[Adopted 5-3-2004[1]]
[1]
Editor's Note: This ordinance was adopted
pursuant to the authority of § 3.1-796.93:1 of the Code
of Virginia.
The title of this article is "An Ordinance Regulating
Dangerous Dogs and Vicious Dogs in Buchanan County, Virginia."
As used in this article, the following terms
shall have the meanings indicated:
A canine or canine crossbreed that has bitten, attacked,
or inflicted injury on a person or companion animal, or killed a companion
animal; however, when a dog attacks or bites another dog, the attacking
or biting dog shall not be deemed dangerous 1) if no serious physical
injury as determined by a licensed veterinarian has occurred to the
other dog as a result of the attack or bite; or 2) both dogs are owned
by the same person. No dog shall be found to be a dangerous dog as
a result of biting, attacking or inflicting injury of another dog
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 1) killed a person;
2) inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health, or serious impairment
of a bodily function; or 3) continued to exhibit the behavior that
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.
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 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. 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
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 article. 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 § 3.1-796.119 Code
of Virginia.
No canine or canine crossbreed shall be found
to be a dangerous dog or vicious dog solely because it is a particular
breed, nor shall this article be construed to prohibit the ownership
of a particular breed of canine or canine crossbreed. 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 1) committing, at the
time, a crime upon the premises occupied by the animal's owner or
custodian, 2) committing, at the time, a willful trespass or other
tort upon the premises occupied by the animal's owner or custodian,
or 3) 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 which,
at the time of the acts complained of, was responding to pain or injury,
or was protecting itself, its kennel, its offspring, or its owner
or owner's property, shall be found to be a dangerous dog or a vicious
dog.
The owner of any animal found to be a dangerous
dog shall, within 10 days of such finding, obtain a dangerous dog
registration certificate from the local Animal Control Officer for
a fee of $50, in addition to other fees that may be authorized by
law. The local Animal Control Officer 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. All certificates
obtained pursuant to this section shall be renewed annually for the
same fee and in the same manner as the initial certificate was obtained.
A.
All certificates or renewals thereof required to be
obtained under this article shall only be issued to persons 18 years
of age or older who present satisfactory evidence:
(1)
Of the animal's current rabies vaccination, if applicable;
and
(2)
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.
B.
In addition, owners who apply for certificates or
renewals thereof under this article, shall not be issued a certificate
or renewal thereof unless they present satisfactory evidence that:
(1)
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;
(2)
The animal has been permanently identified by means
of a tattoo on the inside thigh or by electronic implantation;
(3)
The the animal has been neutered or spayed; and
(4)
The owner has liability insurance coverage to the
value of at least $100,000 that covers animal bites.
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 owners 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.
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 article.
After an animal has been found to be a dangerous
dog, the animal's owner shall immediately, upon learning of same,
notify the local animal control authority if the animal:
The owner of any animal that has been found
to be a dangerous dog who willfully fails to comply with the requirements
of this article shall be guilty of a Class 1 misdemeanor.
All fees collected pursuant to this article,
less the costs incurred by the animal control authority in producing
and distributing the certificates and tags required by this article,
shall be paid into a special dedicated fund in the treasury of Buchanan
County for the purpose of paying the expenses of any training course
required under § 3.1-796.104:1 Code of Virginia.
