[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.
A.
It shall be unlawful for any person to keep or harbor
any poisonous animal or reptile, nonhuman primate, wild animal, all
nondomesticated cats, including but not limited to bobcats, lynx,
ocelots, mountain lions, tigers, panthers and lions, and/or skunks,
foxes, raccoons, crocodiles, alligators or caimans, without first
having obtained a valid permit from the United States Department of
Agriculture. No permitted animal, wild animal, or poisonous or nonpoisonous
reptile shall be permitted to be at large within the City.
B.
All poisonous and nonpoisonous reptiles and lizards
shall be kept in locked, escape-proof cages or containers except when
being handled. Reptiles and lizards shall not be handled or kept in
a manner so as to be seen by the general public.
C.
It shall constitute a misdemeanor for any person to
allow or permit any of the aforementioned animals or reptiles to escape
its container or permit such animal or reptile to roam at large within
the City.
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.
A.
HYBRID CANINE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any animal which either is or at any time has been or is
permitted, registered, licensed, advertised or otherwise described
or represented as a hybrid canine, wolf or coyote by its owner to
a licensed veterinarian, law enforcement officer, animal warden humane
investigator, officer of the Department of Health or compliance officer
who is under the direction of the State Veterinarian, or which is
determined to be a hybrid canine by a licensed veterinarian, law enforcement
officer, animal warden humane investigator, officer of the Department
of Health or compliance officer who is under the direction of the
State Veterinarian.
B.
Permits required for hybrid canines.
(1)
It shall be unlawful for any person to own, to be
the owner or custodian of, any hybrid canine unless he shall have
obtained a valid hybrid canine permit within 30 days. No more than
two hybrid canine permits shall be issued per residence. All permits
must be renewed annually on or before January 1 and not later than
January 31.
(2)
Any person who is the owner of more than two hybrid
canines as of the effective date of this section shall be permitted
to keep such hybrid canines for as long as they shall live, provided
that the owner obtains a permit for each hybrid canine within 30 days
of the effective date of this section.
(3)
Violation of this section shall be a Class 3 misdemeanor
for the first violation and a Class 1 misdemeanor for a second or
subsequent violation. In addition, any person who violates this section
shall be required to immediately surrender the hybrid canine for euthanasia
in accordance with Code of Virginia, § 3.1-796.119.
C.
Application for hybrid canine permit and renewal of canine hybrid permits. All hybrid canine permits shall be issued by the City Treasurer after approval by the Animal Control Officer. All hybrid canine permits shall be renewed annually per Subsection B of this section. The permit application fee shall be $50 for each permit sought. In order to obtain a hybrid canine permit or renewal, an applicant shall:
(1)
Provide adequate proof that each hybrid canine will
bear an identification tag immediately upon assuming possession. Failure
to obtain or display such tag shall result in immediate revocation
of the hybrid canine permit(s) by the Animal Control Officer.
(2)
Provide adequate proof that each hybrid canine will
be housed indoors on the property of its owner and/or provided with
a pen with a fence eight feet high with an overhang constructed so
that at least one foot of additional fence is leaning over the pen.
Such fence shall be constructed of 11 gauge or equivalent chain link
enclosure with a concrete pad, or concrete skirting, at least two
feet in from the perimeter of the fencing, or like construction to
provide an escape-proof enclosure, providing a minimum of 400 square
feet of floor space for one animal (any owner of a hybrid canine previously
licensed under then applicable regulations who has previously constructed
an enclosure conforming to then applicable standards of less than
400 square feet may continue to utilize said enclosure, provided that
all other requirements of this section are complied with) and an additional
200 square feet for two animals, that is securely enclosed and locked.
(a)
Such fence shall either be:
[1]
Constructed of material fine enough to prohibit
a child from putting his or her fingers through the fence;
[2]
Have such material attached to the fencing in
a permanent manner, all to a height of five feet; or
[3]
Constructed with a secondary fence no closer
than three feet to the pen and designed to prohibit children from
reaching into the pen.
(b)
The structure shall be designed to provide each
hybrid canine with shelter from the elements of nature. Such pen shall
be constructed no closer than five feet to any adjacent property line.
(c)
When any hybrid canine is out of the pen or
residence, it must be muzzled and leashed with a chain leash so as
to prevent it from biting any other person or animal and under the
control of its owner at all times. The muzzle shall not cause injury
to the hybrid canine and shall not interfere with the animal's vision
or respiration. Failure to comply with these requirements will result
in immediate revocation of a hybrid canine permit by the Animal Control
Officer or any law enforcement officer.
(3)
Provide adequate proof of homeowner's insurance coverage
which includes liability coverage and coverage for any injury by animals
owned by the homeowner and which contains no exception to injury by
animals owned by the homeowner; in the alternative, provide a bond
in the amount of $50,000 in form acceptable to the City. Failure to
maintain such insurance coverage or post such bond shall result in
immediate revocation of the hybrid canine permit.
(4)
Complete and submit an application for each hybrid
canine permit sought to the Animal Control Officer and provide proof
of and keep current all appropriate vaccinations as determined by
the Animal Control Officer.
(5)
Provide adequate proof of written notice of the request
for each hybrid canine permit sought to all adjacent property owners
(for the purposes of this provision, "adjacent property owners" shall
include those located directly across any alley or street).
(6)
Provide adequate proof of being 18 years of age or
older.
(7)
Provide adequate proof that the residence is, and
will continue to be, posted with clearly visible signs warning both
minors and adults of the presence of the hybrid canine(s) on the property.
D.
Upon receipt of hybrid canine permit, the owner shall
affix a uniformly designed tag to the hybrid canine's collar, which
tag shall be provided by the Treasurer, and the owner shall ensure
that the hybrid canine wears the collar and tag at all times. Any
person to whom a hybrid canine permit has been issued shall immediately
notify the animal warden if the hybrid canine 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.
[Amended 6-18-2020 by Ord. No. 2020-06]
A.
DANGEROUS DOG
VICIOUS DOG
(1)
(2)
(3)
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:
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.
Any canine or canine crossbreed which has:
Killed a person;
Inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health or serious impairment
of a bodily function; or
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.
A.
Any person who overrides, overdrives, overloads, ill
treats, abandons, or 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; deprives any animal of necessary
food, drink, shelter or emergency veterinary treatment; 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; 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.
[Amended 12-5-2019 by Ord. No. 2019-12]
B.
Any person who has been within five years convicted
of a violation of this section shall be guilty of a Class 6 felony
if the current violation or any previous violation of this section
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.
C.
For the purposes of this section, the word "animal"
shall be construed to also include birds and fowl.
D.
This section shall not prohibit authorized wildlife
management activities or hunting or fishing as regulated under other
titles of the Code of Virginia.
E.
In addition to the penalties provided for in this
section, the court may, in its discretion, require any person convicted
of a violation of this section to attend an anger management or other
appropriate treatment program or obtain psychiatric or psychological
counseling. The court may also impose the costs of such program or
counseling upon the person convicted.
F.
Any person who 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 as a direct result causes serious bodily injury to
such dog or cat that is a companion animal, 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. For the purposes of this subsection,
"serious bodily injury" means bodily injury that involves substantial
risk of death, extreme physical pain, protracted and obvious disfigurement,
or protracted loss or impairment of the function of a bodily member
or organ or mental faculty.
[Amended 12-5-2019 by Ord. No. 2019-12]
G.
Any person convicted of violating this section may
be prohibited by the court from possession or ownership of companion
animals.
(1)
The procedure for appeal and trial shall be the same
as provided in Article 4 (§ 19.2-260 et seq.) of Chapter
15 of Title 19.2 of the Code of Virginia. The case must be proved
beyond a reasonable doubt.
(2)
The humane investigator or Animal Control Officer
may provide for such animal until the owner is adjudged by the court
able to adequately provide for such animal and a fit person to own
the animal, in which case the animal shall be returned to the owner.
If the owner is adjudged by the court unable to adequately provide
for the animal or not a fit person to own the animal, then the court
shall order that the animal be sold by the City; 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; or delivered to any local humane
society, shelter, or to any person who is a resident of the City and
who will pay the required license fee, if any, on such animal. In
no case shall the person adjudged unable to adequately provide for
the animal or adjudged an unfit person to own the animal be allowed
to purchase the animal at sale. The court may order any owner adjudged
unable to adequately provide for his animal or not a fit person to
own the animal 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.
(3)
The court, in determining whether the owner is able
to adequately provide for the animal or is a fit person to own the
animal, may take into consideration, among other things, the owner's
past record of convictions under this section or one similar thereto
prohibiting cruelty to animals and the owner's mental and physical
condition. In the case of sale, the proceeds shall first be applied
to the cost of the sale then next to the previously unreimbursed expenses
for the care and provision of the animal.
H.
Any person who abandons any dog, cat or other domesticated
animal or any reptile, lizard or wild animal in any public place,
including the right-of-way of any public highway, road or street or
on the property of another, shall be guilty of a Class 3 misdemeanor.
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.
