Chapter 62, ANIMALS
[HISTORY: Adopted by the Board of Supervisors of Shenandoah County 12-14-1999 by Ord. No. 99-7. This ordinance also supersedes former Ch. 62, Animals, which consisted of the following: Art. I, Dog License Tax, adopted 11-22-1988, as amended in its entirety 9-23-1997 by Ord. No. 97-7; Art. II, Dogs Running at Large, adopted 4-11-1995; and Art. III, Dangerous and Vicious Dogs, adopted 3-12-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Animal races and shows -- See Ch. 91.
Dead animals as nuisances -- See Ch. 117.
ARTICLE I, General Provisions
§ 62-1. Definitions.
The following words used in this chapter shall have the following meanings:
AGRICULTURAL ANIMALS -- All livestock and poultry.
ANIMAL -- Any nonhuman vertebrate species except fish. For the purposes of § 62-20, "animal" means any nonhuman species susceptible to rabies.
ANIMAL SHELTER -- A facility which is used to house or contain animals and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, animal rescue group or any other organization devoted to the welfare, protection and humane treatment of animals.
COLLAR -- A well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
EUTHANASIA -- 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 which causes painless loss of consciousness and death during such loss of consciousness.
HUMANE INVESTIGATOR -- A person who has been appointed by a circuit court as a humane investigator as provided in § 3.1-796.106 of the Code of Virginia.
KENNEL -- Any establishment in which five or more canines or hybrids are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling or showing.
LIVESTOCK -- Includes all domestic or domesticated bovine animals; equine animals; ovine animals; porcine animals; and animals of the genus Lama.
OWNER -- Any person who has a right of property in an animal, keeps or harbors an animal, has an animal in his care or acts as custodian of an animal.
POULTRY -- Includes all domestic fowl and game birds raised in captivity.
POUND -- A facility operated by the commonwealth or any locality for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals; or a facility operated for the same purpose under a contract with any County, city, town or incorporated society for the prevention of cruelty to animals.
RELEASING AGENCY -- A pound, animal shelter, humane society, animal welfare society, society for the prevention of cruelty to animals or other similar entity that releases a dog for adoption pursuant to Article VIII (§ 62-22 et seq.) of this chapter.
§ 62-2. Rules, regulations and guidelines.
The Board of Supervisors may promulgate rules and regulations or guidelines consistent with the objectives and intent of this chapter and of state law concerning the charge for impoundment of animals and operation of the pound.
§ 62-3. Position of animal control officer created.
A. The position of animal control officer is hereby created. The animal control officer shall have the power to enforce this chapter, all ordinances enacted pursuant to this chapter and all laws for the protection of domestic animals. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers (if any are appointed) shall have the power to issue a summons to any person found in the act of violating any such law or any ordinance of the County enacted pursuant to state law.
B. Shenandoah County may contract with one or more additional localities for enforcement of animal protection and control laws by the animal control officers or deputy animal control officers. Any such contract may provide that the locality employing the animal control officer or deputy animal control officers shall be reimbursed a portion of the salary and expenses of the animal control officer or deputy animal control officers.
§ 62-4. Training of animal control officers.
The animal control officer and deputy animal control officer shall be trained as required by state law.
ARTICLE II, Animal Welfare
§ 62-5. Responsible animal care.
It shall be unlawful for any owner or harborer of a domestic animal to fail to provide the following for his animal:
A. A sufficient quantity of good and wholesome food and water and adequate exercise.
B. Adequate protection and shelter from the weather.
C. Veterinary care when needed to prevent suffering or disease transmission.
D. Adequate care, treatment and transportation.
§ 62-6. Abandonment of animal; penalty.
No person shall abandon any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to an animal shelter, pound or humane society establishment.
§ 62-7. Sanitary condition of premises where kept.
The structure or building in which any dogs are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects.
ARTICLE III, Cruelty to Animals
§ 62-8. Cruelty to animals; penalty.
A. Any person who 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; or deprives any animal of necessary food, drink or shelter; or willfully sets on foot, instigates, engages in or in any way furthers any act of cruelty to any animal; or 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 causes any of the above things or being the owner of such animal permits such acts to be done by another shall be guilty of a Class 1 misdemeanor.
B. Any person who abandons any dog, cat or other domesticated animal in any public place, including the right-of-way of any public highway, road or street or on the property of another, shall be guilty of a Class 3 misdemeanor.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle.
D. For the purposes of this section and § 62-29, the word "animal" shall be construed to include birds and fowl.
E. This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under the Code of Virginia, including but not limited to Title 29.1, or to farming activities.
F. In addition to the penalties provided in Subsection A, the court may, in its discretion, require any person convicted of a violation of Subsection A 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.
G. 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.
ARTICLE IV, Vicious or Dangerous Dogs
§ 62-9. Dangerous or vicious dogs.
As used in this article, "dangerous dog" means a canine or canine crossbreed which has bitten, attacked or inflicted injury on a person or killed another dog, and "vicious dog" means a canine or canine crossbreed which has killed a person; inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health or serious impairment of a bodily function; or continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding.
§ 62-10. Regulation and control of dangerous or vicious dogs.
A. 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 or owner shall 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 this section. 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 § 62-30.
B. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. 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 committing, at the time, a crime upon the premises occupied by the animal's owner or custodian: committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or 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 which 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.
C. 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 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 which 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 subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
D. 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 of the animal's current rabies vaccination, if applicable, and 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 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 the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.
E. 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.
F. 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.
G. 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 is loose or unconfined; bites a person or attacks another animal; is sold, given away or dies; or has been moved to a different address.
H. The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor.
I. All fees collected pursuant to this article, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this article, 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 § 3.1796.105 of the Code of Virginia.
J. 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.
K. 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 $50,000, that covers animal bites.
ARTICLE V, Running at Large
§ 62-11. Disposition of stray animals.
The operator or custodian of the pound shall make a reasonable effort to ascertain if any dog running at large in the County has a collar, tag, license or tattooed identification. If such identification is found on the animal, a reasonable effort shall be made to return the animal to its owner before proceeding further under other provisions of this chapter or of state law.
§ 62-12. Dogs running at large generally.
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. For the purposes of this section, a dog shall be deemed to be "at large" while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control.
B. This section shall not apply to any person while engaged in a supervised, formal obedience training class or show, or during formally sanctioned field trials, or while engaged in lawful hunting with a dog during open season or during bona fide hunting or field trial dog training. It shall be unlawful for the owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.
C. All animals within any county park or recreation area must remain on a leash at all times, and under control of the handler at all times.
D. All animals are prohibited from children’s play areas within any county park or recreation area, and these areas shall be marked with signs indicating an animal-free area. Children’s areas are defined as playgrounds, including a 10' perimeter from the edge the playground, as well as all fenced ballfields, including dugouts, warm-up areas, and bleachers.
E. All animal owners shall clean-up and properly dispose of animal waste at all county park and recreation areas.
§ 62-13. Impoundment.
A. It shall be the duty of the animal control officer or other officer to take in charge any dog found running at large in violation of § 62-12 and to hold such dog at the County pound or animal shelter for a period of not less than five days, such period to commence on the day immediately following the day the dog is initially confined unless sooner claimed by the owner thereof. The operator or custodian of the pound shall make a reasonable effort to ascertain if the dog has a collar, tag, license, tattoo or other form of identification. If such identification is found on the dog, a reasonable effort shall be made to return the dog to its owner or place the dog for adoption before humanely destroying the dog. No dog with identification may be disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth or agency of another state. An additional five-day holding period shall be added to the holding period described above for any dog with a collar, tag, license, tattoo or other form of identification.
B. During the period of impoundment of a dog under this section, if the rightful owner may be readily identified the animal control officer shall notify the owner of the dog's confinement within 48 hours next following its confinement or conduct a diligent search to determine ownership of the dog. Accurate records shall be kept to document each attempt that is made to identify the owner and notify him of the impoundment.
C. Either a custodian of a dog or an individual who has found a dog may qualify as owner and may claim the dog by expressing his desire, in writing, to claim the dog at the expiration of the five-day period set out herein after payment of the required adoption and license fee. A rightful owner claiming a dog impounded under this section shall, in order to obtain its release, pay to the County an impoundment fee as established from time to time, plus $5 for each day that the dog is confined at the pound, which amount reflects the expenses incurred in keeping the dog impounded. If the animal impounded is a large domestic animal, the rightful owner shall, in order to obtain its release, pay to the County the impoundment fee, plus $8 for each day that the animal is confined at the pound, which amount reflects the expenses incurred in keeping the animal impounded. If a livestock trailer is required to transport large domestic animal(s) for impoundment, a hauling fee as established from time to time per trip will be charged to the rightful owner, in addition to the above fees.
D. If a dog impounded under this section has not been claimed by and released to its owner within the five-day period referred to in Subsection A above, it shall be deemed abandoned and become the property of the pound. If such abandoned animal did not bear a collar, tag, license, tattoo or other form of identification when delivered to the animal pound, it may be humanely destroyed or disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth or agency of another state, provided that such agency or institution agrees to confine the animal for an additional period of not less than five days or by delivery to any local humane society or shelter or to any person who is a resident of the County and who will pay the required license tax on such dog; provided, however, that no dog shall be delivered to a laboratory for research purposes. Such dog may also be delivered to any person who proposes to adopt it as a pet and who will pay the required license tax on it, provided that no more than two animals or a family of animals shall be delivered during any thirty-day period to any one such person.
E. No provision in this section shall prohibit the destruction by the animal control officer of a critically injured or critically ill animal for humane purposes. Any animal destroyed pursuant to the provisions of this section shall be euthanized by one of the methods described or approved by the state veterinarian. Neither shall any provision in this section prohibit the destruction, for humane purposes, of any animal not weaned, whether or not the animal is critically injured or critically ill.
F. Nothing in this section shall prohibit any animal not bearing a collar, tag, tattoo or other form of identification which, based on the written certification 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 pound, unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal as required by § 3.1-796.105, of the Code of Virginia. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the pound. Whenever the word "pound" is used in this article it shall be deemed to mean either "pound" or "animal shelter."
§ 62-14. Kennels and kennel dogs generally; display of license tag; disposition of identification plates.
The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and 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 law enforcement officer upon request.
§ 62-15. Permitting kennel dogs to stray beyond limits of enclosure.
A kennel dog shall not be permitted to stray beyond the limits of the kennel enclosure, but this restriction shall not operate to prohibit dogs from being temporarily removed from the kennel while under the control of the owner or custodian to exercise, hunt, breed, show or to engage in field trials.
ARTICLE VI, Killing or Injuring Livestock, or Poultry or Other Domestic Animals
§ 62-16. Killing or injuring livestock or poultry.
A. It shall be the duty of the 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 license tag or not. Any other 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.
B. The general district court or circuit 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; any dog killing poultry for the third time shall be considered a confirmed poultry killer.
C. If any person, including the animal control officer, has reason to believe that any dog is killing livestock or committing any of the depredations mentioned in this section, he shall apply to a magistrate of the County, who shall issue a warrant requiring the owner or custodian, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard, and if it shall appear that such dog is a livestock killer or has committed any of the depredations mentioned in this section, the dog shall be ordered killed immediately, which the animal control officer or other officer designated by the judge of the general district court to act shall do or 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.
§ 62-16.1. Compensation for livestock and poultry killed by dogs.
Any person who has livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl, provided that: the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. "Exhaustion" shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.
§ 62-17. Killing domestic animals other than livestock or poultry.
A. It shall be the duty of the animal control officer who has reason to believe that any dog in the County is killing other dogs or domestic animals other than livestock or poultry to apply to a magistrate of the County for the issuance of a warrant requiring the owner or custodian, if known, to appear before a district court at the time and place named therein, at which time evidence shall be heard.
B. The animal control officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered by the court.
C. The general district court shall have the power to order the animal control officer or other officer to euthanize any dog which the evidence shows has habitually killed other dogs or domestic animals.
§ 62-18. Disposal of dead dogs.
A. Any person, including the animal control officer or other officer, killing a dog under this article shall cremate, bury or otherwise render the body of such dog.
B. The owner of any dog which has died from disease or other cause shall forthwith cremate or bury the body of such dog. If, after notice, any owner fails to comply with this section, the animal control officer or other officer shall bury or cremate the dog and may recover, on behalf of the County, from the owner his cost for this service.
ARTICLE VII, Rabies
§ 62-19. Rabies inoculation of dogs; availability of certificate.
The owner or custodian of all dogs four months of age and older shall have them 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 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.
§ 62-20. Rabid animals.
A. Dogs showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog shall be euthanized by one of the methods approved by the State Veterinarian as provided in § 3.1-796.96 of the Code of Virginia.
B. Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the local health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies.
C. Any dog, for which no proof of current rabies vaccination is available and which is exposed to rabies through a bite, or through saliva or central nervous system tissue in a fresh open wound or mucous membrane by an animal believed to be afflicted with rabies, shall be confined in a pound, animal shelter, 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 shall be euthanized by one of the methods approved by the State Veterinarian as provided in § 3.1-796.96 of the Code of Virginia. A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of confinement. Any dog so bitten or exposed to rabies through saliva or central nervous system tissue in a fresh open wound or mucous membrane 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 90 days.
D. At the discretion of the director of a local health department, any animal which has bitten a person shall be confined under competent observation for 10 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 § 3.1-796.96 of the Code of Virginia and its head sent to the Division of Consolidated Laboratory Services of the Department of General Services, or the local health department for evaluation.
E. When any potentially rabid animal, other than a dog, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue in a fresh open wound or mucous membrane, that animal shall be confined at the discretion of a local health director in a manner approved by the health department or humanely euthanized as provided in § 3.1-796.96 of the Code of Virginia and its head sent to the Division of Consolidated Laboratory Services of the Department of General Services or the local health department for evaluation.
F. When any animal, other than a dog, is exposed to rabies through a bite, or through saliva or central nervous system tissue in a fresh open wound or mucous membrane by an animal believed to be afflicted with rabies, that newly exposed animal shall be confined at the discretion of a local health director in a manner approved by the health department or humanely euthanized as provided in § 3.1-796.96 of the Code of Virginia.
§ 62-21. Inoculation for rabies at animal shelters. [Amended 3-26-2002 by Ord. No. 02-4]
Dogs and cats being adopted from an animal shelter or pound during the period an emergency ordinance is in force, as provided for in Virginia Code § 3.1-796.98, may be inoculated for rabies by a certified animal technician at such shelter if the certified animal technician is under the immediate and direct supervision of a licensed veterinarian.
ARTICLE VIII, Mandatory Sterilization of Dogs and Cats Adopted from Releasing Agencies [Amended 3-26-2002 by Ord. No. 02-4]
§ 62-22. Sterilization of adopted dogs and cats; enforcement; civil penalty.
A. Every new owner of a dog or cat adopted from a releasing agency shall cause the dog or cat to be sterilized pursuant to the agreement required by Subsection B(2) of this section.
B. A dog or cat shall not be released for adoption from a releasing agency unless:
(1) The animal has already been sterilized; or
(2) The individual adopting the animal signs an agreement to have the animal sterilized by a licensed veterinarian within 30 days of the adoption if the animal is sexually mature or within 30 days after the animal reaches six months of age if the animal is not sexually mature at the time of adoption.
C. A releasing agency may extend for 30 days the date by which a dog or cat must be sterilized on presentation of a written report from a veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and the releasing agency may negotiate the terms of an extension of the date by which the animal must be sterilized.
D. Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the releasing agency and the new owner.
E. Upon the petition of an animal control officer, humane investigator, the State Veterinarian or a State Veterinarian's representative to the district court of the County or city where a violation of this article occurs, the court may order the new owner to take any steps necessary to comply with the requirements of this article. This remedy shall be exclusive of and in addition to any civil penalty which may be imposed under this article.
F. Any person who violates Subsection A or B of this section shall be subject to a civil penalty not to exceed $50.
§ 62-23. Sterilization agreement.
Any agreement used by a releasing agency pursuant to Subsection B of § 62-22 shall contain:
A. The date of the agreement.
B. The names, addresses and signatures of the releasing agency and the new owner.
C. A description of the dog or cat to be adopted.
D. The date by which the dog or cat is required to be sterilized.
E. A statement printed in conspicuous, bold print that sterilization of the dog or cat is required under this article; that a person who violates this article is subject to a civil penalty; and that the new owner may be compelled to comply with the provisions of this article.
§ 62-24. Sterilization confirmation; civil penalty.
Each new owner who signs a sterilization agreement shall, within seven days of the sterilization, cause to be delivered or mailed to the releasing agency written confirmation signed by the veterinarian who performed the sterilization. The confirmation shall briefly describe the dog or cat; include the new owner's name and address; certify that the sterilization was performed; and specify the date of the procedure. Any person who violates this section shall be subject to a civil penalty not to exceed $150.
§ 62-25. Notification concerning lost, stolen or dead dog or cats; civil penalty.
If an adopted dog or cat is lost or stolen or dies before the animal is sterilized and before the date by which the dog or cat is required to be sterilized, the new owner shall, within seven days of the animal's disappearance or death, notify the releasing agency of the animal's disappearance or death. Any person who violates this section shall be subject to a civil penalty not to exceed $25.
§ 62-26. Exemptions.
This article shall not apply to an owner reclaiming his dog or cat from a releasing agency.
§ 62-27. Releasing agency; fees and deposits.
The County or releasing agency may charge and collect from the new owner a reasonable fee or deposit as determined from time to time before releasing a dog or cat for adoption to ensure sterilization.
§ 62-28. Civil penalties.
Any animal control officer, humane investigator, the State Veterinarian or State Veterinarian's representative shall be entitled to bring a civil action for any violation of this article which is subject to a civil penalty. Any civil penalty assessed pursuant to this article shall be paid into the treasury of the County and used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of dogs or cats.
ARTICLE IX, Seizure and Impoundment
§ 62-29. Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale.
A. Agricultural animals.
(1) Any humane investigator, law enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. Before seizing or impounding any agricultural animal, such humane investigator, law enforcement officer or animal control officer shall contact the State Veterinarian or a State Veterinarian's representative, who shall recommend to such person the most appropriate action for the disposition of the agricultural animal. The humane investigator, law enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the commonwealth of the recommendation. The humane investigator, law enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if:
(a) The owner or tenant of the land where the agricultural animal is located gives written permission;
(b) A court so orders; or
(c) The owner or tenant of the land where the agricultural animal is located cannot be immediately located and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained.
(2) If there is a direct and immediate threat to an agricultural animal, the humane investigator, law enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the disposition of the animal and any other information required by the State Veterinarian.
(3) Upon seizing or impounding an animal, the humane investigator, law enforcement officer or animal control officer shall petition the general district court in the city or County wherein the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned or has been cruelly treated.
B. The humane investigator, law enforcement officer or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law enforcement officer or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.
C. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The commonwealth shall be required to prove its case beyond a reasonable doubt.
D. The humane investigator, law enforcement officer or animal control officer shall provide for such animal until the court has concluded the hearing. The County may require the owner of any animal held pursuant to this subsection for more than 30 days to post a bond in surety with the County for the amount of the cost of boarding the animal until the conclusion of the hearing but not in excess of nine months. If the court determines that the animal has been neither abandoned nor cruelly treated, the animal shall be returned to the owner. If the court determines that the animal has been abandoned or cruelly treated, then the court shall order that the animal be sold by the County; humanely destroyed or disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state or a licensed federal dealer having its principal place of business located within the commonwealth; delivered to any local humane society or shelter or to any person who is a resident of Shenandoah County or an adjacent County or city in the commonwealth and who will pay the required license fee, if any, on such animal; or delivered to the person with a right of property in the animal as provided in Subsection E.
E. In no case shall the owner be allowed to purchase, adopt or otherwise obtain the animal if the court determines that the animal has been abandoned or cruelly treated; however, the court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment or cruel treatment is not attributable to the actions or inactions of such person.
F. The court shall order the owner of any animal determined to have been abandoned or cruelly treated to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section to the provider of such care.
G. The court may prohibit the possession or ownership of other animals by the owner of any animal found to have been abandoned or cruelly treated. In making a determination to prohibit the possession or ownership of animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical condition.
H. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating § 62-6 or § 62-8. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition.
I. Any person who is prohibited from owning or possessing animals pursuant to Subsection G or H may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.
J. When a sale occurs, the proceeds shall first be applied to the costs of the sale, then next to the unreimbursed expenses for the care and provision of the animal and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund of the state treasury.
K. Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law enforcement officer, animal control officer or licensed veterinarian.
§ 62-30. Capturing, confining and euthanizing dogs by animal control officers; approval of drugs, etc., used.
A. It shall be the duty of the animal control officer or any other officer to capture and confine any dog of unknown ownership found running at large on which the license fee has not been paid. Following the expiration of the holding period prescribed in § 3.1-796.96 of the Code of Virginia, the animal control officer or other officer may deliver such dog to any person in his jurisdiction who will pay the required license fee on such dog. Prior to disposition by euthanasia or otherwise, all the provisions of § 3.1-796.96 of the Code of Virginia shall have been complied with. Any person, animal control officer or other officer euthanizing a dog under this chapter shall cremate, bury or sanitarily dispose of the same.
B. All drugs and drug administering equipment used by animal control officers or other officers to capture dogs pursuant to this chapter shall have been approved by the State Veterinarian.
ARTICLE X, Dog Licenses
§ 62-31. Unlicensed dogs prohibited.
It shall be unlawful for any person to own a dog four months old or older in this County unless such dog is licensed as required by the provisions of this article.
§ 62-32. How to obtain license.
Any person may obtain a dog license by making oral or written application to the Treasurer of the County, accompanied by the amount of license tax and current certificate of vaccination as required by this article. The Treasurer or other officer charged with the duty of issuing dog licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the County and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this article, the Treasurer or other officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount on which he recorded the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male, unsexed female, female or kennel, and deliver the metal license tags or plates provided for herein. The information thus received shall be retained by the Treasurer, open to public inspection, during the period for which such license is valid. The Treasurer may establish substations in convenient locations in the County and appoint agents for the collection of the license tax and issuance of such licenses.
§ 62-33. Amount of license tax.
A. The amount of license tax which shall be paid at the time of applying for a dog license shall be as follows:
(1) Type of dog license tax:
(a) Male dog: each $8.
(b) Female dog: each $8.
(c) Neutered or spayed dog: each $4.
(d) Dangerous dog (see §§ 62-9 and 62-10): $50, plus regular fee, each dog.
(2) Kennels of:
(a) 10 dogs: $30.
(b) 11 to 20 dogs: $35.
(c) 21 to 30 dogs: $40.
(d) 31 to 40 dogs: $45.
(e) 41 or more dogs: $50.
B. No license tax shall be levied on any service dog, Seeing Eye dog or hearing dog.
§ 62-34. Effect of dog not wearing collar 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, and in any proceedings under this chapter the burden of proof of the fact that such dog has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog.
§ 62-35. What dog license shall consist of.
A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license and the calendar year for which issued and bear a serial number. The tag may be stamped or otherwise marked to show the sex of the dog.
§ 62-36. Duplicate license tags.
If a dog license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the Treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the Treasurer or his agent 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 or his agent 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.
§ 62-37. Displaying receipts; dogs to wear tags.
Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. The owner of the dog may remove the collar and license tag required by this section when the dog is engaged in lawful hunting, the dog is competing in a dog show, the dog has a skin condition which would be exacerbated by the wearing of a collar, the dog is confined or the dog is under the immediate control of its owner.
ARTICLE XI, Hybrid Canines
§ 62-38. Definitions.
As used in this article, the following words shall have the following meanings:
ADEQUATE CONFINEMENT -- That, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to prevent the animal's escape; or, if the hybrid canine is determined to be a dangerous dog pursuant to § 62-10, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine and provide a minimum of 100 square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement.
HYBRID CANINE -- Any animal which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law enforcement officer, animal control officer, humane investigator, official of the Department of Health or State Veterinarian's representative.
RESPONSIBLE OWNERSHIP -- The ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety.
§ 62-39. Hybrid canines killing, injuring or chasing livestock.
A. It shall be the duty of any animal control officer or other officer who may find a hybrid canine in the act of killing or injuring livestock or poultry to kill such hybrid canine forthwith, whether such hybrid canine bears a tag or not. Any person finding a hybrid canine committing any of the depredations mentioned in this section shall have the right to kill such hybrid canine on sight as shall any owner of livestock or his agent finding a hybrid canine chasing livestock on land lawfully 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 hybrid canine known to be a confirmed livestock or poultry killer, and any hybrid canine 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 hybrid canine to produce the hybrid canine.
B. Any animal control officer who has reason to believe that any hybrid canine is killing livestock or poultry shall be empowered to seize such hybrid canine solely for the purpose of examining such hybrid canine in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any hybrid canine is killing livestock or committing any of the depredations mentioned in this section shall apply to a magistrate who shall issue a warrant requiring the owner or custodian, if known, to appear before the general district court at a time and place named therein, at which time evidence shall be heard. If it appears that the hybrid canine is a livestock killer or has committed any of the depredations mentioned in this section the district court shall order that the hybrid canine be killed immediately by the animal control officer or other officer designated by the court or removed to another state which does not border on the commonwealth and prohibited from returning to the commonwealth. Any hybrid canine ordered removed from the commonwealth which is later found in the commonwealth shall be ordered by a court to be killed immediately.
§ 62-40. Compensation for livestock and poultry killed by hybrid canines.
Any person who has any livestock or poultry killed or injured by any hybrid canine not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl, provided that the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a hybrid canine; the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and the animal control officer has conducted an investigation and his investigation supports the claim. Upon payment under this section, the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the hybrid canine and may enforce the same in an appropriate action at law.
§ 62-41. Violations and penalties.
Violation of this section shall be a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for a second or subsequent violation, and the County may require a violator to surrender the hybrid canine for euthanasia in accordance with § 62-30.
ARTICLE XII, Miscellaneous Provisions
§ 62-42. Dogs deemed personal property; rights relating thereto.
A. All dogs shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in § 62-1, may maintain any action for the killing of any such animals, or injury thereto or unlawful detention or use thereof as in the case of other personal property. The owner of any dog which is injured or killed contrary to the provisions of this chapter 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. An animal control officer finding a stolen dog or a dog held or detained contrary to law shall have authority to seize and hold such animal pending action before a 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 to its owner.
C. The presence of a dog on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay the impoundment fee set forth in § 62-13C.
§ 62-43. Unlawful acts; penalties.
A. The following shall be unlawful acts and constitute Class 4 misdemeanors:
(1) License application. For any person to make a false statement in order to secure a dog license to which he is not entitled.
(2) License tax. For any dog owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. In addition, the court may order confiscation and the property disposition of the dog.
(3) Leash ordinance. For any dog owner to allow a dog to run at large in violation of § 62-12.
(4) Rabies regulations. For any person to fail to obey the provision of Article VII hereof.
(5) Dead dogs. For any owner to fail to dispose of the body of his dog in accordance with § 62-18.
(6) Diseased dogs. 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.
(7) Concealing a dog. For any person to conceal or harbor any dog on which any required license tax has not been paid.
(8) Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog without the permission of the owner or custodian.
(9) Other violations. Any other violation of this chapter for which a specific penalty is not provided.
B. It shall be a Class 1 misdemeanor for any person to:
(1) Present a false claim or to receive any money on a false claim under the provisions of § 62-16.1; or
(2) Impersonate a humane investigator.
§ 62-44. 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 punishable as 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 punishable as a Class 1 misdemeanor.
C. "Guide" or "leader dog" means a dog that serves as a dog guide for a blind person as defined in 63.1-142 of the Code of Virginia or for a person with a visual disability; serves as a listener for a deaf or hard-of-hearing person as defined in § 63.1-85.3:1 of the Code of Virginia; or provides support or assistance for a physically disabled or handicapped person.
§ 62-45. Barking or howling dogs.
It shall be unlawful to harbor or keep any dog which by loud, frequent, habitual barking or howling disturbs the peace and quiet of any person or neighborhood. Any person annoyed by such loud, frequent or habitual barking or howling may enter his or her written complaint by summons returnable to the general district court. A violation of this section shall constitute a Class 4 misdemeanor.