[Ord. of 12-10-2001]
For the purposes of this chapter the following words and terms
shall have the meanings respectively ascribed to them by this section:
A cat or dog four months old or older.
The officer appointed by the City Council who shall have
the power to enforce Title 3.1, Chapter 27.4, Comprehensive Animal
Laws, of the Code of Virginia, § 3.1-796.66 et seq., and
this chapter, including all laws passed for the protection of domestic
animals.
The board of agriculture and consumer services.
Any domestic or feral dog or cat, nonhuman 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
or any animal under the care, custody or ownership of a person or
any animal which is bought, sold, traded or bartered by any person.
Agricultural animals, game species or any animals regulated under
federal law as research animals shall not be considered companion
animals for the purposes of this chapter.
A canine or canine crossbreed which has bitten, attacked
or inflicted injury on a person or companion animal other than a dog
or killed a companion animal.
A dog or cat which is wild or undomesticated.
An enclosure or structure wherein seven or more adult dogs
or cats or a combination of seven adult dogs and cats are kept for
the purpose of breeding, hunting, training, renting, showing or as
a hobby and from which they cannot escape. It shall not mean a structure,
wall or fence used to demarcate a property line.
A license for adult dogs or cats or hybrids of either usually
kept in a kennel except for breeding, hunting, training, renting,
showing or as a hobby.
All persons (other than the animal control officer) employed
by the City, whose duty it is to preserve the peace, to make arrests
or to enforce the law.
Any person having a right of property in a dog or cat and
any person who keeps or harbors a dog or cat or has a dog or cat in
his care, or who acts as its custodian.
A facility operated by the City for the purpose of impounding
or harboring seized, stray, homeless, abandoned or unwanted dogs,
cats or other animals.
Roaming, running or self-hunting off the property of its
owner or custodian and not on leash or otherwise under its owner's
or custodian's immediate control.
A canine or canine cross-breed which has (i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites,
serious disfigurement or serious impairment of health or serious impairment
of bodily function or (iii) continued to exhibit the behavior which
resulted in a prior finding by a court that it is a dangerous dog,
provided that its owner has been given notice of that finding.
[Ord. of 12-10-2001]
(a)
The City Council shall appoint an officer to be known as the animal
control officer. The council may also appoint one or more deputy animal
control officers to assist the animal control officer in the enforcement
of the Comprehensive Animal Laws of the Code of Virginia, § 3.1-796.66
et seq. and in the enforcement of this chapter.
(b)
The animal control officer and any deputy animal control officers
shall serve under the supervision of the Chief of Police.
[Ord. of 12-10-2001]
It shall be unlawful for the owner or custodian of any livestock,
fowl or other domesticated animals to allow any such animals to run
at large within the corporate limits of the City.
[Ord. of 12-10-2001]
(a)
It shall be unlawful for any person to bring into or keep in the
City any dangerous animal.
(b)
This section shall not apply to canines or canine cross-breeds or
to animals kept or brought in the City in cages or other confinement
in such manner as to not constitute a danger to the public at large
as a part of a circus, carnival or zoo that is operated in compliance
with applicable federal, state and local laws and regulations.
(c)
If the owner of any animal known or reasonably suspected of being
dangerous fails to take it into custody after being notified to do
so by the animal control officer or any police officer or if the owner
of such animal cannot be determined or located within a reasonable
time, such animal may be killed by the animal control officer or any
police officer, if it is deemed by such officer necessary for the
safety of the public.
[Ord. of 12-10-2001]
No person shall own, allow, permit, keep or harbor, on or about
any premises in the City, any dog or other companion animal which,
by barking, howling or causing frequent or long-continued noises,
or which, by causing an unsanitary condition, seriously disturbs the
reasonable enjoyment, sleep, rest and comfort of persons of normal
nervous sensibilities and ordinary tastes, habits and modes of living.
Violation of this section constitutes a Class 4 misdemeanor. Conviction
of a second or subsequent violation of this section constitutes a
Class 3 misdemeanor.
[Ord. of 12-10-2001]
It shall be unlawful for any person to display, exhibit handle
or use any poisonous or dangerous snake or reptile in such a manner
as to endanger the life or health of any person.
[Ord. of 12-10-2001]
(a)
No person shall:
(1)
Override, overdrive, overload, torture, ill-treat, abandon, willfully
inflict inhumane injury or pain not connected with bona fide scientific
or medical experimentation to, or cruelly or unnecessarily beat, maim,
mutilate or kill any animal, belonging to himself or another.
(2)
Deprive any animal of necessary sustenance, food, drink, shelter
or emergency veterinary treatment.
(3)
Willfully set of foot, instigate, engage in or in any way further
any act of cruelty to any animal.
(4)
Carry or cause to be carried on a vehicle or other means of conveyance
any animal in a cruel, brutal or inhumane manner, which produces torture
or unnecessary suffering.
(5)
Cause any of the above things, or being the owner or custodian of
an animal, permit such acts to be committed by another person.
(b)
Nothing in this section shall prohibit the dehorning of cattle.
(c)
For the purpose of this section and § 5-8 hereinbelow, the word animal shall include birds and fowl.
(d)
A violation of this section shall constitute a Class 1 misdemeanor.
[Ord. of 12-10-2001]
When a sworn complaint is made to a magistrate by the animal
control officer or any other officer of the City that the complainant
believes and has reasonable cause to believe that a violation of the
laws in relation to cruelty to animals have been, are being, or are
about to be violated in any particular building or place, such magistrate,
if satisfied that there is reasonable cause for such belief, shall
issue a warrant authorizing any police officer to search such building
or place. No search shall be made after sunset unless specially authorized
by such magistrate upon satisfactory cause shown.
[Ord. of 12-10-2001]
If any person engages in the fighting of cocks, dogs or other
animals or fowl for money, prize or anything of value, or upon the
result of which any money or other thing of value is bet or wagered,
or to which an admission fee is charged, directly or indirectly, he
shall be guilty of a Class 3 misdemeanor.
[Ord. of 12-10-2001]
Any person who abandons any dog, cat or other domesticated animal
in any public place, including the right-of-way of any public highway,
road or street or on the property of another, shall be guilty of a
Class 3 misdemeanor.
[Ord. of 12-10-2001]
It shall be unlawful for any person within the City to place
or throw any dead animal onto any public property or any private property
of another, to knowingly permit any dead animal to remain unburied
upon his property or to retain custody of any maimed, diseased or
infirm animal without submitting such animal to veterinary care. A
violation of this section shall constitute a Class 3 misdemeanor.
[Ord. of 12-10-2001]
The owner of any companion animal which has died from disease
or other cause shall forthwith cremate, bury or sanitarily dispose
of the same. If, after notice, any owner fails to do so, the animal
control officer or other officer shall bury or cremate the companion
animal and may recover for the City the cost of this service from
the owner.
[Ord. of 12-10-2001]
Unless otherwise indicated, any violation of any provision of
this chapter shall constitute a Class 4 misdemeanor.
