[HISTORY: Adopted by the Board of Supervisors
of Buchanan County 2-7-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the
county specifically amends the statutory provisions to the contrary
or repeals the statutory provisions, future amendments to said statute
shall take effect as provided by law.]
Animals — See Ch. 22.
Building construction — See Ch. 25.
[1]
Editor's Note: This ordinance also superseded former Ch. 33A,
Fences, adopted 10-3-2005.
The title of this chapter is "An Ordinance Establishing a Fence
Law in Buchanan County, Virginia."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all horses, cattle, sheep, goats, chickens and any
other animals domesticated by man except dogs and cats.
The boundary line of each lot or tract of land in Buchanan County
shall be a lawful fence as to any of the livestock as defined herein.
It shall be unlawful for the owner or manager of any livestock
as described herein to permit any such animal to run at large beyond
the limits of his own lands.
The owner of any such livestock running at large shall be liable
for the actual damages inflicted by such animal or animals to properties
of other persons. Upon subsequent offenses, the owner of livestock
running at large shall be liable for twice the amount of actual damages.
The owner or manager of any such livestock who shall knowingly
permit such animal or animals to run at large shall be deemed to be
guilty of a Class 4 misdemeanor. Each and every day the owner or manager
of any such livestock knowingly permits such animal or animals to
run at large shall constitute a separate offense.
A.
Any law-enforcement office or animal control officer may lawfully
seize and impound any animal that has been abandoned, has been cruelly
treated, or is suffering from an apparent violation of chapter 65
of Title 3.2 of the Virginia Code that has rendered the animal in
such a condition as to constitute a direct and immediate threat to
its life, safety or health. Before seizing or impounding any livestock,
such law-enforcement officer or animal control officer shall contact
the State Veterinarian or a State Veterinarian's representative,
for a recommendation as to the most appropriate action for the disposition
of such livestock. The law-enforcement officer or animal control officer
shall notify the owner of the livestock and the Commonwealth Attorney
of such recommendation.
(1)
The law-enforcement officer or animal control officer may impound
the livestock on the land where the livestock is located if:
(a)
The owner or tenant of the land where the livestock animal is
located gives written permission:
(b)
The General District Court so orders; or
(c)
The owner or tenant of the land where the livestock animal is
located cannot be immediately located, and it is in the best interests
of the livestock animal to be impounded on the land where it is located
until written permission of the owner or tenant of the land can be
obtained.
(2)
If there is a direct and immediate threat to a livestock animal,
the law-enforcement officer or animal control officer may seize the
livestock animal, in which case said officer shall file within five
business days on a form approved by the State Veterinarian a report.
(3)
Upon seizing or impounding a livestock animal the law-enforcement
officer or animal control officer shall petition the General District
for a hearing within 10 days of the seizure or impounding of the livestock
animal to determine whether the livestock animal has been abandoned,
has been cruelly treated, or has not been provided adequate care.
B.
The law-enforcement officer or animal control officer shall cause
to be served upon the person with a right of property in the livestock
animal or the custodian of such animal with notice of the hearing
in General District Court. If the person to be served is known and
lives within Buchanan County, written notice shall be given at least
five days prior to the hearing of the time and place of the hearing.
If the person to be served is known and resides outside of Buchanan
County, written notice of the hearing shall be given by any method
or service of process as is provided by the Code of Virginia. If the
person to be served is not known, the law-enforcement officer or animal
control officer shall cause to published in a newspaper of general
circulation notice of the hearing at least one time prior to the hearing
and shall further cause such notice to be posted in the public notice
locations at the Buchanan County Courthouse.
C.
The procedure for trial and appeal shall be the same as that provided
for misdemeanors. The Commonwealth shall be required to prove its
case beyond a reasonable doubt.
D.
The Animal Control Department shall provide for the livestock animal
until the court has concluded the hearing. If the time of seizure
or impoundment continues beyond 30 days, the owner of such seized
or impounded animal shall post a surety bond for the amount of the
costs of boarding said livestock animal for up to nine months. The
bond shall not be forfeited if the owner of the livestock animal is
found to be not guilty of the violation.
E.
If the Court determines that the animal has been neither abandoned,
cruelly treated, nor deprived of adequate care, as that term is defined
in Virginia Code § 3.2-6500, the livestock animal shall
be returned to the owner.
(1)
If, however, the Court determines that said livestock animal has
been abandoned, cruelly treated or deprived of adequate care as that
term is defined in Virginia Code § 3.2-6500, then the Court
shall order that said livestock animal be:
(a)
Sold by the Board of Supervisors; or
(b)
Be humanely destroyed; or
(c)
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
(d)
Delivered to any local humane society or shelter, or to any
person who is a resident of Buchanan County or county adjacent to
Buchanan County and who will pay the required license fee, if any,
on such livestock animal.
(2)
In no case shall the livestock animal be returned to the owner where
the Court determines that the animal has been either abandoned, cruelly
treated or deprived of adequate care. The Court shall direct that
the animal be delivered to the person with a property right in the
animal, upon his or her request, if the Court finds that the abandonment,
cruel treatment, or deprivation of adequate care was not attributable
to the actions or inactions of such person.
F.
The Court shall order the owner of any animal determined to have
been abandoned, cruelly treated or deprived of adequate care to pay
all reasonable expenses incurred in caring and providing for such
animal from the time the animal is seized or impounded until such
time that the animal is disposed as provided herein. Furthermore,
if the court finds that the livestock animal has been abandoned or
cruelly treated, the court may prohibit the owner of such livestock
animal to possess or own any other livestock animal when the evidence
establishes a pattern of abandoning or cruelly treating livestock
animals from previous convictions of violations of Virginia Code § 3.2-6504
or Virginia Code § 3.2-6570. In making the determination
to prohibit possession or ownership of a livestock animal, the Court
may consider the owner's mental and physical condition. A person
who has been ordered not to possess or own a livestock animal may
petition the court two years after the entry of such order to repeal
the prohibition upon a finding by the court that the cause for the
prohibition has ceased to exist. In cases where the livestock is sold,
the proceeds shall be applied in the following order of priority:
(1)
To costs of sale;
(2)
Then to unreimbursed expenses for the care and provision of the livestock
animal;
(3)
And any remaining funds, if any, shall be paid to the owner of the
livestock animal;
(4)
If the owner of the livestock animal cannot be found, any remaining
proceed shall be paid into the Literary Fund.
G.
Nothing in this chapter shall be construed to prohibit the humane
destruction of a critically injured or ill livestock animal for humane
purposes by the impounding law-enforcement officer, animal control
officer or licensed veterinarian.
