[Adopted 7-14-1988; amended in its entirety 6-12-2003]
Pursuant to §§ 3.1-796.93:1 and
3.1-796.127:1 of the Code of Virginia, 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 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 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 on 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:
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 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.
A.
Notwithstanding the provisions of this section, an
Animal Control Officer may determine, after investigation, whether
a dog is a dangerous dog. If the Animal Control Officer determines
that a dog is a dangerous dog, he may order the animal's owner to
comply with the provisions of the ordinance. If the animal's owner
disagrees with the Animal Control Officer's determination, he may
appeal the determination to the general district court for a trial
on the merits.
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 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 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 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.
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 the local governing body 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 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 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 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's
or owners' 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 subdivision shall be renewed annually for
the same fee and in the same manner as the initial certificate was
obtained.
[Amended 8-10-2006]
All 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 that the
animal has been neutered or spayed and who present satisfactory evidence
of the animal's current rabies vaccination, if applicable, 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.
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.
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 is loose or
unconfined; bites a person or attacks another animal; is sold, given
away, or dies; or has been moved to a different address.
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 the
locality for the purpose of paying the expenses of any training course
required under § 3.1-796.104:1.
The owner of any companion animal that is injured
or killed by a dog shall be entitled to recover damages consistent
with the provisions of § 3.1-796.127 from the owner of such
dog in an appropriate action at law if the injury occurred on the
premises of the companion animal's owner, and the owner of the offending
dog did not have the permission of the companion animal's owner for
the dog to be on the premises at the time of the attack.
