Highlighted below: 32 of 32 extracted standards. Sections and highlights carry their own anchors.
Chapter 6 - ANIMALS AND FOWL#
Footnotes:
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- Editor's note— Ord. No. 2009-20, adopted Oct. 13, 2009, amended Ch. 6 in its entirety to read as herein set out. Former Ch. 6, §§ 6-1—6-128, pertained to similar subject matter. See the Code Comparative Table for complete derivation.
Charter reference— Authority of city to regulate animals and fowl, Hopewell City Charter Ch. II, § 11 Regulation of animals and fowl.
State Law reference— General authority of city to regulate animals and fowl, Code of Virginia, Title 3.2 Agriculture, Animal Care, and Food, Chapter 65 (Comprehensive Animal Care).
Sec. 6-1. - Violations of chapter generally.#
Except as otherwise provided in other sections of this chapter, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
Sec. 6-2. - Animal control officer, generally.#
The city manager shall appoint an officer to be known as the animal control officer, who shall have the power to enforce this chapter and other ordinances and state laws for the protection of domestic animals. Within the limits of the appropriations therefor, the city manager may also appoint one (1) or more deputy animal control officers to assist the animal control officer in inspection activities and in law enforcement.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6555.
Sec. 6-3. - City pound.#
(a) A city pound shall be established and maintained in the city in accordance with the requirements deemed necessary by the city council and of a type approved by the health department. The city need not own such pound but may contract for its establishment with a private group or in conjunction with one (1) or more other local political subdivisions of the state.
(1) The city pound shall be accessible to the public at reasonable hours during the week.
(2) The city pound shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and the pound shall update such statement as changes occur.
(3) If a person contacts the city pound inquiring about a lost companion animal, the pound shall advise the person if the companion animal is confined at the pound or if a companion animal of similar description is confined at the pound.
(4) The city pound shall maintain a written record of the information on each companion animal submitted to the pound by an animal shelter in accordance with Code of Virginia, § 3.2-6548 subsection D. for a period of thirty (30) days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by an animal shelter or allow such person inquiring about a lost animal to view the written records.
(5) The city pound shall maintain a written record of the information on each companion animal submitted to the pound by a releasing agency other than a pound or animal shelter in accordance with Code of Virginia, § 3.2-6549 subdivision F.2. for a period of thirty (30) days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by such releasing agency or allow such person inquiring about a lost companion animal to view the written records.
(6) The city pound shall maintain a written record of the information on each companion animal submitted to the pound by an individual in accordance with Code of Virginia, § 3.2-6551 subdivision A.2. for a period of thirty (30) days from the date the information is received by the pound. If a person contacts the pound inquiring about a lost companion animal, the pound shall check its records and make available to such person any information submitted by the individual or allow such person inquiring about a lost companion animal to view the written records.
(b) It shall be unlawful for any person to break open, aid or assist, counsel or advise, the breaking open of the city pound or to take or let out, or attempt to take or let out, any animal placed therein pursuant to this chapter unless such act is done by an officer duly authorized by law, or to hinder or oppose any officer in taking up any dog or other animal, in accordance with provisions of this chapter.
(Ord. No. 2009-20, 10-13-09)
State Law reference— County or city public animal shelters, Code of Virginia, § 3.2-6546.
Sec. 6-4. - Keeping of livestock or fowl near residences.#
(a) No horses, mules, cows, goats, sheep or livestock of similar nature shall be kept within one hundred (100) yards of any residence, except the residence of the owner of any such animal.§
(b) No fowl or domestic chickens shall be kept within the city by any person, except as provided below:
(1) An enclosure shall be provided on all premises, which fowl are kept.§
(2) A house or shelter shall be provided in all enclosures in which fowl are kept.§
(3) Such house or shelter shall be kept dry and well-ventilated and shall be maintained in a clean and sanitary condition free of offensive odors and excrement at all times.§
(4) All enclosures shall be so constructed as to keep the fowl secure from other animals.§
(5) All enclosures shall be adequately enclosed and free from any rodents. The presence of rodents in any enclosure shall be prima facie evidence that such enclosure is maintained in violation of this section.§
(6) All enclosures shall be located in the rear yard of the premises.§
(7) No enclosure intended primarily for the keeping of fowl shall be constructed within ten (10) feet of the property lines.§
(8) No enclosure shall be located within seventy-five (75) feet of a residential dwelling or two hundred (200) feet of any church or school building; except the residence of the owner of the fowl.§
(9) No more than six (6) fowl or domestic chickens, and no roosters shall be kept on any premises in the city.§
(Ord. No. 2009-20, 10-13-09; Ord. No. 2012-05, 8-14-12; Ord. No. 2014-12, 8-12-14)
State Law reference— Code of Virginia, § 3.2-6544.
Sec. 6-5. - Keeping of swine near residences.#
No hog or pig shall be kept within five hundred (500) yards of any residence, building, stream, well, creek, or brook.§
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6544.
Sec. 6-6. - Livestock running at large.#
No person shall permit a horse, mule, cow or other livestock which he owns, or which is within his possession, custody or control, to run at large in the city.§ Any animal found running at large in violation of this section shall be impounded until redeemed, and if not redeemed within five (5) days after advertisement has been made in one (1) of the city newspapers, it may be sold by the chief of police. The proceeds of such sale, after deducting therefrom any amounts for any fine, court costs, keeping and advertising, shall be held by the treasurer for the benefit of the owner. No such animal shall be advertised until it has been impounded forty-eight (48) hours.
(Ord. No. 2009-20, 10-13-09)
Charter reference— Authority of city to prevent running at large of animals and fowl, Ch. 11, § 11.
State Law reference— Code of Virginia, § 3.2-6544.
Sec. 6-7. - Fowl running at large.#
No owner of fowl of any description shall fail to confine them so as to prevent their straying to the premises of others.§
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6544.
Sec. 6-8. - Animals at large.#
No person shall suffer or permit any animal belonging to him or under his control to go at large in the city, or be kept in the city at any time, except in strict confinement in such manner as to be safe for the public; provided, however, that this section shall not be construed to apply to dogs.§
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6544.
Sec. 6-9. - Sanitary condition of stables, sheds, etc.#
No person owning, occupying and having use of any stable, shed, pen, stall or other place wherein animals of any kind are kept shall permit such stable, shed, pen, stall or other place to become or remain filthy or unwholesome.§
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6503.
Sec. 6-10. - Storage and removal of manure.#
Every person owning or occupying any building or part of a building in which any horse, mule, cow or similar animal is kept shall provide in connection therewith a flytight bin or pit for the reception of manure.§ Pending the removal from the premises, manure shall be kept in such bin or pit. Stable manure shall be removed by persons maintaining stables.§
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6503.
Sec. 6-11. - Discarding dead animal in street; allowing dead animal to remain unburied; disposition of carcasses.#
(a) If any person casts any dead animal into a street or road or knowingly permits any dead animal to remain unburied upon his property when offensive to the public, he shall be guilty of a Class 3 misdemeanor.§
(b) The carcasses of dead animals shall be disposed of in accordance with the directions of the city manager.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 18.2-323.
Sec. 6-12. - Definitions.#
Unless a contrary definition is apparent, as used in this chapter, the following words shall have the meanings ascribed to them in this section:
Abandon means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in section 6-79 of this chapter for a period of five (5) consecutive days.
Adequate care or care means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
Adequate feed means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings; (ii) sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.
Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three (3) times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.
Adequate water means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration of the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.
Adoption means the transfer of ownership of a dog or cat from a releasing agency to an individual.
Agricultural animals means all livestock and poultry.
Ambient temperature means the temperature surrounding the animal.
Animal means any nonhuman vertebrate species except fish. For the purposes of Article IV of this chapter, animal means any species susceptible to rabies. For the purposes of section 6-75 of this chapter, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
Animal control officer means a person or his deputy appointed by the city who is responsible for enforcing state and local animal welfare and control provisions.
Animal shelter means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty of animals, animal rescue group, or any other organization devoted to the welfare, protection, and humane treatment of animals.
Boarding establishment means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee.
Collar means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
Commercial dog breeder means any person who, during any 12-month period, maintains thirty (30) or more adult female dogs for the primary purpose of the sale of their offspring as companion animals.
Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
Consumer means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services.
Dealer means any person who in the regular course of business for compensation or profit buys sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered dealer.
Direct and immediate threat means any clear and imminent danger to an animal's health, safety or life.
Dump means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.
Emergency veterinary treatment means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.
Enclosure means a structure used to house or restrict animals from running at large.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
Exhibitor means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department Agriculture.
Facility means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept.
Foster care provider means an individual who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, or other releasing agency.
Foster home means a private residential dwelling and its surrounding grounds at which site through an affiliation with a pound, animal shelter, or other releasing agency care or rehabilitation is provided for companion animals.
Groomer means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.
Home-based rescue means any person that accepts: (i) more than twelve (12) companion animals; or (ii) more than nine (9) companion animals and more than three (3) unweaned litters of companion animals in a calendar year for the purpose of finding permanent adoptive homes for the companion animals and houses the companion animals in a private residential dwelling or uses a system of housing companion animals in private residential foster homes.
Humane means any action taken in consideration of and with the intent to provide for the animal's health and well-being.
Humane investigator means a person who has been appointed by a circuit court as a humane investigator as provided in Code of Virginia, § 3.2-6558.
Humane society means any chartered, nonprofit organization incorporated under the laws of this commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.
Kennel means any establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.
Law enforcement officer means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.
Livestock includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Code of Virginia, § 3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
New owner means an individual who is legally competent to enter into a binding agreement pursuant to subsection 6-94(b)(2) of this chapter, and who adopts or receives a dog or cat from a releasing agency.
Ordinance means any law, rule, regulation, or ordinance adopted by the governing body of any locality.
Other officer includes all other persons employed or elected by the people of Virginia, or by any locality, whose duty it is to preserve the peace, to make arrests, or to enforce the law.
Owner means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
Pet shop means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.
Poultry includes all domestic fowl and game birds raised in captivity.
Pound means a facility operated by the commonwealth, or any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals.
Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
Properly cleaned means that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequently to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
Properly lighted when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals.
Properly lighted when referring to a private residential dwelling and its surrounding grounds means
Article VI. - Animals#
Sec. 6-25. - Definitions.#
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:
Adequate feed means the provision at suitable intervals, not to exceed twenty-four (24) hours, of a quantity of food which is sufficient to maintain an animal in good health, and appropriate for the age, species, condition, size and type of the animal.
Adequate water means a constant and ready supply of clean, fresh, potable water in a suitable container that is appropriate for the age, species, condition, size and type of the animal, and which is accessible to the animal at all times.
Animal means every living creature, domestic or wild, but excluding man.
Animal control officer means the person employed by the city or by contract with the city to perform the duties of animal control officer.
At large means an animal off the property of its owner and not under the immediate control of its owner or a responsible person.
Cat means every cat, regardless of sex or age.
Companion animal means any domestic or feral dog, cat or other domesticated animal normally maintained in or near the household of the owner or person who possesses it.
Direct supervision means that the animal is in the presence of the owner or custodian and is under the physical control of the owner or custodian.
Dog means every dog, regardless of sex or age.
Enclosure means a fence, pen, cage, or other structure suitable to prevent the entry of young children and suitable to confine an animal in a manner which prevents the animal from escaping and which provides protection from the elements.
Euthanasia means the act of humanely destroying an animal by a method approved by the state veterinarian.
Feral means an animal that is not socialized to humans and is not under the care or control of a person.
Guard dog means a dog that is trained to attack or bite persons and is used for the purpose of protecting persons or property.
Harbor means to feed, shelter, or provide care for an animal for a period of more than thirty (30) days.
Humane investigator means a person appointed by the circuit court of the city to investigate complaints of cruelty to animals.
Kennel means any establishment, other than a pound or animal shelter, wherein or whereon more than four (4) dogs or more than four (4) cats are kept, boarded, bred, or trained for a fee.
Licensed veterinarian means a person who is duly licensed to practice veterinary medicine in the Commonwealth of Virginia.
Neutered means a male animal that has been rendered permanently incapable of reproducing.
Nuisance means any animal that:
- Damages, soils, defecates, or urinates on private property other than the property of the owner;
- Causes a disturbance by excessive barking, howling, or making other unreasonable noise;
- Chases, snaps at, or threatens persons or other animals;
- Causes damage to property; or
- Is found running at large in violation of this article.
Owner means any person having a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his care, or who acts as a custodian of an animal.
Person means any individual, firm, corporation, partnership, association, or other legal entity.
Pound means a facility operated by the city or by contract with the city for the impoundment and care of animals.
Proper shelter means a structure that:
- Is suitable for the age, species, condition, size and type of the animal;
- Provides protection from the elements;
- Is clean, dry, and in good repair;
- Is of sufficient size to allow the animal to stand, sit, lie down, and turn about freely; and
- Is constructed of materials that can be readily cleaned and sanitized.
Rabies vaccination means the administration of a rabies vaccine by a licensed veterinarian in accordance with the current Compendium of Animal Rabies Prevention and Control.
Running at large means an animal off the property of its owner and not under the immediate control of its owner or a responsible person.
Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
Spayed means a female animal that has been rendered permanently incapable of reproducing.
Sterilize or sterilization means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
Tether means to restrain an animal by a chain, rope, or similar device.
Veterinary treatment means treatment by or on the order of a duly licensed veterinarian.
Weaned means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five (5) days.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Code of Virginia, § 3.2-6500.
Sec. 6-26. - Definitions.#
For the purposes of this article, the following words and terms shall have the meanings respectively ascribed to them by this section:
Dog shall mean and include every dog, regardless of sex and age.
Immediate control. The words "under its owner's immediate control" shall mean by means of a leash, cord, chain, or other similar means.
Owner shall mean any person having right of property in a dog, or who keeps or harbors a dog, or who has a dog in his care or who acts as a custodian of a dog.
(Ord. No. 2009-20, 10-13-09)
Sec. 6-27. - Limitation on keeping of dogs and cats at residences.#
(a) It shall be unlawful for any person to own, house, keep, board or have more than three (3) dogs, more than four (4) months of age, at any one (1) residence within the city, unless such residence is more than three hundred (300) feet from any other residence.§
(b) It shall be unlawful for there to be owned, housed, kept, or boarded more than four (4) cats, more than four (4) months of age at any residence in the city.§
(Ord. No. 2009-20, 10-13-09)
State Law reference—Code of Virginia, § 3.2-6503.
Sec. 6-28. - Running at large—Prohibited; leash law; penalty.#
(a) It shall be unlawful for the owner of any dog to permit such dog to run at large within the city, at any time, during any month of the year.§ It shall also be unlawful for the owner of any cat which has not been inoculated against rabies to permit such cat to run at large within the city, at any time, during any month of the year.§ For the purpose of this section, an animal shall be deemed to run at large while walking, roaming, running, or self-hunting off the property of its owner and not under its owner's immediate control. Immediate control means that a dog must be leashed while off of the owner's property. Any person who permits such animal to run at large shall be deemed to have violated the provisions of this section.
(b) Any dog which is the subject of a third or subsequent violation of this section may be declared a nuisance and the owner may be ordered to remove the animal from the city.
(c) Any person convicted of a fourth or subsequent violation of this section may also be prohibited from owning or housing any dog in the city.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Code of Virginia, §§ 3.2-6538 and 3.2-6539.
Sec. 6-29. - Impoundment and disposition of dogs running at large.#
(a) It shall be the duty of the animal control officer or any police officer to seize and impound in the city pound any dog found running at large in the city in violation of this article or of any state law relating to dogs: provided, however, that it shall not be lawful to seize any dog belonging to any person not a resident of the city while such dog is attached to a vehicle of the owner, led by a leash or is in the personal presence of the owner.
(b) Any dog which has been confined in the city pound pursuant to this section must be kept for a period of not less than five (5) days, such period to commence on the day immediately following the day the dog is initially confined in the facility, unless sooner claimed by the owner thereof. The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five (5) days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next forty-eight (48) hours following its confinement.
(c) No dog impounded under the provisions of this chapter shall be released until the owner makes demand therefor at the pound, proves ownership to the satisfaction of the poundmaster, produces a current license for such dog and pays the cost of impounding.
(d) A custodian of a dog or individual who has found a dog may qualify as owner and may claim the dog by expressing his desire in writing to claim the dog at the expiration of the five-day period set out herein after payment of the required license fee and cost of impounding as prescribed in subsection (c); provided, however, in the event the rightful owner shall claim such dog at any time, the custodian or finder shall relinquish possession of such dog to the rightful owner.
(e) If a dog has not been claimed upon expiration of the appropriate holding period as provided by subsection (b), it shall be deemed abandoned and become the property of the pound or shelter. If such dog did not when delivered to the pound bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by:
(1) Sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five (5) days;
(2) Delivery to any humane society or animal shelter within the commonwealth;
(3) Adoption by any person who is a resident of the city who will pay the required license fee, if any, on such animal;
(4) Adoption by a resident of an adjacent political subdivision of the commonwealth; or
(5) Delivery, for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter: (i) maintains records which would comply with Code of Virginia, § 3.2-6557; (ii) requires that adopted dogs or cats be sterilized; and (iii) has been approved by the state veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia.
If such abandoned animal when delivered to the pound bore a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by the methods described in subsection (2), (3) or (4) of this subsection.
No more than two (2) dogs or a family of dogs shall be delivered during any 30-day period to any one (1) person under subsection (3) or (4) of this subsection.
(f) No provision in this section shall prohibit the destruction of a critically injured or critically ill animal for humane purposes. Any animal destroyed pursuant to the provisions of this section shall be euthanized by one (1) of the methods prescribed or approved by the state veterinarian.
(g) Nothing in this section shall prohibit the immediate destruction or disposal by the methods listed in subdivisions (2) through (5) of subsection (e) of an animal that has been delivered voluntarily or released to a pound, animal shelter, animal control officer, or humane society by the animal's rightful owner after the rightful owner has, in writing, surrendered all property rights in such animal and has read and signed a statement (i) certifying that no other person has a right of property in the animal and (ii) acknowledging that the animal may be immediately euthanized or disposed of by the methods listed in subdivisions (2)—(5) of subsection (e).
(h) Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three (3) days, at least one (1) of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal as required by Code of Virginia, § 3.2-6557. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the facility.
(i) Animals, other than dogs, which have been abandoned or are stray with no apparent owner may also be disposed of as provided in this section, unless such disposition is contrary to law.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Code of Virginia, § 3.2-6546.
Sec. 6-30. - Harboring or keeping of barking or howling dog.#
The harboring or keeping of any dog which, by loud, frequent or habitual barking or howling, shall cause annoyance to, and disturb the peace and quiet of, any person or neighborhood shall be unlawful and a nuisance.§ Any such dog may, after due notice has been given to the owner or keeper, if known, be impounded and confined in the city pound by the animal control officer or any police officer.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Hopewell City Code § 23-15.
Sec. 6-31. - Dangerous dogs.#
No person shall suffer or permit any dog belonging to him or under his control which is known to be dangerous, or is reasonably suspected of being dangerous, to be kept in the city at any time, except in strict confinement in such manner as to provide for, and make certain of, the safety of the public.§ Any second or subsequent violation of this section shall constitute a Class 2 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Control of dangerous dogs, Code of Virginia, § 3.2-6540.
Sec. 6-31.1. - Adoption of Code of Virginia, § 3.2-6540; control of dangerous dogs; penalties.#
Section 3.2-6540 as set forth in the Code of Virginia shall be enforced in the city. Except as specifically modified by this chapter, all the provisions and requirements of Code of Virginia, § 3.2-6540, are hereby adopted, mutatis mutandis, and made part of this chapter as if fully set forth. No person within the city shall violate or fail, neglect or refuse to comply with any provision of this section and in no event shall the penalty imposed for the violation of any provision or requirement adopted herein exceed the penalty imposed for a similar offense under such Code of Virginia, § 2.3-6540 et seq., as amended.
(Ord. No. 2009-20, 10-13-09; Ord. No. 2018-125, 12-19-18)
State Law reference—Control of dangerous dogs, Code of Virginia, § 3.2-6540.
Sec. 6-32. - Confinement of female dogs in season.#
It shall be unlawful for the owner of a female dog to permit such dog to be at large in the city or to be taken on a leash upon a street, sidewalk or public place in the city at any time when such dog is in season. Such dog shall be kept in a secure place or boarded in a kennel.
(Ord. No. 2009-20, 10-13-09)
Sec. 6-33. - Regulation of hybrid canines.#
(a) Definitions. As used in this section:
Adequate confinement means that, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely and totally enclosed and locked structure, with a cement floor, of sufficient height and design to (i) prevent the animal's escape; or if the hybrid canine is determined to be a dangerous dog under sections 6-31 and 6-31.1 of this chapter, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine, and (ii) provide a minimum of one hundred (100) square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. While not on the property of its owner, adequate confinement means that the hybrid canine is under the immediate control of its owner or custodian, and is restrained in such a manner as to prevent escape and to prevent any uninvited contact with third parties.
Hybrid canine means any animal which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law enforcement officer, animal control officer, humane investigator, official of the department of health, or state veterinarian's representative.
Responsible ownership means the ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety.
(b) No person shall own or house in the city more than two (2) hybrid canines, only one (1) of which may be capable of reproducing.
(c) The owner of each hybrid canine shall apply for and obtain a permit from the city covering such canine for one (1) year. Application for said permit shall be accompanied by a fee of fifty dollars ($50.00), and shall be submitted each year to the treasurer of the city by the same due dates set forth in section 6-46 of this chapter for dog licenses. The permit fee shall be in addition to the license tax. Information in the permit application shall include the canine's name, breed, sex, color, height, weight, length, and any identifying marks, as well as the canine's rabies vaccination number and expiration date. Proof of rabies vaccination, which must be effective throughout the period covered by the permit, and proof of the insurance required by this section shall accompany the application. The permit shall consist of a receipt and a metal tag, the latter to be affixed to the canine's collar, and worn at all times, identifying the canine, its owner and owner's address, and the period covered by the permit. The wearing of such collar and tag may only be excused by a licensed veterinarian, for health reasons of the animal.
(d) Hybrid canines shall also be identified by a tattoo on the inner thigh or by microchip.
(e) The owner of any hybrid canine must maintain liability insurance to cover any and all injuries inflicted by such animal, in the minimum amount of fifty thousand dollars ($50,000.00) for each incident.
(f) Any hybrid canine for which no current permit has been issued shall be removed from the city forthwith by its owner.
(g) Hybrid canines shall be kept in adequate confinement as defined in this section.
(h) Violation of this section shall constitute a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for any second or subsequent violation. In addition, the owner found in violation of the section (other than the subsections requiring permits) shall surrender the hybrid canine for euthanasia in accordance with Code of Virginia, § 3.2-6562.
(Ord. No. 2009-20, 10-13-09)
State Law reference—Code of Virginia, §§ 3.2-6581 and 3.2-6582.
ARTICLE II. - DOGS AND CATS#
Sec. 6-34. - Removal of defecated material left by dog on public and private property.#
The owner of any dog shall immediately remove defecated material left by said dog on any private or public property in the city, other than the owner's property, and dispose of it in a safe and sanitary manner.
(Ord. No. 2009-20, 10-13-09)
Sec. 6-46. - Required.#
It shall be unlawful for any person to own a dog or cat four (4) months old or older in this city, unless such dog or cat is licensed under the provisions of this division. The owner of any such dog or cat shall obtain a current license for said dog or cat and pay the license tax imposed by section 6-48.
(Ord. No. 2009-20, 10-13-09; Ord. No. 2018-125, 12-19-18)
State Law reference— Code of Virginia, § 3.2-6524.
Sec. 6-47. - Application; applicant must be city resident.#
(a) Any person may obtain a dog or cat license by making oral or written application to the city treasurer, accompanied by the license tax and certificate referred to in section 6-51. The city treasurer shall only have authority to license dogs and cats of resident owners or custodians who reside within the limits of the city and may require information to this effect from any applicant.
(b) It shall be unlawful for any person to make any false statement in or present any false evidence with an application submitted under this section, in order to secure a dog or cat license to which such person is not entitled.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, §§ 3.2-6527 and 3.2-6587.
Sec. 6-48. - Adoption of Code of Virginia, § 3.2-6528; amount of license tax.#
Section 3.2-6528 as set forth in the Code of Virginia shall be enforced in the city. Except as specifically modified by this chapter, all the provisions and requirements of Code of Virginia, § 3.2-6528, are hereby adopted, mutatis mutandis, and made part of this chapter as if fully set forth. No person within the city shall violate or fail, neglect or refuse to comply with any provision of this section and in no event shall the penalty imposed for the violation of any provision or requirement adopted herein exceed the penalty imposed for a similar offense under such Code of Virginia, § 2.3-6528 et seq., as amended.
(Ord. No. 2009-20, 10-13-09; Ord. No. 2018-125, 12-19-18)
State Law reference— Code of Virginia, § 3.2-6528.
Sec. 6-50. - Failure to pay tax when due.#
It shall be unlawful for any person to fail to pay the dog or cat license tax when the same is due. Payment of the license tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve such owner from the penalties provided for such failure.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6536.
Sec. 6-51. - Issuance, composition and contents of license.#
(a) Upon receipt of a proper application and the prescribed license fee, the city treasurer shall issue a dog or cat license; provided, that no such license shall be issued for any dog or cat, unless there is presented to the city treasurer a current certificate issued pursuant to section 6-121 of this chapter for such dog or cat. When the dog or cat license has been issued, the certificate shall be so marked and returned to the applicant.
(b) Each dog or cat license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address of the owner or custodian of the dog or cat, the date of payment, the time period for which the license is issued, the serial number of the tag, and whether the license is for a dog, cat or unsexed dog or cat. The metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the jurisdiction and shall bear a serial number.
(c) Each veterinarian who vaccinates a dog against rabies or directs a veterinary technician in his employ to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination certificate. The veterinarian shall forward within forty-five (45) days a copy of the rabies vaccination certificate or the relevant information contained in such certificate to the treasurer of the locality where the vaccination occurs.
(1) The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner's name and address, the species of the animal, the sex, the age, the color, the primary breed, whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies vaccination certificate shall indicate the locality where the animal resides.
(2) It shall be the responsibility of the owner of each vaccinated animal that is not already licensed to apply for a license for the vaccinated dog. Beginning January 1, 2008, if the treasurer determines, from review of the rabies vaccination information provided by veterinarians, that the owner of an unlicensed dog has failed to apply for a license within ninety (90) days of the date of vaccination, the treasurer shall transmit an application to the owner and request the owner to submit a completed application and pay the appropriate fee. Upon receipt of the completed application and payment of the license fee, the treasurer or other agent charged with the duty of issuing the dog licenses shall issue a license receipt and a permanent tag. The treasurer shall retain only the information that is required to be collected and open to public inspection pursuant to the provisions of this chapter and shall forthwith destroy any rabies vaccination certificate or other similar record transmitted by a veterinarian to a treasurer pursuant to this section.
(3) The treasurer shall remit any rabies vaccination certificate received for any animal owned by an individual residing in another locality to the local treasurer for the appropriate locality.
(4) Any veterinarian that willfully fails to provide the treasurer of any locality with a copy of the rabies vaccination certificate, or the information contained in such certificate, may be subject to a civil penalty not to exceed ten dollars ($10.00) per certificate. Monies raised pursuant to this subsection shall be placed in the locality's general fund for the purpose of animal control activities including spay or neuter programs.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, §§ 3.2-6526 and 3.2-6529.
Sec. 6-52. - Preservation and exhibition of license receipt; tag to be worn by dog; exceptions.#
(a) Dog and cat license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by the animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. Collars bearing license tags may be removed when the dog is engaged in lawful hunting; when the dog is competing in a dog show; when the dog has a skin condition which would be exacerbated by the wearing of a collar; when the dog is confined; or when the dog is under the immediate control of its owner.
(b) Any dog not wearing a collar bearing a valid license tag, or any cat not exhibiting its license information, in a readily identifiable manner, shall prima facie be deemed to be unlicensed, and in any proceedings under this division, the burden of proof of the fact that such dog or cat has been licensed at the time shall be on the owner of the dog or cat. Any such dog not wearing a required collar bearing a current license tag, or any cat not exhibiting current license information, may be impounded by the animal control officer or other law enforcement officer, and disposed of in accordance with law.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6533.
Sec. 6-53. - Removal of tag.#
It shall be unlawful for any person, except the owner or custodian, to remove a legally acquired license tag from a dog, or to remove license information from a cat.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6587.
Sec. 6-54. - Duplicate tags.#
If a dog or cat license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the city treasurer for a duplicate tag, presenting the original license receipt. Upon affidavit of the owner or custodian, before the treasurer, that the original license tag has been lost, destroyed or stolen, the treasurer shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog or cat. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall be one dollar ($1.00).
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6532.
Sec. 6-55. - Substations and agents for collection of tax and issuance of license.#
The city treasurer may establish substations in convenient locations in the city and appoint agents for the collection of dog license taxes and issuance of dog licenses.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6527.
ARTICLE III. - COMPREHENSIVE ANIMAL CARE ORDINANCE#
Footnotes: --- (2) --- State Law reference— Code of Virginia, §§ 3.2-6500—3.2-6590.
Sec. 6-71. - Title.#
This article shall be known as the Hopewell Comprehensive Animal Care Ordinance and may be so cited.
(Ord. No. 2009-20, 10-13-09)
Sec. 6-72. - Declaration of policy and purpose.#
(a) The city council declares that it is the policy and purpose of this article to insure that animals are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of animals. It is the purpose of this article to insure that all animals, wherever found, and especially animals confined in pet shops, boarding kennels, animal shelters, auction markets, pounds, research facilities, transportation facilities, vehicles and in other similar places, are provided humane care and treatment. It is also the purpose of this article to protect the owners and purchasers of animals from misleading or fraudulent warranties regarding animals and from theft of their animals; to prevent the sale or use of stolen animals; and to insure that only animals that appear to be free of infection, communicable disease and abnormalities are released for sale, trade or adoption, unless subsequent veterinary care is assured.
(b) The city council declares that it is the intent of this article to protect the public health, safety and welfare by controlling animals as items of commerce to prevent disease, fraudulent practices and inhumane treatment and conditions.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6501.
Sec. 6-74. - Exceptions from article.#
This article shall not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital or boarding kennel, where animals are harbored, boarded and cared for incident to the treatment, prevention or alleviation of disease processes during the routine practice of the profession of veterinary medicine or to animals boarded under the immediate supervision of a duly licensed veterinarian.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6506.
Sec. 6-75. - Cruelty to animals generally.#
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 such person or another; or (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; or (iii) who 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) who causes any of the above things, or who, being the owner of such animal, permits such acts to be done by another, shall be guilty of a Class 1 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6570.
Sec. 6-76. - Maiming, killing or poisoning companion animals or fowl.#
Except as otherwise provided for by law, if any person maliciously shoots, stabs, wounds or otherwise causes bodily injury to, or administers poison to or exposes poison with intent that it be taken by any companion animal or fowl of another, with intent to maim, disfigure, disable or kill the same, or if any person does any of the foregoing acts to any companion animal or fowl of his or her own, with intent to defraud any insurer thereof, such person shall be guilty of a Class 1 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, §§ 3.2-6544 and 3.2-6570.
Sec. 6-77. - Animal fighting.#
(a) No person shall knowingly:
(1) Promote, prepare for, engage in, or be employed in, the fighting of animals for amusement, sport or gain;
(2) Attend an exhibition of the fighting of animals;
(3) Authorize or allow any person to undertake any act described in this section on any premises under his charge or control; or
(4) Aid or abet any such acts.
Except as provided in subsection (b), any person who violates any provision of this subsection is guilty of a Class 1 misdemeanor.
(b) Any person who violates any provision of subsection (a) in combination with one (1) or more of the following is guilty of a Class 6 felony:
(1) When a dog is one (1) of the animals;
(2) When any device or substance intended to enhance an animal's ability to fight or to inflict injury upon another animal is used, or possessed with intent to use it for such purpose;
(3) When money or anything of value is wagered on the result of such fighting;
(4) When money or anything of value is paid or received for the admission of a person to a place for animal fighting;
(5) When any animal is possessed, owned, trained, transported, or sold with the intent that the animal engage in an exhibition of fighting with another animal; or
(6) When he permits or causes a minor to (i) attend an exhibition of the fighting of any animals or (ii) undertake or be involved in any act described in this subsection.
(c) (1) Any animal control officer, shall confiscate any animal that he determines has been, is, or is intended to be used in animal fighting and any equipment used in training such animal or used in animal fighting.
(2) Upon confiscation of an animal, the animal control officer shall petition the appropriate court for a hearing for a determination of whether the animal has been, is, or is intended to be used in animal fighting. The hearing shall be not more than ten (10) business days from the date of the confiscation of the animal. If the court finds that the animal has not been used, is not used and is not intended to be used in animal fighting, it shall order the animal released to its owner. However, if the court finds probable cause to believe that the animal has been, is, or is intended to be used in animal fighting, the court shall order the animal forfeited to the locality unless the owner posts bond in surety with the locality in an amount sufficient to compensate the locality for its cost of caring for the animal for a period of nine (9) months. He shall post additional bond for each successive nine-month period until a final determination by the trial court on any criminal charges brought pursuant to subsection (a) or (b).
(3) Upon a final determination of guilt by the trial court on criminal charges brought pursuant to subsections a or b, the court shall order that the animal be forfeited to the locality. Upon a final determination of not guilty by the trial court on the underlying criminal charges, a confiscated animal shall be returned to its owner and any bond shall be refunded to him.
(d) Any person convicted of violating any provision of subsection (a) or (b) shall be prohibited by the court from possession or ownership of companion animals or cocks.
(e) In addition to fines and costs, the court shall order any person who is convicted of a violation of this section to pay all reasonable costs incurred in housing, caring for, or euthanizing any confiscated animal. If the court finds that the actual costs are reasonable, it may order payment of actual costs.
(f) The provisions of this section shall not apply to any law-enforcement officer in the performance of his duties. This section shall not prohibit (i) authorized wildlife management activities or hunting, fishing, or trapping authorized under any title of the Code of Virginia or regulations promulgated thereto or (ii) farming activities authorized under Code of Virginia, title 3.2 or regulations promulgated thereto.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6571.
Article VI. - Animals#
Sec. 6-78. - Leaving maimed, diseased, etc., animal in street or other public place.#
It shall be unlawful and a Class 3 misdemeanor for any person owning or having in custody any maimed, diseased, disabled or infirm animal to leave it to lie or be in a street, road or public place.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 18.2-394.
Sec. 6-79. - Care of companion animals by owner.#
(a) Each owner shall have the duty to provide, for each of such owner's companion animals:
(1) Adequate feed and adequate water;
(2) Adequate shelter that is properly cleaned;
(3) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species and weight;
(4) Veterinary care when needed or to prevent suffering or disease transmission;
(5) Adequate care, treatment, and transportation; and
(6) Adequate exercise.
(b) The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment with respect to animals contained therein.
(c) Violation of this section is a Class 4 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6503.
Sec. 6-80. - Care required of dealers and pet shops.#
It shall be unlawful and a Class 3 misdemeanor for any dealer or owner or operator of a pet shop to fail to adequately house, feed, water, exercise and care for animals in his or her possession or custody. Animals not so provided for shall be subject to seizure and impoundment and, upon conviction of such dealer, owner or operator of violating this section, such animals may be sold or euthanized as provided by section 6-29. Any funds that result from such sale shall be used first to pay the costs of the city for the impoundment and disposition of the animals and any funds remaining shall be paid to the owner, if known. In the event that the owner is not found, the remaining funds shall be paid into the city treasury.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6511.
Sec. 6-81. - Care of animals being transported.#
(a) No owner, railroad or other common carrier, when transporting any animal, shall allow that animal to be confined in any type of conveyance for more than twenty-four (24) consecutive hours, without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal; provided, however, that a reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal, depending upon the particular type and species of animal.
(b) No person shall carry or cause to be carried, in or upon any vehicle, vessel or other conveyance, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering.
(c) No person being the owner of such animal shall permit such acts to be done by another.
(d) Violation of any provision of this section shall constitute a Class 1 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, §§ 3.2-6508 and 3.2-6570.
Sec. 6-82. - Importing or exporting puppy, for purpose of sale, without dam.#
No person shall import into this city, nor export from this city, for the purpose of sale or offering for sale, any unweaned mammalian companion animal or any dog or cat under the age of seven (7) weeks, without its dam or queen. Violation of this section shall constitute a Class 1 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6510.
Sec. 6-83. - Sale of baby fowl in certain quantities prohibited.#
(a) No person shall sell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device, in quantities of less than six (6), any living chicks, ducklings or other fowl under two (2) months old.
(b) A violation of this section shall constitute a Class 3 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6510.
Sec. 6-84. - Misrepresentation of animal's condition.#
(a) No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal. However, sale of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is clinically ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the animal.
(b) A violation of this section shall constitute a Class 3 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6509.
Sec. 6-85. - Abandonment of animal.#
(a) No person shall abandon any animal. Abandoned, for the purposes of this section, is defined as deserting, forsaking or intending to absolutely give up an animal, without securing another owner or without providing the necessities set out in section 6-79.
(b) A violation of this section shall constitute a Class 3 misdemeanor.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6504.
Sec. 6-86. - Procedure when animals left unclaimed with veterinarian or boarding kennel.#
Any animal not claimed by its owner from a licensed veterinarian or boarding kennel within fourteen (14) days after a letter of notice has been sent to the owner, if found, by the veterinarian or boarding kennel, may be sold by the veterinarian or boarding kennel. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this article. Any expense incurred by the veterinarian or boarding kennel becomes a lien on the animal and the proceeds of the sale shall first be used to discharge this lien. Any balance of the proceeds shall be paid over to the owner; provided, however, that if the owner cannot be found within the next ensuing thirty (30) days, the balance shall be paid to the city treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6520.
Sec. 6-87. - Rights of veterinarian as to sick or injured animal when owner cannot be located.#
If a licensed veterinarian is called, or by his or her own action comes upon an animal that is sick or injured and the owner of such animal cannot be immediately located, then the licensed veterinarian, in his or her professional judgment, may treat, hospitalize or euthanize the animal, without the permission of the owner. In no event shall a licensed veterinarian who has properly exercised professional judgment regarding such an animal be subject to liability for his or her actions.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6507.
Sec. 6-88. - Investigation of complaint of violation of article; corrective action.#
(a) Upon receiving a complaint of a suspected violation of this chapter, the animal control officer or any law enforcement official may, for the purpose of investigating the allegations of the complaint, enter upon, during business hours, the premises of any pet shop, dealer in companion animals, groomer, or boarding establishment, and upon obtaining a warrant as provided for in Code of Virginia, § 3.2-6568, upon any other premises where the animal or animals described in the complaint are housed or kept. The commonwealth's attorney and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations.
(b) If the investigation provided for in this section discloses that a violation of section 6-79 has occurred, the investigator shall notify the owner or custodian of the complaint and of what action is necessary to comply with this article. The owner or custodian shall have a maximum of forty-eight (48) hours in which to take corrective action. If, at the end of that period, corrective action has not been taken, legal action shall be instituted.
(c) This section shall not apply to sections 6-75, 6-76 and 6-77, and investigations and prosecutions for violations of those sections shall be handled as they are for violations of other ordinances of the city.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6564.
Sec. 6-89. - Impoundment of animals when article violated.#
When the animal control officer, any law enforcement official or a licensed veterinarian finds that an apparent violation of this chapter has rendered an animal in such a condition as to constitute a direct and immediate threat to its life, safety or health, which the owner or custodian has failed or refuses to remedy, the animal control officer, law enforcement official or licensed veterinarian may impound the animal in a facility which will provide the elements of good care set forth in section 6-79, and shall then proceed to take such steps as are required to dispose of the animal pursuant to Code of Virginia, § 3.2-6569.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6565.
Sec. 6-90. - Impoundment records.#
An animal control officer, law enforcement officer, humane investigator or custodian of any pound or animal shelter, upon taking custody of any animal in the course of his official duties, or any representative of a humane society, upon obtaining custody of any animal on behalf of the society, shall immediately make a record of the matter. Such record shall include:
(1) The date on which the animal was taken into custody;
(2) The date of the making of the record;
(3) A description of the animal including the animal's species, color, breed, sex, approximate age and approximate weight;
(4) The reason for taking custody of the animal and the location where custody was taken;
(5) The name and address of the animal's owner, if known;
(6) Any license or rabies tag, tattoo, collar or other identification number carried by or appearing on the animal; and
(7) The disposition of the animal.
Records required by this subsection shall be maintained for at least five (5) years, and shall be available for public inspection upon request.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6548.
Sec. 6-91. - Sale or gift of animals released from pound or shelter generally.#
(a) Except as otherwise permitted under this chapter, no animal impounded at the city's pound shall be sold or given away other than by sale or gift directly to federal agencies, state supported institutions, agencies of the Commonwealth of Virginia, agencies of other states, or by delivery to dealers licensed by federal, state or local authorities, or by delivery to a local humane society shelter or to any person who will pay the required license fee, if any, on such animal. Any proceeds deriving from the gift, sale or delivery of such animals shall be paid directly to the city treasurer and no part of such proceeds shall accrue to any individual.
(b) The board of directors of an incorporated humane society shall determine the method of disposition of animals released by its animal shelter in accordance with the provisions of Code of Virginia, § 3.2-6546. Any proceeds deriving from the gift, sale or delivery of such animals shall be paid directly to the clerk or treasurer of the humane society for the expenses of the society and expenses incident to any agreement concerning the disposing of such animals and no part of such proceeds shall accrue to any individual except for such purposes. Humane societies shall keep accurate records of animals handled. Records shall include a description of the animal including color, breed, sex, approximate weight, reason for bringing in, age, owner's or finder's name, address and telephone number, license number or other identifying tags or markings, as well as disposition of the animal.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, §§ 3.2-6546 and 3.2-6569.
Sec. 6-92. - Animal control officer not to sell or give animals to dealers, pet shops, etc.#
The animal control officer and such control officer's representatives shall not give or sell, or negotiate for the gift or sale, to a pet shop, dealer or research facility, of any animal which may come into his or her custody in the course of carrying out his or her official assignments.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6557.
Sec. 6-93. - Animal control officer not to be licensed as dealer.#
The animal control officer shall not be granted a dealer's license and each application for such license shall include a statement made under oath that neither the applicant nor any member or employee of the firm, partnership or corporation making application is the animal control officer.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6557.
Sec. 6-94. - Sterilization of adopted dogs and cats; enforcement; sterilization agreements; civil penalties.#
(a) Every new owner of a dog or cat adopted from a releasing agency shall cause to be sterilized the dog or cat pursuant to the agreement required by subsection (b)(2) of this section.
(b) A dog or cat shall not be released for adoption from a releasing agency unless:
(1) The animal has already been sterilized; or
(2) The individual adopting the animal signs an agreement to have the animal sterilized by a licensed veterinarian (i) within thirty (30) days of the adoption, if the animal is sexually mature, or (ii) within thirty (30) days after the animal reaches six (6) months of age, if the animal is not sexually mature at the time of adoption.
(c) A releasing agency may extend for thirty (30) days the date by which a dog or cat must be sterilized on presentation of a written report from a veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and the releasing agency may negotiate the terms of an extension of the date by which the animal must be sterilized.
(d) Any agreement used by a releasing agency under this section shall contain:
(1) The date of the agreement;
(2) The names, addresses, and signatures of the releasing agency and the new owner;
(3) A description of the dog or cat to be adopted;
(4) The date by which the dog or cat is to be sterilized; and
(5) A statement printed in conspicuous, bold print, that sterilization of the dog or cat is required under this section; that a person who violates this section is subject to a civil penalty; and that the new owner may be compelled to comply with the provisions of this section.
(e) Each new owner who signs a sterilization agreement shall, within seven (7) days of the sterilization, cause to be delivered or mailed to the releasing agency written confirmation signed by the veterinarian who performed the sterilization. The confirmation shall briefly describe the dog or cat; include the new owner's name and address; certify that the sterilization was performed; and specify the date of the procedure.
(f) If an adopted dog or cat is lost or stolen or dies before the animal is sterilized and before the date by which the dog or cat is required to be sterilized, the new owner shall, within seven (7) days of the animal's disappearance or death, notify the releasing agency of the animal's disappearance or death. Any person who violates this subsection shall be subject to a civil penalty of twenty-five dollars ($25.00).
(g) This section shall not apply to:
(1) An owner reclaiming his dog or cat from a releasing agency; and
(2) The city pound for animals disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or licensed federal dealer having its principal place of business located within the commonwealth.
(h) A releasing agency may charge and collect from the new owner a deposit before releasing a dog or cat for adoption to ensure sterilization. The deposit charged by the city pound shall be forty dollars ($40.00) per dog and twenty-five dollars ($25.00) per cat. The deposit shall be refunded upon proof that the adopted dog or cat has been sterilized.
(i) Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the releasing agency, and the new owner.
(j) Upon the petition of an animal control officer, humane investigator, the state veterinarian or state veterinarian's representative to the district court of the city where a violation of this section occurs, the court may order the new owner to take any steps necessary to comply with the requirements of this section. This remedy shall be exclusive of and in addition to any civil penalty which may be imposed under this section.
(k) Any person who violates subsection (a), (b), (d), or (e) of this section shall be subject to a civil penalty of fifty dollars ($50.00).
(l) Any animal control officer, humane investigator, the state veterinarian or state veterinarian's representative shall be entitled to bring a civil action for any violation of this section.
ARTICLE IV. - RABIES CONTROL#
Footnotes:#
(3) ---
State Law reference— Rabies control, Code of Virginia, § 3.2-6525.
Sec. 6-121. - Vaccination of dogs and cats.#
(a) It shall be unlawful for any person to own, keep, hold, or harbor any dog or cat over the age of four (4) months within the city, unless such dog or cat shall have been vaccinated with a rabies vaccine approved by the state department of health and the vaccination is not beyond the expiration date for such vaccination. The vaccination shall be administered by a licensed veterinarian.
(b) At the time of vaccination a certificate of vaccination shall be issued by the veterinarian. A suitable and distinctive rabies tag and a certificate of vaccination shall be issued by the veterinarian to the animal's owner. The certificate shall certify that the animal in question has been vaccinated in accordance with this section. Such certificate shall show the date of vaccination, a rabies collar tag number, the date of required immunization, a brief description of the animal, and its sex and breed, and the name of the owner. The collar tag shall be affixed to the dog's collar and shall be worn at all times when the dog is not on the owner's property or in the immediate control of a responsible person.
(c) The certificate issued under this section shall be carefully preserved by the owner or custodian of the animal and exhibited promptly upon request for inspection by any animal control officer, a public health officer, or any law enforcement officer.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6521.
Sec. 6-122. - Report of existence of rabid animals.#
Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the city health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6522.
Sec. 6-123. - Emergency ordinance requiring confinement or restraint of dogs when rabid animal at large.#
When there is sufficient reason to believe that a rabid animal is at large, the city council shall have the power to pass an emergency ordinance, which shall become effective immediately upon passage, requiring owners of all dogs in the city to keep the same confined on their premises, unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten thereby. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed thirty (30) days, unless renewed by the city council.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6522.
Sec. 6-124. - Confinement or destruction of dogs showing signs of or suspected of having rabies.#
Dogs showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If confinement is impossible or impractical, such dog shall be destroyed.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6522.
Sec. 6-125. - Destruction or confinement of dog or cat exposed to rabies.#
Any dog or cat, for which no proof of current rabies vaccination is available, and which is exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal believed to be afflicted with rabies, shall be confined in a pound, kennel or enclosure approved by the health department for a period not to exceed six (6) months at the expense of the owner; however, if this is not feasible, the dog or cat shall be euthanized by one (1) of the methods approved by the state veterinarian as provided in Code of Virginia, § 3.2-6546. A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of confinement. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of a valid rabies vaccination, shall be revaccinated immediately following the bite and shall be confined to the premises of the owner, or other site as may be approved by the local health department, for a period of forty-five (45) days. The location of confinement shall be as determined by the animal control officer.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Code of Virginia, § 3.2-6522.
Sec. 6-126. - Confinement or destruction of animal which has bitten person.#
(a) At the discretion of the director of health, any animal which has bitten a person shall be confined under competent observation for ten (10) days, unless the animal develops active symptoms of rabies or expires before that time; provided that a seriously injured or sick animal may be humanely euthanized and its head sent to the local health department for evaluation.
(b) In the event that the owner of an animal which has bitten a person is unable to establish to the satisfaction of the health officer that such animal has been vaccinated with rabies vaccine, such animal shall be confined for ten (10) days under the observation of a licensed veterinarian in a facility approved by the director of health, or in the animal shelter operated by the City of Hopewell, at the expense of the owner. The fee for confinement in the city animal shelter shall be at the rate of six dollars ($6.00) per day.
(Ord. No. 2009-20, 10-13-09)
State Law reference— Rabid animals, Code of Virginia, §§ 3.2-6522 and 3.2-6540.