[Code 1991, § 4-1; Ord. No. 06-27, 9-12-2006; Ord. No. 12-20, 9-11-2012; Ord. No. 12-21, 9-11-2012]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
To desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in Code of Virginia, § 3.2-6503, for a period of five consecutive days.
The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal, and the provision of veterinary care when needed to prevent suffering or impairment of health.
The opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
Access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
Provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors permit the animals' feet to pass through the openings, or sag under the animals' weight, or otherwise do not protect the animals' feet or toes from injury, are not adequate shelter.
Sufficient space to allow each animal to easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and interact safely with other animals in the enclosure. When an animal is tethered, adequate space means a tether that permits such actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
Provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests; or an alternative source of hydration consistent with generally accepted husbandry practices.
The transfer of ownership of a dog or cat from a releasing agency to an individual.
All livestock and poultry.
The temperature surrounding the animal.
Any nonhuman vertebrate species except fish. For the purposes of Article IV of this chapter, the term "animal" means any species susceptible to rabies. For the purposes of § 14-153, the term "animal" means any nonhuman vertebrate species, including fish, except those fish captured and killed or disposed of in a reasonable and customary manner.
A person appointed as an animal control officer or deputy animal control officer as provided in Code of Virginia, § 3.2-6555.
A facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or animal rescue group, or any other organization devoted to the welfare, protection, and humane treatment of animals.
The state board of agriculture and consumer services.
A place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee.
A domestic egg-laying hen belonging to the subspecies gallus domesticus, and does not refer to any other type of fowl or game bird.
A well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, or exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
Any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services.
Any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer.
Any clear and imminent danger to an animal's health, safety or life.
Veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.
A structure used to house or restrict animals from running at large.
The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
Any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture.
Any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.
A certified European honeybee, otherwise known by the species name Apis mellifera.
Any room, building, or area used to contain a primary enclosure.
Any action taken in consideration of and with the intent to provide for the animal's health and well-being.
A person who has been appointed by a circuit court as a humane investigator as provided in Code of Virginia, § 3.2-6558.
Any chartered, nonprofit organization incorporated under the laws of the commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.
Any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling or showing, or in which five or more canines over four months of age are kept for any purpose.
Includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Code of Virginia, § 3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
An individual who is legally competent to enter into a binding agreement pursuant to Code of Virginia, § 3.2-6574, and who adopts or receives a dog or cat from a releasing agency.
Includes all other persons employed or elected by the people of the state, 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.
Any person who:
An establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
Includes all domestic fowl and game birds raised in captivity.
A facility operated for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with the City.
Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
That carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with such contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
Sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the housing facility, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals.
A pound, animal shelter, humane society, animal welfare society, society for the prevention of cruelty to animals, or other similar entity that releases a dog or cat for adoption pursuant to Code of Virginia, § 3.2-6574.
Any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.
To make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
The veterinarian employed by the State Commissioner of Agriculture and Consumer Services as provided in Code of Virginia, § 3.2-5901.
An employee of the State Department of Agriculture and Consumer Services who is under the direction of the state veterinarian.
A surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
Includes the City Treasurer and his assistants or other officer designated by the City Council to collect taxes.
The responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.
Treatment by or on the order of a duly licensed veterinarian.
That an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five days.