[Code 1991, § 4-1; Ord. No. 06-27, 9-12-2006; Ord. No. 12-20, 9-11-2012; Ord. No. 12-21, 9-11-2012]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
To desert, forsake, or absolutely give up an animal without
having secured another owner or custodian for the animal or by failing
to provide the elements of basic care as set forth in Code of Virginia,
§ 3.2-6503, for a period of five consecutive days.
The responsible practice of good animal husbandry, handling,
production, management, confinement, feeding, watering, protection,
shelter, transportation, treatment, and, when necessary, euthanasia,
appropriate for the age, species, condition, size and type of the
animal, and the provision of veterinary care when needed to prevent
suffering or impairment of health.
The opportunity for the animal to move sufficiently to maintain
normal muscle tone and mass for the age, species, size, and condition
of the animal.
Access to and the provision of food which is of sufficient
quantity and nutritive value to maintain each animal in good health;
is accessible to each animal; is prepared so as to permit ease of
consumption for the age, species, condition, size and type of each
animal; is provided in a clean and sanitary manner; is placed so as
to minimize contamination by excrement and pests; and is provided
at suitable intervals for the species, age, and condition of the animal,
but at least once daily, except as prescribed by a veterinarian or
as dictated by naturally occurring states of hibernation or fasting
normal for the species.
Provision of and access to shelter that is suitable for the
species, age, condition, size, and type of each animal; provides adequate
space for each animal; is safe and protects each animal from injury,
rain, sleet, snow, hail, direct sunlight, the adverse effects of heat
or cold, physical suffering, and impairment of health; is properly
lighted; is properly cleaned; enables each animal to be clean and
dry, except when detrimental to the species; and, for dogs and cats,
provides a solid surface, resting platform, pad, floormat, or similar
device that is large enough for the animal to lie on in a normal manner
and can be maintained in a sanitary manner. Under this chapter, shelters
whose wire, grid, or slat floors permit the animals' feet to pass
through the openings, or sag under the animals' weight, or otherwise
do not protect the animals' feet or toes from injury, are not adequate
shelter.
Sufficient space to allow each animal to easily stand, sit,
lie, turn about, and make all other normal body movements in a comfortable,
normal position for the animal and interact safely with other animals
in the enclosure. When an animal is tethered, adequate space means
a tether that permits such actions and is appropriate to the age and
size of the animal; is attached to the animal by a properly applied
collar, halter, or harness configured so as to protect the animal
from injury and prevent the animal or tether from becoming entangled
with other objects or animals, or from extending over an object or
edge that could result in the strangulation or injury of the animal;
and is at least three times the length of the animal, as measured
from the tip of its nose to the base of its tail, except when the
animal is being walked on a leash or is attached by a tether to a
lead line. When freedom of movement would endanger the animal, temporarily
and appropriately restricting movement of the animal according to
professionally accepted standards for the species is considered provision
of adequate space.
Provision of and access to clean, fresh, potable water of
a drinkable temperature which is provided in a suitable manner, in
sufficient volume, and at suitable intervals, but at least once every
12 hours, to maintain normal hydration for the age, species, condition,
size and type of each animal, except as prescribed by a veterinarian
or as dictated by naturally occurring states of hibernation or fasting
normal for the species; and is provided in clean, durable receptacles
which are accessible to each animal and are placed so as to minimize
contamination of the water by excrement and pests; or an alternative
source of hydration consistent with generally accepted husbandry practices.
The transfer of ownership of a dog or cat from a releasing
agency to an individual.
All livestock and poultry.
The temperature surrounding the animal.
Any nonhuman vertebrate species except fish. For the purposes of Article IV of this chapter, the term "animal" means any species susceptible to rabies. For the purposes of § 14-153, the term "animal" means any nonhuman vertebrate species, including fish, except those fish captured and killed or disposed of in a reasonable and customary manner.
A person appointed as an animal control officer or deputy
animal control officer as provided in Code of Virginia, § 3.2-6555.
A facility which is used to house or contain animals and
which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty
to animals, or animal rescue group, or any other organization devoted
to the welfare, protection, and humane treatment of animals.
The state board of agriculture and consumer services.
A place or establishment other than a pound or animal shelter
where companion animals not owned by the proprietor are sheltered,
fed, and watered in exchange for a fee.
A domestic egg-laying hen belonging to the subspecies gallus
domesticus, and does not refer to any other type of fowl or game bird.
A well-fitted device, appropriate to the age and size of
the animal, attached to the animal's neck in such a way as to prevent
trauma or injury to the animal.
Any domestic or feral dog, domestic or feral cat, nonhuman
primate, guinea pig, hamster, rabbit not raised for human food or
fiber, exotic or native animal, reptile, or 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.
Any natural person purchasing an animal from a dealer or
pet shop or hiring the services of a boarding establishment. The term
"consumer" shall not include a business or corporation engaged in
sales or services.
Any person who in the regular course of business for compensation
or profit buys, sells, transfers, exchanges, or barters companion
animals. Any person who transports companion animals in the regular
course of business as a common carrier shall not be considered a dealer.
Any clear and imminent danger to an animal's health, safety
or life.
Veterinary treatment to stabilize a life-threatening condition,
alleviate suffering, prevent further disease transmission, or prevent
further disease progression.
A structure used to house or restrict animals from running
at large.
The humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death or
by a method that involves anesthesia, produced by an agent which causes
painless loss of consciousness, and death during such loss of consciousness.
Any person who has animals for or on public display, excluding
an exhibitor licensed by the United States Department of Agriculture.
Any person who, for a fee, cleans, trims, brushes, makes
neat, manicures, or treats for external parasites any animal.
A certified European honeybee, otherwise known by the species
name Apis mellifera.
Any room, building, or area used to contain a primary enclosure.
Any action taken in consideration of and with the intent
to provide for the animal's health and well-being.
A person who has been appointed by a circuit court as a humane
investigator as provided in Code of Virginia, § 3.2-6558.
Any chartered, nonprofit organization incorporated under
the laws of the commonwealth and organized for the purpose of preventing
cruelty to animals and promoting humane care and treatment of animals.
Any establishment in which five or more canines, felines,
or hybrids of either are kept for the purpose of breeding, hunting,
training, renting, buying, boarding, selling or showing, or in which
five or more canines over four months of age are kept for any purpose.
Includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cervidae animals; capradae
animals; animals of the genus Lama; ratites; fish or shellfish in
aquaculture facilities, as defined in Code of Virginia, § 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber;
or any other individual animal specifically raised for food or fiber,
except companion animals.
An individual who is legally competent to enter into a binding
agreement pursuant to Code of Virginia, § 3.2-6574, and
who adopts or receives a dog or cat from a releasing agency.
Includes all other persons employed or elected by the people
of the state, or by any municipality, county, or incorporated town
thereof, whose duty it is to preserve the peace, to make arrests,
or to enforce the law.
Any person who:
An establishment where companion animals are bought, sold,
exchanged, or offered for sale or exchange to the general public.
Includes all domestic fowl and game birds raised in captivity.
A facility operated for the purpose of impounding or harboring
seized, stray, homeless, abandoned, or unwanted animals; or a facility
operated for the same purpose under a contract with the City.
Any structure used to immediately restrict an animal to a
limited amount of space, such as a room, pen, cage, compartment, or
hutch. For tethered animals, the term includes the shelter and the
area within reach of the tether.
That carcasses, debris, food waste and excrement are removed
from the primary enclosure with sufficient frequency to minimize the
animals' contact with such contaminants; the primary enclosure is
sanitized with sufficient frequency to minimize odors and the hazards
of disease; and the primary enclosure is cleaned so as to prevent
the animals confined therein from being directly or indirectly sprayed
with the stream of water, or directly or indirectly exposed to hazardous
chemicals or disinfectants.
Sufficient illumination to permit routine inspections, maintenance,
cleaning, and housekeeping of the housing facility, and observation
of the animal; to provide regular diurnal lighting cycles of either
natural or artificial light, uniformly diffused throughout the animal
facilities; and to promote the well-being of the animals.
A pound, animal shelter, humane society, animal welfare society,
society for the prevention of cruelty to animals, or other similar
entity that releases a dog or cat for adoption pursuant to Code of
Virginia, § 3.2-6574.
Any place, laboratory, or institution licensed by the U.S.
Department of Agriculture at which scientific tests, experiments,
or investigations involving the use of living animals are carried
out, conducted, or attempted.
To make physically clean and to remove and destroy, to a
practical minimum, agents injurious to health.
The veterinarian employed by the State Commissioner of Agriculture
and Consumer Services as provided in Code of Virginia, § 3.2-5901.
An employee of the State Department of Agriculture and Consumer
Services who is under the direction of the state veterinarian.
A surgical or chemical procedure performed by a licensed
veterinarian that renders a dog or cat permanently incapable of reproducing.
Includes the City Treasurer and his assistants or other officer
designated by the City Council to collect taxes.
The responsible handling or transportation of animals in
the person's ownership, custody or charge, appropriate for the age,
species, condition, size and type of the animal.
Treatment by or on the order of a duly licensed veterinarian.
That an animal is capable of and physiologically accustomed
to ingestion of solid food or food customary for the adult of the
species, and has ingested such food, without nursing, for a period
of at least five days.
[Code 1991, § 4-2]
A.Â
The City Manager shall promulgate rules and regulations implementing
the provisions of this chapter, including the establishment of fees
for the redemption, adoption, and destruction of animals. Such regulations
shall be published in the administrative manual and copies made available
for public inspection at the pound and at the Police Department.
B.Â
The City Manager may, with the approval of City Council, enter into
contracts for the provision of all services associated with the shelter
and impoundment of animals pursuant to this chapter. All fees and
charges set forth in such contracts shall be enforceable by the Chief
of Police.
[Code 1991, § 4-3]
A.Â
An animal shelter may, in accordance with the provisions of Code
of Virginia, § 3.2-6546, confine and dispose of:
(1)Â
Dogs running at large without the tag required by Code of Virginia,
§ 3.2-6531, or in violation of an ordinance adopted pursuant
to Code of Virginia, § 3.2-6538, or Code of Virginia, § 3.2-6544;
(2)Â
Dogs four months old or older not licensed in violation of Code of
Virginia, § 3.2-6524; or
(3)Â
Cats in violation of an ordinance adopted pursuant to Code of Virginia,
§ 3.2-6524, or Code of Virginia, § 3.2-6544.
B.Â
The state veterinarian or his designee shall inspect an animal shelter
prior to the shelter confining or disposing of animals pursuant to
this section.
C.Â
An animal shelter that confines and disposes of animals pursuant
to this section shall be open to the public during reasonable business
hours and shall have its telephone number and address listed in a
telephone Directory. No animal shelter that confines or disposes of
an animal pursuant to this section shall be operated in a residential
dwelling or in violation of any local zoning ordinance.
D.Â
The operator of an animal shelter that confines an animal pursuant
to this section shall, within 24 hours of the shelter receiving the
animal, transmit the records required by Code of Virginia, § 3.2-6546,
and a photograph of the animal to the pound where the animal shelter
is located and to the pound where the animal was found.
E.Â
An animal shelter that confines and disposes of animals pursuant
to this section shall be operated in accordance with regulations issued
by the board. If this chapter or such regulations are violated, the
animal shelter may be assessed a civil penalty by the board or its
designee in an amount that does not exceed $1,000 per violation. Each
day of the violation shall constitute a separate offense. In determining
the amount of any civil penalty, the board or its designee shall consider
the history of previous violations at the animal shelter; whether
the violation has caused injury to, death or suffering of an animal;
and the demonstrated good faith of the animal shelter to achieve compliance
after notification of the violation. All civil penalties assessed
under this section shall be recovered in a civil action.
