Virginia - Alexandria & Prince George County Animal Control Ordinances

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Virginia

Alexandria and Prince George County Animal Control Ordinances

Statute Details
Printable Version
Citation: Alexandria Sec. 5-7-1 - 99; Prince George County Sec. 6-1 - 213

Citation: Alexandaria Code 1963, Sec. 4-1 - Ord. No. 3696, 1/22/94, Sec. 1, 3; Prince George County Code 1988, � 3-1; Ord. No. O-00-001, 1-11-2000 - Code 1988, � 3-124; Ord. No. O-00-001, 1-11-2000

Summary: These ordinances comprise the municipalities of Alexandria and Prince George County, Virginia's animal control provisions.

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.

(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.

(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.