[HISTORY: Adopted by the Town Council of the Town of Stanley as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1973 as Ch. 3 of the 1973 Code]
It shall be unlawful for any person owning, harboring or having in his charge or custody any hog, sheep, mule, horse, pony, donkey, goat or other like animal, or any poultry or fowl, to permit or suffer any such animal, poultry or fowl to run at large within the Town.
On and after the effective date of this Code, it shall be unlawful within the Town for any person to install, construct or set off any pen, coop, structure or enclosure for the purpose of keeping chickens, turkeys or other poultry or fowl for commercial purposes, or to enlarge or extend in any manner any such existing pen, coop, structure or enclosure for commercial purposes.
Each person owning or having the custody or control of an animal or fowl within the Town shall provide therefor a suitable pen, coop or other enclosure or place of habitation therefor; and it shall be his duty to maintain such place at all times in a safe, clean and sanitary condition, free of excrement and other unsanitary or offensive substances, liquids or odors and so as not to constitute a hazard to the health or safety of any person or to become a nuisance.
It shall be unlawful for any person to keep or harbor within the Town more than two hogs at any one time. The pen in which they are kept shall have a tight flooring with a pitch of not less than 1/2 inch to the foot and least six inches above the ground at the lowest point and not less than 200 feet from the residence of any other person and not less than 50 feet from his own residence; and no hog shall be kept in any building or shed not provided with tight floors and at least six inches above the ground.
It shall be unlawful for any person to permit any manure to accumulate on any premises under his control in such manner or to such extent as to give rise to an excess of flies or to odors objectionable to the occupants of other premises or to passersby on the public highway.
Any person who overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation to, or cruelly or unnecessarily beats, maims, mutilates or kills, any animal, whether belonging to himself or another, or deprives any animal of necessary sustenance, food or drink, or causes any of the above things or, being the owner of such animal, permits such acts to be done by another; or willfully sets on foot, instigates, engages in or in any way furthers any act of cruelty to any animal; or shall carry or cause to be carried in or upon any vehicle or vessel or otherwise any animal in a cruel, brutal or inhumane manner so as to produce torture or unnecessary suffering, shall, upon conviction, be subject to the penalties provided in § 1-16 of this Code, but nothing in this section shall be construed to prohibit the dehorning of cattle.
The owner of any animal or grown fowl which has died, when he knows of such death, shall forthwith have its body cremated or buried; and if he fails to do so, any judicial officer or court having jurisdiction, after notice to the owner, if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose, and the officer or other person shall be entitled to recover from the owner of every such animal or fowl so cremated or buried the reasonable cost of cremation or burial, to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be subject to a fine not exceeding $2,500 for each offense.
It shall be unlawful for any person owning, harboring or having in his charge or custody any dog to permit or suffer such dog to run at large within the Town between the hours of 6:00 p.m. and 6:00 a.m.
It shall be unlawful for any person owning, harboring or having in his charge or custody any animal known by him to be vicious or to have bitten any person to permit such animal to run at large within the Town at any time unless such animal shall be securely muzzled in such manner as to prevent the biting of any other animal or any person.
Each person owning, harboring or having in his charge or custody any animal known by him to vicious or to have bitten any person shall keep such animal securely confined within the premises occupied by him in such manner that such animal cannot escape therefrom; and he shall maintain conspicuously at each entrance to such premises a legible sign giving warning to “BEWARE OF VICIOUS ANIMAL.”
The following shall be deemed unlawful acts:
Diseased dogs: for the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner.
Female dog in season: for the owner of any female dog to permit such dog to stray from its premises while such dog is known to such owner to be in season.
Removing collar and tag: for any person, except the owner or custodian, to remove a legally acquired license tag from a dog.
Concealing a dog: for any person to conceal or harbor any dog on which no license tax has been paid or to conceal a mad dog to keep it from being killed or confined as provided in this chapter.
Except as hereinabove provided, any violation of the provisions of this chapter shall subject the violator to the provisions of § 1-16 of this Code.
The following terms in this agreement have the meanings set forth below unless the context otherwise requires:
- Any nonhuman vertebrate species, except fish, which the county is equipped to handle.
- ANIMAL CONTROL OFFICER
- An employee of the county who has been appointed as an animal control officer pursuant to § 3.1-796.104 of the Code of Virginia and any other agent or employee of the county engaged in animal control functions in the Town.
- ANIMAL CONTROL SERVICES
- Such services provided by the county, including animal capture, animal pickup, arrangements for medical treatment of stray sick or injured companion animals and livestock, and animal transportation, including the administration incidental to such services, and enforcement of the animal laws set forth in the Town ordinances, both criminal and civil in nature.
- APPLICABLE LAW
- All applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any judicial or administrative tribunal, arbitrator or governmental agency or authority, and all rules, regulations, orders, interpretations, licenses and permits of the Town and county and any federal or state governmental body, instrumentality, agency or authority, specifically including Title 3.1, Agriculture, Horticulture and Food, Chapter 27.4, Comprehensive Animal Laws, of the Code of Virginia (1950), as amended, Part II, Chapter 34 of the Code of the County of Page, Virginia, and Chapter 75, Animals, of the Town Code of Stanley, Virginia, as amended.
- COMMENCEMENT DATE OF THIS AGREEMENT
- The date of adoption by the jurisdictions hereto.
- COMPANION ANIMAL
- Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal which is bought, sold, traded, or bartered by any person.
- DOMESTIC ANIMAL
- Any animal which may be possessed and owned in accordance with applicable law, including but not limited to companion animals, livestock and poultry.
- FISCAL YEAR
- The annual accounting period from July 1 of one year to and including June 30 of the following year.
- An individual or business residing or located within the geographical limits of the Town.
- SERVICE HOURS
- Any hour, or part thereof, wherein an Animal Control Officer responds, either in person, by correspondence, or by telephone, to an animal-related issue in the Town.
The county agrees to provide the Town with animal control services as follows:
Service hours: to provide the services listed below during normal business hours and emergency animal control services after normal business hours every day of the week, including weekends and holidays.
To provide animal control services on a complaint basis, including routine patrols.
To transport and deliver animals in its custody to the county's shelter for services.
To arrange for medical treatment by a licensed veterinarian for sick and injured animals in accordance with established county procedures.
To cooperate with Town employees, offices, officers and officials, including, but not limited to, the Town Attorney and the Police Department as needed, to properly investigate and enforce applicable law. The County Animal Control Officer shall make immediate notification to the Stanley Police of any confirmed incidents involving any animal that poses an immediate and direct health or safety risk to the public or companion animals.
To prepare and provide all reports required by applicable law, including, but not limited to, number of animals handled, number of animals field euthanized, number of complaints to which Animal Control Officers responded and the number of citations issued by animal control officers. Specifically, animal control will provide to the Stanley Police Department a copy of its quarterly reports, as well as its monthly report to the Animal Advisory Committee. Such reports, however, will be based upon countywide figures and will not be specific to the Town.
Animal control shall meet with the Stanley Police Department on a biannual basis to discuss any and all issues related to their services to the Town of Stanley or how the entities may better serve the community.
Staff and equipment.
To provide all animal control services by sworn Animal Control Officers and field technicians as appropriate.
To require that all Animal Control Officers and field technicians wear appropriate uniforms and display proper identification and credentials required for the performance of their duties.
To provide all equipment necessary to conduct safe, efficient, and humane animal control services.
Routine animal control services and hours of operations: to provide routine animal control services during the hours of operation, every day of the week, except holidays, for the enforcement of the state comprehensive animal laws and the county and Town ordinances on animals and fowl, as well as the following:
Emergency animal control services and hours of operation.
To provide animal control services on an emergency basis after normal business hours and on holidays, for the following in order of priority:
Animals that are at large and are attacking or chasing humans.
A human has had contact with a wild animal and the animal is still alive and present at the scene.
A domestic animal has had contact with a wild animal, when the wild animal is still alive and present at the scene.
A suspected rabid animal has been reported present in a populated area.
A stray companion animal has bitten a human.
A suspected rabid animal has been reported present in a rural area.
Dog chasing/attacking livestock.
Report of a sick/injured stray domestic animal.
Report of a wild animal that poses a threat (e.g., rabies) in the living area of a home.
Dog attacking, or has attacked, other domestic animals.
Human or domestic animal contact with a wild animal which has died.
Assist law enforcement and fire-rescue personnel in the performance of their duties when an animal is involved (e.g., owner arrested, structure fire, automobile accident, executions of search warrant, etc.).
Reports of an animal cruelty or neglect that are life-threatening or pose an immediate threat to the animal's well being.
To respond to emergency requests for animal control services within a reasonable time from receipt of such a request to respond, as weather and traffic conditions allow and in consideration of the priority level of the request.
Animal Control Officer performance: to supervise Animal Control Officers and their standards of performance, discipline, and all other aspects of their activities in the execution of their responsibilities pursuant to this agreement.
Contact person: a designated person with whom communication may be made pursuant to this agreement if other than the person listed in § 75-15.
Enforcement. All violations of law will be enforced under the county's existing or revised ordinances, unless circumstances or procedures require citation under the laws or ordinances of the commonwealth, the Town or some other jurisdiction.
Disposition of fines, forfeitures and recoveries. The county will be entitled to retain all fines, forfeitures and recoveries resulting from convictions in which the county's personnel have responded or provided services under this agreement.
In addition to any other requirements contained herein, the Town agrees as follows:
Emergency service. For emergencies after regular business hours, Animal control staff may be reached by pager (between the hours of 9:00 p.m. and 6:30 a.m.). The Town Police Department will be provided with a list of incidents that qualify as animal control emergencies.
Performance and service quality input: to provide the County with input on the effectiveness of services provided.
Contact person: to designate a person with whom communication is to be made pursuant to this agreement if other than the person listed in § 75-15.
Remitting of fines, forfeitures and recoveries. In any case in which the county's personnel have provided services under this agreement but the ensuing criminal or civil process has been brought under the Town's ordinances, the fines, forfeitures and recoveries imposed shall be remitted by the Town to the county.
Prosecution expenses. In any case in which the county's officers have provided services under this agreement but the ensuing criminal or civil process has been brought under the Town's ordinances, the Town Attorney will serve as prosecutor unless he has a conflict, in which event the County Attorney will prosecute on behalf of the Town. Legal expenses incurred will be borne by the respective jurisdictions, as incurred.
Unless otherwise provided for herein, any notice required or permitted to be given under the agreement shall be provided in writing by mailing first class postage or delivered in person, and notice shall be effective upon such mailing or delivery.
The initial term of this agreement shall begin on the commencement date and terminate on the termination date. Thereafter, the agreement shall be automatically renewed on a fiscal-year basis.
Either party may give to the other party written notice of its intent not to renew for the next fiscal year term on or before April 1 of any existing term.
Notwithstanding any other provision contained herein, this agreement may be terminated by either party, at any time, without cause, by providing written notice to the other party at least six months prior to the intended date of termination, specifying the date of termination, by certified mail, return receipt requested, or personally delivered to the other party to the person and at the address provided for notices in § 75-15.
This agreement shall become effective on the effective date upon execution in duplicate by both parties and a fully executed copy of the agreement having been delivered or mailed to both parties at the addresses for notices contained in § 75-15.