For the purposes of this chapter, the following words shall
have the meaning given herein.
To desert, forsake, or to absolutely give up an animal without
having secured another owner or custodian or failing to provide the
following basic elements of care for a period of five consecutive
days: adequate feed, water, shelter, exercise, space in the primary
enclosure for the particular type of animal depending on its age,
size and weight; care, treatment, and transportation; and veterinary
care when needed to prevent suffering or disease transmission.
The responsible practice of good animal husbandry, handling,
production, management, confinement, feeding, watering, protection,
shelter, transportation, treatment, and, when necessary, euthanasia
appropriate for the age, species, condition, size and type of the
animal, and the provision of veterinary care when needed to prevent
suffering or impairment of health.
The opportunity for the animal to move sufficiently to maintain
normal muscle tone and mass for the age, species, size and condition
of the animal.
The access to and the provision of food which is of sufficient
quantity and nutritive value to maintain each animal in good health;
is accessible to each animal; is prepared so as to permit ease of
consumption for the age, species, condition, size and type of each
animal; is provided in a clean and sanitary manner; is placed so as
to minimize contamination by excrement and pests; and is provided
at suitable intervals for the species, age and condition of the animal,
but at least once daily, except as prescribed by a veterinarian or
as dictated by naturally occurring states of hibernation or fasting
normal for the species.
The provision of and access to shelter that is suitable for
the species, age, condition, size and type of each animal; provides
adequate space for each animal, is safe and protects each animal from
injury, rain, sleet, snow, hail, direct sunlight, the adverse effects
of heat or cold, physical suffering and impairment of health; is properly
lighted; is properly cleaned; enables each animal to be clean and
dry except when detrimental to the species; and, for dogs and cats,
provides a solid surface, resting platform, pad, floor mat or similar
device that is large enough for the animal to lie on in a normal manner
and can be maintained in a sanitary manner. Under this chapter, shelters
whose wire, grid or slat floors (i) permit the animals' feet
to pass through the openings, (ii) sag under the animals' weight
or (iii) otherwise do not protect the animals' feet or toes from
injury are not adequate shelter.
Inside: sufficient space in a crate or cage means to allow
each animal to (i) easily stand, sit, lie, turn about and make all
other normal body movements in a comfortable, normal position for
the animal and (ii) interact safely with other animals in the enclosure.
Outdoors: Confinement in an area of at least 100 square feet in an
area which allows for sufficient movement by the animal. When an animal
is tethered, "adequate space" means a tether that permits the above
actions and is appropriate to the age and size of the animal; is attached
to the animal by a properly applied collar, halter or harness configured
so as to protect the animal from injury and prevent the animal or
tether from becoming entangled with other objects or animals, or from
extending over an object or edge that could result in the strangulation
or injury of the animal; and is at least 10 feet. When freedom of
movement would endanger the animal, temporarily and appropriately
restricting movement of the animal according to professionally accepted
standards for the species is considered provision of adequate space.
Provision of and access to clean, fresh, potable water of
a drinkable temperature which is provided in a suitable manner, in
sufficient volume and at suitable intervals, appropriate for weather
and temperature, to maintain normal hydration for the age, species,
condition, size and type of each animal, except as prescribed by a
veterinarian or as dictated by naturally occurring states of hibernation
or fasting normal for the species; and is provided in clean, durable
receptacles which are accessible to each animal and are placed so
as to minimize contamination of the water by excrement and pests or
an alternative source of hydration consistent with generally accepted
husbandry practices.
The transfer of ownership of a dog or cat or any other companion
animal from a releasing agency to an individual.
Livestock and poultry.
Any nonhuman vertebrate species except fish. For the purposes of Article V, "animal" means any animal susceptible to rabies. For the purposes of § 98-9, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
A person appointed by the City Manager or his designee as
an Animal Control Officer or Police Officer.
A facility, other than a private residential dwelling and
its surrounding grounds, that is used to house or contain animals
and that is owned, operated or maintained by a nongovernmental entity
including, but not limited to, a humane society, animal welfare organization,
society for the prevention of cruelty to animals, or any other organization
operating for the purpose of finding permanent adoptive homes for
animals.
A place or establishment other than a pound or animal shelter
where companion animals not owned by the proprietor are sheltered,
fed and watered in exchange for a fee.
A sign that is (i) unobstructed from view, (ii) contains
legible writing, and (iii) may be read by an ordinary person without
assistance while standing 10 feet away from the sign.
Any domestic or feral dog, domestic or feral cat, nonhuman
primate, guinea pig, hamster, rabbit not raised for human food or
fiber, exotic or native animal, reptile, tropical bird or any bird
that spends any time outside, or any feral animal, any animal under
the care, custody, or ownership of a person, or any animal that is
bought, sold, traded, or bartered by any person. Agricultural animals,
game species, or any animals regulated under federal law as research
animals shall not be considered companion animals for the purposes
of this chapter.
[Amended 2-12-2019 by Ord. No. 19-2]
Any clear and imminent danger to an animal's health,
safety or life.
Knowingly desert, forsake, or absolutely give up without
having secured another owner or custodian any dog, cat, or other companion
animal in any public place including the right-of-way of any public
highway, road or street or on the property of another.
Veterinary treatment to stabilize a life-threatening condition,
alleviate suffering, prevent further disease transmission, or prevent
further disease progression.
A structure used to house or restrict animals from running
at large.
The humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death or
by a method that involves anesthesia produced by an agent which causes
painless loss of consciousness and death during unconsciousness.
An individual who provides care or rehabilitation for companion
animals through an affiliation with a pound, animal shelter, or other
releasing agency.
Any establishment in which five or more canines, felines,
or hybrids of either are kept for the purpose of breeding, hunting,
training, renting, buying, boarding, selling, or showing.
Includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cervidae animals; capradae
animals; animals of the genus Lama; 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; or any other individual animal specifically raised
for food or fiber, except companion animals.
Any person who:
Any individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
Includes all domestic fowl and game birds raised in captivity.
A facility operated by the Commonwealth or City for the purpose
of impounding or harboring seized, stray, homeless, abandoned, or
unwanted animals or a facility operated for the same purpose under
a contract with any county, city, town or incorporated society for
the prevention of cruelty to animals.
Any structure used to immediately restrict an animal or animals
to a limited amount of space, such as a room, pen, cage, or compartment.
For tethered animals, this term includes the shelter and the area
within reach of the tether.
Carcasses, debris, food waste and excrement are removed from
the primary enclosure with sufficient frequency to minimize the animals'
contact with the above-mentioned contaminants; and the primary enclosure
is sanitized with sufficient frequency to minimize odors and the hazards
of disease.
A pound, animal shelter, humane society, animal welfare organization,
society for the prevention of cruelty to animals, or other similar
entity or home-based rescue, that releases companion animals for adoption.
A surgical or chemical procedure performed by a licensed
veterinarian that renders an animal permanently incapable of reproducing.
The responsible handling or transportation of animals in
the person's ownership, custody or charge, appropriate for the
age, species, condition, size and type of the animal.
Treatment by or on the order of a duly licensed veterinarian.
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State law references: Similar provisions, Code
of Va., § 3.2-5900; § 3.2-6500.
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Enforcement of this chapter is vested in Animal Control Officers
or Police Officers appointed by the City Manager or his designee.
When in uniform or upon displaying a badge or other credentials of
office, such officers shall have the power to issue a criminal summons
or a civil penalty violation notice to any person found violating
this chapter.
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State law reference: Position of Animal Control
Officer created, Code of Va., § 3.2-6555.
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A.
All
dogs and cats shall be deemed personal property and may be the subject
of larceny and malicious or unlawful trespass. Owners may maintain
any action for the killing of any such animal, or injury thereto,
or unlawful detention or use thereof as in the case of other personal
property. The owner of any dog or cat 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.
B.
An
Animal Control Officer or Police Officer finding a stolen dog or cat,
or a dog or cat held or detained contrary to law, shall have authority
to seize and hold such animal pending action before a General District
Court or other Court. If no such action is instituted within seven
days, the Animal Control Officer or Police Officer shall deliver the
dog or cat to its owner.
C.
The
presence of a dog or cat 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 or Police Officer may take such animal
in charge and notify its legal owner to remove it. The legal owner
of the animal shall pay the actual cost of keeping such animal while
the animal is in the possession of the Animal Control Officer or Police
Officer.
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State law reference: Similar provisions, Code of
Va., § 3.2-6585.
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It shall be unlawful for any person to bring or keep any wild
animals within the City; provided, however, that wild animals shall
be permitted to be brought into and kept within the City for purposes
of exhibit or as a part of a permanent animal show when the wild animals
are located within a thematic park situated in the City. As used in
this section, "wild animals" means any animal which by nature or disposition
is untamed.
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State law reference: Powers of Cities and Towns
Chapter 11 of Title 15.2 of the Code of Va.; Regulation of keeping
of animals and fowl, Code of Va. § 3.2-6544.
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A.
Exotic or poisonous animals shall not run at large in the City. For
purposes of this section, "at large" shall mean roaming, running,
or self-hunting off the premises of the owner or custodian and not
under the immediate control of the owner or his agent.
C.
For any exotic or poisonous animal identified as to ownership, if
such exotic or poisonous animal is captured and confined by an Animal
Control Officer or Police Officer appointed under the provisions of
this chapter, the owner shall be charged with the City's actual
expenses incurred in locating, capturing, and impounding or otherwise
disposing of the animal.
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State code reference: Similar provision, Code of
Va., § 3.2-6544.
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A.
All
animal owners shall exercise proper care and control of their animals
to prevent them from becoming a public nuisance. Molesting passersby,
biting or attacking any person without provocation on one or more
occasions, chasing vehicles, habitually attacking other domestic animals,
trespassing upon school grounds, or trespassing upon private property
in such manner as to damage property shall be deemed a nuisance. Repeated
running at large after citation of the owner by any Animal Control
Officer or Police Officer shall also be deemed a nuisance.
B.
Any
person owning any animal constituting a nuisance may be summoned before
the General District Court to show cause why such animal should not
be confined, destroyed, removed, or the nuisance otherwise abated;
and upon proof that the animal constitutes a public nuisance, the
animal in question shall, by order of the General District Court,
either be confined, destroyed, removed or the nuisance otherwise be
abated as such Court shall order. The Court may also impose a fine
up to $100 to be paid by the owner or custodian of such animal. It
shall be unlawful and shall constitute contempt of court for any person
to harbor or conceal any animal which has been ordered destroyed or
removed by the General District Court or to fail to confine or restrain
an animal when such an order has been entered by the Court.
C.
If any Animal Control Officer or Police Officer has reason to believe
that any animal has, without provocation, attacked or bitten any person,
such animal may be taken into custody and confined by the Animal Control
Officer or Police Officer pending the Court's determination pursuant
to this section.
D.
Any person who owns any dog, cat or other animal that has been adjudged
a nuisance pursuant to this section by the General District Court
and who appeals that decision to the Circuit Court shall be responsible
for the fees connected with the impounding of the animal by the Animal
Control Officer or Police Officer. The Animal Control Officer, Police
Officer, or owner shall confine such dog, cat or other animal during
pendency of the appeal to prevent a reoccurrence of the nuisance.
If on appeal the Circuit Court determines that the dog, cat or other
animal is not a nuisance, no such fees for the impounding of the animal
shall be imposed.
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State law reference: Powers of Cities and Towns,
Chapter 11 of Title 15.2 of the Code of Va.
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A.
Companion animals. The owner of any companion animal which has 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, an
Animal Control Officer or Police Officer shall bury or cremate the
companion animal, and he may recover on behalf of the City from the
owner his cost for this service.
B.
Other animals. When the owner of any animal or grown fowl other than
a companion animal which has died knows of such death, such owner
shall forthwith have its body cremated or buried; and if he fails
to do so, any judge of a General District Court, after notice to the
owner if he can be ascertained, shall cause any such dead animal or
fowl to be cremated or buried by an officer or other person designated
for the purpose. Such officer or other person shall be entitled to
recover of the owner of every such animal so cremated or buried the
actual cost of the cremation or burial, not to exceed $75, and of
the owner of every such fowl so cremated or buried the actual cost
of the cremation or burial, not to exceed $5, to be recovered in the
same manner as officers' fees are recovered. Nothing in this
subsection shall be deemed to require the burial or cremation of the
whole or portions of any animal or fowl which is to be used for food
or in any commercial manner.
C.
Penalty. Any person violating the provisions of this section shall
be guilty of a Class 4 misdemeanor.
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State law references: Disposal of dead companion
animals, Code of Va., § 3.2-6554; burial or cremation of
animals or fowl which have died, Code of Va., § 18.2-510.
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A.
DANGEROUS DOG
VICIOUS DOG
As
used in this section:
Shall mean: a canine or canine crossbreed that has bitten,
attacked, or inflicted injury on a person or companion animal that
is a dog or cat, or killed a companion animal that is a dog or cat.
However, when a dog attacks or bites a companion animal that is a
dog or cat, the attacking or biting dog shall not be deemed dangerous
(i) if no serious physical injury as determined by a licensed veterinarian
has occurred to the dog or cat as a result of the attack or bite,
(ii) if both animals are owned by the same person, (iii) if such attack
occurs on the property of the attacking or biting dog's owner
or custodian, or (iv) for other good cause as determined by the Court.
No dog shall be found to be a dangerous dog as a result of biting,
attacking, or inflicting injury on a dog or cat while engaged with
an owner or custodian as part of lawful hunting or participation in
an organized, lawful dog handling event.
Shall mean: a canine or canine crossbreed that 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 that resulted in a previous finding by a Court.
B.
Any Police Officer or Animal Control Officer who has reason to believe that a canine or canine crossbreed within the City is a dangerous dog or vicious dog shall apply to a magistrate of the City 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. If a Police Officer successfully makes an application for the issuance of a summons, he shall contact an Animal Control Officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The Police Officer or Animal Control Officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the Police Officer or 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 section. 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 § 98-27. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The Commonwealth shall be required to prove its case beyond a reasonable doubt.
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 to be a dangerous dog or vicious dog if the
threat, injury or damage was sustained by a person who was (i) committing,
at the time, a crime upon the premises occupied by the animal's
owner or custodian, (ii) committing, at the time, a willful trespass
upon the premises occupied by the animal's owner or custodian,
or (iii) 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
that, at the time of the acts complained of, was responding to pain
or injury, or was protecting itself, its kennel, its offspring, a
person, or its owner's or custodian's property, shall be
found to be a dangerous dog or a vicious dog.
D.
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 section.
E.
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 a local Animal Control Officer for a fee of $50, in addition
to other fees that may be authorized by law. The 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 subsection
shall be renewed annually for the same fee and in the same manner
as the initial certificate was obtained. The Animal Control Officer
shall provide a copy of the dangerous dog registration certificate
and verification of compliance to the State Veterinarian.
F.
All dangerous dog registration 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 (i) of
the animal's current rabies vaccination, if applicable, (ii)
that the animal has been neutered or spayed, and (iii) 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.
For the purposes of this subsection, "fenced-in yard" shall mean a
yard completely enclosed by a physical fence rather than an electronic
fence. 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 (i) 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 (ii) 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. The owner may obtain and maintain a bond
in surety, in lieu of liability insurance, to the value of at least
$100,000.
G.
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.
H.
The owner of any dog found to be dangerous shall register the animal
with the Commonwealth of Virginia Dangerous Dog Registry, as established
under § 3.2-6542 of the Code of Virginia, within 45 days
of such a finding by a Court of competent jurisdiction. The owner
shall also cause a local Animal Control Officer to be promptly notified
of (i) the names, addresses, and telephone numbers of all owners;
(ii) all of the means necessary to locate the owner and the dog at
any time; (iii) any complaints or incidents of attack by the dog upon
any person or cat or dog; (iv) any claims made or lawsuits brought
as a result of any attack; (v) tattoo or chip identification information
or both; (vi) proof of insurance or surety bond; and (vii) the death
of the dog.
I.
After an animal has been found to be a dangerous dog, the animal's
owner shall immediately, upon learning of same, cause the local animal
control authority to be notified if the animal (i) is loose or unconfined;
or (ii) bites a person or attacks another animal; or (iii) is sold,
given away, or dies. Any owner of a dangerous dog who relocates to
a new address shall, within 10 days of relocating, provide written
notice to the appropriate local animal control authority for the old
address from which the animal has moved and the new address to which
the animal has been moved.
J.
Any owner or custodian of a canine or canine crossbreed or other
animal is guilty of a:
(1)
Class 2 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration
arose out of a separate and distinct incident, attacks and injures
or kills a cat or dog that is a companion animal belonging to another
person;
(2)
Class 1 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration
arose out of a separate and distinct incident, bites a human being
or attacks a human being causing bodily injury; or
(3)
Class 6 felony if any owner or custodian whose willful act or omission
in the care, control, or containment of a canine, canine crossbreed,
or other animal is so gross, wanton, and culpable as to show a reckless
disregard for human life, and is the proximate cause of such dog or
other animal attacking and causing serious bodily injury to any person.
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The provisions of this subsection shall not apply to any animal
that, at the time of the acts complained of, was responding to pain
or injury, or was protecting itself, its kennel, its offspring, a
person, or its owner's or custodian's property, or when
the animal is a police dog that is engaged in the performance of its
duties at the time of the attack.
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K.
The owner of any animal that has been found to be a dangerous dog
who willfully fails to comply with the requirements of this section
is guilty of a Class 1 misdemeanor.
L.
All fees collected pursuant to this section, less the costs incurred
by the animal control authority in producing and distributing the
certificates and tags required by this section, shall be paid into
a special dedicated fund in the treasury of the City for the purpose
of paying the expenses of any training course required pursuant to
§ 3.2-6556 of the Code of Virginia.
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State law reference: Control of dangerous or vicious
dogs; penalties, Code of Va., § 3.2-6540.
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A.
Any
person who (i) overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly or
unnecessarily beats, maims, mutilates or kills any animal, whether
belonging to himself or another; (ii) deprives any animal of necessary
food, drink, shelter, or emergency veterinary treatment; (iii) leaves
an animal in an automobile without adequate ventilation or in unsafe
weather conditions; (iv) sores any equine for any purpose or administers
drugs or medications to alter or mask such soring for the purposes
of sale, show, or exhibition of any kind, unless such administration
of drugs or medications is within the context of veterinary client-patient
relationship and solely for therapeutic purposes; (v) willfully sets
on foot, instigates, engages in, or in any way furthers any act of
cruelty to any animal; (vi) carries or causes to be carried in or
upon any vehicle, vessel or otherwise any animal in a cruel, brutal,
or inhumane manner so as to produce torture or unnecessary suffering;
or (vii) causes any of the above things, or being the owner of such
animal permits such acts to be done by another, shall be guilty of
a Class 1 misdemeanor.
B.
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of any kind, unless such administration of drugs or medications is under the supervision of a licensed veterinarian and solely for therapeutic purposes; (iii) maliciously deprives any companion animal of necessary food, drink, shelter or emergency veterinary treatment; (iv) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clauses (i) through (iv); or (v) causes any of the actions described in clauses (i) through (iv), or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or Subsection A, shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or Subsection A resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal; and such condition was a direct result of a violation of this subsection or Subsection A.
C.
Nothing
in this section shall be construed to prohibit the dehorning of cattle.
D.
For purposes of this section, the word "animal" shall be construed
to include birds and fowl.
E.
This section shall not prohibit authorized wildlife management activities
or hunting, fishing or trapping as regulated under other titles of
the City Code or the Code of Virginia, or to farming activities as
provided by the City Code or the Code of Virginia.
F.
In addition to the penalties provided in Subsection A, the Court may, in its discretion, require any person convicted of a violation of Subsection A to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The Court may impose the costs of such a program or counseling upon the person convicted.
G.
It is unlawful for any person to kill a domestic dog or cat for the
purpose of obtaining the hide, fur or pelt of the dog or cat. A violation
of this subsection shall constitute a Class 1 misdemeanor. A second
or subsequent violation of this subsection shall constitute a Class
6 felony.
H.
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not overrule § 98-8 or § 98-13.
I.
Any person convicted of violating this section may be prohibited
by the Court from possession or ownership of companion animals.
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State law references: Cruelty to animals; penalties,
Code of Va., § 3.2-6570.
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A.
Except as otherwise provided herein, it shall be unlawful for any person to own, house, keep, board or have more than four companion animals at any one residence within the City unless permission to do so shall have first been obtained from City Council or unless there shall be at such residence a structure or other means reasonably suited for the provision of permanent shelter to the extent required in § 98-43 herein; any such required structure or other means being more than 300 feet from any other residence. The City Council shall consider the grant of such permission in those cases where the keeping of such animals does not create a health hazard. When it is proposed to keep more than four companion animals at any one residence within the City, application shall be made by the owner to the City Council, setting forth the number of such companion animals, the location of a kennel or other structure, if any, and the plans for its construction; and if, in the opinion of the City Council it is proper so to do so permission may be granted for the construction of such kennel or other structure in accordance with the plans submitted and for the keeping of the companion animals, under such reasonable conditions as the City Council deems proper. The kennel or other structure shall be subject to inspection by an Animal Control Officer to ascertain compliance with the permit at any hour during the daytime, and the permit so granted by the City Council shall be revocable at any time when, in the sole discretion of the City Council, it is proper to do so in the protection of the public health.
B.
For the purposes of this section, if any companion animal at any
one residence gives birth to a litter, then an animal in that litter
will not be considered as a companion animal at that residence until
the animal in the litter exceeds the age of three months.
C.
If City Council grants permission, then it shall be unlawful for
any person to own, house, keep, board or have more companion animals
at any one residence than Council has agreed to allow.
A.
Unless otherwise specified, any violation of a provision of this
chapter shall constitute a Class 4 misdemeanor, punishable by a fine
of up to $250.
B.
Payment of the annual dog and cat license tax required by this chapter subsequent to a summons to appear before a Court for failure to pay such fee within the time specified in § 98-24 shall not operate to relieve the owner from the penalties provided.
C.
Civil penalties:
[Amended 6-19-2012 by Ord. No. 12-13]
(1)
If
an animal control officer or law enforcement officer determines that
a civil penalty violation of this section has occurred, he shall issue
and serve, or cause to be served a notice of violation on any and
all persons committing the violation. The notice shall provide that
the person served may elect to make an appearance, either in person
or in writing by mail, before the Director of Finance, and admit liability
for or plead no contest to the violation and pay the civil penalty
established for the violation, all within the time period set forth
in the notice. If a person so notified does not elect to admit liability
or to plead no contest, the violation shall be tried in the Colonial
Heights General District Court upon a warrant in debt or complaint,
with the same right of appeal as provided in civil actions at law.
A finding or admission of liability or a plea of no contest shall
not be deemed a criminal conviction for any purpose.
[Amended 6-14-2016 by Ord. No. 16-20]
(2)
(3)
The assessment of any civil penalty for a violation shall be in lieu
of criminal prosecutions for that violation.
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State law references: Payment of license tax, subsequent
to summons, Code of Va., § 3.2-6536; Governing body of any
locality may adopt certain ordinances, Code of Va., § 3.2-6543.
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