The following words and phrases shall, as used in this title, have the following meanings:
means 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 Section 3.2-6503 of the Code of Virginia for a period of five consecutive days.
means 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.
means 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.
means 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.
means 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; during hot weather, is properly shaded and does not readily conduct heat; during cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of hay, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, 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 (1) permit the animals' feet to pass through the openings, (2) sag under the animals' weight, or (3) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. The outdoor tethering of an animal shall not constitute the provision of adequate shelter unless the animal is safe from predators and well suited and well equipped to tolerate its environment during the effective period for a hurricane warning or tropical storm warning issued for the area by the National Weather Service, or during a heat advisory issued by a local or state authority, when the actual or effective outdoor temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower, or during the effective period for a severe weather warning issued for the area by the National Weather Service, including a winter storm, tornado, or severe thunderstorm warning, unless an animal control officer, having inspected an animal's individual circumstances, has determined the animal to be safe from predators and well suited and well equipped to tolerate its environment.
means sufficient space to allow each animal to (1) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (2) interact safely with other animals in the enclosure. When the animal is tethered, "adequate space" means that the tether to which the animal is attached permits the above 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, not of the choker type, that is 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; is at least the greater of 15 feet in length or four 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 or when an animal control officer, having inspected an animal's individual circumstances, has determined that in such an individual case, a tether of at least 10 feet or three times the length of the animal, but shorter than 15 feet or four times the length of the animal, makes the animal more safe, more suited, and better equipped to tolerate its environment than a longer tether; does not, by its material, size, or weight or any other characteristic, cause injury or pain to the animal; does not weigh more than one-tenth of the animal's body weight; and does not have weights or other heavy objects attached to it. The walking of an animal on a leash by its owner shall not constitute the tethering of the animal for the purpose of this definition. 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. The provisions of this definition that relate to tethering shall not apply to agricultural animals.
means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, 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.
means the transfer of ownership of a dog or cat from a releasing agency to an individual.
means all livestock and poultry.
means the temperature surrounding the animal.
means any nonhuman vertebrate species except fish. For the purposes of Section 3.2-6522 of the Code of Virginia, "animal" means any species susceptible to rabies. For the purposes of Section 3.2-6570 of the Code of Virginia, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
means any person employed, contracted, or appointed by the commonwealth or any political subdivision for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals and includes any state or municipal police officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of any dog or other animal.
means the Board of Agriculture and Consumer Services.
means a place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. "Boarding establishment" shall not include any private residential dwelling that shelters, feeds, and waters fewer than five companion animals not owned by the proprietor.
means 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.
means 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 which is bought, sold, traded, or bartered by any person. No agricultural animal, game species, or animal regulated under federal law as a research animal shall be considered a companion animal for the purposes of this chapter.
means 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.
means 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.
means any member of the canine or canine crossbreed family, regardless of sex, age, size, breed, or other characteristics.
means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.
means a structure used to house or restrict animals from running at large.
means 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.
means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture.
means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon.
means any room, building, or area used to contain a primary enclosure or enclosures.
means any action taken in consideration of and with the intent to provide for the animals' health and well-being.
means a person who has been appointed by a circuit court as a humane investigator as provided in Section 3.2-6558 of the Code of Virgina.
means any chartered, nonprofit organization incorporated under the laws of this commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.
means 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.
includes 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 Section 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.
means any law, rule, regulation, or ordinance promulgated by the governing body of any county, city, or town.
means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of Section 3.2-6574 of the Code of Virginia, and who adopts or receives a dog or cat from a releasing agency.
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.
means any person who: (1) has a right of property in an animal, (2) keeps or harbors an animal, (3) has an animal in his care, or (4) acts as a custodian of an animal.
means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
means 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.
means any structure used to immediately restrict an animal or animals 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.
means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization.
means that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned 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.
means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the shelter, 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.
means a facility operated by the commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality.
means a public animal shelter or a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption.
means 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.
means an animal off the real property of its owner or custodian and not under the owner's or custodian's immediate control.
means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
means the veterinarian employed by the Commissioner of Agriculture and Consumer Services as provided in Section 3.2-5901 of the Code of Virginia.
means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
means to restrain an animal by tying the animal to any object or structure, including but not limited to a house, tree, fence, post, garage, or shed, by any means, including but not limited to a chain, rope, cord, leash, pulley, trolley or running line. Tethering shall not include using a leash to walk an animal, the tying of an animal temporarily in emergency circumstances to prevent or minimize harm, or the tying of an animal temporarily for purposes of positioning, restraining, moving, or transporting it.
includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city.
means 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.
means an animal secured by a leash or lead, or penned up or in the immediate vicinity of a responsible owner or custodian, obedient to that person's command, and not engaged in destructive activity.
means treatment by or on the order of a duly licensed veterinarian.
means 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.
(Code 1985 § 6-1; Ord. 2008-03; Ord. 2010-14; Ord. 2017-12; Ord. 2018-20; Ord. 2019-37; Ord. 2020-29)