As used in this article, the following words
shall have the following meanings:
That, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to prevent the animal's escape; or, if the hybrid canine is determined to be a dangerous dog pursuant to § 62-10, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine and provide a minimum of 100 square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement.
Any animal which 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 control officer, humane investigator,
official of the Department of Health or State Veterinarian's representative.
The ownership and humane care of a hybrid canine in such
a manner as to comply with all laws and ordinances regarding hybrid
canines and prevent endangerment by the animal to public health and
safety.
A.
It shall be the duty of any animal control officer
or other officer who may find a hybrid canine in the act of killing
or injuring livestock or poultry to kill such hybrid canine forthwith,
whether such hybrid canine bears a tag or not. Any person finding
a hybrid canine committing any of the depredations mentioned in this
section shall have the right to kill such hybrid canine on sight as
shall any owner of livestock or his agent finding a hybrid canine
chasing livestock on land lawfully utilized by the livestock when
the circumstances show that such chasing is harmful to the livestock.
Any court shall have the power to order the animal control officer
or other officer to kill any hybrid canine known to be a confirmed
livestock or poultry killer, and any hybrid canine killing poultry
for the third time shall be considered a confirmed poultry killer.
The court, through its contempt powers, may compel the owner, custodian
or harborer of the hybrid canine to produce the hybrid canine.
B.
Any animal control officer who has reason to believe
that any hybrid canine is killing livestock or poultry shall be empowered
to seize such hybrid canine solely for the purpose of examining such
hybrid canine in order to determine whether it committed any of the
depredations mentioned herein. Any animal control officer or other
person who has reason to believe that any hybrid canine is killing
livestock or committing any of the depredations mentioned in this
section shall apply to a magistrate who shall issue a warrant requiring
the owner or custodian, if known, to appear before the general district
court at a time and place named therein, at which time evidence shall
be heard. If it appears that the hybrid canine is a livestock killer
or has committed any of the depredations mentioned in this section
the district court shall order that the hybrid canine be killed immediately
by the animal control officer or other officer designated by the court
or removed to another state which does not border on the commonwealth
and prohibited from returning to the commonwealth. Any hybrid canine
ordered removed from the commonwealth which is later found in the
commonwealth shall be ordered by a court to be killed immediately.
[Amended 5-2-2019 by Ord.
No. 2019-05]
Any person who has any livestock or poultry killed or injured
by any hybrid canine not his own shall be entitled to receive as compensation
the fair market value of such livestock or poultry not to exceed the
maximums as described in Code of Virginia, § 3.2-6584, as
amended from time to time, for animals and fowl if i) the claimant
has furnished evidence within 60 days of discovery of the quantity
and value of the dead or injured livestock and the reasons the claimant
believes that death or injury was caused by a hybrid canine, and ii)
the animal control officer has conducted an investigation and that
his investigation supports the claim. Upon payment under this section,
the County shall be subrogated to the extent of compensation paid
to the right of action to the owner of the livestock or poultry against
the owner of the hybrid canine and may enforce the same in an appropriate
action at law.
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, and the County may require a violator to surrender the hybrid canine for euthanasia in accordance with § 62-30.
