County of York, VA
 
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Table of Contents
Table of Contents
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
[Ord. No. 03-19, 6-17-2003; Ord. No. 09-2, 2-17-2009]
(a) 
"Animal" means any nonhuman vertebrate species except fish. For purposes of Article IV of this chapter, animal means any species susceptible to rabies. For purposes of § 4-5, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
(b) 
"Animal yard" means a tract or parcel of land or part thereof, enhanced or not, used to contain or maintain livestock, or land upon which livestock is permitted to roam, free or tethered. The term "animal yard" shall include a pasture.
(c) 
The following terms are as defined in Code of Virginia § 3.2-6500:
(1) 
"Abandon"
(2) 
"Companion Animal"
(3) 
"Dump"
(4) 
"Kennel"
(5) 
"Livestock"
(6) 
"Other Officer"
(7) 
"Owners"
(8) 
"Poultry"
(9) 
"Sore"
(10) 
"Weaned"
(d) 
"Stable" means a structure constructed, designed or used for the sheltering or housing of livestock.
[Ord. No. 03-19, 6-17-2003; Ord. No. 04-17, 8-3-2004; Ord. No. 09-2, 2-17-2009]
(a) 
There is hereby created and established the position of animal control officer. The animal control officer shall be appointed by the board of supervisors. The board may appoint one or more deputy animal control officers to assist the animal control officer with enforcement of all County ordinances and state laws enacted for animal control and protection. The animal control officer and any deputy animal control officers shall have all authority granted to such officers by the Virginia Comprehensive Animal Care Laws, Chapter 65 of Title 3.2 of the Code of Virginia. The animal control officer and the deputy animal control officers shall be paid as the County board of supervisors shall prescribe.
(b) 
The animal control officer and deputy animal control officer shall have a knowledge of and shall enforce the provisions of this chapter and all ordinances of the County and laws of the state enacted for animal control and protection.
(c) 
Whenever the term "animal control officer" is used in this chapter, it shall mean the animal control officer appointed pursuant to this section or any duly appointed deputy animal control officer.
(d) 
Nothing in this section shall be construed to prevent the issuance of a warrant for any violation of this chapter based upon the complaint of any citizen or any law enforcement officer and upon a finding of probable cause by an officer authorized to issue arrest warrants generally.
(e) 
Every animal control officer and deputy animal control officers shall complete the following training: Within two years after appointment, a basic animal control course that has been approved by the State Veterinarian which shall include training in recognizing suspected child abuse and neglect and information on how complaints may be filed, and thereafter shall complete such additional training as may be required by the Code of Virginia.
[Ord. No. 00-1(R), 3-1-2000; Ord. No. 03-19, 6-17-2003]
It shall be unlawful for any person to cause or permit any animal or fowl owned or managed by, or under the control of, such person to trespass upon any land not owned or managed by, or not under the control of, such person, or to cause or permit any animal or fowl owned or managed by, or under the control of, such person to run at large upon any public highway within the County, whether such highway be enclosed by a fence or not. Any person who causes or permits any exotic or poisonous animal to run at large may be required to pay a fee to cover the actual cost in locating, capturing and/or otherwise disposing of the animal. Actual costs in locating, capturing and/or otherwise disposing of the animal include any medical costs incurred by any County employee who is injured and/or envenomed during the process of locating, capturing and/or otherwise disposing of the animal. For purposes of this section, "exotic animal" means any animals other than a companion animal, cattle, horses, sheep, goats, swine, enclosed domesticated rabbits or hares, domestic fowl and games birds raised in captivity.
[Ord. No. 03-19, 6-17-2003; Ord. No. 03-26, 8-5-2003; Ord. No. 09-2, 2-17-2009]
(a) 
Any person who:
(1) 
Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain, not connected with a bona fide scientific or medical experimentation, upon or cruelly or unnecessarily beats, maims, mutilates or kills, any animal, whether belonging to himself or another, or deprives any animal of necessary sustenance, food, drink or shelter, or emergency veterinary treatment; or
(2) 
Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sales, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; or
(3) 
Willfully sets on foot, instigates, engages in or in any way furthers any act of cruelty to any animal; or
(4) 
Carries or causes to be carried by any vehicle, vessel or otherwise any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or
(5) 
Causes any of the above things, or being the owner of such animal permits such acts to be done by another;
shall be guilty of a Class I misdemeanor.
(b) 
Nothing in this section shall be construed to prohibit the dehorning of cattle done in a reasonable and customary manner.
(c) 
In addition to the penalties provided in Subsection (a), the court may, in its discretion, require any person convicted of a violation 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.
(d) 
This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under the Code of Virginia, including Title 29.1, or to lawful farming activities.
(e) 
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 is a Class 1 misdemeanor. A second or subsequent violation may be prosecuted under state law as a Class 6 felony pursuant to Code of Virginia § 3.2-6570(E).
(f) 
Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
[Ord. No. 03-19, 6-17-2003; Ord. No. 09-2, 2-17-2009]
No person shall abandon or dump any animal. Violation of this section shall be punishable as a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to an approved animal shelter or other releasing agency.
[Ord. No. 03-19, 6-17-2003; Ord. No. 09-2, 2-17-2009]
(a) 
The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of the same. If, after notice, any owner fails to do so, the animal control officer or other officer shall bury or cremate the animal and the control officer or other officer may recover, on behalf of the County, the cost of this service.
(b) 
Any person, animal control officer or other officer euthanizing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.
(c) 
When the owner of any animal or grown fowl, other than companion animal, which has died knows of such death, such owner shall forthwith have its body cremated or buried, or request such service from an officer or other person designated for the purpose and, if he fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal or fowl so cremated or buried the actual cost of the cremation or burial, not to exceed $75, and of the owner of every such fowl so cremated or buried the actual cost of the cremation or burial, and a reasonable fee to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner.
[Ord. No. 03-19, 6-17-2003]
If any person casts any dead animal into a road or knowingly permits any dead animal to remain unburied upon his property when offensive to the public or having in custody any maimed, diseased, disabled or infirmed animal leaves it to lie or be in a street, road or public place, he shall be guilty of a Class 3 misdemeanor.