subsection (b) of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted.
(f) It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a class 1 misdemeanor.
(g) Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
(Code 1988, § 3-112)
State law references: Similar provisions, Code of Virginia, § 3.1-796.122.
Sec. 6-9. Hunting with firearms on or near secondary and primary highways.
(a) For the purpose of this section, the terms "hunt" and "attempt to hunt" shall not include the necessary crossing of primary or secondary highways in the county for the bona fide purpose of going into or leaving a lawful hunting area.
(b) It shall be unlawful for any person to hunt or attempt to hunt with a firearm any game bird or game animal while the hunting or attempting to hunt is within 100 yards of any primary or secondary highway in the county.
(c) Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor.
(Code 1988, § 3-7)
State law references: Hunting near highway, Code of Virginia, § 29.1-526.
Sec. 6-10. Burial or cremation.
(a) When the owner of any animal or fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried. If he fails to do so, any judge of a general district court, after notice to the owner, shall cause such dead animal or fowl to be cremated or buried by an officer or person designated for the purpose. If an owner cannot be ascertained, the owner of the property where such animal or fowl is found shall be responsible for the cremation or burial. Such officer or other person referred to in this subsection shall be entitled to recover for every animal the sum of $25.00 for animals or fowl under 100 pounds and $100.00 for animals or fowl over 100 pounds. These funds shall be delivered to the county treasurer to be deposited in the general fund of the county. Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor.
(b) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner.
(Code 1988, § 3-8)
State law references: Similar provisions, Code of Virginia, § 18.2-510.
Sec. 6-11. Unauthorized use of animal.
Any person who shall take or use any animal not his own, without the consent of the owner, and in the absence of the owner and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the animal, shall be guilty of a class 6 felony; provided, however, that if the value of such animal shall be less than $200.00, such person shall be guilty of a class 1 misdemeanor. The consent of the owner of an animal shall not in any case presume or imply because of such owner's consent on a previous occasion to the taking or using of such animal by the same or a different person. Any person who assists in or is a party or accessory to or an accomplice in any such unauthorized taking or using shall be subject to the same punishment as if he were the principal offender.
(Code 1988, § 3-113)
State law references: Similar provisions, Code of Virginia, § 18.2-102.
Sec. 6-12. Impoundment.
Whenever any animal is found trespassing upon any enclosed ground, the owner or tenant of such enclosed grounds shall have the right to take up such animal and impound the animal until the damages provided for by this chapter shall have been paid or until the animal control officer or his deputies shall lawfully handle the claims of damage or injury whereby the animal must be released to the animal control officer. The costs of taking up and impounding an animal shall be estimated as a part of the actual damage.
(Code 1988, § 3-115; Ord. No. O-00-001, 1-11-2000)
State law references: Similar provisions, Code of Virginia, § 55-308.
Sec. 6-13. Care of companion animals by owner.
(a) Each owner shall provide for each of his companion animals:
(1) Adequate feed;
(2) Adequate water;
(3) Adequate shelter that is properly cleaned;
(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;
(5) Adequate exercise;
(6) Adequate care, treatment, and transportation; and
(7) Veterinary care when needed or to prevent suffering or disease transmission.
(b) The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.
(c) Game and wildlife species shall be cared for in accordance with regulations promulgated by the state board of game and inland fisheries.
(Code 1988, § 3-110)
State law references: Duties of owner pertaining to animal welfare, Code of Virginia, § 3.1-796.68; cruelty to animals, Code of Virginia, § 3.1-796.122.
Secs. 6-14--6-50. Reserved.
ARTICLE II. DOGS AND CATS GENERALLY*
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*State law references: Comprehensive animal laws, Code of Virginia, § 3.1-796.66 et seq.; general powers of counties relating to dogs, Code of Virginia, § 3.1-796.84 et seq.
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DIVISION 1. GENERALLY
Sec. 6-51. Dogs and cats deemed personal property.
All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespassing.
(Code 1988, § 3-26)
State law references: Dogs and cats deemed personal property, rights relating thereto, Code of Virginia, § 3.1-796.127.
Sec. 6-52. Poisoning or injuring.
(a) It shall be unlawful for any person, except the owner or his authorized agent, to administer poison to any dog or cat; to expose poison where it may be taken by any dog or cat; or to injure, disfigure, disable or kill any dog or cat, except as otherwise provided in this article or state law. The owner of any dog or cat which is injured or killed contrary to the provisions of this article or state law by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person.
(b) Any person who violates this section shall be guilty of a class 1 misdemeanor.
(Code 1988, § 3-27)
State law references: Cruelty to animals, Code of Virginia, 3.1-796.122; recovery of damages for dog or cat injured or killed, Code of Virginia, 3.1-796.127; maiming, killing or poisoning animals or fowl, Code of Virginia, 18.2-144.
Sec. 6-53. Duty of animal control officer upon finding stolen or detained dogs or cats.
The animal control officer or other officer finding a stolen dog or cat or a dog or cat held or detained contrary to law shall have authority to seize and hold such dog or cat pending action before the general district court or other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, but it shall be his duty to notify the animal control officer, and the animal control officer may take such dog or cat in charge and notify its legal owner to remove it. The legal owner of the dog or cat shall pay a reasonable charge as the board of supervisors by ordinance shall establish for the keep of such dog or cat while in the possession of the animal control officer.
(Code 1988, § 3-28; Ord. No. O-00-001, 1-11-2000)
State law references: Similar provisions, Code of Virginia, § 3.1-796.127.
Sec. 6-54. Dangerous or vicious dogs.
(a) As used in this section:
Dangerous dog means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.
Vicious dog means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer as authorized by local ordinance pursuant to the provisions of subsection (e), that it is a dangerous dog, provided that its owner has been given notice of that finding.
(b) Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1-796.119.
(c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the board of supervisors prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog 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 or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, 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. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.
(d) The owner of any animal found to be a dangerous dog shall, within 10 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee of $50.00 or an amount as set by local ordinance but not to exceed the costs incurred by the county to administer this program, in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
(e) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.
(f) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.
(g) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.
(h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal:
(1) Is loose or unconfined;
(2) Bites a person or attacks another animal;
(3) Is sold, given away, or dies; or
(4) Has been moved to a different address.
(i) The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of the section shall be guilty of a class 1 misdemeanor.
(j) All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this section, shall be paid into a special dedicated fund in the treasury of the county for the purpose of paying the expenses of any training course required under Code of Virginia, § 3.1-796.104:1.
(k) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence that the animal has been neutered or spayed.
(l) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites.
(m) Notwithstanding the provisions of subsection (b) of this section, an animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this section. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits.
(Code 1988, § 3-29)
State law references: Similar provisions, Code of Virginia, § 3.1-796.93:1; local regulation of vicious dogs, Code of Virginia, § 3.1-796.100.
Sec. 6-55. Unauthorized removal of collar or tag from dog.
It shall be unlawful for any person, except the owner or custodian, to remove a collar or a legally required license tag from a dog.
(Code 1988, § 3-30)
State law references: When owner may remove license tag, Code of Virginia, § 3.1-796.92.
Secs. 6-56--6-80. Reserved.
DIVISION 2. DOG LICENSE*
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*State law references: Dog license, Code of Virginia, § 3.1-796.85 et seq.
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Sec. 6-81. Required; term; tax; disposition of funds.
(a) It shall be unlawful for any person to own a dog four months old or older in the county, unless such dog is licensed. A county dog license shall run from January 1 to December 31, inclusive, and shall be obtainable and payable at the office of the county treasurer and shall be as follows:
(1) For a male dog . . . $ 5.00
(2) For an unsexed (successfully spayed) female dog . . . 5.00
(3) For a female dog . . . 5.00
(4) For a kennel of 20 to 49 dogs . . . 15.00
(5) For a kennel of 50 or more dogs . . . 25.00
(b) All money collected by the county treasurer for dog license taxes shall be credited to the county's general fund deposited in an approved county depository selected by the treasurer and recorded in a separate revenue account.
(Code 1988, § 3-41)
State law references: How to obtain license, Code of Virginia, § 3.1-796.86; amount of license tax, Code of Virginia, § 3.1-796.87; when license tax payable, Code of Virginia, § 3.1-796.88.
Sec. 6-82. Penalty for failure to obtain.
Any person convicted of failure to pay the dog license tax imposed by this division prior to February 1 of any year or at such other time as may be required by this division on any dog four months of age or over and owned by him, in addition to other penalties, shall obtain the proper license for such dog forthwith. In addition, the court may order the confiscation and the proper disposition of the dog.
(Code 1988, § 3-42)
State law references: When license tax payable, Code of Virginia, § 3.1-796.88; penalty for failure to pay license tax when due, Code of Virginia, § 3.1-796.128.
Sec. 6-83. Procedure for obtaining generally.
Any resident of this county may obtain a dog license by making oral or written application to the county treasurer, accompanied by the amount of the license tax and a certificate of vaccination as required by this chapter. The treasurer shall license only dogs of resident owners or custodians who reside within the county and may require information to this effect from any applicant. Upon receipt of proper application and certificate of vaccination, the treasurer shall issue a license receipt for the amount paid, on which he shall record the name and address of the owner or custodian; the date of payment; the year for which issued; the serial number of the tag; the word "dog"; whether male, unsexed female, female or kennel; and shall deliver the metal license tags to the applicant.
(Code 1988, § 3-43)
State law references: Similar provisions, Code of Virginia, § 3.1-796.86.
Sec. 6-84. Payment of license tax subsequent to summons.
Payment of the dog license tax subsequent to a summons to appear before a court for failure to pay the license tax within the time required shall not operate to relieve such owner from any penalty for the violation of this division.
(Code 1988, § 3-44)
State law references: Similar provisions, Code of Virginia, § 3.1-796.103.
Sec. 6-85. Contents.
A dog license shall consist of a license receipt and a metal tag in the style and design described in section 6-112.
(Code 1988, § 3-45)
State law references: What dog license shall consist of, Code of Virginia, § 3.1-796.90.
Sec. 6-86. Display of receipts.
A dog license receipt shall be carefully preserved by the licensee and exhibited promptly on request for inspection by any animal control officer or other officer.
(Code 1988, § 3-46)
State law references: Similar provisions, Code of Virginia, § 3.1-796.92.
Sec. 6-87. Harboring or concealing unlicensed or mad dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax has not been paid or to conceal a mad dog to keep the dog from being killed.
(Code 1988, § 3-47)
State law references: Unlicensed dogs prohibited, Code of Virginia, § 3.1-796.85; rabid dogs and cats, Code of Virginia, § 3.1-796.98.
Sec. 6-88. False statements.
It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled or to receive special emergency services of the animal control officer that are not normally conducted except on an off-duty basis. Also, it shall be unlawful for any person to make a false statement in the commission of a felony.
(Code 1988, § 3-48; Ord. No. O-00-001, 1-11-2000)
State law references: Unlawful acts, penalties, Code of Virginia, § 3.1-796.128.
Secs. 6-89--6-110. Reserved.
DIVISION 3. DOG LICENSE TAG
Sec. 6-111. Attachment to collar.
Dog license tags shall be securely fastened to a substantial collar by the owner or custodian.
(Code 1988, § 3-61)
State law references: Similar provisions, Code of Virginia, § 3.1-796.92.
Sec. 6-112. Contents.
Dog license tags shall be stamped or otherwise permanently marked to show the name of the county, the sex of the dog and the calendar year for which issued, and shall bear a serial number.
(Code 1988, § 3-62)
State law references: Similar provisions, Code of Virginia, § 3.1-796.90.
Sec. 6-113. Wearing by dog.
(a) It shall be unlawful for the owner to permit any dog four months old or older to run or roam at large at any time without a collar and license tag, except that the owner of the dog may remove the collar and license tag required by this section when the dog:
(1) Is engaged in lawful hunting;
(2) Is competing in a dog show;
(3) Has a skin condition which would be exacerbated by the wearing of a collar;
(4) Is confined; or
(5) Is under the immediate control of its owner.
(b) The owner may elect to display an ID tag on the collar of such dog in lieu of the display of the county dog tag, providing this will not relieve the owner of buying county dog tags. The ID tag, if displayed, shall have the name of the owner and the telephone number or address where such person can be reached. Incorrect ID tags on dogs will be considered unlawful.
(Code 1988, § 3-63)
State law references: Similar provisions, Code of Virginia, § 3.1-796.92.
Sec. 6-114. Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed. In any proceeding under this chapter, the burden of proof of the fact that the dog has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog.
(Code 1988, § 3-64)
State law references: Similar provisions, Code of Virginia, § 3.1-796.89.
Sec. 6-115. Duplicates.
If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the county treasurer for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog shall be $1.00.
(Code 1988, § 3-65)
State law references: Similar provisions, Code of Virginia, § 3.1-796.91.
Sec. 6-116. Kennels.
The license tag for a kennel shall show the number of dogs authorized to be kept under such license and shall have attached thereto a metal identification plate for each of such dogs, numbered to correspond with the serial number of the license tag. The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and shall keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any animal control officer or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions of this article.
(Code 1988, § 3-66; Ord. No. O-00-001, 1-11-2000)
Secs. 6-117--6-140. Reserved.
DIVISION 4. DOGS RUNNING AT LARGE*
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*State law references: Power of county to prohibit the running at large of dogs, Code of Virginia, § 3.1-796.93; penalties for violations of comprehensive animal laws, Code of Virginia, § 3.1-796.128.
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Sec. 6-141. Enforcement.
It shall be the duty of the animal control officer or such other officers as may be designated by the board of supervisors to enforce the provisions of this division.
(Code 1988, § 3-81; Ord. No. O-00-001, 1-11-2000)
State law references: Enforcement of animal ordinances by animal control officer, Code of Virginia, § 3.1-796.104.
Sec. 6-142. Dogs killing, injuring or chasing livestock or poultry.
(a) It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith, whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog.
(b) Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned in this section. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer or has committed any of the depredations mentioned in this section, the district court shall order that the dog be (i) killed immediately by the animal control officer or other officer designated by the court or (ii) removed to another state which does not border on the commonwealth and prohibited from returning to the commonwealth. Any dog ordered removed from the commonwealth which is later found in the commonwealth shall be ordered by a court to be killed immediately.
(Code 1988, § 3-82; Ord. No. O-00-001, 1-11-2000)
State law references: Similar provisions, Code of Virginia, § 3.1-796.116.
Sec. 6-143. Diseased dogs running at large.
It shall be unlawful for the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises, if such disease is known to the owner.
(Code 1988, § 3-83)
State law references: Rabid dogs and cats, Code of Virginia, § 3.1-796.98.
Sec. 6-144. Vicious or destructive dogs running at large.
It shall be unlawful for any person to permit a vicious or destructive dog to run at large in the county.
(Code 1988, § 3-84)
State law references: Authority for above section, Code of Virginia, § 3.1-796.100.
Sec. 6-145. Reserved.
Sec. 6-146. Running at large prohibited in county.
(a) It shall be unlawful for the owner of any dog to permit or allow such dog to run or be at large within the county. A dog shall be deemed to be at large when off the property of its owner or custodian and not under the direct control of the owner, custodian or his agent, either by leash, cord or chain.
(b) This section shall not apply to any person while engaged in a supervised formal obedience training class or show or during field trials training, hunting training, or while engaged in lawful hunting with a dog during open season. It shall be unlawful for the owner of a dog to place such dog in the custody of any other person not physically capable of maintaining effective control of such dog.
(Code 1988, § 3-86)
State law references: Authority of county to prohibit the running at large of dogs, Code of Virginia, § 3.1-796.93.
Sec. 6-147. Restraint generally.
All dogs shall be kept under restraint. A dog under restraint shall mean any dog secured by a leash or lead or penned up or under the control of a responsible person and obedient to that person's commands or within the real property limits of its owner, provided that restraint of hunting dogs shall be as provided in state law.
(Code 1988, § 3-88)
Sec. 6-148. Removal of excreta.
The owner of every dog shall be responsible for the removal of excreta deposited by his dog on public recreation areas or on private property other than that of the owner.
(Code 1988, § 3-89)
Sec. 6-149. Impoundment.
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Animal does not include agricultural animals.
Rightful owner means a person with a right of property in the animal.
(b) Unrestrained animals or animals running at large in the designated portion of the county described in this division shall be taken by the animal control officer or such other officers as may be designated and impounded in an animal shelter and there confined in a humane manner. Impounded animals shall be kept not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the animal shelter, unless reclaimed by the owner.
(c) The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement. If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded.
(d) If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection (b) of this section, it shall be deemed abandoned and become the property of the pound. Such animal may be humanely destroyed or disposed of by the methods set forth in this subsection (d)(1) through (5) of this section. No pound shall release more than two animals or a family of animals during any 30-day period to any one person under this subsection (d)(2), (3) or (4) of this section.
(1) Release to any humane society, animal shelter, or other releasing agency within the commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;
(2) Adoption by a resident of the county and who will pay the required license tax, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;
(3) Adoption by a resident of an adjacent political subdivision of the commonwealth, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;
(4) Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no animal may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the pound may require that the sterilization be done at the expense of the person adopting the animal; or
(5) Release, for the purposes of adoption or euthanasia only, to an animal shelter or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency:
a. Maintains records that would comply with Code of Virginia, § 3.1-796.105;
b. Requires that adopted dogs and cats be sterilized;
c. Obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and
d. Has provided to the pound, animal shelter, or other releasing agency within the commonwealth a statement signed by an authorized representative specifying the entity's compliance with subsections (d)(5)a. through (d)(5)c. of this section and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.
For purposes of recordkeeping, release of an animal by a pound to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
(e) Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the state veterinarian.
(f) Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subsections (d)(1) through (5) of this section of an animal that has been released to a pound, animal shelter, other releasing agency, or animal control officer by the animal's rightful owner after the rightful owner has read and signed a statement:
(1) Surrendering all property rights in such animal;
(2) Stating that no other person has a right of property in the animal; and
(3) Acknowledging that the animal may be immediately euthanized or disposed of in accordance with subsections (d)(1) through (5) of this section.
(g) Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written statement of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The statement of the disinterested person shall be kept with the animal as required by Code of Virginia, § 3.1-796.105. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal.
(h) No pound shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and each pound shall update such statement as changes occur. The pound shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the pound has an affiliation with the foster care provider.
(i) A pound that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with Code of Virginia, § 3.1-796.68.
(j) If a pound finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.
(k) If any animal is claimed by its owner as specified in this section, such owner shall pay expenses for each day the animal is confined. If such owner refuses to pay for these expenses, the animal shall be deemed to be an unclaimed animal. Also, at the animal control officer's discretion, he may charge a pickup fee of $10.00 on animals found running at large.
(l) The following schedule of charges shall apply for animals confined at the animal shelter:
TABLE INSET:
Type of Service
Fee
(1) Euthanasia and burial . . . $25.00
(2) Pickup . . . 10.00
(3) Adoption . . . 10.00
(4) Pound, per day . . . 3.00
(5) Quarantine, per day . . . 5.00
(6) Cruelty impoundment, per day . . . 5.00
(Code 1988, § 3-90; Ord. No. O-00-001, 1-11-2000)
State law references: Confinement of stray dogs in county pounds, Code of Virginia, § 3.1-796.96.
Secs. 6-150--6-180. Reserved.
ARTICLE III. RABIES CONTROL*
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*Cross references: Environment, ch. 38.
State law references: Control of rabies by state, Code of Virginia, § 32.1-48.1 et seq.; local control of rabies, Code of Virginia, § 31.796.97 et seq.
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DIVISION 1. GENERALLY
Sec. 6-181. Enforcement.
This article shall be enforced by the animal control officer or by such other law enforcing officers as the board of supervisors may prescribe.
(Code 1988, § 3-101; Ord. No. O-00-001, 1-11-2000)
Sec. 6-182. Rabies inoculation of dogs; availability of certificate.
The owner or custodian of every dog four months of age and older shall have it currently vaccinated for rabies by a licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises. The supervising veterinarian on the premises shall provide the owner of the dog with a certificate of vaccination. The owner of the dog shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law enforcement officer, state veterinarian's representative, or official of the state department of health, the certificate of vaccination for such dog. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species.
(Code 1988, § 3-102)
State law references: Local regulations or actions to prevent spread of rabies, Code of Virginia, §§ 3.1-796.97, 3.1-796.97:1, 3.1-796.100.
Sec. 6-183. Vaccination of transient dogs.
Any person transporting a dog into the county from some other jurisdiction shall conform to the regulations contained in this division within 30 days from the day he brings such dog into the county, if such dog is to be kept in the county more than 30 days.
(Code 1988, § 3-103)
Sec. 6-184. Wearing of vaccination tags by dogs.
Vaccination tags shall be firmly attached to the dog's collar and shall be worn at all times when the dog is not on the owner's or custodian's property or in the immediate control of some responsible person.
(Code 1988, § 3-104)
Sec. 6-185. Impoundment and disposition of unvaccinated or untagged dog.
Any dog over the age of four months found in the county not vaccinated or not wearing an authentic vaccination tag shall be impounded by the official charged with enforcing this article for a period of five days, such period to commence on the day immediately following the day the dog is initially confined in the animal shelter. The owner of any such dog may secure the release of his dog by producing proof of ownership and either presenting an authorized rabies certificate or by having such dog properly restrained until vaccinated within 19 days of the time of release and paying the costs of impounding and caring for any such dog. At the expiration of the five-day period, any dog not so claimed by its owner or custodian shall be given to any person who will pay the cost of vaccination and impounding. Other dogs may be disposed of as provided in section 6-149.
(Code 1988, § 3-105)
Sec. 6-186. Certificate of vaccination required prior to issuance of dog license.
Any person making application for a dog license shall be required to present to the county treasurer a certificate of rabies vaccination properly executed and signed by a licensed veterinarian certifying that the dog in question has been vaccinated in accordance with the provisions of this division. When the dog license has been issued, the certificate of vaccination shall be so marked and returned to the applicant.
(Code 1988, § 3-106)
Sec. 6-187. Report of animal bites.
All animal bites of human beings shall be reported to the county health department within 24 hours after their occurrence. Such report shall include the name and post office address of the person bitten, the owner of the biting animal and a reasonable description of the animal. The responsibility of so reporting is mutually charged to attending physicians, veterinarians, owners of the biting animals and persons bitten, and any other persons who may have knowledge of this fact.
(Code 1988, § 3-107)
Sec. 6-188. Rabid animals.
(a) Any dog or cat, for which no proof of current rabies vaccination is available and which is bitten by an animal believed to be afflicted with rabies, shall be confined in a pound, kennel or enclosure approved by the health department for a period not to exceed six months at the expense of the owner; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the state veterinarian as provided in Code of Virginia, § 3.1-796.96. A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of confinement. Any dog or cat so bitten, with proof of a valid rabies vaccination, shall be revaccinated immediately following the bite and shall be confined to the premises of the owner or other site as may be approved by the local health department for a period of 45 days.
(b) At the discretion of the health officer, any animal which has bitten a person shall be confined under competent observation for ten days, unless the animal develops active symptoms of rabies or expires before that time. A seriously injured or sick animal may be humanely euthanized as provided in Code of Virginia, § 3.1-706.96, and its head sent to the division of consolidated laboratory services of the state department of general services or the county health department for evaluation.
(Code 1988, § 3-108)
State law references: Animal bites, Code of Virginia, § 3.1-796.98.
Sec. 6-189. Emergencies.
When there is sufficient reason to believe that a rabid animal is at large, the board of supervisors may pass an emergency ordinance, which shall become effective immediately upon passage, requiring owners of all dogs and cats to keep the dogs and cats confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by the rabid animal. Any such emergency ordinance enacted pursuant to this section shall be operative for a period not to exceed 30 days unless renewed by the board. The board may pass ordinances restricting the running at large of dogs and cats which have not been inoculated or vaccinated against rabies.
(Code 1988, § 3-109)
State law references: Restraint of certain animals in emergencies, Code of Virginia, § 3.1-796.98.
Sec. 6-190. Withholding information about possibly rabid animal.
It shall be unlawful for any person to knowingly withhold information from or knowingly give false information to any lawfully authorized governmental agent which would reasonably lead to the discovery or location and capture of any animal reasonably identifiable as one which has bitten a human being. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor.
(Code 1988, § 3-114)
Secs. 6-191--6-210. Reserved.
DIVISION 2. CAT INOCULATION*
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*State law references: Requiring rabies inoculation for cats, Code of Virginia, § 3.1-796.97:1.
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Sec. 6-211. Rabies inoculation of domesticated cats; availability of certificate.
The owner or custodian of every domesticated cat four months of age and older shall have it currently vaccinated for rabies by a licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises. The supervising veterinarian on the premises shall provide the custodian of the domesticated cat with a certificate of vaccination. The custodian of the domesticated cat shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law enforcement officer, state veterinarian's representative, or official of the state department of health, the certificate of vaccination for such cat. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species.
(Code 1988, § 3-122)
State law references: Similar provisions, Code of Virginia, § 3.1-796.97:1.
Sec. 6-212. Running at large.
It shall be unlawful for any person to allow any cat owned, kept, held or harbored by such person to run at large in the county, other than on the property owned or rented by such person, when the cat has not been currently vaccinated against rabies. The term "currently vaccinated against rabies" shall mean vaccinated or inoculated with a rabies vaccine or serum, and the time of the effectiveness of such rabies vaccine or serum vaccination shall not have expired.
(Code 1988, § 3-123)
Sec. 6-213. Vaccination.
Failure of a person who owns, keeps, harbors, or holds a cat in the county to produce a certificate of vaccination for rabies for such cat upon request by the animal control officer, a law enforcement officer, or a health officer, which shows that such cat is currently vaccinated, shall create a rebuttable presumption that such cat has not been currently vaccinated as required by this division, as the case may be.
(Code 1988, § 3-124; Ord. No. O-00-001, 1-11-2000)
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