[Adopted 9-12-1984 as Ch. 5 of the 1984 Frederick County
Code]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A person appointed as an Animal Control Officer or Deputy
Animal Control Officer as provided in § 3.2-6555 of the Code
of Virginia.
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 § 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.
[Amended 4-12-2023]
Any person who:
[Amended 4-12-2023]
All domestic fowl and game birds raised in captivity.
Roaming off or running off the property of its owner or custodian
and not under its owner's or custodian's immediate control.
[Amended 4-12-2023]
The County Treasurer and his Assistants or other officer
designated by law to collect taxes in the County.
The immunization of a dog against rabies, whether by inoculation,
vaccination or any other method of treatment approved by the County
Health Officer.
Any licensed veterinarian authorized to practice veterinary
medicine in the state.
[1]
Editor's Note: This ordinance also repealed the former definition
of "kennel," which immediately followed this definition.
[Amended 12-9-1992; 4-12-2023]
A.
The Board of Supervisors appoints as the Animal Control
Officer and Deputy Animal Control Officers such Deputy Sheriffs as
the Sheriff shall designate to serve as Animal Control Officer and
Deputy Animal Control Officers. Such Officers shall be paid such compensation
as the Board of Supervisors may prescribe for Deputy Sheriffs. The
Animal Control Officer and the Deputy Animal Control Officers may
cause all dogs found running at large in violation of this article
to be caught and penned up in an animal shelter.
B.
The powers of enforcement of this chapter and all
laws for the protection of domestic animals shall be vested in the
Animal Control Officer and such Deputy Animal Control Officers as
may be appointed. Deputy Animal Control Officers shall have all the
powers and duties of the Animal Control Officer.
[Amended 6-12-2019]
A.
It shall be unlawful to permit any dog to run at large within the County at any time during the year. Except as provided in Subsection B, any person who permits a dog to run at large shall be deemed to have violated the provisions of this subsection and be subject to punishment as provided in § 48-10.
[Amended 4-12-2023]
B.
It shall also be unlawful to permit any dog to run at large in a pack within the County at any time during the year. For the purposes of this subsection, a dog shall be deemed to be running at large in a pack if it is running at large in the company of one or more other dogs that are also running at large. Any person who permits a dog to run at large in a pack shall be deemed to have violated the provisions of this subsection and, in addition to the punishment as provided in § 48-10, be subject to a civil penalty not to exceed $100 per dog so found. Any civil penalty collected pursuant to this subsection shall be deposited by the Treasurer pursuant to the provisions of § 3.2-6534 of the Code of Virginia (1950, as amended).
D.
It shall be unlawful to permit any vicious or destructive dog to
run at large within the County, and any person owning, having control,
or harboring any such dog is hereby required to keep the same confined
within his premises.
[Amended 4-12-2023]
E.
The provisions of this section shall not apply with respect to dogs
used for hunting.
[Added 3-11-1998[1]; amended 4-12-2023]
A.
As used in this section, "dangerous dog" means a canine or canine
crossbreed which a court of competent jurisdiction has determined
to be a dangerous dog pursuant to § 3.2-6540 of the Code
of Virginia; "serious injury" means an injury having a reasonable
potential to cause death or any injury other than a sprain or strain,
including serious disfigurement, serious impairment of health, or
serious impairment of bodily function and requiring significant medical
attention; and "vicious dog" means a canine or canine crossbreed which
has i) killed a person; ii) inflicted serious injury to a person,
including multiple bites, serious disfigurement, serious impairment
of health or serious impairment of a bodily function; or iii) 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.
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 may 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. Following the issuance of a summons following
an application pursuant to this subsection, an Animal Control Officer
may confine the animal until the evidence is heard and a verdict rendered.
If the Animal Control Officer determines that the owner can confine
the animal in a manner that protects the public safety, he may permit
the owner to confine the animal until the evidence is 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 i) shall order the animal's owner
to comply with the provisions of this section: ii) may order the owner
of the animal to pay restitution for actual damages to any person
injured by the animal or whose companion animal was injured or killed
by the animal, and such order shall not preclude the injured person
from pursuing civil remedies, including damages that accrue after
the original finding that the animal is a dangerous dog; and iii)
may order the owner to pay all reasonable expenses incurred in caring
and providing for such dangerous dog from the time the animal is taken
into custody until such time as the animal is disposed of or returned
to the owner. 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 § 3.2-6562 of the Code
of Virginia, 1950, as amended.
C.
No canine or canine crossbreed shall be found to be a dangerous dog
or vicious dog solely because it is a particular breed, nor is the
ownership of a particular breed of canine or canine crossbreed prohibited.
No animal shall be found by the court to be a dangerous dog or vicious
dog i) if that 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 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; ii) if the animal is
a police dog which was engaged in the performance of its duties as
such at the time of the acts complained of; or iii) if, at the time
of the acts complained of, the animal, was responding to pain or injury
or was protecting itself, its kennel, its offspring, a person, or
its owner or owner's property. Further, no animal shall be found
by the court to be a dangerous dog as a result of killing or inflicting
serious injury on a dog or cat while engaged with its owner as part
of lawful hunting or participating in an organized, lawful dog handling
event, or if the court determines based on the totality of the evidence
before it, or for other good cause, that the dog is not dangerous
or a threat to the community.
D.
Within 30 days of the finding that an animal is a dangerous dog pursuant
to this section, the owner shall i) provide documentation that the
animal has been neutered or spayed; ii) provide documentation that
the animal has been implanted with electronic identification registered
to the owner that shall be provided to the Animal Control Officer;
iii) present satisfactory evidence to the Animal Control Officer of
liability insurance coverage, to the value of at least $100,000, that
covers animal bites, or the owner may obtain and maintain a bond in
surety to the value of at least $100,000 in lieu of liability insurance;
iv) pay to the local governing body a fee of $150 and under the direction
of the Animal Control Officer complete a dangerous dog registration
certificate issued by the Department of Agriculture and Consumer Services
pursuant to § 3.2-6542, though no dangerous dog registration
certificate required to be obtained under this section shall be issued
to any person younger than 18 years of age; and v) post the residence
where the animal is housed with clearly visible signs warning both
minors and adults of the presence of a dangerous dog on the property,
which shall remain posted at all points of entry to the home and yard
as long as the animal remains on the property. The local Treasurer
shall also provide the owner with a uniformly designed tag which 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.
E.
By January 31 of each year, until the animal is deceased, the owner
of an animal found to be a dangerous dog pursuant to this section
shall update and renew the dangerous dog registration certificate
obtained pursuant to this section for a fee of $85 in the same manner
as the initial certificate was obtained. However, if the dangerous
dog adjudication occurred within 60 days of the end of the calendar
year, the first renewal shall be included in the initial registration
at no additional charge to the owner. No dangerous dog registration
certificate required to be obtained under this section shall be issued
to any person who is younger than 18 years of age or who fails to
present satisfactory evidence of i) compliance with the provisions
of this section and applicable state law; ii) the animal's current
rabies vaccination, if applicable; and iii) a current county or city
dog license, as appropriate. Prior to the renewal date of a dangerous
dog registration each year, a local Animal Control Officer shall conduct
an inspection of the dangerous dog and the premises on which it is
kept, and no certificate of renewal shall be issued without such inspection.
The Animal Control Officer shall post registration information on
the Virginia Dangerous Dog Registry established by Virginia Code § 3.2-6542.
F.
Any owner of a dangerous dog who keeps the dog outdoors and not within
the immediate physical presence of its owner shall, within 30 days
of the finding that an animal is a dangerous dog, cause to be constructed
a secure, locked enclosure of sufficient height and design to prevent
escape by the animal or entry by or direct physical contact with any
person or other animal. While so confined within the structure, the
animal shall be provided for according to Code of Virginia § 3.2-6503.
Any dangerous dog not confined inside a locked enclosure constructed
as described above shall be i) confined inside the owner's residence
or ii) if outdoors, controlled by a physical leash employed by the
responsible adult owner and securely muzzled in a manner that does
not cause injury to the animal or interfere with the animal's
vision or respiration but prevents it from biting a person or another
animal.
G.
If the owner of an animal found by a court to be a dangerous dog
is a minor, the custodial parent or legal guardian shall be responsible
for complying with all requirements of this section and applicable
state law.
H.
The owner of a dog found to be dangerous shall cause the local Animal
Control Officer to be promptly notified of i) any change in the manner
of locating the owner or the dog at any time; ii) any transfer of
ownership of the dog to a new owner, including the name and address
of the new owner; iii) any instance in which the animal is loose or
unconfined; iv) any complaint or incident of attack or bite by the
dog upon any person or cat or dog; v) any claim made or lawsuit brought
as a result of any attack; and vi) the escape, loss, or death of the
dog.
I.
Any owner of any animal previously found by a court to be a dangerous
dog who willfully fails to comply with the requirements of this section
and applicable state law shall be guilty of a Class 1 misdemeanor.
The court may determine that a person convicted under this subsection
shall be prohibited from owning, possessing, or residing on the same
property with a dog.
J.
All fees collected pursuant to this section, less the costs incurred
by the Animal Control Officer in producing and distributing the certificates
and tags required by this section and any fees due to the Department
of Agriculture and Consumer Services for maintenance of the Virginia
Dangerous Dog Registry established by § 3.2-6542 of the
Code of Virginia, 1950, as amended, 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 § 3.2-6556
of the Code of Virginia, 1950, as amended.
[1]
Editor's Note: This ordinance also provided
that this section is in accordance with the Code of Virginia 1950,
as amended, § 3.1-796.93:1.
A.
The Board of Supervisors shall cause to be constructed
and maintained an animal shelter. The Animal Control Officer shall
cause dogs running at large contrary to the provisions of this article
to be confined therein. Any dog which has been confined for a period
of five days and has not been claimed by the owner thereof may be
destroyed by the Animal Control Officer or otherwise disposed of in
accordance with this section.
[Amended 4-12-2023]
B.
Any dog confined under any of the provisions of this
chapter may be redeemed by its owner at any time after confinement,
if such dog has not been otherwise disposed of under the provisions
of this section, upon payment of the proper fees. No dog shall be
released to any person claiming ownership until proof of a current
dog license receipt or tag and a current valid vaccination certificate
are presented.
C.
If the dog has not been claimed, it may be humanely
destroyed or disposed of by sale or gift to a federal agency or state-supported
institution, agency of the commonwealth, agency of another state or
a licensed federal dealer or by delivery to any local humane society,
shelter or to any person who is a resident of Virginia who will pay
the required license tax on such animal. No provision herein shall
prohibit the destruction of a critically injured or critically ill
dog for humane purposes. The animal shelter shall be accessible to
the public at reasonable hours during the week.
[Amended 5-10-1989; 4-12-2023]
[Amended 4-12-2023]
In the event that the Animal Control Officer has caused to be confined pursuant to § 48-4 a dog found running at large and on which the license tax has not been paid, the Animal Control Officer may deliver such dog to any person in his jurisdiction who will pay the required license tax on such dog, with the understanding that, should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the Animal Control Officer the amount of the license tax paid by him and a reasonable charge for the keep of the dog while in his possession. Any Animal Control Officer euthanizing a dog under this chapter shall cremate, bury, or sanitarily dispose of the same; provided, however, that prior to disposition by euthanasia or otherwise, all the provisions of § 48-4 shall have been complied with.
All dogs shall be deemed personal property and
may be the subject of larceny and malicious or unlawful trespass,
and the owners thereof may maintain any action for the killing of
any such dogs or injury thereto or unlawful detention or 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 chapter by
any person shall be entitled to recover the value thereof or the damage
done thereto in an appropriate action at law from such person. An
Animal Control Officer or other officer finding a stolen dog or a
dog held or detained contrary to law shall have the authority to seize
and hold such dog pending action before a General District Court or
other court. If no such action is instituted within seven 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,
and the Animal Control Officer may take such dog in charge and notify
its legal owner to remove him. The legal owner of the dog shall pay
a charge as specified by the Board of Supervisors for the keep of
such dog while in the possession of the Animal Control Officer.
[Amended 12-9-1992]
It shall be the duty of the Animal Control Officer
who may find a dog in the act of killing or injuring livestock or
poultry to kill such dog forthwith whether such dog bears a tag or
not, and any person finding a dog committing any of the depredations
mentioned in this section shall have the right to kill such dog on
sight. Any court shall have the power to order the Animal Control
Officer or other officer to kill any dog known to be a confirmed livestock
or poultry killer. Any dog that kills livestock or poultry for the
third time shall be considered a confirmed killer. Any Animal Control
Officer or other person who has reason to believe that any dog is
killing livestock or committing any of the depredations mentioned
in this section shall apply to a Magistrate of the County, who shall
issue a warrant requiring the owner or custodian, if known, to appear
before a District Court at a time and place named therein, at which
time evidence shall be heard. If it shall appear that such a dog is
a livestock or poultry killer or has committed any of the depredations
mentioned in this section, the dog shall be ordered killed immediately,
which the Animal Control Officer or other officer designated by the
Judge of the District Court to act shall do.
[Amended 12-9-1992; 4-12-2023]
Any person who has any livestock or poultry
killed or injured by any dog not his own shall be entitled to receive
compensation as provided under § 3.2-6553 of the Code of
Virginia.
[Amended 4-12-2023]
The owner of any dog which had died from disease
or other cause shall forthwith cremate, bury or sanitarily dispose
of the same. If, after notice,
any owner fails to do so, the Animal Control Officer shall bury or
cremate the dog; and he may recover on behalf of the County from the
owner his costs for his services.
[Amended 12-9-1992; 12-12-2007; 4-12-2023]
A.
The following acts shall be unlawful acts as authorized
in § 3.2-6587 of the Code of Virginia and constitute Class
4 misdemeanors as provided for in § 18.2-11 of the Code
of Virginia:
(1)
License application. For any person to make a false
statement in order to secure a dog license to which he is not entitled.
(2)
License tax. For any dog owner to fail to pay the
license tax required by this chapter before February 1 for the year
in which it is due. In addition, the court may order confiscation
and the proper disposition of the dog.
(5)
Diseased dogs. For the owner of any dog with a contagious
or infectious disease to permit such dog to stray from his premises
if such disease is known to the owner.
(6)
Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog, without the permission of the owner or custodian, except as § 48-14 permits.
(7)
Concealing a dog. For any person to conceal or harbor
any dog on which the license tax has not been paid.
(8)
Any other violation of this article for which a specific
penalty is not provided.
[Amended 12-9-1992; 12-12-2007; 4-12-2023]
It shall be unlawful for any person to own a
dog four months or over unless such dog is licensed as required by
the provisions of this article, except as provided by § 3.2-6528
of the Code of Virginia.
[Amended 12-12-2007]
A dog license shall consist of a license receipt
and a metal tag. The tag shall be stamped or otherwise permanently
marked to show the name of Frederick County and bear a serial number.
If a dog license shall become lost, destroyed
or stolen, the owner or custodian shall at once apply to the Treasurer
or his agent who issued the same for a duplicate license tag, presenting
the original license receipt. Upon affidavit of the owner or custodian
before the Treasurer or his agent that the original license tag has
been lost, destroyed or stolen, he shall issue a duplicate license
tag, which the owner or custodian shall immediately affix to the collar
of the dog. The Treasurer or his agent shall endorse the number of
the duplicate and the date issued on the face of the original license
receipt. The fee for a duplicate tag for any dog shall be $1.
[Amended 12-9-1992]
Dog license receipts shall be carefully preserved
by the licensees and exhibited promptly on request for inspection
by an Animal Control Officer. Dog license tags shall be securely fastened
to a substantial collar by the owner or custodian and worn by such
dog, and 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. The owner of the dog may remove the collar license
tag required by this section when the dog is:
Any dog not wearing a collar bearing a license
tag of the proper calendar year shall prima facie be deemed to be
unlicensed, and in any proceedings under this article, the burden
of proof of the fact that such dog has been licensed or is otherwise
not required to bear a tag at the time shall be on the owner of the
dog.
[Amended 12-12-2007]
Any person residing in the County may obtain
a dog license by making oral or written application to the Treasurer,
accompanied by the amount of license tax and certificate of vaccination
as required by this article. The Treasurer or other officer charged
with the duty of issuing dog licenses shall only have authority to
license dogs of resident owners or custodians who reside within the
boundary limits of the County and may require information to this
effect from any applicant. Upon receipt of proper application and
certificate of vaccination as required by this article, the Treasurer
or other officer charged with the duty of issuing dog licenses shall
issue a license receipt for the amount, on which he shall record the
name and address of the owner or custodian, the date of payment, licensing
period, the serial number of the tag and whether male, female, spayed,
neutered, or kennel and deliver the metal license tags or plates provided
for herein. The Treasurer may establish substations in convenient
locations in the County and appoint agents for the collection of the
license tax and issuance of such license.
[Amended 12-12-2007; 4-12-2023]
No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer of the County charged by law with the duty of issuing license tags for dogs, at the time the application for the license is made, evidence satisfactory to him showing that such dog or each dog to be licensed has been inoculated or vaccinated against rabies by a currently licensed veterinarian. Applicant may also apply for a dog license on the Treasurer's Web site, providing that all criteria of Chapter 48 of this Code have been complied with, and the applicant can provide the date of vaccination, veterinarian and vaccination expiration date and certify these findings to the County Treasurer or local official responsible for issuing dog licenses.
[Amended 12-9-1992; 12-12-2007; 11-10-2010; 9-12-2018]
A.
License periods for individual dogs shall be equal to and run concurrently
with the rabies vaccination effective period for that respective dog.
Notwithstanding the foregoing, pursuant to Va. Code § 3.2-6530B,
a person may apply for a lifetime license for his or her dog. Lifetime
licenses are not transferable between dogs or owners, and are not
transferable to other localities. Any person who applies for a license
tag for a neutered or spayed dog shall present, at the time of application,
certification from a licensed veterinarian attesting to the neutering
or spaying of the dog. If such certification is not so presented,
the dog shall be taxed the fee levied on male or female dogs. Kennel
licenses are only sold for a one-year period and shall be due on January
1 and not later than January 31 of each year. Inspections by animal
control may be required before the issuance of a kennel license.
B.
License taxes shall be in the following amounts:
|
Spayed or Neutered
|
Not Spayed or Neutered
| |
|---|---|---|
|
One dog — for vaccination period of 12 months or less
|
$5.00
|
$10.00
|
|
One dog — for lifetime of dog — for dogs adopted
from the Frederick County Animal Shelter
|
Free
|
Free
|
|
One dog — for lifetime of dog — for all other dogs
|
$10.00
|
$15.00
|
|
Multi-dog license — for January 1 to December 31:
| ||
|
20 multi-dog license
|
$30.00
| |
|
50 multi-dog license
|
$50.00
|
[Amended 3-8-1989; 12-12-2007]
The license tax as prescribed in § 48-18 of this Code is due not later than 30 days after a dog has reached the age of four months, or not later than 30 days after an owner acquires a dog four months of age or older.
[Amended 4-12-2023]
Payment of the license tax subsequent to a summons
to appear before a court for failure to do so within the time required
shall not operate to relieve such owner from the penalties provided
or court costs provided under § 16.1-69.48:1 or 17.1-275.7 of
the Code of Virginia.
A.
The Treasurer shall keep all money collected by him
for dog license taxes in a separate account from all other funds collected
by him.
(1)
The County shall use the funds for the following purposes:
(a)
The salary and expenses of the Animal Control Officer and necessary
staff.
(b)
The care and maintenance of the animal shelter.
[Amended 4-12-2023]
(c)
The maintenance of a rabies control program.
(d)
Payments as a bounty to any person neutering
or spaying a dog up to the amount of one year of the license tax as
provided herein.
(f)
Efforts to promote sterilization of dogs and cats.
[Added 4-12-2023]
(2)
Any part or all of any surplus remaining in such account
on December 31 of any year may be transferred by the Board of Supervisors
into the general fund of the County.
A.
Vaccination required. All dogs and cats shall be vaccinated
for rabies as required by § 3.2-6521 of the Code of Virginia.
[Amended 12-9-1992; 4-12-2023]
B.
Rabid animals.
(1)
When there is sufficient reason to believe that a
rabid animal is at large, the Board of Supervisors shall have the
power to pass an emergency ordinance which shall become effective
immediately upon passage, requiring owners of all dogs therein to
keep the same confined on their premises unless leashed under restraint
of the owner in such a manner that persons or animals will not be
subject to the danger of being bitten thereby. Any such emergency
ordinance enacted pursuant to the provisions of this section shall
be operative for a period not to exceed 30 days unless renewed by
the Board of Supervisors.
(2)
Dogs showing active signs of rabies or suspected of
having rabies shall be confined under competent observation for such
a time as may be necessary to determine a diagnosis. If confinement
is impossible or impracticable, such dog shall be destroyed.
(3)
Every person having knowledge of the existence of
an animal apparently afflicted with rabies shall report immediately
to the County Health Officer the existence of such animal, the place
where seen, the owner's name, if known, and the symptoms suggesting
rabies.
(4)
Any animal bitten by an animal believed to be afflicted
with rabies shall be destroyed immediately or confined in a pound,
kennel or enclosure approved by the County Health Department for a
period not to exceed six months at the expense of the owner, at a
cost as set by resolution of the Board of Supervisors, provided that,
if the bitten dog has been vaccinated against rabies within one year,
the dog shall be revaccinated and confined to the premises of the
owner for 30 days.
[Amended 12-9-1992]
(5)
At the discretion of the County Health Officer, any
animal which has bitten a person shall be confined under competent
observation for 10 days, unless the animal develops active symptoms
of rabies or expires before that time, provided that a seriously injured
or sick animal may be humanely euthanized and its head sent to the
State Health Department for evaluation.[1]
[1]
Editor's Note: Original Section 4-3-3, Treatment
of persons bitten by or exposed to rabid animal, which immediately
followed this section, was deleted 12-9-1992.
