Town of Elkton, VA Article III Dogs

[Adopted 4-6-1984; amended in its entirety 12-18-2000]

§ 53-9 Enforcement of county dog laws in Town.

[Amended 12-16-2013]

The Animal Control Officer and any Deputy Animal Control Officers of Rockingham County, Virginia, are hereby appointed as such officers of the Town. The dog and rabies control ordinances of Rockingham County, Virginia, Chapter 4, Articles II and III, Code of Laws, effective on January 1, 2000, including the penalties for violation thereof, are hereby adopted and incorporated by reference as the dog laws of the Town.[1] All amendments to the dog and rabies control ordinances of Rockingham County, Virginia, Chapter 4, Articles II and III, Codes of Laws, adopted after January 1, 2000, are hereby adopted, and all future amendments to this chapter of Rockingham County's Code will be automatically adopted as of the date that they become effective for Rockingham County.

[1] Editor's Note: Chapter 4 of the County Code of Laws is included in the Appendix of this Code of the Town of Elkton.

§ 53-10 Designation of county officers as special police.

The Animal Control Officer or Dog Warden of the county is designated as a special police officer for the purpose of being authorized to issue summonses for dog law violations within the Town.

§ 53-11 Keeping dogs under physical restraint.

A. Except as provided below, it shall be unlawful for the owner of any dog to permit the dog to be off the premises of its owner unless it is under the control of its owner or a responsible person capable of physically restraining the dog and kept secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog. An electronic collar or other similar electronic device does not qualify as a leash, lead or other means of physical restraint.

B. The leash, lead or other means of physical restraint may be removed from a dog on private property, other than the property of the owner, provided that the owner or person in control of such private property has permitted such dog to be present without a leash, lead or other means of physical restraint.

C. This section shall not apply to any person while engaged in a supervised, formal obedience training class or show, or during formally sanctioned field trials or field trial dog training, or while accompanying a dog within the confines of a dog park designated by the Town of Elkton, if any, and complying with all regulations governing the use of such dog park. It shall be unlawful for the owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.

§ 53-12 Allowing dogs to urinate and defecate on private or public property prohibited.

The following conduct is declared a nuisance and is prohibited. It shall be unlawful for the owner of a dog to:

A. Knowingly or willfully allow his dog to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises.

B. Knowingly or willfully allow his dog to urinate or defecate on public property, provided that urination by a dog on curbs of streets and in alleys, streets or areas designated and posted as dog exercise areas shall not constitute a violation of this section, and provided further that defecation by a dog on public property out of doors shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in an appropriate trash receptacle. In addition to the officers identified in §§ 53-9 and 53-10, any Town employee who is (1) specifically designated by the Town Manager, (2) wearing a uniform and (3) carrying identification may enforce the provisions of this section in accordance with the procedures set forth in § 53-13. As used in this subsection, "uniform" shall mean a shirt, jacket or coat on which is permanently displayed and visible the seal of the Town, together with the name of the employee's department, office or agency, and "identification" shall mean a card or badge issued by the Town to identify the employee by name and photograph, or badge number, and indicate that the employee is an authorized enforcement officer.

§ 53-13 Violations and penalties.

[Amended 7-18-2016]

A. A person shall be assessed a civil penalty of $150 for violating any provisions of §§ 53-11 and 53-12 of this chapter. Each separate occurrence of a violation of this chapter shall be considered a separate offense and subject to a separate civil penalty.

B. If an animal control officer or law enforcement officer determines that a civil penalty violation of this chapter has occurred, he shall issue and serve, or cause to be served, a notice of violation on any and all persons committing the violation. The notice shall provide that the person served may elect to make an appearance, either in person or in writing by mail, before the Treasurer of the Town, and admit liability for or plead no contest to the violation and pay the civil penalty established for the violation, all within the time period set forth in the notice. If a person so notified does not elect to admit liability or to plead no contest, the violation shall be tried in the Rockingham County General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided in civil actions at law. A finding or admission of liability or a plea of no contest shall not be deemed a criminal conviction for any purpose.