[Adopted 1-6-1992; amended in its entirety 11-5-2012]
This article is adopted pursuant to the authority of Code of Virginia, §§ 3.2-6538 and 3.2-6539. The Board of Supervisors finds that dogs that trespass on land from which they were banned by the landowner (prohibited lands) constitute a category of dogs whose ability to run at large on those prohibited lands should be restrained.
Any landowner who does not want the dog(s) of another person to run at large on his or her property may give a written notice to the owner of said dog(s) to keep them off the landowner's property. Such notice shall describe the property with such clarity as to put the owner of the dog(s) on notice as to the location of the prohibited lands. The written notice may be served by the Sheriff of Rappahannock County upon payment of a service fee, or sent by certified mail, return receipt requested.
It is a violation of this article for any dog owner who has received the written notice referred to in § 65-8 to allow his or her dog or dogs to go upon the property referred to in the written notice. There shall be a civil penalty of $150 for each violation of this article. An animal control officer or law enforcement officer may issue a summons for a violation. Any person summoned may make an appearance, in person or in writing by mail, to the Clerk of the General District Court of Rappahannock County prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. (Note: See § 3.2-6543, Code of Virginia.) Nothing in this article shall prevent a landowner from proceeding against the owner of any trespassing dog for damages or injunctive relief.
Nothing in this article shall prevent the killing of any dog found in the act of killing or injuring livestock or poultry or chasing livestock on land utilized by the livestock under circumstances harmful to the livestock, or prevent the seizure of such dog by the Animal Warden as provided by 3.2-6552 of the Code of Virginia.