[Ord. of 12-10-2001]
A pound or pounds for dogs and cats shall be established and maintained in the City in accordance with regulations issued by the board and shall be accessible to the public at reasonable hours during the week.
[Ord. of 12-10-2001; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
(a) 
It shall be unlawful for the owner of a dog or cat to permit such animal to run at large within the City.
(b) 
It shall be the duty of the animal control officer or other officer who may find any dog or cat that is running at large to forthwith take such animal into custody and impound the same in the City pound for a period not less than five business days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner.
(c) 
All drugs and drug administering equipment used by animal control officers or other officers to capture dogs or cats pursuant to this article shall have been approved by the State Veterinarian.
(d) 
The animal control officer or other person operating the City pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, tattoo or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five business days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the animal control officer or other person operating the City pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement.
(e) 
The owner may, upon proof of ownership and upon payment to the Treasurer of the sum of $10 for the first 24 hours or portion thereof and the sum of $5 for each succeeding day or fraction thereof, obtain release of the animal from the pound. If, at the conclusion of either waiting period set forth above, such animal shall not have been claimed, it shall be deemed abandoned and shall become property of the City.
(f) 
If such abandoned animal did not, when delivered to the pound, bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by:
(1) 
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, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days;
(2) 
Delivery to any humane society or animal shelter within the commonwealth;
(3) 
Adoption by any person who will pay the required license fee, if any, on such animal, a $10 adoption fee and agree, if the animal is not already sterilized, to have the animal sterilized by a licensed veterinarian (i) within 30 days of the adoption or (ii) within 30 days after the animal reaches six months of age, if the animal is not sexually mature at the time of adoption. Upon proof of sterilization within either such time period, the person adopting the animal shall be entitled to a refund of the adoption fee; or
(4) 
Delivery, for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter (i) maintains records which would comply with Virginia Code, § 3.1-796.105; (ii) requires that adopted dogs and cats be sterilized; and (iii) has been approved by the State Veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia.
(5) 
No animal shall be given to a person or institution for the purposes of research or experiment.
(g) 
If such abandoned animal, when delivered to the pound, bore a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by the methods described in Subdivision (2) or (3) of Subsection (f) hereinabove.
(h) 
The City pound shall not deliver more than two animals or a family of animals during any thirty-day period to any one person under Subdivision (3) of Subsection (f) hereinabove.
(i) 
Nothing in this section shall prohibit the immediate destruction of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal destroyed pursuant to the provisions of this article shall be euthanized by one of the methods prescribed or approved by the State Veterinarian and shall be cremated, buried, or otherwise sanitarily disposed of.
(j) 
Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal as required by Virginia Code, § 3.1-796.105. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the facility.
(k) 
For purposes of this section:
ANIMAL
Shall not include agricultural animals.
HUMANE SOCIETY
When referring to an organization without the commonwealth, shall mean any nonprofit organization organized for the purpose of preventing cruelty to animals and promoting humane care and treatment or adoption of animals.
RIGHTFUL OWNER
A person with a right of property in the animal.
[Ord. of 12-10-2001]
(a) 
Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a City magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before the City of Franklin General District Court at a specified time. The summons shall advise the owner or custodian of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal 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. 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 article. 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 Code of Virginia, § 3.1-796.119.
(b) 
No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. 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 (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) 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, which 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 which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.
(c) 
The owner of any animal found to be a dangerous dog shall, within 10 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee of $50 in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag which 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 subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.
(d) 
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, and (ii) 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:
(1) 
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
(2) 
The animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.
(e) 
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.
(f) 
If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian of the minor shall be responsible for complying with all requirements of this section.
(g) 
After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the animal control officer or other officer of the police department if the animal:
(1) 
Is loose or unconfined;
(2) 
Bites a person or attacks another animal;
(3) 
Is sold, given away, or dies; or
(4) 
Has been moved to a different address.
(h) 
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 that the animal has been neutered or spayed.
(i) 
All fees collected pursuant to this chapter, less the costs incurred in producing and distributing the certificates and tags, shall be paid into a special dedicated fund in the City treasury for the purpose of paying the expenses of any training course required under Virginia Code, § 3.1-796.104:1.
(j) 
The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of the chapter shall be guilty of a Class 1 misdemeanor.
[Ord. of 12-10-2001]
(a) 
It shall be unlawful for any owner, custodian or other person in control of a dog or cat to allow such dog or cat to defecate on public property, except that defecation by a dog or cat on public property shall not constitute a violation of this section if such person immediately removes the material defecated and disposes of it in a sanitary manner.
(b) 
It shall be unlawful for any owner, custodian or other person in control of a dog or cat to knowingly or willfully allow such dog or cat to defecate on the private property of another without the consent of the owner or authorized agent of such property.
[Ord. of 12-10-2001]
(a) 
No more than six adult dogs and/or cats may be kept in or at one dwelling.
(b) 
Prior to March 31, 2002, any person owning or having custody of more than the allowable number of dogs or cats permitted in this section shall apply for licenses for each adult dog and cat and such person shall not be charged with a violation of this section for the period in which remain in the custody of such person. Only adult dogs or cats licensed by the owner or custodian prior to March 31, 2002, shall be allowed over the limits set forth in this section. Upon the death, loss or transfer of ownership of the licensed dogs or cats over the limits set forth herein, the owner or custodian is prohibited from owning more dogs or cats than allowed by this section.
(c) 
This section shall not apply to licensed veterinarians, pet shops, animal shelters, commercial boarding kennels, pounds, established rescue groups or kennels licensed under Article III of this chapter. Both commercial boarding kennels and kennels licensed under Article III of this chapter, established subsequent to the date of adoption of this chapter, must comply with any sections of the City Zoning Ordinance which governs the location thereof.
[Added 3-27-2023]
(a) 
It shall be unlawful to tether any unattended dog, whether or not the dog has been provided adequate space. For the purposes of this section, a dog is unattended if the owner is not outdoors and within eyesight of the dog.
(b) 
A violation of this section shall be punishable as a Class 4 misdemeanor.