[HISTORY: Adopted by the Board of Supervisors
of the County of Page 10-14-2003. (This ordinance also repealed former Ch. 34, Animals,
adopted 2-11-1980 as Ch. 4 of the 1980 Code of the County of Page, as amended, except
for § 34-12. See now § 34-45.) Amendments noted
where applicable.]
STATUTORY REFERENCES
Animals running at large — See
Code of Virginia, § 18.2-121.1.
Disposal of dead animals — See
Code of Virginia, § 18.2-510.
The terms used in this chapter shall have the
meanings as prescribed in the Virginia Comprehensive Animal Laws set
forth in Section 3.1-796.66 of the Code of Virginia (1950), as amended.
A.
Owner requirements; applicability.
(1)
Each owner shall provide for each of his companion
animals:
(a)
Adequate feed;
(b)
Adequate water;
(c)
Adequate shelter that is properly cleaned;
(d)
Adequate space in the primary enclosure for the particular
type of animal depending upon its age, size, species, and weight;
(e)
Adequate exercise;
(f)
Adequate care, treatment, and transportation; and
(g)
Veterinary care when needed or to prevent suffering
or disease transmission.
(2)
The provisions of this section shall also apply to
every pound, animal shelter, or other releasing agency, and every
foster care provider, dealer, pet shop, exhibitor, kennel, groomer,
and boarding establishment. This section shall not require that animals
used as food for other animals be euthanized.
B.
Game and wildlife species shall be cared for in accordance
with regulations promulgated by the Board of Game and Inland Fisheries
by January 1, 1994.
C.
Violation of this section is a Class 4 misdemeanor.
A.
No owner, railroad or other common carrier when transporting
any animal shall allow that animal to be confined in any type of conveyance
more than 24 consecutive hours without being exercised, properly rested,
fed and watered as necessary for that particular type and species
of animal. A reasonable extension of this time shall be permitted
when an accident, storm or other act of God causes a delay. Adequate
space in the primary enclosure within any type of conveyance shall
be provided each animal depending upon the particular type and species
of animal. No person shall import into the commonwealth, nor export
from the commonwealth, for the purpose of sale or offering for sale
any dog or cat under the age of eight weeks without its dam.
B.
Violation of this section shall be punishable as a
Class 1 misdemeanor.
A.
No person shall sell, raffle, or offer for sale as
pets or novelties, or offer or give as a prize, premium, or advertising
device any living chicks, ducklings, or other fowl under two months
old in quantities of less than six or any unweaned mammalian companion
animal or any dog under the age of seven weeks without its dam, or
any cat under the age of seven weeks without its queen. Dealers may
offer immature fowl, unweaned mammalian companion animals, dogs or
cats under the age of seven weeks for sale as pets or novelties with
the requirement that prospective owners take possession of the animals
only after fowl have reached two months of age, mammalian companion
animals have been weaned, and dogs and cats are at least seven weeks
of age. Nothing in this section shall prohibit the sale, gift, or
transfer of an unweaned animal (i) as food for other animals, (ii)
with the lactating dam or queen or a lactating surrogate dam or queen
that has accepted the animal, (iii) due to a concern for the health
or safety of the unweaned animal, or (iv) to animal control, an animal
shelter, or a veterinarian.
[Amended 9-16-2008]
B.
Dealers shall provide all dogs and cats with current
vaccinations against contagious and infectious diseases, as recommended
in writing and considered appropriate for the animal's age and breed
by a licensed veterinarian, or pursuant to written recommendations
provided by the manufacturer of such vaccines at least five days before
any new owner takes possession of the animal. For dogs, the vaccinations
required by this subsection shall include at a minimum canine distemper,
adenovirus type II parainfluenza, and parvovirus. For cats, the vaccinations
required by this subsection shall include at a minimum rhinotracheitis,
calicivirus, and panleukopenia. Dealers shall provide the new owner
with the dog's or cat's immunization history.
C.
A violation of this section is punishable as a Class
3 misdemeanor.
Any dealer or pet shop that fails to adequately
house, feed, water, exercise or care for animals in his or its possession
or custody as provided for under this chapter shall be guilty of a
Class 3 misdemeanor. Such animals shall be subject to seizure and
impoundment, and upon conviction of such person, the animals may be
sold, euthanized, or disposed of as provided by § 3.1-796.96
of the Code of Virginia (1950), as amended, for licensed, tagged,
or tattooed animals. Such failure shall also constitute grounds for
revocation of a permit or certificate of registration after public
hearing. Any funds that result from such sale shall be used first
to pay the costs of the County for the impoundment and disposition
of the animals, and any funds remaining shall be paid to the owner,
if known. If the owner is not found, the remaining funds shall be
paid into the Literary Fund.
A.
No person shall misrepresent the physical condition
of any animal at the animal's sale, trade, delivery, or other method
of transfer. For the purpose of this section, misrepresentation shall
include selling, trading, delivering or otherwise transferring an
animal to another person with the knowledge that the animal has an
infection, communicable disease, parasitic infestation, abnormality
or other physical defect that is not made known to the person receiving
the animal. However, sale of an agricultural animal that has external
or internal parasites that are not made known to the person receiving
the animal shall not be a violation of this section unless the animal
is clinically ill or debilitated due to such parasites at the time
of sale, trade, delivery or transfer of the animal.
B.
Violation of this section shall be punishable as a
Class 3 misdemeanor.
[Amended 9-16-2008]
Pursuant to § 3.2-6506 of the Code of Virginia (1950), as amended, §§ 34-2 through 34-7 and 34-12 through 34-19 and any other provisions provided by the Code of Virginia (1950), as amended, shall not apply to:
A.
A place or establishment which is operated under the
immediate supervision of a duly licensed veterinarian as a hospital
or boarding establishment where animals are harbored, boarded and
cared for incident to the treatment, prevention, or alleviation of
disease processes during the routine practice of the profession of
veterinary medicine; or
B.
Animals boarded under the immediate supervision of
a duly licensed veterinarian.
Any animal not claimed by its owner from a licensed
veterinarian or boarding establishment within 14 days after a letter
of notice has been sent to the owner by the veterinarian or boarding
establishment may be sold by the veterinarian or boarding establishment.
The animal may be sold at public or private sale for fair compensation
to a person capable of providing care consistent with this chapter.
Any expense incurred by the veterinarian or boarding establishment
becomes a lien on the animal and the proceeds of the sale shall first
discharge this lien. Any balance of the proceeds shall be paid to
the owner. If the owner cannot be found within the next ensuing 30
days, the balance shall be paid to the state treasury. If no purchaser
is found, the animal may be offered for adoption or euthanized.
A.
If a licensed veterinarian is called or by his own action comes upon an animal that is sick or injured and the owner of such animal cannot be immediately located, then the licensed veterinarian, in his professional judgment, may treat, hospitalize or euthanize the animal without the permission of the owner. The veterinarian shall make such reports and keep such records of such sick or injured animals as may be prescribed by the Board of Veterinary Medicine, including the information required under Subsection B of § 3.1-796.105 of the Code of Virginia (1950), as amended.
No animal shall be euthanized by means of a
high altitude decompression chamber.
A.
It shall be a violation of the Virginia Consumer Protection
Act [§ 59.1-196 et seq. of the Code of Virginia (1950),
as amended] for any pet dealer to sell a dog or cat within the commonwealth
stating, promising or representing that the animal is registered or
capable of being registered with any animal pedigree registry organization,
without providing the consumer with a pet dealer's animal history
certificate at the time the consumer takes possession of the dog or
cat. The pet dealer's animal history certificate shall be signed by
the pet dealer, his agent or employee, and shall contain the following
information:
(1)
The animal's breed, sex, age, color, and birth date;
(2)
The name and address of the person from whom the pet
dealer purchased the animal;
(3)
The breeder's name and address;
(4)
The name and registration number of the animal's sire
and dam;
(5)
If the animal has been so examined, the date on which
the animal has been examined by a licensed veterinarian, the name
and address of such veterinarian, and a brief statement of any findings
made; and
(6)
A statement of all vaccinations administered to the
animal, including the identity and quantity of the vaccine, and the
name and address of the person or licensed veterinarian administering
or supervising the vaccinations.
B.
The information contained in the pet dealer's animal
history certificate required herein shall be informative only, and
the pet dealer shall not be responsible in any manner for the accuracy
of such information unless he knows or has reason to know that such
information is erroneous.
C.
A copy of the pet dealer's animal history certificate
signed by the consumer shall be maintained by the dealer for a period
of one year following the date of sale.
It shall be a violation of the Virginia Consumer Protection Act [§ 59.1-196 et seq. of the Code of Virginia (1950), as amended] for a pet dealer to include in the pet dealer's animal history certificate provided for in § 34-12 any false or misleading statement regarding the information to be contained therein.
A.
If, at any time within 10 days following receipt of
an animal described as being registered or capable of being registered
with any animal pedigree organization and subject to this chapter,
a licensed veterinarian certifies such animal to be unfit for purchase
due to illness, a congenital defect deleterious to the health of the
animal or the presence of symptoms of a contagious or infectious disease,
the pet dealer shall afford the consumer the right to choose one of
the following options:
B.
The refund or reimbursement required by this section
shall be made by the pet dealer not later than 10 business days following
receipt of a signed veterinary certification as hereinafter provided.
A pet dealer shall give the notice hereinafter
set forth in writing to a consumer prior to the delivery of a dog
or cat. Such notice shall be embodied in either a written contract,
the pet dealer's animal history certificate or a separate document
and shall state in ten-point boldface type the following:
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"NOTICE
|
|---|
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The sale of certain dogs and cats
described as being registered or capable of being registered with
any animal pedigree organization is subject to the provisions of the
Virginia Consumer Protection Act [§ 59.1-196 et seq. of
the Code of Virginia (1950), as amended]. In the event that a licensed
veterinarian certifies your animal to be unfit for purchase within
ten days following receipt of your animal, you may choose: (i) to
return your animal and receive a refund of the purchase price, or
(ii) to return the animal and receive an exchange animal of your choice
of equivalent value.
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In order to exercise these rights
you must present a written veterinary certification that the animal
is unfit to the pet dealer within three business days after receiving
such certification.
|
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If the pet dealer has promised to
register your animal or to provide the papers necessary therefor and
fails to do so within 120 days following the date of contract, you
are entitled to return the animal and receive a refund of the purchase
price or to retain the animal and receive a refund of an amount not
to exceed fifty percent of the purchase price."
|
A.
It shall be a violation of the Virginia Consumer Protection
Act [§ 59.1-196 et seq. of the Code of Virginia (1950),
as amended] for a pet dealer to state, promise, or represent that
a dog or cat is registered or capable of being registered with any
animal pedigree registry organization if the pet dealer shall then
fail to either effect such registration or provide the consumer with
the documents necessary therefor within 120 days following the date
of sale of such animal. In the event that a pet dealer fails to effect
registration or to provide the necessary documents therefor within
120 days following the date of sale, the consumer shall be entitled
to choose one of the following options:
B.
The veterinary certification and statement required
herein shall be presented to the pet dealer not later than three business
days following receipt thereof by the consumer and shall contain the
following information:
(1)
The name of the owner;
(2)
The date or dates of the examination;
(3)
The breed, color, sex, and age of the animal;
(4)
A description of the veterinarian's findings;
(5)
A statement that the veterinarian certifies the animal
to be unfit for purchase; and
(6)
The name and address of the certifying veterinarian
and the date of the certification.
C.
A veterinary finding of intestinal parasites shall
not be grounds for declaring the animal unfit for purchase unless
the animal is clinically ill due to such condition. An animal may
not be found unfit for purchase on account of an injury sustained
or illness contracted subsequent to the consumer taking possession
thereof.
The remedies provided for pursuant to this chapter
are cumulative and not exclusive and shall be in addition to any other
remedy provided for by law.
A.
When an animal is boarded at a boarding establishment, or under the care, custody or subject to the actions of a groomer, the boarding establishment or groomer shall be responsible for providing the animal care requirements for each animal as specified in § 34-2.
B.
If an animal becomes ill or injured while in the custody of the boarding establishment or groomer, the boarding establishment or groomer shall provide the animal with emergency veterinary treatment for the illness or injury. The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment or groomer. The boarding establishment or groomer shall pay for veterinary treatment of any injury that the animal sustains while at the establishment or under the care or custody of a groomer if the injury resulted from the establishment's or groomer's failure, whether accidental or intentional, to provide the care required by § 34-2, or if the injury is a result of the actions of the boarding establishment or groomer; however, boarding establishments and groomers shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation.
C.
If an animal is seized from a boarding establishment or groomer because of the establishment's or groomer's failure to provide adequate food, water, shelter, exercise, and care as defined in § 34-1 and required by § 34-2 or because of any other violation of this chapter, the animal shall be returned to the rightful owner as soon as possible or, if the owner refuses to reclaim the animal, be impounded and disposition made pursuant to § 3.1-796.115 of the Code of Virginia (1950), as amended.
D.
Violation of this section by a boarding establishment
or groomer is a Class 1 misdemeanor.
A.
A boarding establishment shall give the notice hereinafter
set forth in writing to a consumer prior to the consumer's delivery
of the animal to the boarding establishment. Such notice shall be
embodied in a written document and shall state in ten-point bold-faced
type the following:
|
"NOTICE
| |
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The boarding of animals is subject to Article
3.1 (§ 3.1-796.83:1 et seq.) of Chapter 27.4 of Title 3.1
of the Code of Virginia (1950), as amended. If your animal becomes
ill or injured while in the custody of the boarding establishment,
the boarding establishment shall provide the animal with emergency
veterinary treatment for the illness or injury.
| |
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The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment. The boarding establishment shall bear the expenses of veterinary treatment for any injury the animal sustains while at the boarding establishment if the injury resulted from the establishment's failure, whether accidental or intentional, to provide the care required by § 34-2; however, boarding establishments shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation."
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B.
In addition, the boarding establishment shall display
the following notice, in ten-point boldfaced type, on a sign placed
in a conspicuous location and manner at the boarding establishment's
intake area:
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"PUBLIC NOTICE
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The boarding of animals by a boarding establishment
is subject to Article. 3.1 (§ 3.1-796.83:1 et seq.) of Chapter
27.4 of Title 3.1 of the Code of Virginia. You have specific remedies
when boarding animals in this or any other boarding establishment
in Virginia. A copy is available immediately upon request and is to
be presented to you at the time of intake in the form of a written
document. If you have a complaint, you may contact your local law
enforcement officer or the Virginia Department of Agriculture and
Consumer Services, Richmond, Virginia."
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C.
Failure to display or provide the consumer with the
written notice as required by this section is punishable as a Class
3 misdemeanor.
A.
Any person, corporation, or other entity operating
a pet shop or operating as a dealer in companion animals shall be
required to obtain a permit prior to such operation. A fee of $50
shall be paid to the County prior to the issuance of such permit.
The revenues derived therefrom shall be used for the administration
and enforcement of this chapter. The Animal Control Officer, under
the supervision and authority of the Zoning Administrator, shall have
authority to issue such permit; however, such permit may be denied
or revoked for fraudulent practices or inhumane treatment of the animals
dealt with by the permittee.
B.
Records shall be kept by the permittees as are required
by the Animal Control Officer.
C.
The penalty for violation of this section shall be
a Class 3 misdemeanor.
A.
As an express condition of adopting a dog or cat from
the animal shelter, the person so adopting the dog or cat shall be
required to have the dog or eat spayed or neutered and pay all costs
connected with the spaying or neutering within 30 days from the date
of adoption, if such dog or cat is six months of age or older at the
time of adoption. Any person adopting a dog or cat from the animal
shelter prior to the dog or cat being six months of age shall have
the dog or cat spayed or neutered and pay all costs connected with
the spaying or neutering within 30 days from the date the dog or cat
becomes six months of age, and if the person so adopting the dog or
cat fails to have the dog or cat spayed or neutered as herein required,
the Animal Control Warden shall have the authority to immediately
take the dog or cat into his possession for impoundment, and, in addition,
the person so adopting the dog or cat shall be guilty of a Class 4
misdemeanor.
[Amended 3-15-2005]
B.
An impounded dog may be repossessed by his owner for
a fee upon proof that the dog is licensed and inoculated or vaccinated
for rabies. The fee shall be established, by resolution, by the governing
body. If the owner fails to repossess his dog, it can be adopted by
paying the impoundment fee and all costs for inoculation and vaccination
prior to the adoption and release of the dog.
[Amended 8-18-2020]
A.
It shall be unlawful for any person other than a releasing
agency that has registered as such annually with local animal control
to own a dog four months old or older in this County unless such dog
is licensed, as required by the provisions of this chapter.
[Amended 9-16-2008]
B.
Any person owning a cat four months old or older within
this County shall have such cat currently vaccinated for rabies.
C.
"Currently vaccinated" shall mean, for the purpose
of this chapter, vaccinated or inoculated with a rabies vaccine or
serum by a licensed veterinarian or a licensed veterinary technician
who is under the immediate and direct supervision of a licensed veterinarian
on the premises.
D.
It shall be unlawful for the owner of any dog or cat
with a contagious or infectious disease to permit such dog or cat
to stray from his premises if such disease is known to the owner.
E.
Violation of this provision constitutes a Class 4
misdemeanor.
A.
The fees for license tags as prescribed in this chapter
shall be as follows:
(1)
Single dogs:
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Term
(Years)
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Regular
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Spayed or Neutered
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|---|---|---|---|
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1
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$6
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$3
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2
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$10
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$5
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3
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$14
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$7
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(2)
For kennels of five or more dogs, not to exceed 20
dogs: $40.
(3)
Duplicate tags for any single dog: $1.
(4)
There shall be no refund allowed for the license fee
paid herein in the event of the death or transfer of ownership of
the dog prior to the expiration of the license term.
(5)
No license shall be issued for any dog for a term
in excess of the period of the effective rabies inoculation.
B.
No license tax shall be levied on any dog that is
trained and serves as a guide dog for a blind person, 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. As used in this section, "hearing dog" means a dog trained
to alert its owner by touch to sounds of danger and sounds to which
the owner should respond and "service dog" means a dog trained to
accompany its owner for the purpose of carrying items, retrieving
objects, pulling a wheelchair or other such activities or service
or support.
C.
A kennel license may be issued pursuant to the terms
of this section to a resident of the County of Page, Virginia, who
is 18 year of age or older and who is the owner of the dogs, excepting
person boarding dogs, and who owns and occupies the premises for which
the kennel license is applied for a confined establishment for the
purpose of breeding, hunting, training, renting, buying, boarding,
selling, or showing five or more canines but not more than 20 canines.
Not more than one kennel license shall be issued to any person and
not more than one kennel shall exist on any parcel of real estate
owned by that person. Upon submitting the application for the issuance
of a kennel license, the owner shall provide to the office of the
County's Treasurer a written plan or drawing certifying the location,
size, and dimension of the proposed kennel and, in addition thereto,
shall provide proof of ownership of the property on which the kennel
will be located and proof of the ownership of the canines which are
intended to occupy that kennel. Prior to issuance of the license,
the Animal Control Officer of the County shall conduct an inspection
of the proposed premises to determine the suitability of the premises
for the care and welfare of the canines and to determine if the kennel
is designed to ensure that dogs shall not stray or escape beyond the
limits of the enclosure. Any license granted hereunder shall only
provide for location of a kennel within the boundaries of the County
of Page, Virginia, and not within any incorporated town with the County
of Page, Virginia. There shall be no authority to transfer the location
of the kennel for which a license has been granted hereunder without
prior application for issuance of a new license to establish a new
kennel location. Any person violating the provisions of this section
or if any applicant for the issuance of a kennel license hereunder
shall give false or misleading information to the office of the County's
Treasurer in requesting the issuance of a kennel license, upon conviction
thereof, such person or applicant shall be guilty of a Class 3 misdemeanor,
and in addition thereto, any license issued hereunder based on such
false or misleading information shall be declared void.
A.
On January 1 and not later than January 31 of each
year, the owner of any dog four months old or older shall pay a license
tax as prescribed in this chapter.
B.
If a dog becomes four months of age or comes into
the possession of any person between January 1 and November 1 of any
year, the license tax for the current calendar year shall be paid
by the owner.
C.
If a dog becomes four months of age or comes into
the possession of any person between October 31 and December 31 of
any year, the license tax for the succeeding calendar year shall be
paid by the owner, and this license shall be valid from the date the
license is purchased.
[Amended 9-16-2008]
Any dog not wearing a collar bearing a valid
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.
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 or cat.
[Amended 9-16-2008]
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.
A.
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.
B.
Dog license tags shall be securely fastened to a substantial
collar by the owner or custodian and worn by such dog. It shall be
unlawful for the owner to permit any licensed dog four months old
or older to run or roam at large at any time without a license tag.
C.
The owner of the dog may remove the collar and license
tag required by this section when:
A.
It shall be unlawful for any person to allow a dog
belonging to him or in his custody to run at large at any time during
any month of the year within the whole of the boundaries of the County.
For the purpose of this section, a dog 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 control.
B.
It shall be unlawful for any person to allow a dog
or cat belonging to him or in his custody which has not been inoculated
or vaccinated against rabies to run at large at any time during any
month of the year within the whole of the boundaries of the County.
For the purpose of this section, a dog or cat 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
control.
[Added 9-16-2008[1]]
C.
No dog shall go upon any public street, alley, square,
or any other public property, or go upon the private property of another
person, without that property owner's permission, unless accompanied
and held in leash by a responsible person.
D.
Any person violating the provisions of this section
shall be guilty of a Class 4 misdemeanor.
A.
DANGEROUS DOG
VICIOUS DOG
As used in this section, the following terms shall
have the meanings indicated:
[Amended 9-16-2008]
A canine or canine crossbreed that has bitten, attacked,
or inflicted injury on a person or companion animal that is a dog
or cat, or killed a companion animal that is a dog or cat. However,
when a dog attacks or bites a companion animal that is a dog or cat,
the attacking or biting dog shall not be deemed dangerous (i) if no
serious physical injury as determined by a licensed veterinarian has
occurred to the dog or cat as a result of the attack or bite, (ii)
if both animals are owned by the same person, (iii) if such attack
occurs on the property of the attacking or biting dog's owner or custodian,
or (iv) for other good cause as determined by the court. No dog shall
be found to be a dangerous dog as a result of biting, attacking, or
inflicting injury on a dog or cat while engaged with an owner or custodian
as part of lawful hunting or participating in an organized, lawful
dog handling event.
A canine or canine crossbreed that has (i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health, or serious impairment
of a bodily function; or (iii) continued to exhibit the behavior that
resulted in a previous finding by a court or, on or before July 1,
2006, by an animal control officer as authorized by local ordinance,
that it is a dangerous dog, provided that its owner has been given
notice of that finding.
B.
Any law enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous 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. If a law enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the chapter. 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 § 34-41. 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 County shall be required to prove its case beyond a reasonable doubt.
[Amended 9-16-2008]
C.
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 that was engaged in the performance
of its duties as such at the time of the acts complained of shall
be found to be a dangerous dog or a vicious dog. No animal which,
at the time of the acts complained of, was responding to pain or injury,
or was protecting itself, its kennel, its offspring, or its owner
or owner's property, shall be found to be a dangerous dog or a vicious
dog.
D.
The owner of any animal found to be a dangerous dog
shall, within 10 days of such finding, obtain a dangerous dog registration
certificate from the animal control officer for a fee of $50. The
animal control officer shall also provide the owner with a uniformly
designed tag that identifies the animal as a dangerous dog. The owner
shall affix the tag to the animal's collar and ensure that the animal
wears the collar and tag at all times. All certificates obtained pursuant
to this subsection shall be renewed annually for the same fee and
in the same manner as the initial certificate was obtained. The animal
control officer shall provide a copy of the dangerous dog registration
certificate and verification of compliance to the State Veterinarian.
[Amended 9-16-2008]
E.
All dangerous dog registration 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.
All certificates or renewals thereof required to be obtained under
this section shall only be issued to persons who present satisfactory
evidence that the owner has liability insurance coverage, to the value
of at least $100,000, that covers animal bites. The owner may obtain
and maintain a bond in surety, in lieu of liability insurance, to
the value of at least $100,000.
[Amended 9-16-2008]
F.
While on the property of its owner, an animal found
to be a dangerous dog shall be confined indoors or in a securely enclosed
and locked structure of sufficient height and design to prevent its
escape or direct contact with or entry by minors, adults, or other
animals. The structure shall be designed to provide the animal with
shelter from the elements of nature. When off its owner's property,
an animal found to be a dangerous dog shall be kept on a leash and
muzzled in such a manner as not to cause injury to the animal or interfere
with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
G.
If the owner of an animal found to be a dangerous
dog is a minor, the custodial parent or legal guardian shall be responsible
for complying with all requirements of this section. The owner of
any dog found to be dangerous shall register the animal with the Commonwealth
of Virginia Dangerous Dog Registry, as established under § 3.2-6542
of the Code of Virginia, within 45 days of such a finding by a court
of competent jurisdiction. The owner shall also cause the local animal
control officer to be promptly notified of:
[Amended 9-16-2008]
(1)
The names, addresses, and telephone numbers of all
owners;
(2)
All of the means necessary to locate the owner and
the dog at any time;
(3)
Any complaints or incidents of attack by the dog upon
any person or cat or dog;
(4)
Any claims made or lawsuits brought as a result of
any attack;
(5)
Tattoo or chip identification information or both;
(6)
Proof of insurance or surety bond; and
(7)
The death of the dog.
H.
After an animal has been found to be a dangerous dog,
the animal's owner shall immediately, upon learning of same, cause
the local animal control authority to be notified if the animal (i)
is loose or unconfined; or (ii) bites a person or attacks another
animal; or (iii) is sold, given away, or dies. Any owner of a dangerous
dog who relocates to a new address shall, within 10 days of relocating,
provide written notice to the appropriate local animal control authority
for the old address from which the animal has moved and the new address
to which the animal has been moved.
[Amended 9-16-2008]
I.
Any owner or custodian of a canine or canine crossbreed
or other animal is guilty of a:
[Added 9-16-2008[1]]
(1)
Class 2 misdemeanor if the canine or canine crossbreed
previously declared a dangerous dog pursuant to this section, when
such declaration arose out of a separate and distinct incident, attacks
and injures or kills a cat or dog that is a companion animal belonging
to another person; or
(2)
Class 1 misdemeanor if the canine or canine crossbreed
previously declared a dangerous dog pursuant to this section, when
such declaration arose out of a separate and distinct incident, bites
a human being or attacks a human being causing bodily injury.
J.
The owner of any animal that has been found to be
a dangerous dog who willfully fails to comply with the requirements
of the chapter shall be guilty of a Class 1 misdemeanor.
K.
All fees collected pursuant to this section, less
the costs incurred by the animal control authority in producing and
distributing the certificates and tags required by the chapter, 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 § 3.1-796.104:1 of the Code of Virginia (1950), as
amended.
L.
[2]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.
M.
Notwithstanding the provisions of Subsection B, the animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of the chapter. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits.
A.
All funds collected pursuant to the provisions of
this chapter shall be used for the following purposes:
(1)
Defraying the costs of local animal control, including
the salary and expenses of the animal control officer and necessary
staff and the care and maintenance of a pound.
(2)
Payments for treatment of any person bitten by a rabid
animal.
(3)
Maintenance of a rabies control program.
(5)
Efforts to promote sterilization of cats and dogs.
B.
Any part or all of the surplus remaining in such account
on December 31 of any year may be transferred by the Board of Supervisors
into the general fund of Page County.
A.
Any individual who finds a companion animal and provides
care or safekeeping, or retains a companion animal in such a manner
as to control its activities shall, within 48 hours:
(1)
Make a reasonable attempt to notify the owner of the
companion animal, if the owner can be ascertained from any tag, license,
collar, tattoo, or other form of identification or markings, or if
the owner of the animal is otherwise known to the individual; and
(2)
Notify the pound that serves the locality where the
companion animal was found and provide to the pound contact information
including at least a name and a contact telephone number, a description
of the animal including information from any tag, license, collar,
tattoo, or other identification or markings, and the location where
the companion animal was found.
B.
If an individual finds a companion animal and provides care or safekeeping, or retains a companion animal in such a manner as to control its activities, the individual shall comply with the provisions of § 34-2.
C.
Any individual who violates this section shall be
subject to a civil penalty not to exceed $50 per companion animal.
No license tag shall be issued for any dog,
unless there is presented to the Treasurer of the County or his authorized
agent, at the time the application for license is made, evidence satisfactory
to him showing that such dog has been inoculated or vaccinated against
rabies by a currently licensed veterinarian or currently licensed
veterinary technician who was under the immediate and direct supervision
of a licensed veterinarian on the premises.
The owner or custodian of all dogs and domesticated
cats 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 or the custodian of the domesticated
cat with a certificate of vaccination. The owner of the dog or the
custodian of the domesticated cat shall furnish within a reasonable
period of time, upon the request of an animal control officer, humane
investigator, law enforcement officer, State Veterinarian's representative,
or official of the Department of Health, the certificate of vaccination
for such dog or cat. The vaccine used shall be licensed by the United
States Department of Agriculture for use in that species.
A.
When there is sufficient reason to believe that a
rabid animal is at large, the governing body of the County shall have
the power to pass an emergency ordinance that shall become effective
immediately upon passage, requiring owners of all dogs and cats therein
to keep the same confined on their premises unless leashed under restraint
of the owner in such a manner that persons or animals will not be
subject to the danger of being bitten by the rabid animal. Any such
emergency ordinance enacted pursuant to the provisions of this section
shall be operative for a period not to exceed 30 days unless renewed
by the governing body of the County.
B.
Dogs or cats 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 or cat shall be euthanized
by one of the methods approved by the State Veterinarian as provided
in Code of Virginia (1950), as amended, § 3.2-6546.
[Added 9-16-2008]
Payment of the license tax subsequent to a summons
to appear before a court for failure to pay the license tax within
the time required shall not operate to relieve such owner from the
penalties provided.
A.
It shall be the duty of any animal control officer
or other officer who may find a dog in the act of killing or injuring
livestock or poultry to kill such dog forthwith whether such dog bears
a tag or not. Any person finding a dog committing any of the depredations
mentioned in this section shall have the right to kill such dog on
sight as shall any owner of livestock or his agent finding a dog chasing
livestock on land utilized by the livestock when the circumstances
show that such chasing is harmful to the livestock. Any court shall
have the power to order the animal control officer or other officer
to kill any dog known to be a confirmed livestock or poultry killer,
and any dog killing poultry for the third time shall be considered
a confirmed poultry killer. The court, through its contempt powers,
may compel the owner, custodian, or harborer of the dog to produce
the dog.
B.
Any animal control officer who has reason to believe
that any dog is killing livestock or poultry shall be empowered to
seize such dog solely for the purpose of examining such dog in order
to determine whether it committed any of the depredations mentioned
herein. Any animal control officer or other person who has reason
to believe that any dog is killing livestock, or committing any of
the depredations mentioned in this section, shall apply to a magistrate
of the County, city or town wherein such dog may be, who shall issue
a warrant requiring the owner or custodian, if known, to appear before
a general district court at a time and place named therein, at which
time evidence shall be heard. If it shall appear that the dog is a
livestock killer, or has committed any of the depredations mentioned
in this section, the district court shall order that the dog be 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 dog ordered removed from the commonwealth which is later found
in the commonwealth shall be ordered by a court to be killed immediately.
Any animal control officer who has reason to believe that any dog is killing other dogs or domestic animals other than livestock or poultry shall apply to a magistrate of the County of Page for the issuance of a warrant requiring the owner or custodian, if known, to appear before the Page County General District Court at a specified time. The animal control officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered. If it appears from the evidence that the dog has habitually killed other dogs or domestic animals, the court may order the dog killed in accordance with the provisions of § 34-41.
Any person who has any 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:
A.
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;
B.
The animal control officer or other officer shall
have been notified of the incident within 72 hours of its discovery;
and
C.
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.
A.
It shall be the duty of the animal control officer
or any other officer to capture and confine any companion animal 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 (1950),
as amended, the animal control officer or other officer may deliver
such companion animal to any person in his jurisdiction who will pay
the required license fee on such companion animal. Prior to disposition
by euthanasia or otherwise, all the provisions of § 3.1-796.96
of the Code of Virginia (1950), as amended, shall have been complied
with. For all companion animals not otherwise disposed of as provided
for in this chapter, it shall be the duty of the animal control officer
or any other officer to euthanize such companion animals. Any person,
animal control officer, or other officer euthanizing a companion animal
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 companion animals
pursuant to this chapter shall have been approved by the State Veterinarian.
A.
The owner of any companion animal which has died from
disease or other cause shall forthwith cremate, bury, or sanitarily
dispose of the same. If, after notice, any owner fails to do so, the
animal control officer or other officer shall bury or cremate the
companion animal, and he may recover on behalf of the County from
the owner his cost for this service.
B.
Any person violating the provisions of this section
shall be guilty of a Class 4 misdemeanor.
A.
When the owner of any animal or grown fowl, other
than a companion animal, which has died knows of such death, such
owner shall forthwith have its body cremated or buried, and, if he
fails to do so, any judge of a general district court, after notice
to the owner if he can be ascertained, shall cause any such dead animal
or fowl to be cremated or buried by an officer or other person designated
for the purpose. Such officer of other person shall be entitled to
recover of the owner of every such animal so cremated or buried the
actual cost of the cremation or burial, not to exceed $75, and of
the owner of every such fowl so cremated or buried the actual cost
of the cremation or burial, not to exceed $5, to be recovered in the
same manner as officers' fees are recovered, free from all exemptions
in favor or such owner.
B.
Any person violating the provisions of this section
shall be guilty of a Class 4 misdemeanor.
C.
Nothing in this section shall be deemed to require
the burial or cremation of the whole or portions of any animal or
fowl which is to be used for food or in any commercial manner.
A.
Any person who does the following shall be guilty
of a Class 1 misdemeanor:
(1)
Overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly or
unnecessarily beats, maims, mutilates, or kills any animal, whether
belonging to himself or another;
(2)
Deprives any animal of necessary food, drink, shelter
or emergency veterinary treatment;
(3)
Sores any equine for any purpose or administers drugs
or medications to alter or mask such soring for the purpose of sale,
show, or exhibition of any kind, unless such administration of drugs
or medications is within the context of a veterinary client-patient
relationship and solely for therapeutic purposes;
(4)
Willfully sets on foot, instigates, engages in, or
in any way furthers any act of cruelty to any animal;
(5)
Carries or causes to be carried in or upon any vehicle,
vessel or otherwise any animal in a cruel, brutal, or inhumane manner,
so as to produce torture or unnecessary suffering; or
(6)
Causes any of the above things, or being the owner
of such animal, permits such acts to be done by another.
C.
This section shall not prohibit authorized wildlife
management activities or hunting, fishing or trapping as regulated
under other titles of the Code of Virginia, including, but not limited
to Title 29.1 or to farming activities as provided under this title
or regulations promulgated thereto.
D.
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.
E.
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.
[Amended 9-16-2008[2]]
[2]
Editor's Note: This ordinance also repealed
former Subsection G, regarding cruelty to animals that constitutes
a Class 6 felony, which immediately followed this subsection, and
redesignated former Subsection H as Subsection F.
F.
Any person convicted of violating this section may
be prohibited by the court from possession or ownership of companion
animals.
Pursuant to Article 5, Chapter 18, Title 55
of the Code of Virginia (1950), as amended, the boundary line of each
lot or tract of land in Page County is declared to be a lawful fence
as to any or all of the animal mentioned in § 55-306 of
the Code of Virginia (1950), as amended, and it shall be unlawful
for the owner or manager of such animals or type of animals to permit
the same to run at large beyond the limits of his or her own lands.
Any person who allows a dog or cat to remain
on or about his premises for a period in excess of seven days and
there is sufficient evidence presented by the Animal Control Officer
that such person is providing care for such dog or cat shall be deemed
the owner thereof.
Unless otherwise specified herein, a person
violating a provision of this chapter shall be guilty of a Class 4
Misdemeanor.
All provisions of Title 31, Chapter 27.4, of
the Code of Virginia (1950), as amended, providing for the comprehensive
control of animals, not specifically inconsistent with the provisions
of this chapter, are hereby adopted and made a part of this chapter.
For the purposes of enforcement of the provisions
of this chapter, whenever the term "Animal Control Officer" is used,
it shall also include any other law enforcement officer.
[Added 5-18-2004[1]]
It shall be lawful for any person to kill coyotes
within the boundaries of Page County at any time, provided that such
person kills such coyotes on his own property, on property on which
he is the lawful tenant in possession, or on property on which such
person has the written permission of the owner or the lawful tenant
in possession of the property to kill such coyote.
[Added 5-18-2004]
A.
Provided there are still unexpended and unappropriated
funds available in any given annual County budget for such purpose,
there shall be a bounty in the amount of $50 paid to any person who
meets the criteria set forth in this section who applies for such
payment to the Board of Supervisors for each coyote killed within
the boundaries of Page County; provided, however, prior to being entitled
to such payment, such person shall furnish reasonable proof satisfactory
to the Animal Control Officer and to the Board of Supervisors that:
(1)
The animal for which the bounty is being claimed is
a coyote; and
(2)
Such coyote was killed within 72 hours before the
application was made for the bounty;
(3)
Such coyote was killed in Page County; and
(4)
Based on a sworn statement on a form furnished by
the Animal Control Officer and signed by the applicant and the owner
or tenant in possession of the property on which the coyote was killed,
such coyote was killed either:
B.
The Animal Control Officer shall certify in writing
his finding as to being satisfied with such proof to the Board of
Supervisors prior to its action on the application for payment of
the bounty.
C.
The Animal Control Officer shall keep a written record
of all applications made for a bounty, such record to include:
(1)
The name, address, and telephone number of the applicant.
(2)
The type of animal, including a physical description
thereof, which was killed, and the date and time killed.
(3)
The name and address of the owner of the land on which
the coyote was killed for which application for a bounty was made.
(4)
A picture of the coyote killed for which application
for a bounty was made.
D.
The total dollar amount of bounties to be paid under
this chapter shall not exceed the sum of $2,000 within a given fiscal
year; provided, however, that such limit may be increased in a given
year by duly adopted resolution of the Board of Supervisors of Page
County.
[Added 5-18-2004]
It shall be unlawful for any person to present
a false claim or receive payment of a bounty on a false claim under
this chapter. Violation of this section shall constitute a Class 1
misdemeanor punishable by a fine or not more than $2,500 and confinement
in jail for a period not to exceed 12 months, either or both.
