[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.
