For the purposes of this article and unless otherwise required
by the context, the following words and terms shall have the meanings
respectively ascribed to them by this section:
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. 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 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; if both animals
are owned by the same person; if such attack occurs on the property
of the attacking or biting dog's owner or custodian; or 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:
Killed a person;
Inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health, or serious impairment
of a bodily function; or
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.
A.
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 dog 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 this section. 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 § 3.2-6562 of the Code of Virginia. 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.
B.
No canine or canine crossbreed shall be found to be a dangerous dog
or vicious dog solely because it is a particular breed, nor is the
ownership of a particular breed of canine or canine crossbreed prohibited.
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 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 that, at the
time of the acts complained of, was responding to pain or injury,
or was protecting itself, its kennel, its offspring, a person, or
its owner's or custodian's property, shall be found to be a dangerous
dog or a vicious dog.
C.
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.
D.
The owner of any animal found to be a dangerous dog shall, within
30 days of such finding, obtain a dangerous dog registration certificate
from the local animal control officer or treasurer for a fee of $150,
in addition to other fees that may be authorized by law. The local
animal control officer or treasurer 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. By January
31 of each year, until such time as the dangerous dog is deceased,
all certificates obtained pursuant to this subsection shall be updated
and renewed for a fee of $85 and in the same manner as the initial
certificate was obtained. The animal control officer shall post registration
information on the Virginia Dangerous Dog Registry.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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; that the animal
has been neutered or spayed; 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.
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.
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.
H.
The owner shall also cause the local animal control officer to be
promptly notified of:
(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.
I.
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 is loose or unconfined;
or bites a person or attacks another animal; or 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.
J.
Violations.
(1)
Any owner or custodian of a canine or canine crossbreed or other
animal is guilty of a:
(a)
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
(b)
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.
(2)
The provisions of this subsection shall not apply to any animal that,
at the time of the acts complained of, was responding to pain or injury,
or was protecting itself, its kennel, its offspring, a person, or
its owner's or custodian's property, or when the animal is a police
dog that is engaged in the performance of its duties at the time of
the attack.
K.
The owner of any animal that has been found to be a dangerous dog
who willfully fails to comply with the requirements of this section
is guilty of a Class 1 misdemeanor.
L.
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 this section, 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 § 3.2-6556
of the Code of Virginia.
State law references: Similar provisions, Code of Virginia,
§ 3.2-6540.
