[Amended 9-16-2008; 10-18-2011]
Pursuant to the authority contained in § 3.2-6555,
Code of Virginia 1950, as amended, the position of Animal Control
Officer for the County is hereby created and established, and the
licensing and regulation of dogs within the County is hereby required.
The Animal Control Officer shall discharge the duties and responsibilities
of the position of Animal Control Officer as set forth in § 3.2-6555
et seq., Code of Virginia 1950, as amended, and such other duties
as may be required by the Board of Supervisors from time to time.
[Amended 6-30-1980; 6-18-1990; 10-18-2011; 7-15-2014]
A.
It shall
be the duty of any Animal Control Officer or other officer who may
find a dog in the act of killing or injuring livestock or poultry
to seize or kill such dog forthwith, whether such dog is wearing a
tag or not; or any person finding a dog committing any of the aforementioned
acts and depredations set forth shall have the right to kill such
dog on sight. The General District Court or any other court shall
have the power to order the Animal Control Officer or other law enforcement
officer to kill any dog known to be a confirmed livestock or poultry
killer. Any dog observed killing fowl for the third time shall be
considered a confirmed poultry killer. Any Animal Control Officer
or other person who has reason to believe that any dog is killing
livestock or committing any of the aforementioned acts and depredations
set forth in this section shall apply to a magistrate of the County,
who shall issue a warrant requiring the owner or custodian, if known,
to appear before the Judge of the General District Court at the time
and place named therein at which time evidence shall be heard, and
if it shall appear that such a dog is a livestock killer or has committed
any of the aforementioned acts and depredations set forth in this
section, the dog shall be ordered to be killed immediately by the
Animal Control Officer or other officer designated by the Judge of
the General District Court or removed to another state that does not
border on the commonwealth and prohibited from returning to the commonwealth.
Any dog ordered removed that is later found in the commonwealth shall
be ordered by the court to be killed immediately.
B.
Any person
who has any livestock or poultry killed or injured by any dog not
his own shall be entitled to receive as compensation the fair market
value of such livestock or poultry, not to exceed $750 per animal
or $10 per fowl, provided that 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 dog; the Animal Control Officer or other
officer has been notified of the incident within 72 hours of its discovery;
and the claimant first has exhausted his legal remedies against the
owner, if known, of the dog doing the damage for which compensation
under this section is sought. Exhaustion shall mean a judgment against
the owner of the dog upon which an execution has been returned unsatisfied,
provided that service of process has been obtained against the owner
of such dog; provided, further, that in the event service of process
in unobtainable against the owner of such dog after satisfactory evidence
of reasonable diligence in attempting service thereof, then this requirement
shall be satisfied upon the Animal Control Officer having conducted
an investigation, which investigation supports the claim.
[Amended 6-18-1990; 9-16-2008; 10-18-2011]
It shall be the duty of the Animal Control Officer
or any other officer to capture and euthanize any dog of unknown ownership
found running at large on which the license has not been paid. The
Animal Control Officer or other officer may deliver such dog to any
person in his jurisdiction who will pay the required license fee on
such dog, with the understanding that should the legal owner thereafter
claim the dog and prove his ownership, he may recover such dog by
paying to the person to whom it was delivered by the Animal Control
Officer the amount of the license fee paid by him and a reasonable
charge for the keep of the dog while in his possession. Any person,
Animal Control Officer or other officer euthanizing a dog under this
chapter shall cremate, bury or sanitarily dispose of the same. Prior
to disposition by euthanasia or otherwise, all the provisions of § 3.2-6546,
Code of Virginia, shall have been complied with. All drugs and drug
administering equipment used by Animal Control Officers or other officers
to capture dogs pursuant to this chapter shall have been approved
by the State Veterinarian.
[Amended 6-18-1990]
The owner of any dog which has died from disease
or other cause shall forthwith bury or cremate such dead dog. If he
fails to do so or leaves the dead dog on the County dump or other
place, the Judge of the General District Court, after notice to such
owner, shall order such dead dog to be buried or cremated by such
person as he may designate and shall require the owner to pay the
person so designated a fee adequate to reimburse costs, free from
all encumbrances. If the owner of any such dead dog is not known,
the person designated shall be entitled to recover the sum from the
Dog Fund.
[Added 7-20-1999; amended 11-18-2003; 9-18-2007]
A.
Definitions.
(1)
DANGEROUS DOG
(a)
(b)
(c)
(d)
VICIOUS DOG
(a)
(b)
(c)
As used in this section, the following terms shall
have the meanings indicated:
[Amended 10-16-2012; 8-15-2017]
A canine or canine crossbreed that has bitten, attacked, or
inflicted injury on a companion animal that is a dog or cat, or killed
a companion animal that is a dog or cat. A canine or canine crossbreed
is not a dangerous dog if, upon investigation, a law enforcement officer
or animal control officer finds that:
A canine or canine crossbreed that has bitten, attacked, or
inflicted injury on a person. A canine or canine crossbreed is not
a dangerous dog 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 in only a scratch, abrasion or other minor injury.
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 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.
A canine or canine crossbreed that 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 that resulted
in a previous finding by a court or on or before July 1, 2006, by
an animal control officer as authorized by local ordinance, that it
is a dangerous dog, provided that its owner has been given notice
of that finding.
(2)
Notwithstanding the definitions above, 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 committing,
at the time, a crime upon the premises occupied by the animal’s
owner or custodian; committing, at the time, a willful trespass 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. 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.
B.
Procedures for determining a dog to be dangerous or
vicious.
(1)
Any law enforcement officer or animal control officer who has reason
to believe that a canine or canine crossbreed within his jurisdiction
is a dangerous dog or vicious dog may apply to a magistrate of the
jurisdiction 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 law enforcement officer
successfully makes an application for the issuance of a summons, he
shall contact the local 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 animal control officer or
owner shall securely confine the animal in a humane manner until such
time as evidence shall be heard and a verdict rendered. If the 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.
[Amended 8-15-2017]
(2)
The court, upon finding the animal to be a dangerous or vicious
dog, may order the owner, custodian, or harborer thereof to pay restitution
for actual damages to any person injured by the animal or whose companion
animal was injured or killed by the animal. The court, in its discretion,
may also order the owner to pay all reasonable expenses incurred in
caring and providing for such dangerous or vicious dog from the time
the animal is taken into custody until such time as the animal is
disposed of or returned to the owner.
[Amended 8-15-2017]
(3)
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.
Disposition of dangerous or vicious dogs.
(1)
Vicious dogs. 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.
[Amended 9-16-2008]
(2)
Dangerous dogs.
(a)
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.
(b)
The owner of any animal found to be a dangerous
dog shall, within 30 days of such finding, obtain a dangerous dog
registration certificate from the local animal control officer or
Treasurer for a fee of $150, in addition to other fees that may be
authorized by law. All certificates or renewals thereof required to
be obtained under this section shall only be issued to a person 18
years of age or older who presents satisfactory evidence that the
animal has been neutered or spayed. 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 insurance policy shall contain a provision requiring
that the County be named as an additional insured party for the purpose
of the County being notified by the insurance company of any cancellation,
termination or expiration of the policy. The owner may obtain and
maintain a bond in surety, in lieu of liability insurance, to the
value of $100,000. The local animal control officer or Treasurer 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 updated and renewed by January 31 of each year, until such
dog is deceased for a fee of $85 and in the same manner as the initial
certificate was obtained. The animal control officer shall post initial
registration information and any updates on the Virginia Dangerous
Dog Registry. The County shall submit to the State Veterinarian by
January 31 of each year $90 for each dangerous dog it initially registered
and $25 for each dangerous dog for which it renewed registration in
the prior calendar year. Animal control authorities shall be empowered
to make whatever reasonable inquiries and inspections are necessary
to ensure compliance with the provisions of this section.
[Amended 10-16-2012; 8-15-2017]
(c)
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: (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.
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 electronic implantation.
[Amended 8-15-2017]
(d)
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.
(e)
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.
(f)
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 is loose or unconfined; or bites a person or attacks another
animal; or 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. If the dangerous dog is sold,
given away, or has been moved to a different address, the previous
owner will provide local animal control authorities with the name,
address and telephone number of the new owner, who must also comply
with the requirements of this section.
(g)
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 shall be guilty of a Class 1 misdemeanor. Upon conviction,
the court may: (i) order the dangerous dog to be disposed of by a
local governing body pursuant to Virginia Code § 3.2-6562;
or (ii) grant the owner up to 30 days to comply with the requirements
of this section, during which time the dangerous dog shall remain
in the custody of the animal control officer until compliance has
been verified. If the owner fails to achieve compliance within the
time specified by the court, the court shall order the dangerous dog
to be disposed of by a local governing body pursuant to Code Virginia
§ 3.2-6562. Any owner or custodian of a canine or canine
crossbreed or other animal is guilty of a: 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; 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.
[Amended 8-15-2017]
(3)
Fees; training. 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 and fees due to the State Veterinarian for maintenance of
the Virginia Dangerous Dog Registry, shall be paid into a special
dedicated fund in the treasury of the locality for the purpose of
paying the expenses of any training course required under § 3.2-6556
of the Code of Virginia.
[Amended 9-16-2008; 10-16-2012]
[Added 9-4-2012]
A.
Definitions.
(1)
INTIMIDATING DOG
(a)
(b)
(c)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
For purposes of this section, the following terms shall have
the meanings indicated:
A canine or canine crossbreed that attacks, charges or approaches
or attempts to attack, charge or approach a person or animal while
such canine or canine crossbreed is barking, growling or behaving
in any other threatening manner and under such circumstances that
a court would determine a reasonable person would be afraid or in
fear of harm.
A canine or canine crossbreed that has been previously declared
by the court to be an intimidating dog.
A canine or canine crossbreed shall not be found to be an intimidating
dog if such behavior is displayed under the following circumstances:
If both animals are owned by the same person;
Where the owner or custodian could lawfully use force to defend
person or property under the same circumstances;
If the dog is engaged with an owner or custodian as part of
lawful hunting or a lawful dog-handling event;
Where the dog has been provoked, tormented, abused or assaulted;
If the dog is a police dog engaged in the performance of its
duties;
If the dog was responding to an injury or was protecting itself,
its kennel or its offspring;
If the dog is on private property not open to the public; or
For other good cause as determined by the court.
(2)
Notwithstanding the definition above, no canine or canine crossbreed
shall be found to be an intimidating dog solely because it is a particular
breed nor is the ownership of a particular breed prohibited.
B.
Procedures for determining a dog to be intimidating. Any law enforcement officer or Animal Control Officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is an intimidating dog as defined in Subsection A shall apply to a magistrate of the jurisdiction 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. The court, through its contempt powers, may compel the owner or custodian of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal has been engaged in the behavior described in Subsection A, the court shall declare the animal an intimidating animal and order the owner or custodian of the animal to comply with Subsection C.
C.
Disposition of intimidating dogs.
(1)
At any time an intimidating dog is in a public place or a private
place open to the public, the owner or custodian shall place a secure
muzzle on the dog which prevents the dog from biting a person or another
animal and which cannot be removed by the dog.
(2)
Any person who permits an intimidating dog to run at large or
remain unrestricted in a public place or a private place open to the
public shall be deemed to have violated the provisions of this section.
Any intimidating dog found running at large shall be subject to seizure
and impoundment by the Animal Control Officer or any other law enforcement
officer.
(3)
The owner or custodian of an intimidating dog must immediately
notify the Warren County Sheriff's Office in the event an intimidating
dog escapes from confinement or control of the owner or custodian.
The failure to make such notification may be used in court to show
the willfulness of allowing the dog to run at large.
The following acts shall be deemed misdemeanors
and enforced by proceedings before a Judge of the General District
Court:
A.
Diseased dog: for the owner of any dog with a known
contagious or infectious disease to permit such dog to stray from
his premises.
B.
Female dog in season: for the owner of any female
dog to permit such dog to stray from his premises while such dog is
known to be in season.
C.
Removing collar and tag: for any person, except the
owner or custodian, to remove a legally acquired license tag from
a dog.
D.
Concealing a dog: for any person to conceal or harbor
any dog on which the license tax has not been paid or to conceal a
mad dog to keep the dog from being killed.
A.
Any person convicted of making a false statement in
order to secure a dog license to which he is not entitled shall be
fined not more than $100.
B.
Any dog owner convicted of failure to pay the license tax required by Article III before February 1 of the year in which it is due shall be fined not more than $100. In addition, the court may order confiscation and proper disposition of the dog.
C.
If a dog is found to be running and roaming at large
at any time of the year in violation of the provisions of this chapter,
the owner, upon conviction, shall pay a fine of not more than $50
for the first offense and $100 for each offense thereafter.
[Amended 6-18-1990]
D.
Any other violation of this chapter for which a specific
penalty is not provided shall be punishable by a fine of not more
than $1,000 and imprisonment of not more than 30 days in the County
jail, or both, and shall be enforced by proceedings before a Judge
of the General District Court in like manner and with like right of
appeal as if such violations were misdemeanors.
E.
All fines collected from any person for violating
any provision of this chapter, upon conviction thereof, shall be credited
to the general fund of the County and deposited by the County Treasurer
in the same manner as that prescribed for other County moneys.
