Under this Virginia Beach ordinance, if a person knows or has reason to believe a dog is a guide dog or a leader dog and that person, without just cause, willfully impedes or interferes with said dog, then that person is guilty of a Class 3 misdemeanor and is subject to fines not to exceed more than $500. However, if a person knows or has reason to believe a dog is a guide dog or a leader dog and that person, without just cause, willfully injures said dog, then that person is guilty of a class 1 misdemeanor and is subject to fines not to exceed more than $2,500.
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Sec. 5-540. Intentional interference with a guide or leader dog; penalty.
(a) It is unlawful for a person to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a class 3 misdemeanor.
(b) It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a class 1 misdemeanor.
(c) As used in this section a "guide or leader dog" means a dog that:
(1) Serves as a dog guide for a blind person as defined in Code of Virginia § 51.5-60 or for a person with a visual disability;
(2) Serves as a listener for a deaf or hard-of-hearing person as defined in Code of Virginia § 51.5-111; or
(3) Provides support or assistance for a physically disabled or handicapped person.
(Ord. No. 3072, 3-24-09)
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Sec. 1-9. Classification of and penalties for violations; continuing violations.
(a) Whenever in this Code or any other ordinance of the city it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows:
(1) Class 1 misdemeanor: By a fine of not more than two thousand five hundred dollars ($2,500.00), or by confinement in jail for not more than twelve (12) months, or by both such fine and confinement.
(2) Class 2 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more than six (6) months, or by both such fine and confinement.
(3) Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00).
(4) Class 4 misdemeanor: By a fine of not more than two hundred fifty dollars, ($250.00).
(b) Whenever in any provision of this Code or in any other ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punished as prescribed in subsection (a)(1) above.
(c) Each day any violation of this Code or any other ordinance shall continue shall constitute a separate offense, except where otherwise provided.
(Code 1965, §§ 10-1, 10-1.1; Ord. No. 1992, § 1, 7-9-90; Ord. No. 2038, 2-26-91)
State law reference— Classification of misdemeanors and punishment therefor, Code of Virginia, §§ 18.2-9, 18.2-11; authority of city to provide penalties for violation of ordinances, Code of Virginia, § 15.1-901; authority of court trying case, upon conviction, to require bond conditioned that the person convicted will not violate the ordinance for the breach of which he was convicted for a period of not more than one year, Code of Virginia, § 15.1-902; injunctive relief for continuing violations of ordinances, Code of Virginia, § 15.1-905.
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