Highlighted below: 9 of 10 extracted standards and 1 of 1 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 14 - ANIMALS#

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Cross reference— Environment, ch. 26; traffic and vehicles, ch. 58.

State Law reference— Comprehensive animal laws, Code of Virginia, § 3.1-796.66 et seq.; offenses involving animals, Code of Virginia, §§ 3.1-796.128, 18.2-403.1 et seq.; inoculation of cats against rabies, Code of Virginia, § 15.1-28.5; cruelty to animals, Code of Virginia, § 15.1-29.1:1; regulation of animals by municipalities, Code of Virginia, § 15.1-870; diseased animals, dead animals, etc., Code of Virginia, §§ 18.2-323, 18.2-510; hunting near public schools and public parks, Code of Virginia, § 29.1-527; estrays, Code of Virginia, § 55-202 et seq.

Sec. 14-1. - Animal waste.#

It shall be unlawful for any owner or person in control of any animal to allow any animal to defecate on the property of other persons without their consent or that of the authorized agent or persons having control of the premises or on public property. Immediate removal and sanitary disposal of the defecated matter shall not constitute a violation of this section. The defecated matter shall be placed in a container and disposed of in a proper waste receptacle. A violation of this section shall constitute a class 3 misdemeanor.

(Ord. of 2-23-04)

Editor's note— An ordinance adopted Feb. 23, 2004, set out provisions intended for use as § 14-28. At the editor's discretion, these provisions have been included as § 14-1.

Sec. 14-25. - Number of dogs to be limited.#

(a) It shall be unlawful for any person to keep more than four dogs over four months of age or four cats over four months of age, or any combination of dogs and cats over four months of age to exceed four, in the town.§

(b) Any person who, on February 1, 2005, was lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with the law. However, it shall be unlawful for any such person to keep any dog or cat acquired after February 1, 2005, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section.

(c) Upon the death or other disposition of any dog or cat in excess of the number permitted under subsection (a) of this section, the owner shall not replace the dog or cat.

(d) The structure or building in which any dogs and cats are confined and the lot, compound or enclosure in which they are penned shall be kept in sanitary condition so as not to cause offensive odors or attract flies or other insects.

(e) This section shall not apply to licensed veterinarians, pet shops, or animal shelters.

(f) No dog house, pen or kennel shall be maintained closer than ten feet to any apartment house, residential condominium, hotel, restaurant, boarding house, retail food store, building used for school, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which said dogs are kept.§

(g) No person shall own, keep, have in his possession or harbor any dog which, by frequent or habitual howling, yelping or barking, shall cause a nuisance by creating a serious annoyance or disturbance to any individual or to the neighborhood.

(Ord. of 12-20-04(1); Ord. of 4-18-05(1))

Sec. 14-26. - Running at-large.#

Pursuant to Code of Virginia, § 3.2-6538, as amended, it shall be unlawful for all or any category of dogs to run at-large anywhere within the corporate limits of the town at any time during the year. For the purposes of this section, a dog shall be deemed to run at-large while roaming, running, or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at-large shall be deemed to have violated the provisions of this section. Any violation of this section shall be punishable as a class 4 misdemeanor [as defined by Code of Virginia, § 18.2-11, pursuant to Code of Virginia, § 3.2-6587(A)(9)].

(Code 1971, § 3-11; Ord. of 12-6-82; Ord. of 1-24-94; Ord. of 5-16-16(1))

Sec. 14-27. - Dangerous or vicious dogs.#

(a) As used in this section:

"Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

"Vicious dog" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer as authorized by local ordinance pursuant to the provisions of subsection (d), that it is a dangerous dog, provided that its owner has been given notice of that finding.

(b) (1) Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of 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. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. 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 dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. 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 § 3.1-796.119 of the Code of Virginia.

(2) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the local governing body prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or 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 or other tort 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 dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.

(3) The owner of any animal found to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee of $50.00 or an amount not to exceed the costs incurred by the town to administer this program, in addition to other fees that may be authorized by law. The local animal control officer shall also 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. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(4) All 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 satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.

(5) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(6) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.

(7) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.

(8) The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this ordinance shall be guilty of a class 1 misdemeanor.

(9) All fees collected pursuant to this ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a specified dedicated fund in the treasury of the Town for the purpose of paying the expenses of any training course required under § 3.1-796.104:1 of the Code of Virginia.

(c) (1) All 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 satisfactory evidence that the animal has been neutered or spayed.

(2) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000.00, that covers animal bites.

(d) Notwithstanding the provisions of subdivision (b)(1), any ordinance enacted pursuant to this section may provide that an animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of the ordinance. If any animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits.

(Code 1971, § 3-10; Ord. of 1-24-94; Ord. of 11-29-04)

State Law reference— Code of Virginia, §3.1-796.93:1; Regulations to prevent running at-large of vicious dogs, Code of Virginia, § 3.1-796.100; dogs killing other domestic animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117.

Sec. 14-51. - Keeping hogs; livestock and fowl running at-large.#R-3

(a) Other than domesticated dogs and cats and fowl, it shall be unlawful for any person to keep any animal, including snakes, reptiles, hogs, pigs, pot-bellied pigs, livestock, cattle, sheep, and goats within the town. The keeping of horses shall be permitted in the suburban-agricultural zone.

(b) Other than domesticated cats and dogs which are governed by other provisions of the Code, it shall be unlawful for animals to run at large or graze on any property in town.

(d) Chickens or other fowl may not be kept within 200 feet of an occupied building or residence.§ Nor shall they be permitted within 100 feet of a well, spring, stream, creek or brook.§

(e) (1) It shall be unlawful for any person to keep or place a beehive or cause or allow a beehive to remain:

a. Closer than 20 feet to any alley or to the property of anyone other than the person maintaining the beehive or his immediate family;§ or

b. Closer than 50 feet to the property line of adjoining property of anyone other than the person maintaining the beehive or his immediate family or any apartment, hotel, motel, office, commercial establishment, church or school;§ or

c. Anywhere on the property except in the rear yard;§

d. In a general business (B-G) zone or in a residential district R-3 zone;

e. Unsupported by an adequate, accessible and useable supply of water for the bees within ten feet of each beehive;

f. In numbers greater than as follows:

No more than four beehives on any parcel of real property which contains 10,000 square feet or less in area. With respect to parcels larger than 10,000 square feet in area, one additional beehive shall be permitted for each 2,000 square feet of area in excess of 10,000 square feet. Notwithstanding the foregoing, during the months of April, May and June (swarm season) only, a person shall be permitted to keep two additional beehives, over and above those permitted during the balance of the year.§
The density restrictions established by this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one acre or larger in size or on any parcel zoned R-S, residential suburban.§

(2) The keeping of bees and/or maintaining of beehives within the town limits is a concern to public safety and human health due to the number of persons allergic to bee stings, which can be fatal, and the tendency of bees to swarm periodically. Therefore persons maintaining beehives on properties within the town limits shall be required to apply for a permit to keep bees and beehives, which permit shall be governed by the following additional requirements:

a. The town manager shall promulgate an application for persons wanting to keep beehives in the town limits to make application for a permit to keep beehives.

b. The application shall include a drawing sufficient to demonstrate that the location of the beehives comply with the requirements of this section.

c. Upon receipt of the application the town manager or his designee shall notify the adjoining landowners and landowner across the street, if applicable, of the proposed application and solicit comments and concerns, including the existence of any occupants who are allergic to bee stings.

d. After making such other investigation as the town manager, or his designee, shall deem appropriate, the town manager, or his designee, shall approve or disapprove of the application based on public safety concerns.

e. Applicants who are denied a permit shall have the right to petition the town council to consider and approve their application.

f. The town manager, or his designee, may revoke a permit issued hereunder if he determines that public safety concerns warrant it. The decision to revoke a permit may be appealed to the town council for review.

(Code 1971, §§ 3-1, 3-2, 3-7; Ord. of 6-21-10(1); Ord. of 8-23-10)

State Law reference— As amended, [Code of Virginia,] §§ 3.2-6544 and 15.2-1115.

ARTICLE IV. - CATS#

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Editor's note— An ordinance adopted November 20, 1995 amended ch. 14 by the addition of a new art. IV, §§ 14-52—14-58, which provisions have been redesignated at the editor's discretion as art. IV, §§ 14-70—14-75 to facilitate future expansion of art. III.

Sec. 14-70. - Definitions.#

The following words, when used in this article shall have meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Cat. Every cat, regardless of sex, age or size.

Owner. Every person having a property or ownership interest in a cat, or who keeps or harbors a cat, or who has a cat in his care, or who acts as the custodian of a cat, or who permits a cat to remain in or about premises owned or occupied by him.

Public nuisance. Any cat that unreasonably annoys humans, endangers the life of health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance" as used in this article shall mean and include, but is not limited to:

(1) Cats repeatedly found at large;

(2) Cats damaging the property of anyone other than its owner;

(3) Cats excessively making disturbing noises, including, but not limited to, continued and repeated caterwauling, howling, meowing, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the cat is kept or harbored;

(4) Cats causing fouling of the air by odor and thereby causing unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the cat is kept or harbored;

(5) Cats causing unsanitary conditions in enclosures or surroundings where the cat is kept or harbored upon property owned and/or occupied by someone other than the owners of the cat; or

(6) Cats being offensive or dangerous to the public health, safety or welfare by virtue of the number and/or type of cat maintained.

(Ord. of 11-20-95)

Sec. 14-71. - Damage caused by cats.#

The owner, as defined by section 14-52, of any cat causing damage to the property of any other person shall be civilly liable for such damages.

(Ord. of 11-20-95)

Sec. 14-72. - Violation of article as nuisance.#

Violation of this article shall constitute a class 4 misdemeanor, and, in addition, any such violation is hereby declared a public nuisance, and any person suffering injury or damage therefore may seek the correction, removal or abatement of such nuisance through appropriate suit in equity.

(Ord. of 11-20-95)

Sec. 14-73. - Cats running at large.#

It shall be unlawful for the owner or custodian of any cat without (1) a collar, (2) a name plate attached to the collar providing the name and address of the owner, to allow such cat to run at large. For the purpose of this section, a cat shall be deemed to run at large whenever roaming, walking, running or self-hunting off of the property of its owner or custodian. Any person who permits a cat to run at large shall be deemed to have violated the provisions of this section.

(Ord. of 11-20-95)

Sec. 14-74. - Impoundment of cats; redemption.#

(a) Impoundment of cat. Any cat found in violation of any provision of this article or whose custodian is in violation of any provision of this article or any cat creating a "public nuisance" as defined by section 3-16 [14-70] may be seized by any animal warden or police officer and impounded at an approved location. The officer seizing any cat and officials of the town shall follow the procedures established in keeping and disposing of any impounded dog and shall use reasonable efforts to notify the owner thereof. Such cat so impounded shall be held there and properly fed, watered and cared for, for a period of not less than six days.

(b) Redemption of impounded cat. If the owner or custodian of a cat impounded under subsection (a) appears within the six-day period referred to in subsection (a) and requests to redeem such cat, the request shall be granted upon the payment of the standard daily cost of confinement and charged by Nottoway County.

(c) Disposition of unredeemed cats. Should the owner or custodian of a cat impounded under subsection (a) not redeem such cat within the six-day period referred to in subsection (b), then the cat in question may be disposed of by means used by Nottoway County in effect at the time of impoundment manner.

(Ord. of 11-20-95)

Sec. 14-75. - Order to destroy or remove vicious cat.#

(a) If any cat bites any person, domestic animal or fowl, or annoys any person, domestic animal or fowl by running after such person, domestic animal or fowl in a vicious manner off the premises of such cat's owner or custodian, the court having jurisdiction, upon proof of the fact, may order cat to be destroyed or to be removed outside the corporate limits of the town and not to be permitted to return within the town.

(b) Before the execution of an order of destruction or removal issued pursuant in subsection (a) the court having jurisdiction may order the cat in question to be closely confined on the premises of its owner, custodian or in the animal shelter of the town for such period of time as may be necessary to determine whether or not such cat may have rabies.

(c) No person shall conceal a cat or otherwise hinder the execution of any order of destruction or removal issued pursuant to this section.

(Ord. of 11-20-95)