[Amended 12-5-2019 by Ord. No. 2019-12]
It shall be unlawful for any person to keep
or raise livestock, fowl, or poultry within the City with the exception
of chickens which are covered by § 420-11.1.1E of the City Code.
It shall be unlawful for any person to keep
or raise pigs or hogs within the City. The term "pigs" shall also
include potbellied pigs.
Every animal pen, run, cage or other yard establishment
wherein any dog, cat or other animal is kept, or the inside of any
residence structure or other building wherein any dog, cat or other
animal is kept, shall be maintained in a manner so that no offensive,
disagreeable or noxious smell or odor arises therefrom to the injury,
annoyance or inconvenience of any neighbor or person. All animal manure,
waste or feces accumulation wherein any animal is kept shall be removed
and disposed of in such a manner as to prevent the breeding of flies,
mosquitoes or other parasites and the creation of any offensive, disagreeable
or noxious smells or odors.
[Amended 6-18-2020 by Ord. No. 2020-06]
A. Definitions. The following words, terms and phrases, when used in
this section, shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning:
DANGEROUS DOG
A canine or canine crossbreed which has bitten, attacked,
or inflicted injury on a person or companion animal, other than a
dog, or killed a companion animal.
VICIOUS DOG
Any canine or canine crossbreed which has:
(2)
Inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health or serious impairment
of a bodily function; or
(3)
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. Procedure for declaring a dog to be dangerous or vicious; keeping
of dangerous dog; destruction of vicious dog.
(1) Any animal control officer who has reason to believe that a canine
or canine crossbreed within the City is a dangerous dog or a 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
the General District Court at a specified time. The summons shall
advise the owner of the nature of the proceeding and the matter at
issue. The animal warden or owner shall 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.
(2) 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 § 3.2-6562 of the Code of Virginia.
C. Licensure of dangerous dog. The owner of any animal found by a court
to be a dangerous dog shall, within 30 days of such finding, obtain
a dangerous dog registration certificate from the animal warden for
a fee of $150 in addition to other fees that may be authorized by
law. The local animal warden 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. All certificates obtained
pursuant to this subsection shall be renewed annually for a fee of
$85 and in the same manner as the initial certificate was obtained.
D. Renewals. All 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 of the animal's current
rabies vaccination, if applicable, and 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.
Owners must have $100,000 in liability insurance for animal bites,
or maintain a bond in surety worth the same amount. 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 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 the animal
has been permanently identified by means of electronic implantation.
E. Keeping of dangerous dogs; conditions. While on the property of its
owner, an animal found by a court 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 by a court 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.
F. Notification. After the animal has been found by a court to be a
dangerous dog, the animal's owner shall immediately, upon learning
of the same, notify the local animal control authority if the animal
is loose or unconfined; bites a person or attacks another animal;
is sold, given away or dies; or has been moved to a different address.
Any owner of a dangerous dog who moves to a different address must
give written notice within 10 days.
G. Minor owners. 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.
H. Violations. The owner of an animal which has been found by a court
to be a dangerous dog who willfully fails to comply with the requirements
of this section shall be guilty of a Class 1 misdemeanor.
I. Exceptions.
(1) 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 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 the 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.
(2) No animal which, at the time of the acts complained of, was responding
to pain or injury or was protecting itself, its kennel, its offspring
or its owner or owner's property shall be found to be a dangerous
dog or a vicious dog.
(3) No police dog which 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 or a vicious dog.
(4) No canine or canine crossbreed shall be found to be a dangerous dog
or a vicious dog solely because it is a particular breed, nor shall
the local governing body prohibit the ownership of a particular breed
of canine or canine crossbreed.
(5) If, upon investigation, a law enforcement officer or animal control
officer finds that i) 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) both animals are owned by the same person;
or iii) such attack occurred on the property of the attacking or biting
dog's owner or custodian.
(6) If, upon investigation, a law enforcement officer or animal control
officer finds that the injury inflicted by the canine or canine crossbreed
upon a person consists solely of a single nip or bite resulting only
in a scratch, abrasion, or other minor injury.
(7) No dog shall be found to be dangerous 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 participating in an organized,
lawful dog-handling event. No dog shall be found to be a dangerous
dog 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.
J. Collection and distribution of fees. 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 under § 3.2-6556 of the Code of Virginia.
Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the Animal Control Officer, such shall be a violation of this section. The Animal Control Officer is hereby authorized, with assistance, if necessary, from the Police Department, which shall also be so authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with §
115-28 of this chapter. A prominent written notice shall be left on or in such vehicle advising that the animal has been removed under the authority of this section and impounded at the animal shelter or veterinary clinic authorized to hold such animals.