[Code 1991, §§ 4-20 through 4-23(a); amended
in its entirety 11-22-2022 by Ord. No. 22-27]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A canine or hybrid canine, as defined in § 3.2-6581
of the Code of Virginia (1950), as amended.
An injury having a reasonable potential to cause death or
any injury other than a sprain or strain, including serious disfigurement,
serious impairment of health, or serious impairment of bodily function
and requiring significant medical attention.
A canine or canine crossbreed that has:
Killed a person;
Inflicted serious injury to a person; or
Continued to exhibit the behavior that resulted in a previous
finding by a court or, on or before July 1, 2006, by an animal control
officer as authorized by local ordinance, that it is a dangerous dog,
provided that its owner has been given notice of that finding.
A.
Any law-enforcement officer or animal control officer who (i) has
reason to believe that an animal is a dangerous dog and (ii) is located
in the jurisdiction where the animal resides or in the jurisdiction
where the act was committed may apply to a magistrate for the issuance
of a summons requiring the owner, if known, to appear before a general
district court at a specified time. The summons shall advise the owner
of the nature of the proceeding and the matters at issue.
B.
No law enforcement officer or animal control officer shall apply for a summons pursuant to Subsection A if, upon investigation, the officer finds (i) in the case of an injury to a companion animal that is a dog or cat, that no serious injury has occurred as a result of the attack or bite, that both animals are owned by the same person, or that the incident originated on the property of the attacking or biting dog's owner, or (ii) in the case of an injury to a person, that the injury caused by the dog upon the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. In determining whether serious injury to a companion animal that is a dog or cat has occurred, the officer may consult with a licensed veterinarian.
C.
A law enforcement officer or animal control officer who applies for a summons pursuant to Subsection A shall provide the owner with written notice of such application. For 30 days following such provision of written notice, the owner shall not dispose of the animal other than by surrender to the animal control officer or by euthanasia by a licensed veterinarian. Following such provision of written notice, an owner who elects to euthanize a dog that is the subject of a dangerous dog investigation shall provide documentation of such euthanasia to the animal control officer.
D.
If a law enforcement officer successfully makes an application for the issuance of a summons pursuant to Subsection A, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous.
E.
Following the issuance of a summons following an application pursuant to Subsection A, an animal control officer may confine the animal until the evidence is heard and a verdict rendered. If the animal control officer determines that the owner can confine the animal in a manner that protects the public safety, he may permit the owner to confine the animal until the evidence is heard and a verdict rendered. Upon being served with a summons for a dangerous dog, the owner shall not dispose of the animal, other than by euthanasia, until the case has been adjudicated. The court, through its contempt powers, may compel the owner of the animal to produce the animal and to provide documentation that it has been, or will be within three business days, implanted with electronic identification registered to the owner. The owner shall provide the registration information to the animal control officer.
F.
Nothing in this section shall prohibit an animal control officer
or law enforcement officer from securing a summons for a hearing to
determine whether a dog that is surrendered but not euthanized is
a dangerous dog.
G.
Unless good cause is determined by the court, the evidentiary hearing
pursuant to the dangerous dog summons shall be held not more than
30 days from the issuance of the summons. The procedure for appeal
and trial shall be the same as provided by law for misdemeanors. Trial
by jury shall be as provided in Article 4 (§ 19.2-260 et
seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The City
shall be required to prove its case beyond a reasonable doubt. The
court shall determine that the animal is a dangerous dog if the evidence
shows that it (i) killed a companion animal that is a dog or cat or
inflicted serious injury on a companion animal that is a dog or cat,
including a serious impairment of health or bodily function that requires
significant medical attention, a serious disfigurement, any injury
that has a reasonable potential to cause death, or any injury other
than a sprain or strain or (ii) directly caused serious injury to
a person, including laceration, broken bone, or substantial puncture
of skin by teeth. Unless good cause is determined by the court, the
appeal of a dangerous dog finding shall be heard within 30 days.
H.
If after hearing the evidence the court finds that the animal is
a dangerous dog, the court:
(1)
Shall order the animal's owner to comply with the provisions
of this article and §§ 3.2-6540.01, 3.2-6542, and 3.2-6542.1
of the Code of Virginia;
(2)
May order the owner of the animal to pay restitution for actual damages
to any person injured by the animal or whose companion animal was
injured or killed by the animal. Such order shall not preclude the
injured person from pursuing civil remedies, including damages that
accrue after the original finding that the animal is a dangerous dog;
and
(3)
May order the owner to pay all reasonable expenses incurred in caring
and providing for such dangerous dog from the time the animal is taken
into custody until such time as the animal is disposed of or returned
to the owner.
I.
If after hearing the evidence the court decides to defer further
proceedings without entering an adjudication that the animal is a
dangerous dog, it may do so, notwithstanding any other provision of
this section. A court that defers further proceedings shall place
specific conditions upon the owner of the dog, including the requirement
that the owner provide documentation that the dog has been, or will
be within three business days, implanted with electronic identification
registered to the owner. The registration information shall be provided
to the animal control officer. If the owner violates any of the conditions,
the court may enter an adjudication that the animal is a dangerous
dog and proceed as otherwise provided in this section. Upon fulfillment
of the conditions, the court shall dismiss the proceedings against
the animal and the owner without an adjudication that the animal is
a dangerous dog.
J.
No animal shall be found by the court to be a dangerous dog:
(1)
Solely because it is a particular breed;
(2)
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; (ii) committing at the time a willful trespass
upon the premises occupied by the animal's owner; 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;
(3)
If the animal is a police dog that was engaged in the performance
of its duties as such at the time of the act complained of;
(4)
If at the time of the acts complained of the animal was responding
to pain or injury or was protecting itself, its kennel, its offspring,
a person, or its owner's property;
(5)
As a result of killing or inflicting serious injury on a dog or cat
while engaged with its owner as part of lawful hunting or participating
in an organized, lawful dog handling event; or
(6)
If the court determines based on the totality of the evidence before
it, or for other good cause, that the dog is not dangerous or a threat
to the community.
A.
After an animal is found to be a dangerous dog pursuant to § 3.2-6540
of the Code of Virginia, the local animal control officer or treasurer
shall provide the owner with a uniformly designed tag that 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.
B.
The owner of any animal found by a court to be a dangerous dog shall,
within 30 days of such finding:
(1)
Complete a dangerous dog registration certificate under the direction
of the local animal control officer pursuant to § 3.2-6542
of the Code of Virginia, and pay to the City a fee of $150 in addition
to any other fees that may be authorized by law. No dangerous dog
registration certificate required to be obtained under this section
shall be issued to any person younger than 18 years of age.
(2)
Provide documentation that the animal has been neutered or spayed;
(3)
Provide documentation that the animal has been implanted with electronic
identification registered to the owner. The registration information
shall be provided to the animal control officer;
(4)
Present satisfactory evidence to the animal control officer of liability
insurance coverage, to the value of at least $100,000, that covers
animal bites. The owner may obtain and maintain a bond in surety to
the value of at least $100,000 in lieu of liability insurance; and
(5)
Post the residence where the animal is housed with clearly visible
signs warning both minors and adults of the presence of a dangerous
dog on the property. Such signs shall remain posted at all points
of entry to the home and yard as long as the animal remains on the
property.
C.
Any dangerous dog not confined inside a locked enclosure constructed pursuant to Subsection D shall be:
(1)
Confined inside the owner's residence; or
(2)
If outdoors, controlled by a physical leash employed by the responsible
adult owner and securely muzzled in a manner that does not cause injury
to the animal or interfere with the animal's vision or respiration
but prevents it from biting a person or another animal.
D.
Any owner of a dangerous dog who keeps the dog outdoors and not within
the immediate physical presence of its owner shall, within 30 days
of the finding that an animal is a dangerous dog, cause to be constructed
a secure, locked enclosure of sufficient height and design to prevent
escape by the animal or entry by or direct physical contact with any
person or other animal. While so confined within the structure, the
animal shall be provided for according to § 3.2-6503 of
the Code of Virginia.
E.
The owner of a dog found to be dangerous shall cause the local animal
control officer to be promptly notified of:
(1)
Any change in the manner of locating the owner or the dog at any
time;
(2)
Any transfer of ownership of the dog to a new owner, including the
name and address of the new owner;
(3)
Any instance in which the animal is loose or unconfined;
(4)
Any complaint or incident of attack or bite by the dog upon any person
or cat or dog;
(5)
Any claim made or lawsuit brought as a result of any attack; and
(6)
The escape, loss, or death of the dog.
F.
Unless for good cause shown, the owner of a dangerous dog shall notify
the animal control officer at least 10 days' prior to moving
or relocating the animal, and the officer shall update the dangerous
dog registry accordingly.
G.
Any dangerous dog not reclaimed by the owner from the animal control
officer within 10 days of notice to do so by such animal control officer
shall be considered abandoned and may be disposed of according to
the provisions of § 3.2-6546 of the Virginia Code.
H.
Any contract or agreement for the use of real property, including a recorded restrictive covenant, condominium instrument of a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), declaration of a common interest community as defined in § 54.1-2345 of the Virginia Code, or cooperative instrument of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), may prohibit the keeping of a dangerous dog or otherwise impose conditions that are more restrictive than those provided in Subsection B.
I.
The owner of a dog found to be dangerous shall maintain the liability insurance coverage or bond in surety required by Subsection B(4) as long as the owner owns the dangerous dog and shall submit a certificate of insurance or evidence of such bond to the animal control officer on an annual basis.
J.
By January 31 of each year, until such time as the dangerous dog
is deceased, all certificates obtained under this section shall be
updated and renewed for a fee of $85 and in the same manner as the
initial certificate was obtained. However, if the dangerous dog adjudication
occurred within 60 days of the end of the calendar year, the first
renewal shall be included in the initial registration at no additional
charge to the owner. Prior to the renewal date of a dangerous dog
registration each year, a local animal control officer shall conduct
an inspection of the dangerous dog and the premises on which it is
kept, and no certificate of renewal shall be issued without such inspection.
The animal control officer shall post registration information on
the Virginia Dangerous Dog Registry.
K.
All dangerous dog registration 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:
A.
Any releasing agency transferring or releasing for adoption within the commonwealth an animal found to be a dangerous dog pursuant to § 14-62 shall notify in writing the receiving party of the requirements of this article and Code of Virginia §§ 3.2-6540, 3.2-6540.01, 3.2-6540.03, and 3.2-6540.04.
B.
Any releasing agency transferring or releasing for adoption outside the commonwealth an animal found to be a dangerous dog pursuant to § 14-62 shall notify the appropriate animal control officer in the receiving jurisdiction that the animal has been so adjudicated.
C.
Any owner of an animal found to be a dangerous dog in another state
shall, upon bringing such animal to reside within the commonwealth,
notify the animal control officer of the jurisdiction in which the
owner resides that the animal has been so adjudicated.
A.
If an owner of an animal previously found to be a dangerous dog pursuant to § 14-62 is charged with a violation of § 14-62, 14-63, 14-64, or 14-67, or any parallel violations of the Code of Virginia, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered pursuant to § 14-62. Unless good cause is determined by the court, such evidentiary hearing shall be held within 30 days of the issuance of the summons. The court, through its contempt powers, may compel the owner of the animal to produce the animal.
B.
Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to 30 days to comply with the requirements of § 14-63, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local governing body pursuant to Virginia Code § 3.2-6562. The court may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner.
C.
Any owner of a dangerous dog who is charged with a violation pursuant to Subsection A and is found to have willfully failed to comply with the requirements of § 14-62, 14-63, 14-64, or 14-67, or any parallel violations of the Code of Virginia, is guilty of a Class 1 misdemeanor. The court may determine that a person convicted under this subsection shall be prohibited from owning, possessing, or residing on the same property with a dog.
If the owner of an animal found by a court to be a dangerous
dog is a minor, the custodial parent or legal guardian shall be responsible
for complying with all requirements of this article and §§ 3.2-6540.01,
3.2-6540.02, 3.2-6540.03, 3.2-6540.04, 3.2-6542, and 3.2-6542.1 of
the Code of Virginia.
A.
Any owner of an animal found to be a dangerous dog pursuant to § 14-62, when such finding arose out of a separate and distinct incident, is guilty of a:
B.
The provisions of Subsection A shall not apply to any animal that at the time of the act complained of was responding to pain or injury, was protecting itself, its kennel, its offspring, a person, or its owner's property, or was a police dog engaged in the performance of its duties at the time of the attack.
C.
The court may determine that a person convicted under this section
shall be prohibited from owning, possessing, or residing on the same
property with a dog.
A.
Any law enforcement officer or animal control officer who (i) has reason to believe that a canine or canine crossbreed is a vicious dog and (ii) is located in the jurisdiction where the vicious dog resides or in the jurisdiction where a vicious dog committed an act set forth in the definition in § 14-61 shall apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. Unless good cause is determined by the court, the evidentiary hearing shall be held not more than 30 days from the issuance of the summons. 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 vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.2-6562 of the Code of Virginia. The court, upon finding the animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or to the estate of any person killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such vicious dog from the time the animal is taken into custody until such time as the animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The City shall be required to prove its case beyond a reasonable doubt.
B.
No canine or canine crossbreed shall be found to be a vicious dog
solely because it is a particular breed, nor is the ownership of a
particular breed of canine or canine crossbreed prohibited. No animal
shall be found to be a 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 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 that was engaged in the performance of
its duties as such at the time of the acts complained of shall be
found to be a vicious dog. No animal that, at the time of the acts
complained of, was responding to pain or injury or was protecting
itself, its kennel, its offspring, a person, or its owner's or
custodian's property, shall be found to be a vicious dog.
All fees collected by the City pursuant to this article, less
the costs incurred by the animal control officer in producing and
distributing any certificate or tag required by this article and any
fees due to the Virginia Department of Agriculture and Consumer Services
for maintenance of the Virginia Dangerous Dog Registry, 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 Code
of Virginia § 3.2-6556.
