[HISTORY: Adopted by the City Council of
the City of Galax 8-8-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 46, Dogs and Other Animals, adopted 10-13-2003.
The City Manager shall designate a person or
persons to be known as the "Animal Warden" whose special duty it shall
be to enforce the provisions of this chapter for the City. The provisions
of this chapter shall be enforced by all other officers of the City
and any special officer or officers duly appointed under the authority
of the City Council for the purpose of assisting in the enforcement
of this chapter and any other ordinances in the City relating to animals;
and by any and all other officers, game wardens or police officers
charged with the enforcement of this code and other ordinances of
the City or laws of the state.
A.
No person shall keep or harbor within the City any
animal or fowl which at any time causes, emits or give vent to incessant,
intermittent or other noises or odors or commotions of such a character
and kind as to disturb any citizen of this City in the reasonable
use and enjoyment of his property or as to cause any person of ordinary
sensibilities any actual physical discomfort.
B.
Animal nuisance is created when an animal:
(1)
Runs uncontrolled;
(2)
Molests or disturbs persons or vehicles by chasing,
barking or biting;
(3)
Attacks other animals;
(4)
Trespasses upon or damages property other than that
of the owner or harborer;
(5)
Barks, whines, howls, honks, brays, cries or makes
other noises excessively;
(6)
Creates noxious or offensive odors; or
(7)
Defecates upon any public place or upon premises not
owned or controlled by the owner or harborer unless promptly removed
by the animal owner or harborer.
It shall be unlawful for the owner of animals
to allow such animals to run at large at any time within the City.
An animal shall be deemed to run 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 physical or voice control. Physical
control shall include confinement of the animal by fence, chain, leash
or some other means of physical restraint.
[Amended 7-11-2011]
A.
Any
person who (1) overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medial experimentation, or cruelly or
unnecessarily beats, maims, mutilates, or kills any animal, whether
belonging to himself or another; (2) deprives any animal of necessary
food, drink, shelter or emergency veterinary treatment; (3) sores
any equine for any purpose or administers drugs or medications to
alter or mask such soring for the purpose of sale, show, or exhibition
of any kind, unless such administration of drugs or medications is
within the context of a veterinary client-patient relationship and
solely for therapeutic purposes; (4) abandons, instigates, engages
in, or in any way furthers any act of cruelty to any animal; (5) carries
or causes to be carried in or upon any vehicle, vessel or otherwise
any animal in a cruel, brutal, or inhumane manner, so as to produce
torture or unnecessary suffering; or (6) causes any of the 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 (1) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal, whether belonging to himself or another; (2) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit any kind, unless such administration of drugs or medications is under the supervision of a licensed veterinarian and solely for therapeutic purposes; (3) instigates, engages in or in any way furthers any act of cruelty to any animal set forth in Subsection B(1); or (4) causes any of the actions described in Subsection B(1) through (3), or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or Subsection A, shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or Subsection A resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was direct result of a violation of this subsection or Subsection A.
C.
Any
person who abandons or dumps any dog, or cat or other companion 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.
D.
Nothing
in this section shall be construed to prohibit the dehorning of cattle.
E.
For
the purposes of this section, the word "animal" shall be construed
to include birds and fowl.
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. A second
or subsequent violation of this subsection shall constitute a Class
6 felony.
H.
Any person who tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal, whether belonging to him or another, and as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. (The provisions of this subsection shall not overrule § 46-16.)
I.
Confinement of animals in vehicles prohibited.
(1)
Any person who confines an animal in an unattended, enclosed vehicle
where the outside temperature is 80° or greater, and the interior
of the vehicle is not equipped with a supplemental fan that is operating
at the time of such confinement, shall be guilty of a Class 3 misdemeanor.
(2)
Any person who confines an animal in an unattended, enclosed vehicle
so as to cause the animal to suffer from heat stress shall be guilty
of a Class 1 misdemeanor. The Animal Control Officer or other officer
shall have the authority to remove any animal found in an enclosed
vehicle that appears to be suffering from heat stress. The animal
shall be provided immediate veterinary care. The animal owner or custodian
shall be responsible for all expenses incurred during the removal
of the animal or its subsequent treatment and impoundment.
(3)
In the event that the person responsible for the violation cannot
be ascertained, the registered owner of the vehicle, as required by
Chapter 6 of Title 46.2 of the Code of Virginia (1950), as amended,
shall constitute in evidence a prima facie presumption that such registered
owner was the person who committed the violation.
No hogs shall be kept in the City limits, except
for immediate shipment or slaughter. In no event shall they be kept
in the City for a longer period than 24 hours.
Any person who keeps one or more horses, sheep
or goats in the City shall have at least three acres to be used for
pasture for one or two such animals and 1/2 of an additional acre
for each additional animal; provided, however, that this limitation
shall not apply to licensed veterinary hospitals; provided the animals
kept are being provided veterinary care under the supervision of a
licensed veterinarian and are kept only for the time necessary for
such actual care.
It shall be unlawful for any livestock to run
at large in the City.
Any person engaging in the fighting of cocks
or other animals for money, prize or anything of value, or betting
or wagering money or anything of value on the result of such fight,
shall be guilty of a Class 3 misdemeanor. Attendance at the fighting
of these animals where an admission fee is charged, directly or indirectly,
shall also constitute a Class 3 misdemeanor. Any person engaged in
organized dog fighting shall be penalized under the appropriate provisions
of the State Code § 3.1-796.124.
If any animal dies in the City, the owner or
person in charge of such animal shall at once dispose of the carcass
thereof in a manner satisfactory to the City Manager or designee.
It shall be unlawful for the owner or person in charge of a dead animal
to fail to dispose of the carcass thereof within five hours after
notice to do so.
A.
On or before January 1, and not later than January
31 of each year, the owner of any dog or cat in the City four months
old or older shall pay a license fee of $10 on each unneutered dog
or cat, without regard to the sex of the dog or cat; and a license
fee of $5 on each neutered dog or cat also without regard to the sex
of the dog or cat.
B.
If a dog or cat shall become four months of age or
comes into the possession of any person between October 31, and December
31 of any year, the license fee for the current calendar year shall
be paid forthwith by the owner.
C.
If a dog or cat shall become four months of age or
comes into the possession of any person between October 31, and December
31 of any year, the license fee for the succeeding calendar year shall
be paid forthwith by the owner, and such license shall protect such
dog or cat from the date of purchase.
D.
Any person convicted of failure to pay the license
fee prior to February 1, of any year, or as otherwise provided in
this section on any dog or cat owned by him shall be fined not less
than the amount of the license fee herein specified and not more than
$25 and, in addition thereof, shall be required to obtain the proper
license forthwith.
E.
Procedure upon finding unlicensed dog or cat.
(1)
It shall be the duty of the Animal Warden or any law
enforcement officer to capture and take in charge any dog or cat found
running at large on which the license fee has not been paid.
(a)
If the dog or cat is of unknown ownership, it
shall be held for a period of five days, during which time the Animal
Warden shall attempt to establish the ownership of such dog or cat.
If after five days the ownership has not been established on the dog
or cat claimed or license tax paid, the Animal Warden shall euthanize
such dog or cat provided that the Animal Warden may deliver such dog
or cat to any person who will pay the required licensed tax on such
dog or cat. Should the legal owner thereafter claim the dog or cat
and prove this ownership, he may recover such dog or cat by paying
to the person to whom the dog or cat was delivered by the Animal Warden
the amount of the license tax paid by him and reasonable charges for
the keep of the dog or cat while in his possession.
(b)
If ownership of an unlicensed dog or cat is
known, the identified animal shall be held for five days more than
the holding period prescribed in Subsection A(1) above.
(c)
Any person, Animal Warden euthanizing a dog
or cat under this subsection shall, bury, cremate or sanitarily dispose
of the same, provided, however, that prior to disposition by euthanasia
or otherwise, all the provisions of the Code of Virginia shall have
been complied with.
(2)
All drugs and drug administering equipment used by
Animal Wardens or other officers to capture dogs or cats pursuant
to this section shall have been approved by the state veterinarian.
F.
No license fee shall be levied on any dog that is
trained and serves as a guide dog for a blind person or that is trained
and serves as a hearing dog for a deaf or hearing-impaired person
or that is trained and serves as a service dog for a mobility-impaired
person.
G.
No single residence shall be allowed to purchase more
than three dog and three cat licenses.
A.
Any person may obtain a dog or cat license by making oral or written application to the City Director of Finance, accompanied by the license fee as set forth in § 46-10 and a certificate of vaccination as required by this chapter.
B.
Any person making application for a dog or cat license
shall be required to present to the Director of Finance a certificate
of rabies vaccination, properly executed and signed by a licensed
veterinarian, certifying that the dog or cat has been vaccinated in
accordance with the provisions set forth. The certificate must show
the date of inoculation, the rabies collar tag number, a brief description
of the dog or cat, its sex (if known) and breed and owner thereof.
The certificate must be presented before the license is issued.
C.
The Director of Finance shall only have authority
to license dogs or cats of resident owners or custodians who reside
within the boundary limits of the City and may require information
to this effect from any applicant.
D.
Upon receipt of proper application and certificate
of vaccination, the Director of Finance shall issue a license receipt
for the amount of the fee, on which shall be recorded the name and
address of the owner or custodian, description of the animal, the
date of payment, the year for which issued and the serial number of
the tag, and deliver a metal license tag or plate which shall be provided
for the purpose of uniform style and design and bearing a serial number
identical to that shown on the license tax receipt.
Any dog or cat not wearing a collar bearing
a license tag or some other form of identification of the proper calendar
year shall prima facie be deemed to be unlicensed, and in any proceeding
under this chapter, the burden of proof of the fact that such dog
or cat has been licensed or is otherwise not required to bear the
tag at the time shall be on the owner of the dog or cat.
A.
It shall be unlawful for any person to own, keep,
hold or harbor any dog or cat over the age of four months within the
City unless such dog or cat shall have been vaccinated with a modified
live virus (Flu strain) rabies vaccine approved by the State Department
of Health, within a period of 36 months, or inoculated, within a period
of 12 months, with a killed rabies vaccine approved by the State Department
of Health, within a period of 36 months, or inoculated, within a period
of 12 months, with a killed rabies vaccine approved by the State Department
of Health.
B.
Any person transporting a dog or cat into the City
from some other jurisdiction shall be required to conform to the above
regulations within 30 days.
C.
Any person violating any of the provisions of this
section or presenting a certificate of vaccination for a dog or cat
other than that for which it was issued shall, upon conviction thereof,
be fined not less than $10 nor more than $100.
A.
At the time of vaccination of a dog or cat, as provided in § 46-13, a suitable and distinctive collar tag and a certificate of inoculation setting forth the type of vaccine used shall be issued to the dog or cat owner. The collar tag shall be affixed to the dog or cat collar and must be worn at all times when the dog or cat is not on the owner's property or in the immediate control of a responsible person.
B.
Any dog or cat found in the City not vaccinated and
identified as described in the above revisions shall be impounded
by the City, and such dogs or cats shall be held for a period of five
days. The dog or cat may be returned to its owner upon proof of ownership,
vaccination of the dog or cat, payment of the cost of impounding the
dog or cat at the rate of $7.50 per day and payment of any fine assessed
under the provisions of this chapter.
C.
At the expiration of the five-day period, any dog
or cat not so claimed by its owner may be disposed of by giving it
into the possession of any person willing to pay the cost of impounding,
vaccination and license, or, if not so disposed of, it shall be killed
in a humane manner by the impounding officer or designated official.
[1]
Editor's Note: Former § 46-16, Authority
to control dangerous or vicious dogs, was repealed 3-12-2007. This
ordinance also provided that hereafter this matter will be handled
pursuant to § 3.1-796.93:1, Code of Virginia. See now § 3.2-6540,
Code of Virginia.
A.
Every new owner of a dog or cat adopted from a releasing agency within the City shall cause to be sterilized the dog or cat 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: (a) Within
30 days of the adoption, if the animal is sexually mature, or (b)
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 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
chapter occurs, the court may order the new owner to take any steps
necessary to comply with the requirements of this chapter. This remedy
shall be exclusive of and in addition to any civil penalty which may
be imposed under this chapter.
An agreement 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 chapter; that
a person who violates this chapter is subject to civil penalty; and
that the new owner may be compelled to comply with the provisions
of this chapter.
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.
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
City Animal Shelter of the animal's disappearance or death. Any person
who violates this section shall be subject to a civil penalty not
to exceed $25.
A.
All dogs and cats shall be deemed personal property
and may be the subject of larceny and malicious or unlawful trespass.
Owners 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 or cat 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 Warden or other law enforcement officer
finding a stolen dog or cat, or a dog or cat held or detained contrary
to law, shall have authority to seize and hold such animal pending
action before a general district court or other court. If no such
action is instituted within seven days, the Animal Warden or other
law enforcement officer shall deliver the dog or cat to its owner.
C.
The presence of a dog or cat on the premises of a
person other than its legal owner shall raise no presumption of theft
against the owner of such premises, and the animal control warden
may take such animal in charge and or notify its legal owner to remove
it. The legal owner of the animal shall pay a reasonable charge, as
the local governing body by ordinance shall establish for the keeping
of such animal while in the possession of the Animal Warden.
The City Council shall, from time to time, designate
where the City Animal Shelter shall be located and shall provide suitable
pens, enclosures and buildings for the conduct of the same, the type
to be approved by the City Manager. It shall be the duty of the animal
shelter supervisor to see that all dogs, or other animals, impounded
in the City Animal Shelter are adequately fed, watered, sheltered,
and otherwise humanely treated.
It shall be the duty of the warden, or any other
officer to seize and impound in the City Animal Shelter any and every
dog or cat found in the City in violation for any provisions of this
chapter or in violation of any state law relating to dogs or cats.
The warden upon impounding any dog or cat shall provide the animal
shelter supervisor with the following information for a registry:
breed, color, and sex of such dog or cat (if known) and whether licensed.
If licensed, he shall enter the name and address of the owner and
the number of the license tag. The warden shall exercise reasonable
diligence to ascertain the name of the owner of every dog or cat impounded
and, if such owner is found, to promptly notify him of such impounding.
Any Animal Warden, investigator, or an animal
shelter supervisor, shall be entitled to bring a civil action for
any violation of this chapter which is subject to a civil penalty.
Any civil penalty assessed pursuant to this chapter shall be paid
into the treasury of the City.
