A.
Any Police Officer or Animal Control Officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety, or health. Before seizing or impounding any agricultural animal, such Police Officer or Animal Control Officer shall contact the State Veterinarian or a State Veterinarian's representative, who shall recommend to such person the most appropriate action for the disposition of the agricultural animal; provided, however, that the seizure or impoundment of an equine resulting from a violation of Subsection A(iii) or Subsection B(ii) of § 98-9 may be undertaken only by the State Veterinarian or State Veterinarian's representative who has received training in the examination and detection of sore horses equivalent to that required by 9 C.F.R. Part 11.7 and that is approved by the State Veterinarian. The Police Officer or Animal Control Officer shall notify the owner of the agricultural animal and the local Attorney for the Commonwealth of the recommendation. The Police Officer or Animal Control Officer may impound the agricultural animal on the land where the agricultural animal is located if:
(1)
The owner or tenant of the land where the agricultural animal is
located gives written permission;
(2)
A General District Court so orders; or
(3)
The owner or tenant of the land where the agricultural animal is
located cannot be immediately located, and it is in the best interest
of the agricultural animal to be impounded on the land where it is
located until the written permission of the owner or tenant of the
land can be obtained.
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If there is a direct and immediate threat to an agricultural
animal, the Police Officer or Animal Control Officer may seize the
animal, in which case he shall file, within five business days on
a form approved by the State Veterinarian, a report on the condition
of the animal at the time of the seizure, the disposition of the animal,
and any other information required by the State Veterinarian.
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Upon seizing or impounding an animal, the Police Officer or
Animal Control Officer shall petition the General District Court for
a hearing. The hearing shall be not more than 10 business days from
the date of the seizure of the animal. The hearing shall be to determine
whether the animal has been abandoned, has been cruelly treated, or
has not been provided adequate care.
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B.
The Police Officer or Animal Control Officer shall cause to be served
upon the person with a right of property in the animal or the custodian
of the animal notice of the hearing. If such person or the custodian
is known and residing within the jurisdiction wherein the animal is
seized, written notice shall be given at least five days prior to
the hearing of the time and place of the hearing. If such person or
the custodian is known but residing out of the jurisdiction where
such animal is seized, written notice by any method or service of
process as is provided by the Code of Virginia shall be given. If
such person or the custodian is not known, the Police Officer or Animal
Control Officer shall cause to be published in a newspaper of general
circulation in the jurisdiction wherein such animal is seized notice
of the hearing at least one time prior to the hearing and shall further
cause notice of the hearing to be posted at least five days prior
to the hearing at the place provided for public notices at the City
Courthouse wherein such hearing shall be held.
C.
The procedure for appeal and trial shall be the same as provided
by law for misdemeanors; if requested by either party on appeal to
the Circuit Court, trial by jury shall be as provided in Article 4
of Chapter 15 of Title 19.2 of the Code of Virginia; and the Commonwealth
shall be required to prove its case beyond a reasonable doubt.
D.
The Police Officer or Animal Control Officer, shall provide for such
animal until the Court has concluded the hearing. The owner of any
animal held pursuant to this section for more than 30 days shall post
a bond in surety with the City for the amount of the cost of boarding
the animal for a period of nine-months. Such bond shall not prevent
the animal's custodian from disposing of such animal at the end
of the nine-month period covered by the bond unless the person claiming
an interest posts an additional bond in surety with the City to secure
payment of the costs of caring for the animal for an additional nine
months and does so prior to the expiration of the previous nine month
period. At the conclusion of the case, the bond shall be forfeited
to the City unless there is a finding that the owner is able to adequately
provide for the animal and is a fit person to own the animal. If the
animal is returned to the owner or other individual despite a violation
of this section, the person posting the bond will be entitled to a
return of the bond less the incurred expenses of boarding, medical
care and impounding the animal.
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If the Court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. If the Court determines that the animal has been abandoned, cruelly treated, deprived of adequate care as defined in § 98-1, or raised as a dog that has been, is, or is intended to be used, in dog fighting in violation of § 3.2-6571 of the Code of Virginia, then the Court shall order that the animal be: (i) sold by the City; (ii) humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency of the Commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the Commonwealth; (iii) delivered to any local humane society or shelter, or to any person who is a resident of the county or city where the animal is seized or an adjacent county or city in the Commonwealth and who will pay the required license fee, if any, on such animal; or (iv) delivered to the person with a right of property in the animal.
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E.
In no case shall the owner be allowed to purchase, adopt, or otherwise
obtain the animal if the Court determines that the animal has been
abandoned, cruelly treated, or deprived of adequate care; however,
the Court shall direct that the animal be delivered to the person
with a right of property in the animal, upon his request, if the Court
finds that the abandonment, cruel treatment, or deprivation of adequate
care is not attributable to the actions or inactions of such person.
F.
The Court shall order the owner of any animal determined to have
been abandoned, cruelly treated, or deprived of adequate care to pay
all reasonable expenses incurred in caring and providing for such
animal from the time the animal is seized until such time that the
animal is disposed of in accordance with the provisions of this section,
to the provider of such care.
G.
The Court may prohibit the possession or ownership of other companion
animals by the owner of any companion animal found to have been abandoned,
cruelly treated, or deprived of adequate care. In making a determination
to prohibit the possession or ownership of companion animals, the
Court may take into consideration the owner's past record of
convictions under this chapter or other laws prohibiting cruelty to
animals or pertaining to the care or treatment of animals and the
owner's mental and physical condition.
H.
If the Court finds that an agricultural animal has been abandoned
or cruelly treated, the Court may prohibit the possession or ownership
of any other agricultural animal by the owner of the agricultural
animal if the owner has exhibited a pattern of abandoning or cruelly
treating agricultural animals as evidenced by previous convictions.
In making a determination to prohibit the possession or ownership
of agricultural animals, the Court may take into consideration the
owner's mental and physical condition.
I.
Any person who is prohibited from owning or possessing animals pursuant to Subsection G or H may petition the Court to repeal the prohibition after two years have elapsed from the date of entry of the Court's order. The Court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the Court that the cause for the prohibition has ceased to exist.
J.
When a sale occurs, the proceeds shall first be applied to the costs
of the sale, then next to the unreimbursed expenses for the care and
provision of the animal, and the remaining proceeds, if any, shall
be paid over to the owner of the animal. If the owner of the animal
cannot be found, the proceeds remaining shall be paid into the Literary
Fund of the State treasury.
K.
Nothing in this section shall be construed to prohibit the humane
destruction of a critically injured or ill animal for humane purposes
by the impounding Police Officer Animal Control Officer, or licensed
veterinarian.
L.
The pound shall assess the owner a $10 fee for any dog or cat older
than four months of age, which has not had a rabies vaccination, that
the owner voluntarily and permanently surrenders to the pound. The
pound shall assess the owner a $30 fee for each litter of dogs or
cats under the age of four months, unless the owner provides proof
that the mother of the litter has been sterilized.
M.
Any person adopting a dog or cat from the pound shall pay a $10 fee
prior to the adoption.
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State law reference: Similar provisions, Code of
Va., § 3.2-6569.
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B.
An animal confined pursuant to this section shall be kept for a period
of not less than five days, such period to commence on the day immediately
following the day the animal is initially confined in the facility,
unless sooner claimed by the rightful owner thereof.
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The operator or custodian of the pound shall make a reasonable
effort to ascertain whether the animal has a collar, tag, license,
tattoo, or other form of identification. If such identification is
found on the animal, the animal shall be held for an additional five
days, unless sooner claimed by the rightful owner. If the rightful
owner of the animal can be readily identified, the operator or custodian
of the pound shall make a reasonable effort to notify the owner of
the animal's confinement within the next 48 hours following its
confinement.
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If any animal confined pursuant to this section is claimed by
its rightful owner, such owner may be charged an impoundment fee of
$20 for the animal's first 24 hours; and thereafter, $5 per day
for its subsistence and care during its impoundment period.
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C.
If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by Subsection B, it shall be deemed abandoned and become the property of the pound.
(1)
Release to any humane society, animal shelter, or other releasing
agency within the Commonwealth, provided that each humane society,
animal shelter, or other releasing agency obtains a signed statement
from each of its directors, operators, staff, or animal caregivers
specifying that each individual has never been convicted of animal
cruelty, neglect, or abandonment and updates such statements as changes
occur;
(2)
Adoption by a City resident who will pay the required license fee,
if any, on such animal, provided that such resident has read and signed
a statement specifying that he has never been convicted of animal
cruelty, neglect, or abandonment;
(3)
Adoption by a resident of an adjacent political subdivision of the
Commonwealth, provided that such resident has read and signed a statement
specifying that he has never been convicted of animal cruelty, neglect,
or abandonment;
(4)
Adoption by any other person, provided that such person has read
and signed a statement specifying that he has never been convicted
of animal cruelty, neglect, or abandonment, and provided that no animal
may be adopted by any person who is not a City resident, or a citizen
of an adjacent political subdivision, unless the animal is first sterilized;
and the pound may require that the sterilization be done at the expense
of the person adopting the animal; or
(5)
Release for the purposes of adoption or euthanasia only, to an animal
shelter, or any other releasing agency located in and lawfully operating
under the laws of another state, provided that such animal shelter,
or other releasing agency: (i) maintains records that would comply
with § 3.2-6557 of the Code of Virginia; (ii) requires that
adopted dogs and cats be sterilized; (iii) obtains a signed statement
from each of its directors, operators, staff, and animal caregivers
specifying that each individual has never been convicted of animal
cruelty, neglect, or abandonment, and updates such statement as changes
occur; and (iv) has provided to the pound a statement signed by an
authorized representative specifying the entity's compliance
with clauses (i) through (iii), and the provisions of adequate care
and performance of humane euthanasia, as necessary in accordance with
the provisions of this chapter.
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For purposes of recordkeeping, release of an animal by a pound
to a pound, animal shelter or other releasing agency shall be considered
a transfer and not an adoption. If the animal is not first sterilized,
the responsibility for sterilizing the animal transfers to the receiving
entity.
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D.
Nothing in this section shall prohibit the immediate euthanasia of
a critically injured, critically ill, or unweaned animal for humane
purposes. Any animal euthanized pursuant to the provisions of this
chapter shall be euthanized by one of the methods prescribed or approved
by the State Veterinarian.
E.
Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in Subsections (1) through (5) of Subsection C of an animal that has been released to a pound, animal shelter, other releasing agency, or Animal Control Officer by the animal's rightful owner after the rightful owner has read and signed a statement (i) surrendering all property rights in such animal, (ii) stating that no other person has a right of property in the animal, and (iii) acknowledging that the animal may be immediately euthanized or disposed of in accordance with Subsections (1) through (5) of Subsection C.
F.
Nothing in this section shall prohibit any feral dog or feral cat
not bearing a collar, tag, tattoo, or other form of identification
which, based on the written statement of a disinterested person, exhibits
behavior that poses a risk of physical injury to any person confining
the animal, from being euthanized after being kept for a period of
not less than three days, at least one of which shall be a full business
day; such period to commence on the day the animal is initially confined
in the facility, unless sooner claimed by the rightful owner. The
statement of the disinterested person shall be kept with the animal
as required by § 3.2-6557 of the Code of Virginia. For purposes
of this subsection, a disinterested person shall not include a person
releasing or reporting the animal.
G.
The pound shall not place a companion animal in a foster home with
a foster care provider unless the foster care provider has read and
signed a statement specifying that he has never been convicted of
animal cruelty, neglect, or abandonment; and each pound shall update
such statement as changes occur. The pound shall maintain the original
statement and any updates to such statement in accordance with this
chapter and for at least so long as the pound has an affiliation with
the foster care provider.
H.
Before the pound places a companion animal in a foster home with
a foster care provider, it shall ensure that the foster care provider
complies with § 3.2-6503 of the Code of Virginia.
I.
ANIMAL
RIGHTFUL OWNER
For purposes of this section:
Shall not include agricultural animals.
Means a person with a right of property in the animal.
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State law reference: County or city pounds, confinement
and disposition of animals, Code of Va., § 3.2-6546.
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A.
There shall be an animal pound, operated by the City and located
in such place within or beyond the corporate limits of the City as
the City Council may designate, for the purpose of impounding or harboring
seized, stray, homeless or abandoned animals, where impoundment is
found necessary or advisable by an Animal Control Officer or Police
Officer in the performance of his duties pursuant to this chapter.
Such pound shall provide, to the extent required by law and authorized
by Council, the following:
B.
Such pound shall also be for the purpose of impounding any unwanted
animal owned by a resident of the City and brought to the pound by
its owner. Upon such impoundment, unwanted animals shall be provided
for and disposed of as otherwise provided in this chapter.
C.
The pound operated by the City pursuant to this section shall be
opened to public access under the supervision of an Animal Control
Officer or his designee a minimum of 20 hours per week and shall also
be available to public access by publicly listed telephone, which
shall be manned on a continuous basis or which shall, by means of
recording, instruct the public as to the means of continuous access.
All revenues accruing to the City from fees and fines imposed
pursuant to this chapter shall, in each fiscal year, be applied to
the payment of expenses incurred by the City as a result of animal
control and to other expenses related to the duties and responsibilities
of the Animal Control Office. To this purpose, the revenues shall
be segregated from all other City funds; and proper records and accounts
shall be kept therefor separate from all other municipal records and
accounts, to the extent permissible by law. In the event that the
total revenue from such fiscal year is not expended or encumbered
for such purposes, the fund balance shall not lapse but shall remain
segregated from all other City funds for application to such purposes
in future fiscal years.
It shall be unlawful for any person to break open, aid, counsel,
or advise the breaking open of the City pound to take or let out,
or attempt to take or let out, any animal placed therein pursuant
to this chapter unless such act is done by an officer duly authorized
by law; and it shall also be unlawful to hinder or oppose any officer
in taking up any dog or other animal, in accordance with provisions
of this chapter.
A.
No animal bearing a tag, license or tattooed identification shall
be used or accepted by any person for the purpose of medical research
or experimentation, unless the individual who owns such animal consents
in writing.
B.
No person who acquires an animal from an animal shelter in the City
shall sell such animal within a period of six months from the time
the animal is acquired from the shelter. Violation of this section
shall constitute a Class 4 misdemeanor.
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State law references: Acceptance of animals for
research or experimentation; prohibition, Code of Va., § 3.2-6547;
Regulation of sale of animals procured from animal shelters, Code
of Va. § 3.2-6545.
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