Mathews County, VA Article VI Wild, Exotic, Venomous or Poisonous Animals

[Adopted 10-28-2014]

§ 6-41 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

As defined in § 6-11 of this chapter.

EMERGENCY SITUATION

Whenever a law-enforcement officer, the Animal Control Officer, or his designee, has probable cause to believe any wild, exotic, venomous or poisonous animal is being housed, kept or confined in Mathews County and has probable cause to believe:

A. The owner/custodian of said animal does not have, or is not properly maintaining, a secure pen, cage, or enclosure as required by this article; or

B. Other conditions exist, such as but not limited to:

(1) Lack of supervision or maintenance by owner/custodian, that could cause said animal to not be properly confined or could cause the escape of said animal;

(2) The likelihood that within 72 hours of flooding, high winds, or fire could cause said animal to not be properly confined or could cause the escape of said animal; or

(3) The owner/custodian of said animal is in violation of this article and the actions of the owner/custodian, or inaction of the owner/custodian, presents a danger to public safety.

EXOTIC ANIMAL

Any live monkey (non-human primate), raccoon, skunk, wolf, wolf-canine hybrid, squirrel, fox, nondomesticated porcine, leopard, tiger, lion, panther; any type of hybrid of a warm-blooded animal, which can normally be found in the wild, that has been bred with any type of domesticated or companion animal; nonvenomous reptiles six feet or longer in length which can normally be found in the wild; all constrictor-type snakes; any member of the crocodilian family, including, but not limited to, alligators, crocodiles, caimans, and gavials; or any other animal that would require a standard of care and control greater than that required for domestic farm animals or for customary household pets sold by commercial pet shops.

LOCAL EXOTIC ANIMAL PERMIT

The permit required by this article in order to keep or exhibit or permit to be kept or exhibited upon any property within Mathews County, Virginia, any wild, exotic, venomous or poisonous animal.

VENOMOUS ANIMAL or POISONOUS ANIMAL

Any animal, fowl, reptile or amphibian that causes injury, illness, or death by chemical means.

WILD ANIMAL

Any warm-blooded animal that can normally be found undomesticated and in their natural habitat. This includes hybrid animals, which are created by breeding animals of different species but the same genus.

§ 6-42 Keeping of wild, exotic, venomous or poisonous animals.

A. It shall be unlawful for any person to keep or exhibit or permit to be kept or exhibited upon any property within the County limits any wild, exotic, venomous or poisonous animal without a local exotic animal permit issued by the Animal Control Officer. In no case, however, shall any wild, exotic, venomous or poisonous animal(s) be exhibited, displayed, or kept in such a manner so as to permit said animal(s) to escape, be at large or pose a safety risk to the public. The Animal Control Officer shall place restrictions and limitations in the local exotic animal permit that, in the sole discretion of the Animal Control Officer, are necessary to ensure public safety. Such restrictions and limitations may include, but shall not be limited to, said animal shall not come in direct physical contact with any person other than the owner/custodian, or said animal shall not come in direct physical contact with any person, unless said animal is under the direct care and control of said owner/custodian. The Animal Control Officer shall approve and inspect the design and construction requirements of the pen, cage or enclosure for any wild, exotic, venomous or poisonous animal and shall determine the type of lock required.

(1) The provisions of this article shall not apply to:

(a) Institutions accredited by the American Zoo and Aquarium Association (AZA).

(b) Registered nonprofit humane societies.

(c) Animal Control Officers or law enforcement officers acting under the authority of this article.

(d) Any licensed veterinary hospitals or clinics.

(e) Any wildlife rehabilitator licensed by the state.

(f) Any licensed or accredited research or medical institution.

(g) Any licensed or accredited educational institution.

(h) A person temporarily transporting a wild, exotic, venomous or poisonous animal through the County if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the wild, exotic, venomous or poisonous animal from escaping.

(i) Ferrets and birds which are normally purchased through pet stores, nonpoisonous reptiles less than six feet in length, turtles, domestic rabbits and domestic rodents.

B. The owner/custodian of any wild, exotic, venomous or poisonous animal shall apply to the Animal Control Officer for a local exotic animal permit authorizing the keeping of said animal within the County limits, within 10 working days prior to said animal being brought within the County limits, or the exhibition of said animal within the County. Each applicant for a local exotic animal permit shall by affidavit and/or supporting written documentation provide the following:

(1) Name and street address of each owner(s)/custodian(s), 18 years of age or older;

(2) Location of animal(s) storage facility;

(3) The common and scientific name of the subject animal(s);

(4) The date of acquisition of each animal;

(5) The source of acquisition of each animal;

(6) The sex, age, height and/or length of each animal;

(7) Any identifying marks or numbers unique to each animal. One or more digital photographs of each animal, as determined by the Animal Control Officer.

(8) A statement of understanding signed by the owner(s)/custodian(s) concerning human exposures in relation to the current state and local laws involving rabies control;

(9) Verifiable documentation the animal was brought into the country legally. Verification that the animal was purchased from a reputable dealer or pet store may constitute sufficient proof. The Animal Control Officer has final authority in determining what constitutes sufficient proof.

(10) A current veterinarian's certificate the animal is disease free.

(11) The current phone number and mailing address of owner(s)/custodian(s). The current street address of owner(s)/custodian(s) and animal(s), if storage location differs from residence of owner(s)/custodian(s).

(12) At least one emergency phone number where owner(s)/custodian(s) can be contacted in case of emergency.

(13) Proof the owner/custodian has a secure pen, cage or enclosure of sufficient size and strength to provide adequate shelter for the animal, to reasonably protect the public and to prevent the escape of the animal.

(14) Where required by § 29.1-542 of the Code of Virginia, 1950, as amended, a copy of the special permit from the Virginia Department of Game and Inland Fisheries.

C. The local exotic animal permit shall not be transferable and shall be valid through December 31 of the year of issue and shall be renewed by January 31 of each subsequent year. Local exotic animal permits for temporary exhibit shall be valid for the time period specified in the permit. One local exotic animal permit per address shall be required within the County of Mathews. On the local exotic animal permit shall be listed each animal held within the County limits as identified in Subsection B. The County of Mathews local exotic animal permit shall be required in addition to any required federal or state permits.

(1) Information supplied on such permits shall be provided to relevant County departments as notification for public health and safety purposes.

(2) No local exotic animal permit shall be issued by the Mathews Department of Animal Control unless all required special permits from the Virginia Department of Game and Inland Fisheries for wolves, coyotes or birds or animals otherwise classified by the Commission as predatory or undesirable have been obtained by the owner or custodian of the animal. It shall be the responsibility of the owner or custodian of the animal to provide a valid copy of the special permit to the Animal Control Department at the time the request for local exotic animal permit is made.

(3) The local exotic animal permit shall specify the requirements for the secure pen, cage or enclosure for each animal and shall specify the requirements and limitations for the handling and display of each animal. Said permit shall be signed by each owner and custodian.

(4) The pen, cage or enclosure, whether permanent or used for transporting any wild, exotic, venomous or poisonous animal, shall be designed to be escapeproof and biteproof and shall have an operable lock. Said pen, cage or enclosure housing a venomous or poisonous animal shall be clearly and visibly labeled "Venomous Animal Inside" with the scientific name, common name, number of specimens, appropriate anti-venom and owner's identifying information noted on the enclosure. A written bite protocol that includes emergency contact information, local animal control office, the name and location of suitable anti-venom, first aid procedures and treatment guidelines, as well as, an escape recovery plan must be within sight of permanent housing and a copy must accompany the transport of any venomous or poisonous animal. The permit may also impose similar requirements for the pen, cage or enclosure housing a wild or exotic animal.

(5) Amending of permit.

(a) The owner/custodian shall apply to the Animal Control Officer to amend said permit at least 10 working days prior to:

[1] Changing the name of an owner or custodian of any animal;

[2] Changing the physical address within the County where any wild, exotic, venomous or poisonous animal shall be located;

[3] Replacing or modifying the secure pen, cage or enclosure for any animal; or

[4] Changing the handling and display requirements of any animal, as specified in the current local exotic animal permit.

(b) Said application to amend a local exotic animal permit shall be on the form provided by the Animal Control Officer. Any amendment to a local exotic animal permit shall be approved, in writing, by the Animal Control Officer prior to the amendment being enacted.

(6) If any wild, exotic, venomous or poisonous animal, subject to this article, gives birth to a wild, exotic, venomous or poisonous animal, the owner/custodian of said animal shall notify the Animal Control Officer by e-mail or telephone within 72 hours of the birth of said wild, exotic, venomous or poisonous animal and shall notify the Animal Control Officer, in writing on a form provided by the Animal Control Officer, within 10 days after the birth of said animal. Until an amended local exotic animal permit is obtained, the owner/custodian shall keep said animal in a pen, cage or enclosure of sufficient size and strength to provide adequate shelter for the animal, to reasonably protect the public and to prevent the escape of the animal.

D. Prohibited acts.

(1) It shall be unlawful:

(a) To release or abandon, or permit to be released or abandoned, any wild, exotic, venomous or poisonous animal(s) in Mathews County or the waters around Mathews County;

(b) To violate the conditions set forth in the local exotic animal permit regarding the requirements for the secure pen, cage or enclosure for each animal;

(c) To violate the conditions set forth in the local exotic animal permit regarding the requirements for the handling and display of each animal;

(d) For any person to handle any wild, exotic, venomous or poisonous animal, regulated under this article, in a manner that intentionally or negligently exposes another person to unsafe contact with said animal or to intentionally or negligently suggest, entice, invite, challenge, intimidate, exhort or otherwise induce or aid any person to handle or expose himself or another person in an unsafe manner to any such animal;

(e) For the owner or possessor of any wild, exotic, venomous or poisonous animal, subject to this article, to fail to immediately notify local law enforcement in the event of the escape of said animal.

(2) A violation of this subsection shall constitute a Class 1 misdemeanor, as provided in § 18.2-11 of the Code of Virginia, 1950, as amended, for each said animal. Safe and responsible handling of wild, exotic, venomous or poisonous animals for the purposes of animal husbandry, exhibition, training, and education is permitted.

E. The initial fee to cover the cost of the local exotic animal permit issuance shall be $25 per address. A charge of $15 shall be collected for annual local exotic animal permit renewal.

F. It shall be unlawful for any person to furnish false information for the purpose of obtaining a local exotic animal permit pursuant to Subsection B. Any local exotic animal permit obtained under fraudulent pretenses shall be null and void with any animals named thereon subject to impoundment by an Animal Control Officer pending a determination by a court of competent jurisdiction as to the appropriate disposition of said animal(s). Upon redemption or forfeiture of the animal, the owner shall reimburse the County of Mathews for the full cost of impoundment and/or boarding, plus any additional cost for medical care or treatment.

G. Any person applying for a local exotic animal permit shall provide evidence of surety bond or liability insurance or bond in the amount of $50,000, which covers incidences or occurrences involving the wild, exotic, venomous or poisonous animals.

H. The Animal Control Officer or his designee may reject an application for a local exotic animal permit, renewal of a local exotic animal permit, or the amendment of a local exotic animal permit for any of the following reasons:

(1) Failure to comply with or supply any information required in Subsection B;

(2) Falsification of any information required in Subsection B;

(3) Previous or current violations of any provision of this article;

(4) Previous or current violations of any local, state, or federal law relating to animals; or

(5) The history or demonstration of a vicious or dangerous nature of an animal.

I. The Animal Control Officer or his designee may revoke a local exotic animal permit and impound the animals for any of the following reasons:

(1) Failure to comply with the terms of this article;

(2) Falsification of any information required in Subsection B; or

(3) Violation of any local, state or federal law applicable to animals.

J. The permittee shall post a placard provided by the Animal Control Officer in an area of public view on any premises, building or structure where the wild, exotic, venomous or poisonous animal is kept or housed. Failure to pose the placard shall be a violation of this section.

K. The owner/custodian of any wild, exotic, venomous or poisonous animal shall notify the Animal Control Officer, in writing on a form provided by the Animal Control Officer, at least 10 working days prior to the removal of said animal from Mathews County for a period of more than 30 continuous calendar days. The owner/custodian of any wild, exotic, venomous or poisonous animal shall notify the Animal Control Officer by e-mail or telephone within 24 hours of the death of said animal and allow the Animal Control Officer to immediately inspect the deceased animal or otherwise document the death of said animal, as instructed by the Animal Control Officer.

L. By signing the local exotic animal permit the owner/custodian does consent to inspection by a law-enforcement officer, the Animal Control Officer, or his designee, of the premises listed in the permit where any wild, exotic, venomous or poisonous animal is located between the hours of 9:00 a.m. and 6:00 p.m., for the purpose of ensuring compliance with this article, and inspection by the Animal Control Officer, or his designee, at any time, of the premises where any wild, exotic, venomous or poisonous animal is located, whenever there is an emergency situation.

(1) When an affidavit is made under oath before a magistrate or court of competent jurisdiction by any Animal Control Officer or law-enforcement officer that the complainant believes and has reasonable cause to believe that this article has been, is being, or is about to be violated in any particular building or place, such magistrate or judge, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff, or police officer to search the building or place. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by § 19.2-54 of the Code of Virginia. After executing the warrant, the Animal Control Officer or law-enforcement officer shall return the warrant to the clerk of the circuit court of the city or County wherein the search was made.

M. Any law-enforcement officer or Animal Control Officer may lawfully seize and impound any wild, exotic, venomous or poisonous animal that is being, or has been, housed, kept or confined in Mathews County in violation of this article. The law-enforcement officer or Animal Control Officer may impound said wild, exotic, venomous or poisonous animal on the land where the animal is located, or at another location within, or outside of, Mathews County as deemed appropriate by said officer.

(1) Upon seizing or impounding an animal, the law-enforcement officer or Animal Control Officer shall petition the Mathews County General District Court for a hearing. The hearing shall be not more than 20 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been housed, kept or confined in Mathews County in violation of this article.

(2) The law-enforcement officer or Animal Control Officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the Mathews County, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of Mathews County, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known the law-enforcement officer or Animal Control Officer shall cause to be published in a newspaper of general circulation in Mathews County notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the Mathews County courthouse wherein such hearing shall be held.

(3) 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. Mathews County shall be required to prove its case beyond a reasonable doubt.

(4) The law-enforcement officer or Animal Control Officer shall provide for such animal until the court has concluded the hearing. The owner of any animal held pursuant to this subsection for more than 10 days shall post a bond in surety with Mathews County for the amount of the cost of boarding the animal for a period of time not to exceed nine months.

(5) If the court determines that the animal has not been housed, kept or confined in Mathews County in violation of this article, the animal shall be returned to the owner or custodian. If the court determines that the animal has been housed, kept or confined in Mathews County in violation of this article, then the court shall order that the animal may be:

(a) Forfeited by the owner and sold, disposed of, or euthanized by, or at the direction of, Mathews County as it determines appropriate; or

(b) Delivered to the person with a right of property in the animal, if the court finds that the violation of this article is not attributable to the actions or inactions of such person.

(6) The court shall order the owner of any animal determined to have been housed, kept or confined in Mathews County in violation of this article to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this article.

(7) The court may prohibit the possession or ownership of other wild, exotic, venomous or poisonous animals by the owner and/or custodian of any wild, exotic, venomous or poisonous animal found to have been housed, kept or confined in Mathews County in violation of this article. Any person who is prohibited from owning or possessing wild, exotic, venomous or poisonous animals, by the court may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist. A violation of this subsection shall constitute a Class 1 misdemeanor, as provided in § 18.2-11 of the Code of Virginia, 1950, as amended, for each said animal.

(8) When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund.

(9) Nothing in this article shall be construed to prohibit the humane destruction of a critically injured or ill wild, exotic, venomous or poisonous animal for humane purposes by the impounding law-enforcement officer, Animal Control Officer, or licensed veterinarian.

N. Any violation of this article for which a specific penalty is not provided shall constitute a Class 4 misdemeanor, as provided in § 18.2-11 of the Code of Virginia, 1950, except, however, any second or subsequent violation of this article, occurring 10 calendar days or more after a prior violation of this article, for which a specific penalty is not provided shall constitute a Class 1 misdemeanor, as provided in § 18.2-11 of the Code of Virginia, 1950.