[Adopted 9-12-1984 as Ch. 5 of the 1984 Frederick County Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this 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.
[Amended 12-9-1992; 4-12-2023[1]]
LIVESTOCK
All domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.2-2600 of the Code of Virginia; 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.
[Amended 4-12-2023]
OWNER
Any person who:
[Amended 4-12-2023]
A. 
Has a right of property in an animal;
B. 
Keeps or harbors an animal;
C. 
Has an animal in his care; or
D. 
Acts as a custodian of an animal.
POULTRY
All domestic fowl and game birds raised in captivity.
RUN AT LARGE
Roaming off or running off the property of its owner or custodian and not under its owner's or custodian's immediate control.
[Amended 4-12-2023]
TREASURER
The County Treasurer and his Assistants or other officer designated by law to collect taxes in the County.
VACCINATE, VACCINATED or VACCINATION
The immunization of a dog against rabies, whether by inoculation, vaccination or any other method of treatment approved by the County Health Officer.
VETERINARIAN
Any licensed veterinarian authorized to practice veterinary medicine in the state.
[1]
Editor's Note: This ordinance also repealed the former definition of "kennel," which immediately followed this definition.
[Amended 12-9-1992; 4-12-2023]
A. 
The Board of Supervisors appoints as the Animal Control Officer and Deputy Animal Control Officers such Deputy Sheriffs as the Sheriff shall designate to serve as Animal Control Officer and Deputy Animal Control Officers. Such Officers shall be paid such compensation as the Board of Supervisors may prescribe for Deputy Sheriffs. The Animal Control Officer and the Deputy Animal Control Officers may cause all dogs found running at large in violation of this article to be caught and penned up in an animal shelter.
B. 
The powers of enforcement of this chapter and all laws for the protection of domestic animals shall be vested in the Animal Control Officer and such Deputy Animal Control Officers as may be appointed. Deputy Animal Control Officers shall have all the powers and duties of the Animal Control Officer.
[Amended 6-12-2019]
A. 
It shall be unlawful to permit any dog to run at large within the County at any time during the year. Except as provided in Subsection B, any person who permits a dog to run at large shall be deemed to have violated the provisions of this subsection and be subject to punishment as provided in § 48-10.
[Amended 4-12-2023]
B. 
It shall also be unlawful to permit any dog to run at large in a pack within the County at any time during the year. For the purposes of this subsection, a dog shall be deemed to be running at large in a pack if it is running at large in the company of one or more other dogs that are also running at large. Any person who permits a dog to run at large in a pack shall be deemed to have violated the provisions of this subsection and, in addition to the punishment as provided in § 48-10, be subject to a civil penalty not to exceed $100 per dog so found. Any civil penalty collected pursuant to this subsection shall be deposited by the Treasurer pursuant to the provisions of § 3.2-6534 of the Code of Virginia (1950, as amended).
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding placement of dogs in the County dog pound, was repealed 4-12-2023.
D. 
It shall be unlawful to permit any vicious or destructive dog to run at large within the County, and any person owning, having control, or harboring any such dog is hereby required to keep the same confined within his premises.
[Amended 4-12-2023]
E. 
The provisions of this section shall not apply with respect to dogs used for hunting.
[Added 3-11-1998[1]; amended 4-12-2023]
A. 
As used in this section, "dangerous dog" means a canine or canine crossbreed which a court of competent jurisdiction has determined to be a dangerous dog pursuant to § 3.2-6540 of the Code of Virginia; "serious injury" means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention; and "vicious dog" means a canine or canine crossbreed which 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 which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding.
B. 
Any Animal Control Officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog may 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. Following the issuance of a summons following an application pursuant to this subsection, an Animal Control Officer may confine the animal until the evidence is heard and a verdict rendered. If the Animal Control Officer determines that the owner can confine the animal in a manner that protects the public safety, he may permit the owner to confine the animal until the evidence is 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 i) shall order the animal's owner to comply with the provisions of this section: ii) may order the owner of the animal to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal, and such order shall not preclude the injured person from pursuing civil remedies, including damages that accrue after the original finding that the animal is a dangerous dog; and iii) may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. 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, 1950, as amended.
C. 
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 by the court to be a dangerous dog or vicious dog i) if that 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 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; ii) if the animal is a police dog which was engaged in the performance of its duties as such at the time of the acts complained of; or iii) if, at the time of the acts complained of, the animal, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner or owner's property. Further, no animal shall be found by the court to be a dangerous dog as a result of killing or inflicting serious injury on a dog or cat while engaged with its owner as part of lawful hunting or participating in an organized, lawful dog handling event, or if the court determines based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.
D. 
Within 30 days of the finding that an animal is a dangerous dog pursuant to this section, the owner shall i) provide documentation that the animal has been neutered or spayed; ii) provide documentation that the animal has been implanted with electronic identification registered to the owner that shall be provided to the Animal Control Officer; iii) present satisfactory evidence to the Animal Control Officer of liability insurance coverage, to the value of at least $100,000, that covers animal bites, or the owner may obtain and maintain a bond in surety to the value of at least $100,000 in lieu of liability insurance; iv) pay to the local governing body a fee of $150 and under the direction of the Animal Control Officer complete a dangerous dog registration certificate issued by the Department of Agriculture and Consumer Services pursuant to § 3.2-6542, though no dangerous dog registration certificate required to be obtained under this section shall be issued to any person younger than 18 years of age; and v) post the residence where the animal is housed with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property, which shall remain posted at all points of entry to the home and yard as long as the animal remains on the property. The local Treasurer shall also provide the owner with a uniformly designed tag which 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.
E. 
By January 31 of each year, until the animal is deceased, the owner of an animal found to be a dangerous dog pursuant to this section shall update and renew the dangerous dog registration certificate obtained pursuant to this section for a fee of $85 in the same manner as the initial certificate was obtained. However, if the dangerous dog adjudication occurred within 60 days of the end of the calendar year, the first renewal shall be included in the initial registration at no additional charge to the owner. No dangerous dog registration certificate required to be obtained under this section shall be issued to any person who is younger than 18 years of age or who fails to present satisfactory evidence of i) compliance with the provisions of this section and applicable state law; ii) the animal's current rabies vaccination, if applicable; and iii) a current county or city dog license, as appropriate. Prior to the renewal date of a dangerous dog registration each year, a local Animal Control Officer shall conduct an inspection of the dangerous dog and the premises on which it is kept, and no certificate of renewal shall be issued without such inspection. The Animal Control Officer shall post registration information on the Virginia Dangerous Dog Registry established by Virginia Code § 3.2-6542.
F. 
Any owner of a dangerous dog who keeps the dog outdoors and not within the immediate physical presence of its owner shall, within 30 days of the finding that an animal is a dangerous dog, cause to be constructed a secure, locked enclosure of sufficient height and design to prevent escape by the animal or entry by or direct physical contact with any person or other animal. While so confined within the structure, the animal shall be provided for according to Code of Virginia § 3.2-6503. Any dangerous dog not confined inside a locked enclosure constructed as described above shall be i) confined inside the owner's residence or ii) if outdoors, controlled by a physical leash employed by the responsible adult owner and securely muzzled in a manner that does not cause injury to the animal or interfere with the animal's vision or respiration but prevents it from biting a person or another animal.
G. 
If the owner of an animal found by a court 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 and applicable state law.
H. 
The owner of a dog found to be dangerous shall cause the local Animal Control Officer to be promptly notified of i) any change in the manner of locating the owner or the dog at any time; ii) any transfer of ownership of the dog to a new owner, including the name and address of the new owner; iii) any instance in which the animal is loose or unconfined; iv) any complaint or incident of attack or bite by the dog upon any person or cat or dog; v) any claim made or lawsuit brought as a result of any attack; and vi) the escape, loss, or death of the dog.
I. 
Any owner of any animal previously found by a court to be a dangerous dog who willfully fails to comply with the requirements of this section and applicable state law shall be guilty of a Class 1 misdemeanor. The court may determine that a person convicted under this subsection shall be prohibited from owning, possessing, or residing on the same property with a dog.
J. 
All fees collected pursuant to this section, less the costs incurred by the Animal Control Officer in producing and distributing the certificates and tags required by this section and any fees due to the Department of Agriculture and Consumer Services for maintenance of the Virginia Dangerous Dog Registry established by § 3.2-6542 of the Code of Virginia, 1950, as amended, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2-6556 of the Code of Virginia, 1950, as amended.
[1]
Editor's Note: This ordinance also provided that this section is in accordance with the Code of Virginia 1950, as amended, § 3.1-796.93:1.
A. 
The Board of Supervisors shall cause to be constructed and maintained an animal shelter. The Animal Control Officer shall cause dogs running at large contrary to the provisions of this article to be confined therein. Any dog which has been confined for a period of five days and has not been claimed by the owner thereof may be destroyed by the Animal Control Officer or otherwise disposed of in accordance with this section.
[Amended 4-12-2023]
B. 
Any dog confined under any of the provisions of this chapter may be redeemed by its owner at any time after confinement, if such dog has not been otherwise disposed of under the provisions of this section, upon payment of the proper fees. No dog shall be released to any person claiming ownership until proof of a current dog license receipt or tag and a current valid vaccination certificate are presented.
C. 
If the dog has not been claimed, it may be humanely destroyed or disposed of by sale or gift to a federal agency or state-supported institution, agency of the commonwealth, agency of another state or a licensed federal dealer or by delivery to any local humane society, shelter or to any person who is a resident of Virginia who will pay the required license tax on such animal. No provision herein shall prohibit the destruction of a critically injured or critically ill dog for humane purposes. The animal shelter shall be accessible to the public at reasonable hours during the week.
[Amended 5-10-1989; 4-12-2023]
[Amended 4-12-2023]
In the event that the Animal Control Officer has caused to be confined pursuant to § 48-4 a dog found running at large and on which the license tax has not been paid, the Animal Control Officer may deliver such dog to any person in his jurisdiction who will pay the required license tax on such dog, with the understanding that, should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the Animal Control Officer the amount of the license tax paid by him and a reasonable charge for the keep of the dog while in his possession. Any Animal Control Officer euthanizing a dog under this chapter shall cremate, bury, or sanitarily dispose of the same; provided, however, that prior to disposition by euthanasia or otherwise, all the provisions of § 48-4 shall have been complied with.
All dogs shall be deemed 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 or injury thereto or unlawful detention or use thereof as in the case of other personal property. The owner of any dog 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. An Animal Control Officer or other officer finding a stolen dog or a dog held or detained contrary to law shall have the authority to seize and hold such dog pending action before a 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 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, and the Animal Control Officer may take such dog in charge and notify its legal owner to remove him. The legal owner of the dog shall pay a charge as specified by the Board of Supervisors for the keep of such dog while in the possession of the Animal Control Officer.
[Amended 12-9-1992]
It shall be the duty of the Animal Control 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, and any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight. 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. Any dog that kills livestock or poultry for the third time shall be considered a confirmed killer. 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, who shall issue a warrant requiring the owner or custodian, if known, to appear before a District Court at a time and place named therein, at which time evidence shall be heard. If it shall appear that such a dog is a livestock or poultry killer or has committed any of the depredations mentioned in this section, the dog shall be ordered killed immediately, which the Animal Control Officer or other officer designated by the Judge of the District Court to act shall do.
[Amended 4-12-2023]
The owner of any dog which had 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 shall bury or cremate the dog; and he may recover on behalf of the County from the owner his costs for his services.
[Amended 12-9-1992; 12-12-2007; 4-12-2023]
A. 
The following acts shall be unlawful acts as authorized in § 3.2-6587 of the Code of Virginia and constitute Class 4 misdemeanors as provided for in § 18.2-11 of the Code of Virginia:
(1) 
License application. For any person to make a false statement in order to secure a dog license to which he is not entitled.
(2) 
License tax. For any dog owner to fail to pay the 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.
(3) 
Running at large. For any dog owner to allow a dog to run at large in violation of § 48-3.
(4) 
Dead dogs. For any owner to fail to dispose of the body of his dog in accordance with § 48-9.
(5) 
Diseased dogs. For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner.
(6) 
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, except as § 48-14 permits.
(7) 
Concealing a dog. For any person to conceal or harbor any dog on which the license tax has not been paid.
(8) 
Any other violation of this article for which a specific penalty is not provided.
B. 
Presentation of a false claim or receiving any money on a false claim under the provisions of § 48-8 shall be punished by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment.
[Amended 12-9-1992; 12-12-2007; 4-12-2023]
It shall be unlawful for any person to own a dog four months or over unless such dog is licensed as required by the provisions of this article, except as provided by § 3.2-6528 of the Code of Virginia.
[Amended 12-12-2007]
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 name of Frederick County and bear a serial number.
If a dog license shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the Treasurer or his agent who issued the same 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.
[Amended 12-9-1992]
Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by an Animal Control Officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog, and 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. The owner of the dog may remove the collar license tag required by this section when the dog is:
A. 
Engaged in lawful hunting.
B. 
Competing in a dog show.
C. 
Has a skin condition which would be exacerbated by the wearing of a collar.
D. 
Is confined.
E. 
Is under the immediate control of its owner.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this article, 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.
[Amended 12-12-2007]
Any person residing in the County may obtain a dog license by making oral or written application to the Treasurer, accompanied by the amount of license tax and certificate of vaccination as required by this article. The Treasurer or other officer charged with the duty of issuing dog licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the County and may require information to this effect from any applicant. Upon receipt of proper application and certificate of vaccination as required by this article, the Treasurer or other officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount, on which he shall record the name and address of the owner or custodian, the date of payment, licensing period, the serial number of the tag and whether male, female, spayed, neutered, or kennel and deliver the metal license tags or plates provided for herein. The Treasurer may establish substations in convenient locations in the County and appoint agents for the collection of the license tax and issuance of such license.
[Amended 12-12-2007; 4-12-2023]
No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer of the County charged by law with the duty of issuing license tags for dogs, at the time the application for the license is made, evidence satisfactory to him showing that such dog or each dog to be licensed has been inoculated or vaccinated against rabies by a currently licensed veterinarian. Applicant may also apply for a dog license on the Treasurer's Web site, providing that all criteria of Chapter 48 of this Code have been complied with, and the applicant can provide the date of vaccination, veterinarian and vaccination expiration date and certify these findings to the County Treasurer or local official responsible for issuing dog licenses.
[Amended 12-9-1992; 12-12-2007; 11-10-2010; 9-12-2018]
A. 
License periods for individual dogs shall be equal to and run concurrently with the rabies vaccination effective period for that respective dog. Notwithstanding the foregoing, pursuant to Va. Code § 3.2-6530B, a person may apply for a lifetime license for his or her dog. Lifetime licenses are not transferable between dogs or owners, and are not transferable to other localities. Any person who applies for a license tag for a neutered or spayed dog shall present, at the time of application, certification from a licensed veterinarian attesting to the neutering or spaying of the dog. If such certification is not so presented, the dog shall be taxed the fee levied on male or female dogs. Kennel licenses are only sold for a one-year period and shall be due on January 1 and not later than January 31 of each year. Inspections by animal control may be required before the issuance of a kennel license.
B. 
License taxes shall be in the following amounts:
Spayed or Neutered
Not Spayed or Neutered
One dog — for vaccination period of 12 months or less
$5.00
$10.00
One dog — for lifetime of dog — for dogs adopted from the Frederick County Animal Shelter
Free
Free
One dog — for lifetime of dog — for all other dogs
$10.00
$15.00
Multi-dog license — for January 1 to December 31:
20 multi-dog license
$30.00
50 multi-dog license
$50.00
[Amended 3-8-1989; 12-12-2007]
The license tax as prescribed in § 48-18 of this Code is due not later than 30 days after a dog has reached the age of four months, or not later than 30 days after an owner acquires a dog four months of age or older.
A. 
The Treasurer shall keep all money collected by him for dog license taxes in a separate account from all other funds collected by him.
(1) 
The County shall use the funds for the following purposes:
(a) 
The salary and expenses of the Animal Control Officer and necessary staff.
(b) 
The care and maintenance of the animal shelter.
[Amended 4-12-2023]
(c) 
The maintenance of a rabies control program.
(d) 
Payments as a bounty to any person neutering or spaying a dog up to the amount of one year of the license tax as provided herein.
(e) 
Payments for compensation as provided in § 48-8.
[Amended 4-12-2023]
(f) 
Efforts to promote sterilization of dogs and cats.
[Added 4-12-2023]
(2) 
Any part or all of any surplus remaining in such account on December 31 of any year may be transferred by the Board of Supervisors into the general fund of the County.
B. 
The County may supplement the dog license tax fund with other funds as it considers appropriate, but shall do so to the extent necessary to provide for Subsection A(1)(a), (b), and (c) above.
[Amended 4-12-2023]
A. 
Vaccination required. All dogs and cats shall be vaccinated for rabies as required by § 3.2-6521 of the Code of Virginia.
[Amended 12-9-1992; 4-12-2023]
B. 
Rabid animals.
(1) 
When there is sufficient reason to believe that a rabid animal is at large, the Board of Supervisors shall have the power to pass an emergency ordinance which shall become effective immediately upon passage, requiring owners of all dogs 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 thereby. 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 Board of Supervisors.
(2) 
Dogs 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 shall be destroyed.
(3) 
Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the County Health Officer the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies.
(4) 
Any animal bitten by an animal believed to be afflicted with rabies shall be destroyed immediately or confined in a pound, kennel or enclosure approved by the County Health Department for a period not to exceed six months at the expense of the owner, at a cost as set by resolution of the Board of Supervisors, provided that, if the bitten dog has been vaccinated against rabies within one year, the dog shall be revaccinated and confined to the premises of the owner for 30 days.
[Amended 12-9-1992]
(5) 
At the discretion of the County Health Officer, any animal which has bitten a person shall be confined under competent observation for 10 days, unless the animal develops active symptoms of rabies or expires before that time, provided that a seriously injured or sick animal may be humanely euthanized and its head sent to the State Health Department for evaluation.[1]
[1]
Editor's Note: Original Section 4-3-3, Treatment of persons bitten by or exposed to rabid animal, which immediately followed this section, was deleted 12-9-1992.