[Code 1991, § 4-50; Ord. No. 04-09, 3-23-2004; Ord. No. 06-27, 9-12-2006; amended 3-22-2016 by Ord. No. 16-11]
A.
It shall be unlawful for the owner or custodian of any dog or other
animal, except cats, to allow such dog or other animal to run at large
within the City at any time.
B.
For the purposes of this section, an animal is “running at
large” while roaming, running or self-hunting off the property
or premises of its owner or custodian and not under the immediate
control of the owner or custodian or his agent. “Property or
premises of its owner or custodian,” for purposes of this section,
does not mean residential or commercial common areas.
C.
This section does not apply to any person while engaged in law enforcement
or search and rescue activity; in a supervised formal obedience training
class or show; during formally sanctioned field trials; while engaged
in lawful hunting with a dog during open season; or during bona fide
hunting or field trial dog training.
D.
It shall be unlawful for the owner of an animal to place the animal
or allow it to be placed in the custody of any other person not physically
capable of maintaining effective control of the animal.
E.
A violation of this section is a Class 4 misdemeanor for the first
offense; provided, however, if the dog is a dangerous or vicious dog,
a violation of this section is a Class 1 misdemeanor. A second violation
of this section within one year of a conviction of the first violation
is a Class 2 misdemeanor; provided, however, if the dog is a dangerous
or vicious dog, a violation of this section is a Class 1 misdemeanor.
A third or subsequent violation of this section within two years of
conviction of the second or subsequent violation is a Class 1 misdemeanor.
[Code 1991, § 4-51; Ord. No. 05-14, 6-14-2005]
A.
It shall be unlawful for any person knowingly or willingly to allow
any dog under his control to defecate on City property, or on any
private property without the consent of the owner thereof or a person
having control of such property. It shall be a defense to a charge
under this section that the owner has removed the feces from such
property for proper disposal promptly after being deposited thereon.
B.
Any person convicted of a violation of this section shall be guilty
of a Class 4 misdemeanor. Each violation shall constitute a separate
offense, the price of each of which shall be $25.
[Code 1991, § 4-52; Ord. No. 11-07, 4-26-2011]
A.
Any person who (i) overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly or
unnecessarily beats, maims, mutilates, or kills any animal, whether
belonging to himself or another; or (ii) deprives any animal of necessary
food, drink, shelter or emergency veterinary treatment; or (iii) willfully
sets on foot, instigates, engages in, or in any way furthers any act
of cruelty to any animal; or (iv) carries or causes to be carried
in or upon any vehicle, vessel or otherwise any animal in a cruel,
brutal, or inhumane manner, so as to produce torture or unnecessary
suffering; or (v) causes any of the things described in this subsection,
or being the owner of such animal permits such acts to be done by
another, shall be guilty of a Class 1 misdemeanor.
B.
Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another; or (ii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in Clause (i) of this subsection; or (iii) causes any of the actions described in Clauses (i) and (ii) of this subsection, or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or Subsection A of this section, shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or Subsection A of this section resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or Subsection A of this section.
C.
Any person who confines an animal in the interior of an unattended
vehicle where the outside temperature is 70° or greater, and the
interior of the vehicle is not provided with conditioned air to maintain
an internal temperature of 80° F. or less, shall be guilty of
a Class 3 misdemeanor.
D.
Any person who confines an animal in the interior of an unattended
vehicle so as to cause the animal to suffer from heat stress, shall
be guilty of a Class 1 misdemeanor. The animal control officer or
other officer shall have the authority to remove any animal found
in an enclosed vehicle that appears to be suffering from heat stress.
The animal shall be provided immediate veterinary care. The animal
owner or custodian shall be responsible for all expenses incurred
during the removal of the animal or its subsequent treatment and impoundment.
E.
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.
F.
Nothing in this section shall be construed to prohibit the dehorning
of cattle.
G.
For the purposes of this section and Code of Virginia, §§ 3.2-6566,
3.2-6568, 3.2-6563, 3.2-6569, the word "animal" shall be construed
to include birds and fowl.
H.
This section shall not prohibit authorized wildlife management activities
or hunting, fishing or trapping as regulated under state law, including,
but not limited, to Code of Virginia, Title 29.1, or to farming activities
as provided under Code of Virginia, Title 3.2 or regulations promulgated
thereto.
I.
In addition to the penalties provided in Subsection A of this section, the court may, in its discretion, require any person convicted of a violation of Subsection A of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted.
J.
It is unlawful for any person to kill a domestic dog or cat for the
purpose of obtaining the hide, fur or pelt of the dog or cat. A violation
of this subsection shall constitute a Class 1 misdemeanor. A second
or subsequent violation of this subsection shall constitute a Class
6 felony.
[Code 1991, § 4-53]
It shall be unlawful for any person to keep or maintain any
animal in such a manner as to cause unsanitary conditions or offensive
odors extending beyond the boundary of the property where such animal
is kept or maintained.
[Ord. No. 06-27, 9-12-2006]
A.
Each owner shall provide for each of his companion animals:
(1)
Adequate feed;
(2)
Adequate water;
(3)
Adequate shelter that is properly cleaned;
(4)
Adequate space in the primary enclosure for the particular type of
animal depending upon its age, size, species, and weight;
(5)
Adequate exercise;
(6)
Adequate care, treatment and transportation; and
(7)
Veterinary care when needed or to prevent suffering or disease transmission.
B.
Violation of this section is a Class 4 misdemeanor.
[Ord. No. 06-27, 9-12-2006]
No person shall give away any live vertebrate animals as a prize
for or as an inducement to enter any contest, a game or other competition
or as an inducement to enter a place of amusement or offer such vertebrate
as an incentive to enter into any business agreement, whereby the
offer is for the purpose of attracting trade.
[Ord. No. 06-27, 9-12-2006; amended 3-22-2016 by Ord. No. 16-11]
A.
No owner or custodian shall fail to exercise proper care and control
of his or her dog to prevent it from becoming a public nuisance. Acts
deemed nuisances include but are not limited to:
(1)
Chasing
vehicles;
(2)
Trespassing
upon another’s property in such a manner as to damage property;
(3)
Attacking
domestic, companion, or exotic animals so as to cause injury or death,
unless the animal is trespassing upon the property on which the dog
is kept;
(4)
Habitually
running at large;
(5)
Three
or more convictions for running at large within two years; or
(6)
Excessive,
continuous, or untimely barking or molesting of passersby.
B.
Any person
owning or having possession or control of a dog suspected of being
a nuisance shall be proceeded against by warrant or summoned before
the general district court of the City to show cause why the dog should
not be confined, euthanized, removed or the nuisance otherwise abated.
C.
The animal
control officer, owner, or custodian shall confine the animal until
the court has made a final decision in the case. If the animal control
officer deems confinement necessary then the owner or custodian shall
be responsible for the impound fees.
D.
Upon proof
that such dog does constitute a public nuisance, the dog shall, by
order of the general district court, be confined, euthanized, removed,
or the nuisance shall be otherwise abated, as the court shall order.
No person shall fail to comply with such an order.
F.
This section
shall not apply to any person while engaged in law enforcement or
search and rescue activity; in a supervised formal obedience training
class or show; during formally sanctioned field trials; while engaged
in lawful hunting with a dog or dogs during open season; or during
bona fide hunting or field trial dog training.
G.
Enforcement. No person shall be charged with a violation of § 14-157A, unless the complainant appears before a magistrate and requests a summons or warrant be issued charging the violation; except that, when a violation is committed in the presence of an animal control officer, the officer may issue a summons and take other action as set forth in this section.
