The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
- ANIMAL CONTROL OFFICER
- Any person employed, contracted or appointed by the commonwealth
or any political subdivision for the purpose of aiding in the enforcement
of this article 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
include the seizure or taking into custody of any dog or other animal.[Amended 4-7-1997]
- EXHAUSTION OF REMEDIES
- A judgment against the owner of the dog upon which an execution
has been returned unsatisfied or a written conclusion filed by the
Animal Control Officer, stating that the identity of the dog is indeterminable.[Amended 4-7-1997]
- Includes all domestic or domesticated bovine animals, equine animals, ovine animals, porcine animals, ervidae animals, capradae animals, animals of the genus hama, 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.
- MONETARY OBLIGATION
- Includes real or personal property taxes owed to the County or Commonwealth of Virginia; unpaid fines, costs, levies, assessments, fees or wages owing to the County, Commonwealth of Virginia or any other governmental agency within the County; or unpaid restitution owed to the County, Commonwealth of Virginia or any citizen of the County.
- Includes all domestic fowl or game birds raised in captivity.
All persons entitled to payment hereunder for livestock and fowl killed by dogs shall receive as compensation the fair market value of such livestock or poultry, not to exceed $400 per animal and $10 per fowl.
A claim for veterinary fees to treat animals injured by dogs shall be accompanied by a full report for services rendered and an itemized statement from the veterinarian. No such reimbursement shall exceed 50% of the fair market value of the injured animal.
All persons setting forth claims hereunder shall not be entitled to compensation hereunder unless they:
Notify the Animal Control Officer of the incident within 72 hours of its discovery;
Provide, within 60 days of discovery, written evidence of the injured livestock or poultry and the reasons the claimant believes that death or injury was caused by a dog; and
Exhaust his/her legal remedies against the owner, if known, of the dog doing the damage for which compensation is sought.
Upon successful completion of the claim, the owner of the dead or injured livestock shall be paid pursuant to the terms hereof by the County. The County, upon payment of the same, shall be subrogated to the extent of compensation paid to the owner of the livestock or poultry.
Any person claiming hereunder and entitled to compensation hereby shall not receive payment of such sum if he/she owes a monetary obligation to the County or Commonwealth of Virginia. Said moneys shall be forfeited to the County or commonwealth, and the claimant shall receive credit therefor. Further, only that livestock which has been duly reported and assessed as personalty to the Buchanan County Commissioner of Revenue's office shall be compensable pursuant to this article.