[Adopted 9-25-1973; amended 6-26-1979; 10-28-1986; 8-31-1988; 4-28-1992]
Pursuant to the authority contained in §§ 15.2-1200
and 3.2-6555, Code of Virginia, 1950, as amended, the position of
Animal Control Officer for Mathews County, Virginia, is hereby created
and established, and the licensing and regulation of dogs within Mathews
County, Virginia, is hereby required. The Animal Control Officer shall
discharge the duties and responsibilities of the position of Animal
Control Officer as set forth in §§ 3.2-6555 and 3.2-6557,
Code of Virginia, 1950, as amended, and such other duties as may be
required by the Board of Supervisors from time to time.
[Amended 9-25-2001]
The terms used in this article shall be as set
forth in § 3.2-6500 of the Code of Virginia.
[Amended 9-25-2001; 12-16-2008]
A.
It
shall be unlawful for any person to own or have in his or her custody
within the County of Mathews a dog four months or more of age unless
such dog is licensed as provided in this article and Article 5, § 3.2-6521
et seq., of the Code of Virginia of 1950, as amended.
B.
The
license tax shall be as follows:
[Amended 10-26-2010[1]]
|
Dog
(male or female)
|
Type of Rabies Certificate*
|
License Tax
| |
|---|---|---|---|
|
Unneutered/Unspayed
|
One-year
Up to 3 years
|
$10
$25
| |
|
Neutered/Spayed*
|
One-year
Up to 3 years
|
$5
$10
| |
|
Kennel for not over 20 dogs
|
One-year
|
$35
| |
|
Kennel for 21 but not over 50 dogs
|
One-year
|
$45
|
|
Note:
|
|
*Evidence from a licensed veterinarian required.
|
[1]
Editor's Note: This ordinance also provided for an effective
date of 7-1-2011 for the amended kennel license fees.
C.
Duplicate
licenses to replace current previously purchased licenses shall be
issued by the Treasurer's Office for $1 per tag.
D.
The license tax for each dog is due no later than 30 days after a
dog has reached the age of four months, or no later than 30 days after
an owner acquires a dog four months of age or older. Such license
tax shall cover a license period which runs concurrently with the
rabies vaccination and shall expire upon the expiration of the current
rabies vaccination.
E.
The repeal, regulations and fees set out above and in the present
ordinance shall become effective commencing July 1, 2009, for licenses
sold for 2010 and thereafter.
[Amended 9-25-2001]
The license tax shall be due and payable as
follows:
A.
On or before January 1 and not later than January
31 of each year, the owner of any dog four months old or older shall
pay a license tax as prescribed in the preceding section.
B.
If a dog shall become four months of age or come into
the possession of any person residing in this county between January
1 and October 1 of any year, a license tax for the current calendar
year shall be paid by the owner forthwith.
C.
If a dog shall become four months of age or come into
the possession of any person in this county between November 1 and
December 31 of any year, the license tax for the succeeding calendar
year shall be paid forthwith by the owner, and such license shall
protect the dog from the date of payment of the license tax to the
end of the succeeding calendar year.
Payment of the license tax subsequent to a summons
to appear before the Judge of the District Court or other court for
failure to have done so within the time permitted by this article
shall not operate to relieve such owner from the penalties provided
for violation of the provisions of this article.
Any dog inspected and found not to be wearing
a collar to which is attached a license tag issued for the current
calendar year shall be considered, prima facie, an unlicensed dog,
and in any proceedings under this article the burden of proof of the
fact that the dog has been licensed or is otherwise not required to
wear a license tag at the time shall be upon the owner of the dog.
Any resident of this County may obtain a dog
license by making oral or written application to the Treasurer, accompanied
by the amount of the license tax and certificate of vaccination. The
Treasurer shall have authority to license only dogs of owners or custodians
who reside within the boundary limits of Mathews County and may require
information to establish the location of the residence of the applicant.
Upon receipt of proper application and certificate of vaccination,
the Treasurer shall issue a license receipt on which he/she shall
record the name and address of the owner or custodian, the amount
of the license tax paid, the date of payment, the year for which issued,
the serial number of the tag, and whether for a male, unsexed female,
female or kennel and shall deliver the metal license tags or plates
to the applicant forthwith.
A.
It shall be unlawful for any person to own or have
the custody of any dog four months or more of age within the County
unless such dog shall have been vaccinated or inoculated, by a currently
licensed veterinarian, against rabies, with a serum and in a manner
approved by the State Board of Health, and such vaccination or inoculation
is kept current and effective to produce immunity to rabies as determined
by the State Board of Health by reason of the type and dose of such
vaccination or inoculation.
Upon the inoculation or vaccination of a dog
by a currently licensed veterinarian under the provisions of this
article, the veterinarian shall issue to the person procuring such
inoculation or vaccination a certificate bearing the signature of
the veterinarian and stating that he/she is a veterinarian currently
licensed by the state, and which shall set forth the name and address
of the owner or custodian of the dog, a brief description of the dog,
type and dose of inoculation or vaccination and the date of inoculation
or vaccination and the period of time thereafter during which such
dog is deemed to be immune to rabies. The veterinarian shall retain
a duplicate or carbon copy of each certificate for so long as the
immunity to rabies caused by such inoculation or vaccination is deemed
to be effective.
A dog license shall consist of a license receipt
and a metal tag in the type and design adopted by the County Board
of Supervisors. The tag shall be stamped or otherwise permanently
marked to show the sex of the dog and the calendar year for which
issued and shall bear a serial number. The license tag for a kennel
shall show the number of dogs authorized to be kept under such license
and shall have attached thereto a metal identification plate for each
of such dogs numbered to correspond with the serial number of the
license tag.
If a dog license shall become lost, destroyed,
or stolen, the owner or custodian shall immediately present the original
license receipt to the Treasurer and make application for a duplicate
license tag. Upon affidavit of the owner or custodian to the Treasurer
that the original license tag has been lost, destroyed, or stolen,
the Treasurer shall issue a duplicate license tag which the owner
or custodian shall immediately affix to the collar of the dog. The
Treasurer shall endorse the number of the duplicate tag and the date
issued on the face of the original license receipt. The fee for the
issuance of a duplicate tag shall be $0.25.
[Amended 9-25-2001]
A dog license receipt shall be carefully preserved
by the owner or custodian of the dog and exhibited promptly on request
for inspection by any Animal Control Officer or other law enforcement
officer. A dog license tag shall be securely fastened to a substantial
collar by the owner or custodian and worn by such dog at all times.
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, except that the collar and license tag may be removed temporarily
when engaged in lawful hunting in open season and when accompanied
by the owner or custodian.
The owner of a kennel shall securely fasten
the license tag to the kennel enclosure in full view and keep one
of the identification plates provided therewith attached to the collar
of each dog authorized to be kept enclosed in the kennel. Any identification
plates not so in use must be kept by the owner or custodian and promptly
shown to any Animal Control Officer or law enforcement officer upon
request. A kennel dog shall not be permitted to stray beyond the limits
of the kennel enclosure, but this restriction shall not operate to
prohibit dogs being temporarily removed from the kennel while under
the control of the owner or custodian to exercise, hunt, breed, show,
or to engage in field trials. A kennel shall not be operated in any
manner to defraud the County of the license tax payable on dogs which
cannot be legally considered as kennel dogs or in any manner to violate
other provisions of this article.
All dogs in this County shall be deemed to be
personal property and may be subject to larceny and malicious or unlawful
trespass, and the owners thereof may maintain any action for killing
of such dogs, for injury thereto, for unlawful detention or for 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
article or any other law shall be entitled to recover the value thereof
or the damage done thereto in an appropriate action at law. An Animal
Control Officer or other law enforcement officer finding a stolen
dog or a dog held or detained contrary to law shall have authority
to seize and hold such dog pending action before the County or other
court. If no such action is instituted within five 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 or occupant
of such premises, but it shall be his/her duty to notify the Animal
Control Officer immediately, and the Animal Control Officer shall
take such dog in charge and notify its legal owner to remove the dog.
The legal owner of the dog shall pay a reasonable charge for the keep
of such dog while in the possession of the Animal Control Officer.
It shall be the duty of any Animal Control Officer
who may find a dog in the act of killing, injuring, or chasing sheep
or other livestock confined in pasture, feedlot, bar, or stable to
kill such dog forthwith whether such dog is wearing a tag or not;
any person finding a dog committing any of the aforementioned acts
and depredations set forth shall have the right to kill such dog on
sight. The District Court or any other court and the Board of Supervisors
shall have the power to order the Animal Control Officer or other
law enforcement officer to kill any dog known to be a confirmed poultry
killer. Any dog observed killing fowls for the third time shall be
considered a confirmed poultry killer. Any Animal Control Officer
or other person who has reason to believe that any dog is killing
livestock or committing any of the aforementioned acts and depredations
set forth in this section shall apply to a justice of the peace of
the County who shall issue a warrant requiring the owner or custodian,
if known, to appear before the Judge of the District Court at the
time and place named therein at which time evidence shall be heard,
and if it shall appear that such dog is a livestock killer or has
committed any of the aforementioned acts and depredations set forth
in this section, the dog shall be ordered to be killed immediately
by the Animal Control Officer or other officer designated by the Judge
of the District Court.
[Amended 9-25-2001]
Any Animal Control Officer who has reason to
believe that any dog is injuring or killing companion animals, other
than livestock or poultry or dogs as herein defined, shall apply to
the Magistrate of the County for the issuance of a warrant requiring
the owner or custodian, if known, to appear before the General District
Court at a specified time. The Animal Control Officer or owner shall
confine the dog until such time as evidence shall be heard and a verdict
rendered. If it appears from the evidence that the dog has injured
or killed companion animals, the Court may order the animal confined
pending further order of the Court. If it appears from the evidence
that the dog has habitually injured or killed companion animals, the
Court may order the dog killed in accordance with provisions of § 3.2-6562
of the Code of Virginia, 1950, as amended. In addition to such other
remedies, including restitution, as the Court may deem appropriate,
violation of this section shall constitute a Class 4 misdemeanor as
provided in § 3.2-6587 of the Code of Virginia, 1950, as
amended.
It shall be the duty of the Animal Control Officer
to take in charge any dog of unknown ownership found running at large
on which the license tax has not been paid and to hold such dog for
a period of five days, during which time the Animal Control Officer
shall attempt to establish the ownership of such dog. If after five
days the ownership has not been established nor the dog claimed and
the license tax paid, the Animal Control Officer shall kill such dog,
provided that the Animal Control Officer may deliver such dog to any
person in this County who will pay the required license tax on such
dog. Should the legal owner thereafter claim the dog and prove his/her
ownership, he/she may recover such dog by paying to the person to
whom the dog was delivered by the Animal Control Officer the amount
of the license tax paid by him/her and a reasonable charge for the
keep of the dog while in his/her possession. Any person, Animal Control
Officer, or other law enforcement officer killing a dog under this
article shall bury the same.
A.
Any person who has any livestock or poultry killed
or injured in Mathews County by a dog not his/her own shall be entitled
to receive as compensation from the Board of Supervisors of the County
of Mathews a reasonable value of such livestock or poultry, but not
more than the assessed value of such livestock based upon the fair
market value of such livestock and the fair market value of unassessed
lambs, calves and poultry. Nothing herein shall be construed as limiting
the common law liability of an owner of a dog for damages committed
by it, and, when compensation is paid as above provided, the County
of Mathews shall be subrogated to the extent of compensation paid
to the right of action to the owner of such livestock or poultry against
the owner of the dog and may enforce the same in any evidence under
oath of quantity and value to the Board of Supervisors of Mathews
County within 60 days after sustaining such damage.
B.
No payment by the County of Mathews shall be made
under this section unless and until the claimant shall have exhausted
his/her legal remedies against the owner of the dog doing the damage
for which compensation under this section is sought. The claimant
shall submit evidence to the Board of Supervisors of Mathews County
that said claimant has exhausted his/her legal remedies against the
owner of the dog, if known. No payment shall be made to the claimant
unless the owner of such livestock or poultry which has been killed
or injured by a dog or dogs shall have notified the Animal Control
Officer of his/her intention to make a claim and shall have afforded
the Animal Control Officer an opportunity to view such livestock or
poultry within 24 hours of the discovery by the owner of the death
of or injury to such livestock or poultry, and said Animal Control
Officer shall certify to the Board of Supervisors of Mathews County
that he/she found physical evidence upon the animal or animals that
a dog or dogs caused such injury or death to the same.
The owner of any dog which has died from disease
or other cause shall forthwith cremate or bury such dead dog. If the
owner fails to do so, or leaves the dead dog on the County dump or
other place, the Judge of the District Court, after notice to such
owner, shall order such dead dog to be cremated or buried by such
person as the Judge may designate and shall require the owner to pay
the person so designated in an amount not exceeding the sum of $2.50,
free from all encumbrances. If the owner of any such dead dog is not
known, the person designated shall be entitled to recover the sum
from the Dog Fund.
The following acts shall be deemed misdemeanors
and enforced by proceedings before a Judge of the District Court:
A.
Diseased dogs. For the owner of any dog with a known
contagious or infectious disease to permit such dog to stray from
his/her premises.
B.
Female dog in season. For the owner of any female
dog to permit such dog to stray from his/her premises while such dog
is known to be in season.
C.
Removing collar and tag. For any person, except the
owner or custodian, to remove a legally acquired license tag from
a dog.
D.
Concealing a dog. For any person to conceal or harbor
any dog on which the license tax has not been paid, or to conceal
a mad dog to keep the dog from being killed.
[Amended 9-25-2001]
A.
The following shall be unlawful acts and constitute
Class 4 misdemeanors:
(1)
License application. For any person to make a false
statement in order to secure a dog license to which he/she is not
entitled.
(2)
License tax. For any dog owner to fail to pay any
license tax required by this article prior to February 1 for the year
in which it is due. In addition, the court may order confiscation
and the proper disposition of the dog or cat.
(3)
Running at large. For any dog owner to allow a dog
to run at large in violation of this article.
(4)
Rabies regulations. For any person to fail to obey
the rabies requirements set forth in this article.
(5)
Other violations. Any other violation of this article
for which a specific penalty is not provided.
B.
It shall be a Class 1 misdemeanor for any person to
present a false claim or to receive any money on a false claim under
the provisions of § 3.2-6553 of the Code of Virginia.
C.
All fines collected from any person for violating
any provision of this article, upon conviction thereof, shall be credited
to the general fund of the County and deposited by the County Treasurer
in the same manner as that prescribed for other County moneys.
