[Adopted 6-4-1962 (Ch. 68, Art. II, of the 1990 Code)]
[Amended 8-8-1990; 11-14-2013]
Pursuant to the authority contained in §§ 15.2-1426 and 15.2-1427 and 3.2-6555, Code of Virginia, as amended, the position of Animal Control Officer for Carroll County, Virginia, is hereby created and established, and the licensing and regulation of dogs within Carroll County, Virginia, is hereby required. The Animal Control Officer shall discharge the duties and responsibilities of the position of Animal Warden as set forth in § 3.2-6555 et seq., Code of Virginia, as amended, and such other duties as may be required by the Board of Supervisors from time to time.
For the purpose of this article, unless otherwise required by the context, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- The Animal Control Officer and/or any Deputy Animal Control
Officers appointed under this article and in accordance with § 3.2-6555,
Code of Virginia, as amended.[Amended 8-8-1990; 11-14-2013]
- An enclosure wherein dogs are kept and from which they cannot escape.
- Includes horses, mules, ponies, cattle, sheep, goats, swine and enclosed domesticated rabbits or hares.
- OTHER LAW ENFORCEMENT OFFICER
- Includes all other persons employed or elected by the people of Virginia or by any municipality, County or incorporated town thereof whose duty it is to preserve the peace, to make arrests or to enforce the law within the jurisdiction of the respective offices to which elected or in which employed.
- OWN and OWNER
- Includes any person having a right or property in a dog; any person who keeps or harbors a dog or has it in his care or who acts as its custodian; and any person who permits a dog to remain on or about any premises occupied by him.
- Includes all domestic fowl and game birds raised in captivity.
- Includes the Treasurer of Carroll County or other officer designated by law to collect taxes in this County.
It shall be unlawful for any person to own or harbor a dog four months old or over in Carroll County unless such dog is licensed as required by the provisions of this article.
Dog license taxes shall be paid for the calendar year, namely, for January 1 to December 31, inclusive, and the license tax shall be payable at the office of the County Treasurer as follows:
[Amended 8-10-1976; 10-8-1981; 8-8-1990; 11-14-2013]
The license tax on dogs shall be due and payable as follows:
On or before 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 § 83-8.
If a dog shall become four months of age or if a dog over four months of age unlicensed by this County shall come into the possession of any person residing in this County between January 1 and October 31 of any year, a license tax for the current calendar year shall be paid by the owner forthwith.
If a dog shall become four months of age or if a dog over four months of age unlicensed by this County shall come into the possession of any person in this County between November 1 and December 31 of any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner, and such license shall protect the dog from the date of payment of the license tax to the end of the succeeding calendar year.
Payment of the license tax subsequent to a summons to appear before the Judge of the County Court or other court for failure to have done so within the time permitted by this article shall not operate to relieve such owner from the penalties provided for violation of the provisions of this article.
Any dog inspected and found not to be wearing a collar to which is attached a license tag issued for the current calendar year shall be considered prima facie an unlicensed dog, and in any proceedings under this article, the burden of proof of the fact that the dog has been licensed or is otherwise not required to wear a license tag at the time shall be upon the owner of the dog.
Any resident of this County may obtain a dog license by making oral or written application to the Treasurer of Carroll County, accompanied by the amount of license tax and certificate of vaccination. No license or tag shall be issued for any dog unless there is presented to the Treasurer or other officer of the County evidence satisfactory to him showing that said dog has been inoculated or vaccinated against rabies by a currently licensed veterinarian. The Treasurer shall have the authority to license only dogs of owners or custodians who reside within the boundary limits of Carroll County and may require information to establish the location of the residence of any applicant. Upon the receipt of the proper application, the Treasurer shall issue a license receipt, on which he shall record the name and address of the owner or custodian, the amount of the license tax paid, the date of payment, the year for which issued, the serial number of the tag and whether male, unsexed female, female or kennel and shall deliver the metal tags or plates to the applicant forthwith.
A dog license shall consist of a license receipt and a metal tag in the style and design adopted by the County Board of Supervisors. The tag shall be stamped or otherwise permanently marked to show the sex of the dog and the calendar year for which issued and shall bear a serial number. The license tag for a kennel shall show the number of dogs authorized to be kept under such license and shall have attached thereto a metal identification plate for each of such dogs, numbered to correspond with the serial number of the license tag.
If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall immediately present the original license receipt to the Treasurer and make application for a duplicate license tag. Upon application of the owner or custodian to the Treasurer that the original license tag has been lost, destroyed or stolen, the Treasurer shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog. The Treasurer shall endorse the number of the duplicate tag and the date issued on the face of the original license receipt. The fee for the issuance of the duplicate tag shall be $1.
A dog license receipt shall be carefully preserved by the owner or custodian of the dog and exhibited promptly on request for inspection by any Animal Control Officer or other law enforcement officer. A dog license tag shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog at all times. It shall be unlawful for the owner to permit any licensed dog four months old or over to run or roam at large at any time without a license tag, except that the collar and license tag may be removed temporarily when engaged in lawful hunting in open season and when accompanied by the owner or custodian.
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. 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 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. A kennel shall not be operated in any manner to defraud the County of the license tax payable on dogs which cannot be legally considered as kennel dogs or in any manner to violate other provisions of this article.
All dogs in this County which are licensed and all dogs under four months of age shall be deemed to be personal property and may be the subject of larceny and malicious or unlawful trespass, and the owners thereof may maintain any action for the killing of any such dogs, for injury thereto, for unlawful detention or for use thereof as in the case of other personal property. It shall be unlawful for any person except the owner or his authorized agent to administer poison to any such dog, to expose poison where it may be taken by any such dog or to injure, disfigure, disable or kill any dog except as otherwise provided in this article. The owner of any dog on which the current license tax has been paid or any dog under four months of age which is injured or killed contrary to the provisions of this article or any other law shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law. An Animal Control Officer or other law enforcement officer finding a stolen dog or a dog held or detained contrary to law shall have authority to seize and hold such dog pending action before the County 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. 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 or occupant of such premises, but it shall be his duty to notify the Animal Control Officer immediately, and the Animal Control Officer shall take such dog in charge and notify its legal owner to remove the dog. The legal owner of the dog shall pay a reasonable charge for the keep of such dog while in the possession of the Animal Control Officer.
It shall be the duty of any Animal Control Officer who may find a dog in the act of killing, injuring, worrying or chasing sheep or killing or injuring other livestock to kill such dog forthwith, whether such dog is wearing a tag or not, or any person finding a dog committing any of the aforementioned acts and depredations set forth shall have the right to kill such dog on sight. The County Court or any other court shall have the power to order the Animal Control Officer or other law enforcement officer to kill any dog known to be a confirmed poultry killer. Any dog observed killing fowl for the third time shall be considered a confirmed poultry killer. Any Animal Control Officer or other person who has reason to believe that any dog is killing livestock or committing any of the aforementioned acts and depredations set forth in this section shall apply to a Justice of the Peace of the County, who shall issue a warrant requiring the owner or custodian, if known, to appear before the Judge of the County 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 aforementioned acts and depredations set forth in this section, the dog shall be ordered to be killed immediately by the Animal Control Officer or other officer designated by the Judge of the County Court.
It shall be the duty of the Animal Control Officer to take in charge any dog found running at large on which the license tax has not been paid.
If the dog is of unknown ownership, it shall be held for a period of five days, during which time the Animal Control Officer shall attempt to establish the ownership of such dog. If after five days the ownership has not been established nor the dog claimed and license tax paid, the Animal Control Officer shall kill such dog, provided that the Animal Control Officer may deliver such dog to any person in this County who will pay the required license tax on such dog. Should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom the dog was delivered by the Animal Control Officer the amount of the license tax paid by him and reasonable charges for the keeping of the dog while in his possession.
If ownership of an unlicensed dog is known, the identified animal shall be held for five days more than the holding period prescribed in Subsection A above.
Any person, Animal Control Officer or other law enforcement officer killing a dog under this section shall bury, cremate or sanitarily dispose of the same.
Editor's Note: Original § 68-20, Disposal of dead dogs, of the 1990 Code, as amended, which immediately followed this section, was repealed 11-14-2013.
The following acts shall be deemed misdemeanors and enforced by proceedings before a Judge of the County Court:
Diseased dog: for the owner of any dog with a known contagious or infectious disease to permit such dog to stray from his premises.
Female dog in season: for the owner of any female dog to permit such dog to stray from his premises while such dog is known to be in season.
Removing collar and tag: for any person, except the owner or custodian, to remove a legally acquired license tag from a dog.
Concealing a dog: for any person to conceal or harbor any dog on which the license tax has not been paid or to conceal a mad dog to keep the dog from being killed.
Enumeration of penalties.
[Amended 8-8-1990; 11-14-2013]
Any person who shall make a false statement in order to secure a license to which he is not entitled shall be guilty of a Class 1 misdemeanor.
Any person convicted of failure to pay the license tax prior to February 1 of any year, or as otherwise provided in this article, on any dog owned by him shall be guilty of a Class 1 misdemeanor. In addition, the court may order confiscation and the proper disposition of the dog.
Any other violations of this article for which a specific penalty is not provided shall constitute a Class 1 misdemeanor.
All fines collected from any person for violating any provision of this article, upon conviction thereof, shall be credited to the general fund of the County and deposited by the County Treasurer in the same manner as that prescribed for any other County moneys.