For the purpose of this article and unless otherwise required by the context, the following words, terms and phrases shall have the meanings respectively ascribed to them by this section. Words and terms not defined, herein, which are defined in § 3.2-6500 of the Code of Virginia shall have the meanings respectively ascribed to them by that section.
ANIMAL CONTROL OFFICER
A person appointed as an animal control officer or deputy animal control officer as provided in § 3.2-6555 of the Code of Virginia.
COMPANION 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, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that 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, nor shall "wild or exotic animals" as specifically defined in this section.
KENNEL
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.
LIVESTOCK
Includes all domestic or domesticated bovine animals, equine animals, ovine animals, porcine animals, cervidae animals, capradae animals, animals of the genus Lama, ratites, 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.
OTHER OFFICER
Includes all persons employed or elected by the people of Virginia or the County whose duty it is to preserve the peace, make arrests, or enforce the law.
OWN/OWNER
Includes any person having a right of property in an animal, any person who keeps or harbors an animal, any person who has an animal in his care, or any person who acts as its custodian.
POULTRY
Includes all domestic fowl and game birds raised in captivity.
RUNNING AT LARGE
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 the owner's or custodian's immediate control; "immediate control" shall mean the dog responds immediately to the owner's or custodian's command, however given, and forthwith returns to the owner or custodian.
WILD OR EXOTIC ANIMAL
Any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other similar warmblooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including but not limited to alligators, crocodiles, caimans and gavials. Ferrets, nonpoisonous snakes, rabbits and laboratory rats which have been bred in captivity and which never have known the wild shall be excluded from this definition.
The following shall be unlawful acts and are Class 4 misdemeanors:
A. 
License application. For any person to make a false statement in order to secure a dog license to which he is not entitled.
B. 
License tax. For any dog owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog.
C. 
Running at large. For any dog owner to allow a dog to run at large in violation of this chapter.
D. 
Rabies regulations. For any person to fail to obey the applicable provisions of this chapter pertaining to rabies control.
E. 
Dead companion animals. For any owner to fail to dispose of the body of his companion animals in accordance with Code of Virginia, § 3.2-6554.
F. 
Diseased dogs and cats. 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.
G. 
Concealing a dog or cat. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog without the permission of the owner or custodian.
I. 
Other violations. Any other violation of this article for which a specific penalty is not provided.
State law references: Similar provisions, Code of Virginia, § 3.2-6587.
The Board of Supervisors shall employ an animal control officer who shall have the power to enforce the comprehensive animal laws of the Commonwealth of Virginia (Chapter 65 of Title 3.2 of the Code of Virginia), all local ordinances enacted pursuant to such state laws, including this chapter, and all laws for the protection of domestic animals. The Board of Supervisors may also employ one or more deputy animal control officers to assist the animal control officer in the performance of his duties. Animal control officers and deputy animal control officers shall have a knowledge of the animal control and protection laws of the commonwealth that they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law enforcement officer as defined in § 9.1-101 of the Code of Virginia, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law. The animal control officer and the deputy animal control officers shall be paid as the Board of Supervisors shall prescribe.
State law references: Code of Virginia, §§ 3.2-6555 (position of animal control officer), 3.2-6556 (required training of animal control officers), 3.2-6557 (animal control officers; limitations; records).
The boundary lines of each lot or tract of land within the County shall be a lawful fence as to livestock domesticated by man.
State law references: Authority for above section and effect of its adoption, Code of Virginia, § 55.1-2814.
It shall be unlawful for the owner of any livestock or poultry to permit the same to run at large beyond the limits of the boundaries of the lot or tract of land where such animal is confined.
State law references: Similar provisions, Code of Virginia, § 55.1-2820; authority for local ordinance, § 3.2-6544.
Any animal, other than a dog, cat, or wild animal, found running at large in the County shall be taken up by the animal control officer or other officer and impounded at the animal pound or other facility and thereafter disposed of under the same terms and conditions as prescribed in § 11-18 for dogs. For purposes of this section, running at large shall mean off the property of its owner or custodian and not leashed or otherwise tethered.
State law references: Similar provisions and duty of County to maintain pound, Code of Virginia, § 3.2-6546.
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 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, shall be guilty of a Class 1 misdemeanor.
B. 
Nothing in this section shall be construed to prohibit the dehorning of cattle.
C. 
For the purposes of this section, the word "animal" shall be construed to include birds and fowl.
D. 
This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as permitted and regulated under state law.
E. 
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.
F. 
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.
G. 
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 1 misdemeanor.
H. 
Any person who confines an animal in an unattended, enclosed vehicle where the outside temperature is 70° F. or greater, and the interior of the vehicle is not provided with conditioned air to maintain an internal temperature of 80° F. or less, shall be guilty of a Class 3 misdemeanor.
I. 
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.
J. 
In enforcing Subsections H and I of this section, there shall be a rebuttable presumption that the registered owner of the vehicle committed any violation hereof.
K. 
Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
State law references: Similar provisions, Code of Virginia,§ 3.2-6570; authority of County to adopt above section, § 3.2-6543.
See § 3.2-6571, Code of Virginia, for applicable state law provisions.
See § 3.2-6504, Code of Virginia, for applicable state law provisions.
A. 
When the owner of any animal or fowl, other than a companion animal, which has died, knows of such death, such owner shall forthwith have its body cremated, buried, or sanitarily disposed. If he fails to do so, a judge of the general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated, buried or sanitarily disposed by the animal control officer or other officer. The animal control officer or other officer shall be entitled to recover from the owner of every such animal so cremated, buried or sanitarily disposed the actual cost of the cremation, burial or disposal, not to exceed $75, and from the owner of every such fowl so cremated or buried the actual cost of cremation or burial, not to exceed $5. Such costs shall be recovered in the same manner as fees are recovered, free from all exemptions in favor of such owner.
B. 
Nothing in this section shall be deemed to require the burial or cremation of the whole or portion of any animal or fowl which is to be used for food or in any commercial manner.
State law references: Similar provisions and authority for above section, Code of Virginia, § 18. 2-510.
A. 
All dogs and cats in this County 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 an action for killing of any such dogs or cats, 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. 
The animal control officer or other 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 dog or cat pending action before the general district court or other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner. 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 or occupant of such premises; however, the animal control officer may take such dog or cat in charge or notify its legal owner to remove the dog or cat. The legal owner of the dog or cat shall pay the same charge as established in this chapter for impoundment fees, for the keeping of such dog or cat while in the possession of the animal control officer.
State law references: Similar provisions, Code of Virginia, § 3.2-6585.
A. 
Each stable, pen, coop or other place where any animal or fowl is kept shall be maintained at all times in a safe and sanitary condition and so as not to constitute a nuisance. Solid and liquid waste matter shall be removed as frequently as may be necessary to prevent offensive odors and to prevent accumulations constituting a hazard to the health or safety of any person.
B. 
A violation of this section shall constitute a Class 1 misdemeanor.
State law references: Similar provisions, Code of Virginia, § 3.2-6544.
A. 
Each owner of a companion animal shall, at minimum, provide the companion animal with the following:
(1) 
Adequate feed and adequate water;
(2) 
Adequate shelter;
(3) 
Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, and weight;
(4) 
Veterinary care when needed and to prevent suffering; and
(5) 
Humane care and treatment.
B. 
The provisions of this section shall also apply to every animal shelter and boarding kennel with respect to animals contained therein.
If one or more of the provisions of this chapter shall be held by a court of competent jurisdiction in a final judicial decision to be unconstitutional or otherwise unenforceable for any reason, then such provisions shall be deemed severable from the remaining provisions of this chapter and shall in no way affect the validity of the remaining provisions of this chapter, which shall remain in full force and effect.
A. 
The ordinance entitled "An Ordinance Establishing a County License Tax on Dogs, Appointment of a County Animal Control Officer, Rabies Vaccination Requirements for Cats and Dogs, Prohibiting Dogs Running At Large In Certain Sections of the County and Imposing Punishment for Violations Thereof," as adopted on March 14, 1983, including all subsequent amendments thereto, as well as all other dog ordinances heretofore enacted by the Board of Supervisors, are hereby repealed and rescinded.
B. 
This chapter shall take effect immediately upon the approval of the Board of Supervisors on April 15, 2009.