Showing posts with label State law. Show all posts
Showing posts with label State law. Show all posts

Sunday, January 13, 2013

Gloucester, VA - Board of Supervisors Hear Arguments To Change Animal Control Laws

http://gloucester.granicus.com/MediaPlayer.php?view_id=2&clip_id=340&meta_id=22043

The above is a link to the recent Gloucester County, VA Board of Supervisor's meeting held on January 2nd, 2013.  At one hour and twenty minutes into the video, Steve Baranek comes into the room to speak on behalf of Carl (Chuck) Shipley announcing overhauling Animal Control Codes.

The following is re printed from the Gloucester County web site regarding this.


GLOUCESTER COUNTY MEETING DATE: January 2, 2013
BOARD OF SUPERVISORS AGENDA ITEM# :  IX – B
BOARD AGENDA ITEM
TYPE OF AGENDA ITEM: PURPOSE OF ITEM:
□ MINUTES OR CONSENT □ INFORMATION ONLY
□ PRESENTATIONS & REPORTS □ DISCUSSION ONLY
X  REGULAR □DISCUSSION AND/OR DECISION
□ ADMINISTRATOR/ATTORNEY ITEMS X  Resolution □Bylaws
□  PUBLIC HEARING □Ordinance □Grant/MOU
□Duly Advertised □By Motion
PRESENTERS: Carl Shipley TITLE:  Chief Animal Control Officer
Ted Wilmot  County Attorney
AGENDA ITEM:  Request for public hearing to consider amendments to Chapter 3 of the
Gloucester County Code, Animals and Fowl.
BACKGROUND / SUMMARY:

Chapter  3 of  the County Code, governing animal welfare and control, was last amended in 2009.
Since that time, State law governing  local regulation of  animal welfare and control has been
amended.  Attached for consideration is an ordinance amending Chapter 3 of the County Code to
reflect those changes in State law, and to more closely track the language of State enabling
legislation for local provisions governing animal welfare and control.  The proposed amendments to
Chapter 3 include:  adding the definition of farming activity to Section 3-2; amending Section 3-15
(care  of companion animals; penalties); adding Section  3-15.1 (care of agricultural animals;
penalties);  and  amending Section 3-19 (seizure and impoundment of animals),  Section 3-38
(dangerous and vicious dogs), and Article III (Rabies Control), to reflect recent State law changes,
and to more closely track the language of State enabling legislation.

ATTACHMENTS:
• Public Hearing Notice; and
• Draft Ordinance to amend Chapter 3 of the Gloucester County Code
• Resolution Authorizing the Clerk to Advertise a Public Hearing;
REQUESTED ACTION: □ NO ACTION REQUESTED
Set public  hearing for  Tuesday,  February 5, 2013 to receive public comment regarding
proposed amendments to Gloucester County Code Chapter 3, Animals and Fowl.
FOR MORE INFORMATION, CONTACT:
Name: Carl Shipley cshipley@gloucesterva.info Phone#:  804.693.5290
Ted Wilmot Mailing Address:  P. O. Box 1309, Gloucester, VA      Phone#: 804.693.5575
FOR USE DURING MEETING:    VOTE:   □APPROVAL □DENIAL
Y N Y N Y N
□ □ Borden □ □ Hutson □ □ Northstein
□ □ Chriscoe □ □ Orth  □ □ Theberge
□ □ James
January 2012 Note:  Please confine summary to one page.

                                                                                                                                                                             
                                                                                                                                                                            

The following is the new proposed codes re printed from the Gloucester County Info web site.

                                                                                                                                                                            
                                                                                                                                                                            


PUBLIC HEARING NOTICE
Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public
Hearing on Tuesday, February 5, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main
Street Gloucester, Virginia to consider the following:
AN ORDINANCE AMENDING GLOUCESTER
COUNTY CODE CHAPTER 3 – ANIMALS AND FOWL
The Gloucester County Board of Supervisors has been made aware that amendments to Chapter 3
are deemed appropriate due to recent changes to State law.  The Board will hold a public hearing to
hear public comment concerning the proposed amendment of Chapter 3 at its meeting of Tuesday,
February 5, 2013.
The proposed amendments to Chapter 3 include:  adding the definition of farming activity to Section
3-2; amending Section 3-15 (care of companion animals; penalties); adding Section 3-15.1 (care of
agricultural animals; penalties); and amending Section 3-19 (seizure and impoundment of animals),
Section 3-38 (dangerous and vicious dogs), and Article III (Rabies Control) to reflect recent State law
changes, and to more closely track the language of State enabling legislation.
A complete copy of  documents concerning  this matter is available and may be reviewed at the
Gloucester  County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at
www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920
Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Gloucester
Point, Virginia.
All interested parties are invited to attend the hearing to express their views.  Persons requiring
assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804)
693-4042.
Brenda G. Garton
County AdministratorAT A  REGULAR  MEETING OF THE BOARD OF SUPERVISORS OF
GLOUCESTER COUNTY, VIRGINIA, HELD ON  TUESDAY, FEBRUARY 5,
2013, AT 8:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN
STREET, GLOUCESTER, VIRGINIA:  ON A MOTION MADE BY
_______________, AND SECONDED BY ____________________, THE FOLLOWING
ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:
Carter M. Borden, ___;
Ashley C. Chriscoe, ___;
Christopher A. Hutson, ___;
Andrew James, Jr., ___;
John H. Northstein, ___;
Robert J. Orth, ___;
Louise D. Theberge, ___;
AN ORDINANCE AMENDING GLOUCESTER
COUNTY CODE CHAPTER 3 – ANIMALS AND FOWL
WHEREAS, the provisions of Gloucester County’s Code governing animal
welfare and control are contained in Gloucester County Code Chapter 3; and
WHEREAS, recent changes to State law make appropriate amendments
to  Chapter 3.   The proposed amendments include:  adding the definition of
farming activity to Section 3-2; amending Section 3-15 (care of companion
animals); adding Section  3-15.1 (care of agricultural animals;  penalties);  and
amending Section 3-19 (seizure and impoundment of animals),  Section  3-38
(dangerous and vicious dogs), and Article III (Rabies Control), to reflect recent
State law changes, and to more closely track the language of State enabling
legislation; and
WHEREAS, a duly advertised public hearing was held on February 5,
2013 to receive public comment regarding  the  proposed amendments to
Gloucester County Code Chapter 3 – Animals and Fowl; and
WHEREAS, the Board finds that the amendments are appropriate and is
desirous of amending Chapter 3 of the Gloucester County Code, in accordance
with the provisions which follow.
NOW THEREFORE BE IT ORDAINED AND ENACTED  that the
Gloucester County Code Chapter 3  – Animal Welfare and Control, is hereby
amended as follows:
Chapter 3  ANIMALS AND FOWL WELFARE AND CONTROL
Article I.  In General§ 3-1.   Penalty for violation of Article I.
§ 3-2.   Definitions.
§ 3-3.   Duties and authority of animal control officers.
§ 3-4.   Animals and fowl prohibited to be at large upon, or to
graze alongside of, any
public street or highway.
§ 3-5.   Property line constitutes lawful fence as to certain
animals.
§ 3-6.   When unlawful for animals to run at large.
§ 3-7.   Maintenance of animals and fowl.
§ 3-8.   Prohibition of keeping or exhibiting  wild, exotic,
venomous, or poisonous animals within the County of
Gloucester.
§ 3-9.   Infectious or contagious diseases among animals and
poultry; duty of owners
and custodians; procedure for establishing quarantine.
§ 3-10.  Same--Transporting or conveying custody or possession of
animal or fowl
exposed to disease.
§ 3-11.  Notification by individuals finding companion animals.
§ 3-12.  Releasing agencies registration required.
§ 3-13.  Cruelty to animals.
§ 3-14.  Use of fireworks causing injury to animals.
§ 3-15.  Failure to perform duties of ownership; Care of
companion animals; penalty.
§ 3-15.1  Care of agricultural animals; penalty
§ 3-15.12.  Abandonment of animals.
§ 3-16.  Allowing animals to defecate on public property or on
private property of other
persons.
§ 3-17.  Animals riding in open vehicles.
§ 3-18.  Animals in enclosed vehicles.
§ 3-19.  Seizure and impoundment of animals.
§ 3-20.  Impoundment and redemption of livestock found at large.
§ 3-21.  Casting carcass in road; disposition of carcasses.
§ 3-22.  Bird sanctuaries.
§ 3-23--3-27.  Reserved.
Article II.  Dogs
Division 1.  Generally§ 3-28.  Animal control officer and deputies to enforce article and
applicable provisions of state dog laws.
§ 3-29.  Penalty for violation of Article II.
§ 3-30.  License required; unlicensed dogs prohibited.
§ 3-31.  Amount of license tax, kennel tax; exemptions.
§ 3-32.  When license tax due and payable.
§ 3-33.  Certification of inoculation or vaccination prerequisite for
issuance of license.
§ 3-34.  Issuance and design of license tag; required wearing of
tag.
§ 3-35.  Payment of license tax subsequent to summons.
§ 3-36.  Effect of dog not wearing collar bearing metal license tag
as evidence.
§ 3-37.  Impoundment and redemption of dogs found at large
without metal license tag.
§ 3-38.  Dangerous and vicious dogs.
§ 3-39.  Nuisance animals.
§§ 3-40--3-45.  Reserved.
Division 2.  Dogs Running at Large in Certain Areas
§ 3-46.  Running at large--Prohibited in regulated areas.
§ 3-47.  Official schedule of restricted areas for dogs running at
large.
§ 3-48.  Reserved.
Division 3.  Commercial Dog Breeding Operations
§ 3-48.1.   Business license required.
§ 3-48.2.   Commercial dog breeding; requirements.
§ 3-48.3.   Right of entry.
§ 3-48.4.  Concurrent operation of releasing agency prohibited.
§ 3-48.5.   Penalty.
§§ 3-49--3-50.  Reserved.
Article III.  Rabies Control
§ 3-51.  Vaccination or inoculation against rabies required.
§ 3-52.  Certificate of inoculation or vaccination to be issued.
§ 3-53.  Emergency ordinance requiring confinement or restraint of
dogs and cats when rabid animal at large.§ 3-54.  Report of existence of rabid animals.
§ 3-55.  Reporting of animal bites.
§ 3-56.  Confinement or destruction of dogs, cats, or any other
animals showing signs of or suspected of having rabies.
§ 3-57.  Destruction or confinement of dog, cat, or any other
animal bitten by a rabid
animal.
§ 3-58.  Confinement or destruction of animal which  has bitten
may have exposed a person.
§ 3-59.  Concealing or harboring an animal to prevent its
destruction or confinement
under article.
§ 3-60.  Penalty for violation of Article III.
ARTICLE I.  IN GENERAL
Sec. 3-1.  Penalty for violation of Article I.
Unless otherwise specified, a violation of this article shall be deemed a Class 3
misdemeanor and a warrant for the violation may be obtained by an animal
control officer or sheriff's deputy.
Sec. 3-2.  Definitions.
The following words as used in this chapter shall have the following meanings:
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 sections 3-15 or 3-15.1 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 that 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; is properly cleaned;
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:
(1) Permit the animals' feet to pass through the openings;
(2) Sag under the animals' weight; or
(3) 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:
(1) Easily stand, sit, lie, turn about, and make all other normal body
movements in a comfortable, normal position for the animal; and
(2) 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 that is provided in a suitable manner, in sufficient
volume, and at suitable intervals, appropriate for the weather and temperature,
to maintain normal hydration for 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 that 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 a cat, or any other
companion animal, from a releasing agency to an individual.
Agricultural animals mean 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 III, animal means any species susceptible to rabies. For the purposes
of section 3-13, 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 appointed as an animal control officer or
deputy animal control officer.
Animal shelter means a facility, other than a private residential dwelling and its
surrounding grounds, that is used to house or contain animals and that is
owned, operated, or maintained by a nongovernmental entity including, but not
limited to, a humane society, animal welfare organization, society for the
prevention of cruelty to animals, or any other organization operating for the
purpose of finding permanent adoptive homes for 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 twelve-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
that 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.
Dangerous dog means a canine or canine crossbreed that has bitten, attacked,
or inflicted injury on a person or  companion animal that is a dog or cat, or
killed a companion animal that is a dog or cat. However, when a dog attacks or
bites a companion animal that is a dog or cat, the attacking or biting dog shall
not be deemed dangerous:
(1) If no serious physical injury as determined by a licensed
veterinarian has occurred to the dog or cat as a result of the attack or
bite;
(2) If both animals are owned by the same person;
(3) If such attack occurs on the property of the attacking or biting
dog's owner or custodian; or
(4) For other good cause as determined by the court.
No dog shall be found to be a dangerous dog as a result of biting, attacking, or
inflicting injury on a dog or cat while engaged with an owner or custodian as
part of lawful hunting or participating  in an organized, lawful dog-handling
event. No dog that has bitten, attacked, or inflicted injury on a person shall be
found to be a dangerous dog if the court determines, based on the totality of
the evidence before it, that the dog is not dangerous or a  threat to the
community.Dealer means any person who, in the regular course of business for
compensation or profit, buys, sells, transfers, exchanges, or barters companion
animals. The following shall not be considered dealers:
(1) Any person who transports companion animals in the regular
course of business as a common carrier; or
(2) Any person or organization whose primary purpose is to find
permanent adoptive homes for companion animals.
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,
street, or on the property of another.
Emergency veterinary treatment means veterinary treatment to stabilize a lifethreatening 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 that 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 of Agriculture.
Exotic animal means any live monkey (nonhuman primate), raccoon, skunk,
wolf, wolf-canine hybrid, squirrel, fox, and other nondomesticated porcine,
leopard, tiger, lion, panther, or any other similar warm-blooded animal,
venomous reptile to include, but not limited to: coral snakes, rattlesnakes,
cottonmouth snakes, vipers and cobras, sea snakes, gila monsters, mexican
beaded lizards, or nonvenomous reptiles six (6) feet or longer in length which
can normally be found in the wild; all constrictor-type snakes, poisonous
arachnids to include, but not limited to: black widow spiders, brown recluse
spiders, scorpions, poisonous amphibians to include, but not limited to: poison
arrow frogs or any member of the crocodilian family including, but not limited
to: alligators, crocodiles, caimans, and gavials; or any other animal that would require a standard of care and control greater than that required for customary
household pets sold by commercial pet shops or domestic farm animals.
Ferrets and birds which are normally purchased through pet stores,
nonpoisonous reptiles less than six (6) feet in length, domestic rabbits,
domestic rodents which have been bred in captivity and have not been kept in
the wild, shall be excluded from the definitions of wild and exotic animals.
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.
Farming activity means, consistent with standard animal husbandry
practices, the raising, management, and use of agricultural animals to
provide food, fiber, or transportation and the breeding, exhibition, lawful
recreational use, marketing, transportation, and slaughter of agricultural
animals pursuant to such purposes.
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
where, 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.
Health director means an employee of the Virginia Department of Health with
authority to enforce the regulations promulgated by the State Board of Health.
Home-based rescue means any person or organization that accepts:
(1) More than twelve (12) companion animals; or
(2) 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 section 3.2-6558 of the Code of
Virginia.
Humane society means any incorporated, nonprofit organization that is
organized for the purposes of preventing cruelty to animals and promoting
humane care and treatment or adoption 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.
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 section 3.2-2600 of the Code of Virginia; 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.
Local ordinance means any law, rule, regulation, or ordinance promulgated by
the governing body of the county.
Locality or local government means a county, city or town, as the context may
require.
New owner means an individual who is legally competent to enter into a
binding agreement pursuant to subdivision B2 of section 3.2-6574 of the Code
of Virginia, and who adopts or receives a dog or cat from a releasing agency.
Owner means any person who:
(1) Has a right of property in an animal;
(2) Keeps or harbors an animal;
(3) Has an animal in his care; or
(4) Acts as a custodian of an animal.
Person means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
Pet shop means an establishment where companion animals are bought, sold,
exchanged, or offered for sale or exchange to the general public.Poisonous and/or venomous animal shall mean any animal, fowl, reptile or
amphibian that causes injury, illness or death by chemical means.
Poultry includes all domestic fowl and game birds raised in captivity.
Pound means a facility operated by the commonwealth or any locality,
including Gloucester County, 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 locality 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:
(1) 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;
(2) The primary enclosure is sanitized with sufficient frequency to
minimize odors and the hazards of disease; and
(3) 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
facility; and to promote the well-being of the animals.
Properly lighted, when referring to a private residential dwelling and its
surrounding grounds, means sufficient illumination to permit routine
maintenance and cleaning thereof, and observation of the companion animals;
and to provide regular diurnal lighting cycles of either natural or artificial light
to promote the well-being of the animals.
Releasing agency  means a pound, animal shelter, humane society, animal
welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue, that releases companion animals for
adoption.
Research facility means any place, laboratory, or institution licensed by the
U.S. Department of Agriculture at which scientific tests, experiments or
investigations involving the use of living animals are carried out, conducted, or
attempted.
Sanitize means to make physically clean and to remove and destroy, to a
practical minimum, agents injurious to health.
Sore means, when referring to an equine, that an irritating or blistering agent
has been applied, internally or externally, by a person to any limb or foot of an
equine; any burn, cut, or laceration that has been inflicted by a person to any
limb or foot of an equine; any tack, nail, screw, or chemical agent that has
been injected by a person into or used by a person on any limb or foot of an
equine; any other substance or device that has been used by a person on any
limb or foot of an equine; or a person has engaged in a practice involving an
equine, and as a result of such application, infliction, injection, use or practice,
such equine suffers or can reasonably be expected to suffer, physical pain or
distress, inflammation or  lameness when walking, trotting, or otherwise
moving, except that such term does not include such an application, infliction,
injection, use, or practice in connection with the therapeutic treatment of an
equine by or under the supervision of a licensed veterinarian. Notwithstanding
anything contained herein to the contrary, nothing shall preclude the shoeing,
use of pads, and use of action devices as permitted by 9 C.F.R., Part 11.2.
State veterinarian means the veterinarian employed by the commissioner of
agriculture and consumer services as provided in section 3.2-5901 of the Code
of Virginia.
State veterinarian's representative means any person who is either: (i) an
employee of the department of agriculture and consumer services who is under
the direction of the state veterinarian; or (ii) a veterinarian deputized pursuant
to section 3.2-5901 of the Code of Virginia.
Sterilize or sterilization means a surgical or chemical procedure performed by a
licensed veterinarian that renders a dog or cat permanently incapable of
reproducing.
Treatment or adequate treatment means the responsible handling or
transportation of animals in the person's ownership, custody or charge,
appropriate for the age, species, condition, size and type of the animal.Veterinary treatment means treatment by or on the order of a duly licensed
veterinarian.
Vicious dog means a canine or canine crossbreed that has:
(1) Killed a person;
(2) Inflicted serious injury to a person, including multiple bites,
serious disfigurement, serious impairment of health, or serious
impairment of a bodily function; or
(3) Continued to exhibit the behavior that resulted in a previous
finding by a court or, on or before July 1, 2006, by an animal control
officer as authorized by local ordinance, that it is a dangerous dog,
provided that its owner has been given notice of that finding.
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.
Wild animal means any warm-blooded animal that can normally be found in
the wild state.
Sec. 3-3.  Duties and authority of animal control officers.
(a) By authority of the board of supervisors, the county shall employ
an animal control officer and one (1) or more deputy animal control
officers who shall have the power to enforce this entire chapter and all
state laws enacted for animal control and protection.
(b) The animal control officer and deputy animal control officers shall
have a working knowledge of this chapter and of animal control and
protection laws of Virginia which they are required to enforce. When in
uniform or upon displaying a badge or other credentials of office, the
animal control officers and deputy animal control officers shall have the
power to issue a summons or obtain a felony warrant as necessary,
providing the execution of such warrant shall be carried out by any law
enforcement officer as defined in section 9.1-101 of the Code of Virginia,
to any person found in the act of violating any such law or any ordinance
enacted pursuant to such law of the county in which the animal control
officer or deputy animal control officer is appointed.
(c) Whenever the term "animal control officer" is used in this chapter,
it shall mean the animal control officer appointed and employed pursuant to this section or any duly employed deputy animal control
officer.
(d) Nothing in this section shall be construed to prevent the issuance
of a warrant for any violation of this chapter based upon the complaint of
any citizen or any law enforcement officer and upon a finding of probable
cause by an officer authorized to issue arrest warrants generally.
(e) Every animal control officer and deputy animal control officers
shall complete the training required by section 3.2-6556 of the Code of
Virginia. Such training shall include, and be completed within two (2)
years after appointment, a basic animal control course that has been
approved by the state veterinarian which shall include training in
recognizing suspected child abuse and neglect and information on how
complaints may be filed. Thereafter, all animal control officers shall
complete such additional training as may be required by the Code of
Virginia. The county shall submit to the state veterinarian, on a form
provided by him, information concerning the employment and training
status of the animal control officers employed by the county. The state
veterinarian may require that the county notify him of any change in
such information.
(f) No individual shall interfere with an animal control officer in the
legal performance of his or her duties. This includes, but is not limited
to, striking or attempting to strike the animal control officer; providing
the animal control officer with false information; taking or attempting to
take any animal from an animal control officer in the legal performance
of his or her duties; taking or attempting to take any animal from any
property owned or controlled by the county without proper authority or
taking or damaging any county property used in conjunction with the
animal control officer's duties.
(g) It shall be unlawful and shall constitute a Class 2 misdemeanor for
any person to make a false statement to an animal control officer while
in the performance of their duties conducting an investigation.
Sec. 3-4.  Animals and fowl prohibited to be at large upon, or to graze alongside
of, any public street or highway.
It shall be unlawful for any person to permit any animal or fowl owned by him
or in his custody or under his control to run at large upon, or to graze
alongside, any public street or highway, whether such street or highway be
enclosed by fence or not.Sec. 3-5.  Property line constitutes lawful fence as to certain animals.
The boundary line of each lot or tract of land in this county is hereby declared
to be a lawful fence as to any horse, mule, cattle, hog, sheep,  or goat, or
poultry.
Sec. 3-6.  When unlawful for animals to run at large.
It shall be unlawful for the owner or custodian of any animal or type of animal
described in section 3-5 to allow said animal to run at large, as to which the
boundaries of lots or tracts of land have been or may be constituted a lawful
fence, or to allow said animal to run at large beyond the limits of the animal
owner's lands within the county, magisterial district or portion of such county
wherein such boundaries have been constituted and shall be a lawful fence.
Sec. 3-7.  Maintenance of animals and fowl.
(a) Each stable, pen, coop, or other place where any animal or fowl is
kept, shall be maintained at all times in a safe and sanitary condition
and so as not to constitute a nuisance. Solid and liquid waste matter
shall be removed therefrom not less than twice each week, and more
frequently if necessary, to eliminate offensive odors or to prevent
accumulations constituting a hazard to the health or safety of any
person, animal or fowl.
(b) Any person who violates this section shall be guilty of a Class 1
misdemeanor.
Sec. 3-8.  Prohibition of keeping or exhibiting wild, exotic, venomous, or
poisonous animals within the County of Gloucester.
(a) It shall be unlawful for any person to keep, exhibit, or permit to be
kept or exhibited upon any property within the county limits, any wild,
exotic, venomous, or poisonous animal without a permit from an animal
control officer. In no case, however, shall any such wild, exotic,
venomous, or poisonous animal(s) be exhibited, displayed, or kept in
such a manner so as to permit said animal(s) to escape, be at large, or to
otherwise come in direct physical contact with any person unless under
the direct care and control of the handler. The provisions of this section
shall not apply to:
(1) Institutions accredited by the American Zoo and Aquarium
Association (AZA).
(2) Registered nonprofit humane societies.(3) Animal control officers or law enforcement officers acting
under the authority of this article.
(4) Veterinary hospitals or clinics.
(5) Any wildlife rehabilitator licensed by the state.
(6) Any wildlife sanctuary.
(7) Any licensed or accredited research or medical institution.
(8) Any licensed or accredited educational institution.
(9) Any circus, rodeo or tradeshow.
(10) A person temporarily transporting an exotic animal through
the county if the transit time is not more than ninety-six (96)
hours and the animal is at all times maintained within a
confinement sufficient to prevent the exotic animal from escaping.
(b) The owner or custodian of any wild, exotic, venomous, or
poisonous animal shall apply to the animal control department within
ten (10) working days of obtaining an address within the county or in the
case of an exhibition, ten (10) working days prior to the exhibition, for a
permit authorizing the keeping of said animal within the  county limits.
Each applicant for a wild, exotic, venomous, or poisonous animal permit
shall, by affidavit and/or supporting written documentation, provide the
following:
(1) Name and street address of each owner(s)/custodian(s),
eighteen (18) years of age or older;
(2) Location of animal(s) storage facility;
(3) The common and scientific name of the subject animal(s);
(4) The date of acquisition of each animal;
(5) The source of acquisition of each animal;
(6) The sex, age, height and/or length of each animal;
(7) Any identifying marks or numbers unique to each animal;
(8) A statement of understanding signed by the
owner(s)/custodian(s) concerning human exposures in relation to
the current state and local laws involving rabies control;(9) Verifiable documentation that the animal was brought into
the country legally. Proof the animal was purchased from a
reputable dealer or pet store may constitute sufficient proof. The
animal control officer has final authority in determining what
constitutes sufficient proof;
(10) A current veterinarian's certificate confirming the animal is
disease free;
(11) The current phone number and street address of
owner(s)/custodians(s) and animal(s), if storage location differs
from residence of owner(s)/custodian(s);
(12) At least one (1) emergency phone number where
owner(s)/custodian(s) can be contacted in case of emergency;
(13) Proof the owner has a secure pen, cage or enclosure of
sufficient size and strength to provide adequate shelter for the
animal and to reasonably protect the public; and
(14) Where required by section 29.1-542 of the Code of Virginia, a
copy of the special permit from the Virginia Department of Game
and Inland Fisheries.
(c) The permit shall not be transferable and shall be valid through
December 31 of the year of issue and shall be renewed by January 31 of
each subsequent year. Permits for temporary exhibit shall be valid for the
time period specified in the permit. One (1) permit per address will be
required within the County of Gloucester. On the permit shall be listed
each animal held within the county limits as identified in subsection (b).
The County of Gloucester's wild, exotic, venomous, or poisonous animal
permit shall be required in addition to any required federal or state
permits. Information supplied on such permit shall be provided to
relevant county departments as notification for public health and safety
purposes.
No permit for an exotic animal will be issued by the animal control
department unless all required special permits from the Virginia
Department of Game and Inland Fisheries for wolves, coyotes, or birds or
animals otherwise classified by the commission as predatory or
undesirable have been obtained by the owner or custodian of the exotic
animal. It shall be the responsibility of the  owner or custodian of the
exotic animal to provide a valid copy of the special permit to the animal control department at the time the request for local exotic animal permit
is made.
(d) It shall be unlawful to release, or permit to be released, any wild,
exotic, venomous, or poisonous animal(s) into the wild.
(e) The initial fee to cover the cost of the permit issuance shall be fifty
dollars ($50.00) per address. A charge of twenty-five dollars ($25.00) will
be collected for annual permit renewal, the adding of additional animals
to an existing permit, or the duplication of an existing permit.
(f) It shall be unlawful for any person to furnish false information for
the purpose of obtaining a permit pursuant to subsection (b). Any permit
obtained under fraudulent pretenses shall be null and void with any
animals named thereon subject to impoundment by an animal control
officer pending a determination by a court of competent jurisdiction as to
the appropriate disposition of said animal(s). Upon redemption of the
animal, the owner shall pay impoundment fees of fifty dollars ($50.00);
boarding fees of twenty-five dollars ($25.00) per day; and any additional
costs for medical care or treatment.
(g) Any person applying for a wild, exotic, venomous, or poisonous
animal permit shall provide evidence of surety bond or liability insurance
or bond in the amount of fifty thousand dollars ($50,000.00) which
covers incidences or occurrences involving the wild, exotic, venomous, or
poisonous animals.
(h) The animal control officer or his designee may reject an application
for a wild, exotic, venomous, or poisonous animal permit, renewal of a
permit, or the addition of an animal to an existing permit for any of the
following reasons:
(1) Failure to comply with or supply any information required in
subsection (b);
(2) Falsification of any information required in subsection (b);
(3) Previous or current violations of any provisions of this
section;
(4) Previous or current violations of any local, state, or federal
law relating to animals; or
(5) The history or demonstration of a vicious or dangerous
nature of an animal.(i) The animal control officer, or his designee, may revoke a wild,
exotic, venomous, or poisonous animal permit and impound the
animal(s) for any of the following reasons:
(1) Failure to comply with the terms of this section;
(2) Falsification of any information required in subsection (b); or
(3) Violation of any local, state or federal law applicable to
animals.
(j) The permittee shall post a placard provided by the animal control
officer in an area of public view on any premises, building or structure
where the wild, exotic, venomous, or poisonous animal is kept or housed.
Failure to post the placard shall be a violation of this section.
Sec. 3-9.  Infectious or contagious diseases among animals and poultry; duty of
owners and custodians; procedure for establishing quarantine.
(a) It shall be the duty of any person owning or having the custody of
any animal or poultry within the county, upon ascertaining that such
animal or fowl may be afflicted with a contagious or infectious disease, to
forthwith give notice thereof to the health director.
(b) The health director, upon receipt of such notice, shall then cause
an investigation to be made to determine whether quarantine lines
should be established within any part of the county, and upon an
affirmative finding, the health director shall forthwith give notice to the
state veterinarian as to the facts determined by such investigation, for
such action as the state veterinarian may deem appropriate under the
provisions of sections 3.2-6000 through 3.2-6030 of the Code of Virginia.
(c) Any person who violates this section shall be guilty of a Class 1
misdemeanor.
Sec. 3-10.  Same--Transporting or conveying custody or possession of animal
or fowl exposed to disease.
It shall be unlawful for any person to drive, or by any other means, to transport
beyond his own property or to sell, give away, or otherwise convey the
possession or custody of any animal or fowl, knowing or having reason to know
that such animal or fowl has, or has been exposed to, any infectious or
contagious disease; provided, that nothing in this subsection shall be
construed to prohibit the transportation of any animal or fowl to a
veterinarian's office, animal hospital, or other place for care or treatment, or to prohibit the custody of such animal or fowl by a licensed veterinarian or other
person qualified to render care or treatment to such animal or fowl.
Sec. 3-11.  Notification by individuals finding companion animals.
(a) Any individual who finds a companion animal and (i) provides care
or safekeeping, or (ii) retains a companion animal in such a manner as to
control its activities shall, within forty-eight (48) hours:
(1) Make a reasonable attempt to notify the owner of the
companion animal, if the owner can be ascertained from any tag,
license, collar, tattoo, microchip, or other form of identification or
markings, or if the owner of the animal is otherwise known to the
individual; and
(2) Notify the animal control department and inform them where
the companion animal was found and provide contact information,
including a name, a contact telephone number, a description of the
animal, including information from any tag, license, collar, tattoo,
microchip, or other identification or markings, and the location
where the companion animal was found.
(b) If any individual finds a companion animal and (i) provides care or
safekeeping, or (ii) retains a companion animal in such a manner as to
control its activities, the individual shall comply with the provisions of
section 3.2-6503 of the Code of Virginia and section 3-15 of this article.
(c) Any individual who violates this section shall be subject to a civil
penalty not to exceed fifty dollars ($50.00) per companion animal.
Sec. 3-12.  Releasing agencies registration required.
(a) All releasing agencies operating within the county shall register
annually, not later than January 31 of each year, with the animal control
department.
(b) It shall be unlawful for any person, other than a releasing agency
that has registered as such annually with the local animal control
department, to own a dog four (4) months old or older in the county or
state unless such dog is licensed, as required by the provisions of this
chapter.
Sec. 3-13.  Cruelty to animals.
(a) Any person who:(1) Overrides, overdrives, overloads, tortures, ill-treats,
abandons, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly or
unnecessarily beats, maims, mutilates, or kills any animal,
whether belonging to himself or another;
(2) Deprives any animal of necessary food, drink, shelter, or
emergency veterinary treatment;
(3) Sores any equine for any purpose or administers drugs or
medications to alter or mask such soring for the purpose of sale,
show, or exhibition of any kind, unless such administration of
drugs or medications is within the context of a veterinary clientpatient relationship and solely for therapeutic purposes;
(4) Willfully sets on foot, instigates, engages in, or in any way
furthers any act of cruelty to any animal;
(5) 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
(6) Causes any of the above things, or being the owner of such
animal permits such acts to be done by another, shall be guilty of
a Class 1 misdemeanor.
(b) Subsequent violations punishable as a Class 6 felony shall be
charged under section 3.2-6570(B) of the Code of Virginia.
(c) Nothing in this section shall be construed to prohibit the
dehorning of cattle conducted in a reasonable and customary manner.
(d) For the purposes of this section the word animal shall be
construed to include birds and fowl.
(e) This section shall not prohibit authorized wildlife management
activities or hunting, fishing, or trapping as regulated under the other
titles of the Code of Virginia including, but not limited to, Title 29.1, or to
farming activities as provided under Title 3.2 or regulations promulgated
thereunder.
(f) In addition to the penalties provided in subsection (a), the court
may, in its discretion, require any person convicted of a violation of
subsection (a) to attend an anger management or other appropriate
treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the
person convicted.
(g) It is unlawful for any person to kill a domestic dog or cat for the
purpose of obtaining the hide, fur, or pelt of the dog or cat. A violation of
this subsection shall constitute a Class 1 misdemeanor. A second or
subsequent violation of this subsection shall be charged under section
3.2-6570(E) of the Code of Virginia.
(h) Any person who (i) tortures, willfully inflicts inhumane injury or
pain not connected with bona fide scientific or medical experimentation,
or cruelly and unnecessarily beats, maims, or mutilates any dog or cat
that is a companion animal whether belonging to him or another and (ii)
as a direct result causes the death of such dog or cat that is a
companion animal, or the euthanasia of such animal on the
recommendation of a licensed veterinarian upon determination that such
euthanasia was necessary due to the condition of the animal, punishable
as a Class 6 felony, shall be charged under section 3.2-6570(F) of the
Code of Virginia. If a dog or cat is attacked on its owner's property by a
dog so as to cause injury or death, the owner of the injured dog or cat
may use all reasonable and necessary force against the dog at the time of
the attack to protect his dog or cat. Such owner may be presumed to
have taken necessary and appropriate action to defend his dog or cat and
shall therefore be presumed not to have violated this subsection.
(i) Any person convicted of violating this section may be prohibited by
the court from possession or ownership of companion animals.
Sec. 3-14.  Use of fireworks causing injury to animals.
It shall be unlawful to set off or use any fireworks that result in an injury to
any animal caused by direct contact with the fireworks or if the animal injured
itself from fear of the fireworks.
Sec. 3-15.   Failure to perform duties of ownership. Care of  companion
animals; penalty.
(a) Each owner or custodian of an animal shall provide for each of his
companion  animals all the following as defined in section 3.2-6500 of
the Code of Virginia:
(1) Adequate feed;
(2) Adequate water;(3) Adequate shelter that is properly cleaned and sanitized;
(4) Adequate space in the primary enclosure for the particular
type of animal depending upon its age, size, species, and weight;
(5) Adequate exercise;
(6) Adequate care, treatment and transportation; and
(7) Veterinary care when needed  for disease control or to
prevent suffering or disease transmission.
The provisions of this section shall also apply to every an owner or custodian
of any animal, fowl, or reptile, including every private owner, animal shelter or
other releasing agency, and every foster care provider, pound, dealer, pet
shop, exhibitor, kennel, groomer, and boarding establishment. This section
shall not require that animals used as food for other animals be euthanized.
(b) Game and wildlife species shall be cared for in accordance with
current regulations promulgated by the Virginia Department of Games
and Inland Fisheries.
(c) Violation of this section is a Cclass 4 misdemeanor. A second or
subsequent violation of section 3-15 (a)(1), (2), (3) or (7) is a class 2
misdemeanor; and a second or subsequent violation of section 3-15
(a)(4), (5) or (6) is a class 3 misdemeanor.
Sec. 3-15.1. Care of agricultural animals; penalty.
(a)   Each owner  or custodian  shall provide for each of his
agricultural animals:
(1)   Feed to prevent malnourishment;
(2)   Water to prevent dehydration; and
(3)  Veterinary treatment as needed to address impairment of
health or bodily function when such impairment cannot be
otherwise addressed through animal husbandry, including
humane destruction.
(b)   The provisions of this section shall not require an owner to
provide feed or water when such is customarily withheld, restricted,
or apportioned pursuant to a farming activity or if otherwise
prescribed by a veterinarian.(c) There shall be a rebuttable presumption that there  has been
no violation of this section if an owner is unable to provide feed,
water, or veterinary treatment due to an act of God.
(d) The provisions of this section shall not apply to agricultural
animals used for bona fide medical or scientific experimentation.
(e) A violation of this section is a class 4 misdemeanor.
Sec. 3-15.12.  Abandonment of animals.
It shall be unlawful for any owner or custodian to abandon any dog, cat, or any
other animal or fowl or reptile in any public place, including the right-of-way of
any public highway, road or street, or on the property of another.
Sec. 3-16.  Allowing animals to defecate on public property or on private
property of other persons.
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 person 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.
Sec. 3-17.  Animals riding in open vehicles.
It shall be unlawful for the operator of any motor vehicle on a pubic road to
place or keep an animal in any portion of such vehicle that is open in such a
manner so as to permit such animal to jump out of or escape the vehicle or to
be thrown from the vehicle by acceleration or stopping of the vehicle or by an
accident involving the vehicle. The prohibited portions of a motor vehicle shall
include, but not be limited to:
(1) The open bed of a truck or upon a motorcycle; or
(2) The rear storage portion of a vehicle with the tailgate, truck, or
hatchback portion open or down. For the purposes of this section, the
operator of a motor vehicle shall be deemed to have control of any animal
found there.
Sec. 3-18.  Animals in enclosed vehicles.(a) It shall be unlawful to leave any animal in  an enclosed a  vehicle
without the benefit of air conditioning when the outside temperature
reaches eighty (80) degrees fahrenheit or greater.
(b) Any person who confines an animal in an unattended, enclosed
vehicle so as to cause the animal to suffer from heat stress, shall be
guilty of a Class 1 misdemeanor. The animal control officer or other
officer shall have the authority to remove any animal found in an
enclosed vehicle that appears to be suffering from heat stress. The
animal shall be provided immediate veterinary care. The animal owner or
custodian shall be responsible for all expenses incurred during the
removal of the animal or its subsequent treatment and impoundment.
(c) In the event that the person responsible for the violation cannot be
ascertained, the registered owner of the vehicle, as required by Chapter 6
of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima
facie presumption that such registered owner was the person who
committed the violation.
Sec. 3-19.  Seizure and impoundment of animals.
(a) Any  humane investigator,  law enforcement  official officer  or
animal control officer may lawfully seize and impound any animal,
fowl, or reptile that has been abandoned, has been cruelly treated,
or is suffering from an apparent violation of this article that has
rendered the animal in such condition as to constitute a direct and
immediate threat to its life, safety, or health.  Such seizure and
impoundment shall be effected consistent with the provisions
of Va. Code § 3.2-6569.
(b) If the owner or custodian of any companion animal which has
been impounded can be reasonably ascertained, that person
shall be given notice of the impoundment.  Prior to
redemption of the animal, the owner or custodian shall pay to
the county an impoundment fee of twenty dollars ($20.00),
and a boarding fee of ten dollars ($10.00) per day for each day
the animal remains impounded, for each animal impounded.
All fees and medical expenses accrued shall be paid to the
treasurer’s office prior to release of the animal to the owner.
Sec. 3-20.  Impoundment and redemption of livestock found at large.The animal control officer shall take up and impound any livestock found
running at large in violation of this article or any provision of the Code of
Virginia. If the owner or custodian of any livestock so impounded can be
ascertained, that person shall be given notice of such impoundment. Upon
redemption of the livestock, the owner or custodian shall pay an impoundment
fee of fifty dollars ($50.00) for each and every time the same animal is
impounded, and a boarding fee of twenty-five dollars ($25.00) per day for each
day that the animal remains impounded in the county's facility or other
designated facility. The owner or custodian of any livestock so impounded shall
also pay all additional expenses incurred as a result of impoundment to
include veterinary fees and needed special foods and medications. Any owner
who requests the assistance of the animal control department to aid in the
capture of their livestock shall be liable for all expenses incurred by the animal
control department.
The owner of any animal, fowl, or reptile impounded pursuant to this chapter
shall be required to pay an impound fee of twenty-five dollars ($25.00),
boarding fees of ten dollars ($10.00) per day, and costs of any necessary
medical care or treatment. All fees accrued shall be paid to the treasurer's
office prior to the release of the animal, fowl, or reptile to the owner.
The owner of any animal held pursuant to this article for more than thirty (30)
days is required to post surety with Gloucester County for the amount of the
cost of boarding the animal until the appropriate hearing can be concluded in
the appropriate court, but in no case shall such time exceed nine (9) months.
Sec. 3-21.  Casting carcass in road; disposition of carcasses.
(a) It shall be unlawful for any person to cast any dead animal or fowl
into the road, or knowingly permit any dead animal or fowl to remain
unburied upon his property when offensive to the public, or have in
custody any maimed, diseased, disabled, or infirm animal or fowl, or to
leave it to lie or be in a street, road, or public place.
(b) The owner of any animal or grown fowl which has died, when he
knows of such death, shall forthwith have its body cremated, buried, or
sanitarily disposed of, and if he fails to so do, after notice to the owner if
he can be ascertained, the animal control officer or other officer shall
cause any such dead animal or fowl to be cremated or buried, and the
officer shall be entitled to recover from the owner of every such animal or
grown fowl so cremated or buried, the actual cost of such cremation or
burial to be recovered in the same manner as officers' fees are recovered,
free from all exemptions in favor of such owner.Sec. 3-22.  Bird sanctuaries.
(a) Upon approval by the board of supervisors, a group of private
citizens may post the boundary lines of an area of the county that has
been designated as a bird sanctuary by the county with signs giving
notice that the land so posted is a bird sanctuary and that killing,
wounding or molesting birds, and molesting bird nests is unlawful.
(b) When signs are posted along the boundary lines of an area of the
county in compliance with the provisions of subsection (a) of this section,
it shall be unlawful for any person to kill, wound, or molest any bird or
to molest any bird's nest within such sanitary district, or to permit any
dog under the person's care and control to hunt therein.
(c) The following areas of the county are declared bird sanctuaries:
(1) Gloucester Sanitary District No. 1 (approximately seven
hundred fifty (750) acres covering most of the core of the
courthouse village area).
(2) Goshen, Abingdon Magisterial District. For a more particular
description, reference is made to that certain plat of survey
prepared by Dawson, Phillips, Dischinger and Associates;
engineers and surveyors, Gloucester, Virginia, dated January 9,
1987, entitled "Plat Showing Survey of the Land of Edwin A.
Joseph, Located in the Ware District of Gloucester County,
Virginia", and recorded in the clerk's office of the Circuit Court of
Gloucester County, Virginia, in Clerk's Plat Book 21, pages 879,
879A and 879B.
Secs. 3-23--3-27.  Reserved.
ARTICLE II.  DOGS
DIVISION I.  GENERALLY
Sec. 3-28.  Animal control officers and deputies to enforce article and
applicable provisions of state dog laws.
Pursuant to the provisions of section 3.2-6555 of the Code of Virginia, the
animal control officer and his deputies shall enforce the provisions of this
article and the applicable provisions of the comprehensive animal laws, Title
3.2, Chapter 65 of the Code of Virginia, within this county, under the general
supervision of the county administrator.Sec. 3-29.  Penalty for violation of Article II.
A violation of this article shall be deemed a Class 3 misdemeanor, unless a
different class or punishment is provided therefor.
Sec. 3-30.  License required; unlicensed dogs prohibited.
It shall be unlawful for any person to own or have in his custody within the
county, a dog four (4) months or more of age, unless such dog is licensed as
provided in this article.
Sec. 3-31.  Amount of license tax, kennel tax; exemptions.
(a) The license tax shall be as follows:
Dog(Male or Female) Type of
RabiesCertificate*
(up to three (3) years)
LicenseTax
Unneutered/unspayed One (1) year
Multiyear
(up to three (3) years)
$10.00
25.00
Neutered/spayed* One (1) year
Multiyear
3.00
8.00
*Evidence from a licensed veterinarian required.
Abatement of the multiyear license tax will be made only in cases where the
rabies certificate expires in less than twelve (12) months. In those cases, the
tax applicable to a one-year certificate will be imposed.
(1) The annual tax for dog kennels shall be as follows:
Number of Dogs**
Up to:
License Tax
5-10 $50.00
20 100.00
30 150.00
40 200.00
50 250.00
**Kennel licenses shall be sold in
blocks of ten (10).
Duplicate licenses to replace current previously purchased licenses
shall be issued by the treasurer's office for one dollar ($1.00) per
tag.(b) No license tax shall be levied on any dog that is trained and serves
as a guide dog for a blind person, or that is trained and serves as a
hearing dog for a deaf or hearing-impaired person, or that is trained and
serves as a service dog for a mobility-impaired person. As used in this
section, the term "hearing dog" means a dog trained to alert its owner by
touch, to sounds of danger and sounds to which the owner should
respond, and a "service dog" means a dog trained to accompany its owner
for the purpose of carrying items, retrieving objects, pulling a wheelchair,
or other such activities of service or support.
Sec. 3-32.  When license tax due and payable.
(a) The license tax for each dog is due no later than thirty (30) days
after a dog has reached the age of four (4) months, or no later than thirty
(30) days after an owner acquires a dog four (4) months of age or older.
Such license tax shall cover a license period which runs concurrently
with the rabies vaccination and shall expire upon expiration of the
current rabies vaccination.
(b) All kennel licenses shall be due on January 1 and not later than
January 31 of each year.
(c) It shall be unlawful for the owner of any dog to fail to pay the
license tax when due. Upon conviction of any owner for a violation of this
provision, in addition to any penalty imposed, the court may order the
confiscation and proper disposition of the dog.
Sec. 3-33.  Certification of inoculation or vaccination prerequisite for issuance
of license.
(a) No license shall be issued for any dog pursuant to section 3-31,
unless at the time of application the applicant presents to the treasurer's
office a certificate issued by a currently licensed veterinarian or currently
licensed veterinary technician who was under the immediate and direct
supervision of a licensed veterinarian on the premises. Such certificate
shall be valid on the date of application and shall show that such dog
has been inoculated or vaccinated against rabies. The license period
shall cover the timeframe which runs concurrently with the rabies
vaccination and shall expire upon expiration of the current rabies
vaccination.
(b) No metal tag shall be issued for any dog subject to a kennel license
issued pursuant to section 3-31, unless at the time of application the applicant presents to the treasurer's office  a certificate issued by a
currently licensed veterinarian or currently licensed veterinary
technician who was under the immediate and direct supervision of a
licensed veterinarian on the premises. Such certificate shall be valid on
the date of application and shall show that such dog has been inoculated
or vaccinated against rabies. The metal tag shall be valid for the period of
the kennel license or until the expiration of the current rabies
vaccination, whichever occurs first.
Sec. 3-34.  Issuance and design of license tag; required wearing of tag.
(a) Upon receipt of a proper application, current certificate(s) of
vaccination, as required by section 3-51 and prescribed license tax, the
treasurer's office shall issue a dog or kennel license.
(b) Each dog license shall consist of a license tax receipt and a metal
tag.
(c) Each kennel license shall consist of a license tax receipt and metal
tags. Metal kennel tags shall only be issued for the number of dogs that
the owner can show satisfactory evidence have been vaccinated against
rabies as required in section 3-51. All other unused kennel tags will be
held by the treasurer's office to be given to the owner of said kennel
license, if they wish to license additional vaccinated dogs.
(d) On such receipt, the treasurer's office shall record the name and
address of the owner or custodian, the date of payment, the period for
which the license is issued, the serial number of the tag, and whether
male, female, unsexed, or kennel. The receipt information shall be
retained by the treasurer's office, open to public inspection, during the
period for which such license is valid.
(e) The metal license tag shall be stamped or permanently marked to
show that it was issued by Gloucester County, Virginia, and to show the
serial number.
(f) The metal license tag shall be affixed to the collar of the dog to
which it relates, and must be worn by such dog at all times except:
(1) When the dog is competing in a dog show; or
(2) When the dog has a skin condition which would be
exacerbated by the wearing of a collar.
Sec. 3-35.  Payment of license tax subsequent to summons.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  or court costs  provided under Va. Code §§ 16.1-
69.48:1 or 17.1-275.1.
Sec. 3-36.  Effect of dog not wearing collar bearing metal license tag as
evidence.
Any dog not wearing a collar bearing a valid metal license tag shall prima facie
be deemed to be unlicensed, and in any proceedings under this article the
burden of proof of the fact that such dog has been licensed, or is otherwise not
required to bear a tag at the time, shall be on the owner of the dog.
Sec. 3-37.  Impoundment and redemption of dogs found at large without metal
license tag.
The animal control officer shall seize and impound, at a facility designated for
such purpose by the board of supervisors, any dog found running at large
without wearing a valid metal license tag, and any other dog requiring
impoundment by any provision of this Code or any provision of the Code of
Virginia. If the owner or custodian of any dog so impounded can be
ascertained, that person shall be given notice of such impoundment. Prior to
redemption of the dog, the owner or custodian shall pay an impoundment fee of
twenty dollars ($20.00) for each and every time the same animal is impounded,
and a boarding fee of ten dollars ($10.00) per day for each day that the animal
remains impounded in the county's facility. All fees and medical expenses
accrued shall be paid to the treasurer's office prior to the release of the dog to
the owner.
Sec. 3-38.  Dangerous and vicious dogs.
(a) As used in this section:
(1) Dangerous dog means a canine or canine crossbreed that
has bitten, attacked, or inflicted injury on a person or companion
animal that is a dog or cat, or killed a companion animal that is a
dog or cat. However, when a dog attacks or bites a companion
animal that is a dog or cat, the attacking or biting dog shall not be
deemed dangerous:
a. If no serious physical injury as determined by a
licensed veterinarian has occurred to the dog or cat as a
result of the attack or bite;b. If both animals are owned by the same person;
c. If such attack occurs on the property of the attacking
or biting dog's owner or custodian; or
d. For other good cause as determined by the court. No
dog shall be found to be a dangerous dog as a result of
biting, attacking, or inflicting injury on a dog or cat while
engaged with an owner or custodian as part of lawful
hunting or participating in an organized, lawful dog-handling
event. No dog that has bitten, attacked, or inflicted injury on
a person shall be found to be a dangerous dog if the court
determines, based on the totality of the evidence before it,
that the dog is not dangerous or a threat to the community.
(2) Vicious dog means a canine or canine crossbreed that has:
a. Killed a person;
b. Inflicted serious injury to a person, including multiple
bites, serious disfigurement, serious impairment of health,
or serious impairment of a bodily function; or
c. Continued to exhibit the behavior that resulted in a
previous finding by a court or on or before July 1, 2006, by
an animal control officer as authorized by local ordinance,
that it is a dangerous dog, provided that its owner has been
given notice of that finding.
(b) Any law enforcement officer or animal control officer who has
reason to believe that a canine or canine crossbreed within the county is
a dangerous dog or vicious dog shall apply to a magistrate serving the
county for the issuance of a summons requiring the owner or custodian,
if known, to appear before the general district court at a specified time.
The summons shall advise the owner of the nature of the proceeding and
the matters at issue. If a law enforcement officer successfully makes an
application for the issuance of a summons, he shall contact the local
animal control officer and inform him of the location of the dog and the
relevant facts pertaining to his belief that the dog is dangerous or
vicious. 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 this section. 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 section
3.2-6562 of the Code of Virginia. The court, upon finding the animal to
be a dangerous or vicious dog, may order the owner, custodian, or
harborer thereof to pay restitution for actual damages to any person
injured by the animal or whose companion animal was injured or
killed by the animal.  The procedure for appeal and trial shall be the
same as provided by law for misdemeanors. Trial by jury shall be as
provided in Article 4 (section 19.2-260 et seq.) of Chapter 15 of Title 19.2
of the Code of Virginia. The commonwealth or county shall be required to
prove its case beyond a reasonable doubt.
(c) No canine or canine crossbreed shall be found to be a dangerous
dog or vicious dog solely because it is a particular breed, nor is the
ownership of a particular breed of canine or canine crossbreed
prohibited. 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:
(1) Committing, at the time, a crime upon the premises
occupied by the animal's owner or custodian;
(2) Committing, at the time, a willful trespass upon the
premises occupied by the animal's owner or custodian; or
(3) 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 that, at the time of the acts complained of,
was responding to pain or injury, or was protecting itself, its
kennel, its offspring, a person, or its owner's or custodian's
property, shall be found to be a dangerous dog or a vicious dog.
(d) 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.(e) The owner of any animal found to be a dangerous dog shall, within
ten (10) forty-five (45)  days of such finding, obtain a dangerous dog
registration certificate from the animal control department after a fee of
one hundred fifty dollars ($100.00) ($150.00) is paid to the treasurer's
office, in addition to other fees that may be authorized by law. The
treasurer's office 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 By January 31 of each year, until such time
as the dangerous dog is deceased, all certificates obtained pursuant to
this subsection  shall be renewed annually for the same fee shall be
updated and renewed for a fee of eighty-five dollars ($85.00) and in
the same manner as the initial certificate was obtained. The animal
control officer shall  provide a copy of the dangerous dog registration
certificate and verification of compliance to the state veterinarian post
registration information on the Virginia Dangerous Dog Registry.
(f) All dangerous dog registration certificates or renewals thereof
required to be obtained under this section shall only be issued to persons
eighteen (18) years of age or older who present satisfactory evidence:
(1) Of the animal's current rabies vaccination, if applicable;
(2) That the animal has been neutered or spayed; and
(3) 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:
a. 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
b. The animal has been permanently identified by means
of a tattoo on the inside thigh or by electronic implantation.
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 one hundred thousand dollars ($100,000.00), that covers animal bites. The owner may
obtain and maintain a bond in surety, in lieu of liability insurance, to the value
of at least one hundred thousand dollars ($100,000.00).
(g) 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.
(h) The owner of any dog found to be dangerous shall register the
animal with the Commonwealth of Virginia Dangerous Dog Registry, as
established under section 3.2-6542 of the Code of Virginia, within fortyfive (45) days of such a finding by a court of competent jurisdiction. The
owner shall  also cause the local animal control officer to be promptly
notified of:
(1) The names, addresses, and telephone numbers of all owners;
(2) All of the means necessary to locate the owner and the dog
at any time;
(3) Any complaints or incidents of attack by the dog upon any
person or cat or dog;
(4) Any claims made or lawsuits brought as a result of any
attack;
(5) Tattoo or chip identification information or both;
(6) Proof of insurance or surety bond; and
(7) The death of the dog.
(i) After an animal has been found to be a dangerous dog, the
animal's owner shall immediately, upon learning of same, cause the
animal control department to be notified if the animal:
(1) Is loose or unconfined;(2) Bites a person or attacks another animal; or
(3) Is sold, given away, or dies.
Any owner of a dangerous dog who relocates to a new address shall, within ten
(10) days of relocating, provide written notice to the animal control department
of the old address from which the animal has moved and the new address to
which the animal has been moved.
(j) Any owner or custodian of a canine or canine crossbreed or other animal
is guilty of a:
(1) Class 2 misdemeanor, if the canine or canine crossbreed
previously declared a dangerous dog pursuant to this section, when such
declaration arose out of a separate and distinct incident, attacks and
injures or kills a cat or dog that is a companion animal belonging to
another person;
(2) Class 1 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such
declaration arose out of a separate and distinct incident, bites a human
being or attacks a human being causing bodily injury; or
(3) Class 6 felony, if any owner or custodian whose willful act or
omission in the care, control, or containment of a canine, canine
crossbreed, or other animal is so gross, wanton, and culpable as to show
a reckless disregard for human life, and is the proximate cause of such
dog or other animal attacking and causing serious bodily injury to any
person. Such conduct shall be charged under section 3.2-6540(J)(3) of
the Code of Virginia.
The provisions of this subsection shall not apply to any animal that, at the time
of the acts complained of, was responding to pain or injury, or was protecting
itself, its kennel, its offspring, a person, or its owner's or custodian's property,
or when the animal is a police dog that is engaged in the performance of its
duties at the time of the attack.
(k) The owner of any animal that has been found to be a dangerous
dog, who willfully fails to comply with the requirements of this section, is
guilty of a Class 1 misdemeanor.
(l) All fees collected pursuant to this section, less the costs incurred
by the animal control department in producing and distributing the
certificates and tags required by this section and fees due to the State Veterinarian for maintenance of the Virginia Dog Registry, shall be
paid into a special dedicated fund in the treasury of the county for the
purpose of paying the expenses of any training course required under
section 3.2-6556 of the Code of Virginia.
Sec. 3-39.  Nuisance animals.
(a) It shall be unlawful for any owner or custodian of an animal to fail
to exercise proper care and control of his/her animal to prevent it from
becoming a public nuisance, such as, but not limited to: Excessive or
continuous barking audible outside the perimeters of the owner's
property; molesting of a passerby, chasing vehicles, attacking other
domestic animals; or trespassing upon school grounds and public parks.
(b) Any person owning or having in his possession or under his
control any female dog in estrus (in season) shall exercise proper care
and control over such animal to prevent it from becoming a nuisance.
Allowing said animal to be at large or to be tied outside of a fenced or
other enclosed area  so as to attract other animals shall constitute a
nuisance.
(c) It shall be unlawful for any person to carry or wear any live snake
or reptile in public unless such snake or reptile is securely placed in an
acceptable animal carrier so as to prevent escape or injury to the snake
or reptile, another animal or human being.
Secs. 3-40--3-45.  Reserved.
DIVISION 2.  DOGS RUNNING AT LARGE IN CERTAIN AREAS
Sec. 3-46.  Running at large; prohibited in regulated areas.
(a) Any owner or custodian, whose dog is found to be running at large
within the areas of the county described in the schedule of regulated
areas specified in section 3-47 shall be in violation of this section.
(b) For the purpose 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 controlled by its owner or custodian by a leash or
lead or other means of restraint not harmful or injurious to the dog.
(c) Any person who permits its dog to run at large, or remain
unconfined, unrestricted, or not penned up, shall be deemed to have
violated the provisions of this section. The animal control officer or law
enforcement officers shall have the duty to enforce the provisions of this section, and any person found in violation of this section shall be guilty
of a Class 3 misdemeanor.
(d) This section shall not apply to any person who uses a dog under
his direct supervision while lawfully hunting, while engaged in
supervised formal obedience training class or show, or during formally
sanctioned field trials.
Sec. 3-47.  Official schedule of restricted areas for dogs running at large.
(a) All property owned or leased by the County of Gloucester (all parks
and playgrounds) or the School Board of Gloucester County (all school
grounds); and
(b) All property in Gloucester Sanitary District No. 1 (approximately
seven hundred fifty (750) acres covering most of the core of the
courthouse village area); and
(c) The following subdivisions/areas:
Magisterial
District *
Subdivision/Area
Description
Abingdon Carter’s Cove Subdivision
Crescent Run Subdivision
Sandy and Jones Creek
Subdivision
Village Knoll Subdivision
All sections of the subdivision
as shown on all plats now on
record in the clerk’s office of
the county circuit court and all
future recorded plats     of
sections of the subdivision
appurtenant to the subdivision
as it exists on February 7,
2006.
Abingdon Claybank Landing Area The area and property located and lying between Hermitage
(Virginia State Route Number
682) and the mean low water
mark of the York River, being
more particularly described as:
bounded on the northeast by
the center line of Hermitage
Lane, as it runs from Aberdeen
Creek in a northwesterly
direction to its intersection
with Clay Bank Road (Virginia
State Route Number 616); on
the northwest by the center
line of Clay Bank Road, as it
runs from its intersection with
Hermitage Lane in a
southwesterly direction
through Clay Bank Landing to
the mean low water mark of the
York River; on the southwest
by the shore line of the York
River at mean low water, as it
meanders in a southeasterly
direction between Clay Bank
Landing and Aberdeen Creek;
and on the southeast by the
point where the center line of
Hermitage Lane extended
intersects the shore line at
mean low water of Aberdeen
Creek and the York River, the point of beginning.
Abingdon Deer Run Area** Commencing at a point on the
centerline of State Route 619 at
its intersection with State
Route 1040; thence in a
westerly direction along the
centerline of Route 619 and the
dirt lane which continues in a
westerly direction at the
terminus of Route 619 a
distance of approximately
1,316 feet to an iron pipe;
thence south 26 degrees 48
minutes 49 seconds east, a
distance of five hundred ninetyfour (594) feet to an iron pipe;
thence south 25 degrees 34
minutes 22 seconds east a
distance of approximately six
hundred eighty (680) feet to the
center of Fox Mill Run; thence
in a generally southeasterly
direction along the center of
Fox Mill Run to its confluence
with Crany Creek; thence in a
generally northerly direction
along the center of Crany Creek
to Route 619; thence in a
westerly direction along the centerline of Route 619 to its
intersection with Route 1040,
the point of beginning.
Petsworth Foxhaven Subdivision
“The Commons”
All sections of the subdivision
as shown on all plats now on
record in the clerk’s office of
the county circuit court and all
future recorded plats     of
sections of the subdivision
appurtenant to the subdivision
as it exists on February 7,
2006.
All sections of the subdivision
as shown on all plats now on
record in the clerk's office of
the county circuit court and all
future recorded plats of
sections of the subdivision
appurtenant to the subdivision
as it exists on July 1, 2008.
Ware Campfield Subdivision
Cedar Lake Subdivision
Founders Mill Subdivision
Glen Roy Estates
Holly Springs Subdivision
All sections of the subdivision
as shown on all plats now on
record in the clerk’s office of
the county circuit court and all
future recorded plats of
sections of the subdivision
appurtenant to the subdivision Hunter’s Run Subdivision
Meadow Brook Subdivision
Sheffield Subdivision
Deer Run Area**
(See Abingdon above for
description)
as it exists on February 7,
2006.
York/Gloucester
Point  York
Entire Districts
Areas as described
All areas of the County lying
south of a boundary line
starting at Cedar Bush Creek
then along Cedar Bush Road
(State Route 633) to its
intersection with Hickory Fork
Road (State Route 614) thence
southerly along U.S. Route #17
to Brays Point Road (State
Route 636) then southeasterly
along Brays Point Road to
where it terminates at the
Severn River.
Gloucester
Point
Entire District
*   Magisterial District is listed to assist in locating the regulated areas only.
    Redistricting may result in a subdivision or area moving to another district.** Portions of Deer Run Subdivision are in both Abingdon and Ware Magisterial
districts.
Sec. 3-48.  Reserved.
DIVISION 3.  COMMERCIAL DOG BREEDING OPERATIONS
Sec. 3-48.1.  Business license required.
No commercial dog breeder shall breed dogs in the county without a valid
business license issued by the county.
Sec. 3-48.2.  Commercial dog breeding; requirements.
Commercial dog breeders shall:
(1) Maintain no more than fifty (50) dogs over the age of one (1) year at
any time for breeding purposes;
(2) Breed female dogs only: (i) after annual certification by a licensed
veterinarian that the dog is in suitable health for breeding; (ii) after the
dog has reached the age of eighteen (18) months; and (iii) if the dog has
not yet reached the age of eight (8) years;
(3) Dispose of dogs only by gift, sale, transfer, barter, or euthanasia by
a licensed veterinarian;
(4) Dispose of deceased dogs in accordance with section 3.2-6554 of
the Code of Virginia;
(5) Dispose of dog waste in accordance with state and federal laws and
regulations; and
(6) Maintain accurate records for at least five (5) years including:
a. The date on which a dog enters the operation;b. The person from whom the animal was purchased or
obtained, including the address and phone number of such
person;
c. A description of the animal, including the species, color,
breed, sex, and approximate age and weight;
d. Any tattoo, microchip number, or other identification
number carried by or appearing on the animal;
e. Each date that puppies are born to such animal and the
number of puppies;
f. All medical care and vaccinations provided to the animal,
including certifications required by a licensed veterinarian; and
g. The disposition of each animal and the date.
Sec. 3-48.3.  Right of entry.
(a) Any animal control officer and any public health or safety official
employed by the county where a commercial dog breeder resides or
maintains breeding operations may, upon receiving a complaint or upon
his own motion, investigate any violation of the provisions of this
division. Such investigation may include (i) the inspection of the books
and records of any commercial dog breeder, (ii) the inspection of any
companion animal owned by the commercial dog breeder, and (iii) the
inspection of any place where animals are bred or maintained. In
conducting the inspection, the animal control officer may enter any
premises where animals may be bred or maintained during daytime
hours.
(b) Any commercial dog breeder who is the subject of an investigation
by an animal control officer shall, upon request, provide assistance to
the animal control officer in making any inspection authorized by this
section.
Sec. 3-48.4.  Concurrent operation of releasing agency prohibited.
It is unlawful for a commercial dog breeder to operate or maintain a controlling
interest in any releasing agency.
Sec. 3-48.5.  Penalty.Any commercial dog breeder violating any provision of this division is guilty of a
Class 1 misdemeanor.
Secs. 3-49, 3-50.  Reserved.
ARTICLE III.  RABIES CONTROL
Sec. 3-51.  Vaccination or inoculation against rabies required.
(a) It shall be unlawful for any person to own, keep, possess, board,
harbor, or have the custody of any dog or domesticated cat four (4)
months or more of age within the county unless such dog or cat shall
have been vaccinated for rabies by a licensed veterinarian or licensed
veterinary technician who is under the immediate and direct supervision
of a licensed veterinarian on the premises. The supervising veterinarian
on the premises shall provide the owner or custodian of the dog or
domesticated cat with a certificate of vaccination. The owner or custodian
of the dog or the domesticated cat shall furnish within a reasonable
period of time, upon the request of an animal control officer, humane
investigator, law enforcement officer, state veterinarian's representative,
or health department, the certificate of vaccination for such dog or cat.
The vaccine used  shall be licensed by the United States Department of
Agriculture for use in that species.
(b) Any person bringing a dog or domesticated cat into the county
from another jurisdiction, to be kept within the county, shall comply with
the requirements of subsection (a) of this section within ten (10) days.
The owner or custodian of all dogs and cats four months of age and older
shall have such animal currently vaccinated for rabies by a licensed
veterinarian or licensed veterinary technician who is under the
immediate and direct supervision of a licensed veterinarian on the
premises unless otherwise provided by regulations. The supervising
veterinarian on the premises shall provide the owner or custodian of the
dog or the cat with a rabies vaccination certificate or herd rabies
vaccination certificate and shall keep a copy in his own files. The owner
or custodian of the dog or the cat shall furnish within a reasonable period
of time, upon the request of an animal control officer, humane
investigator, law-enforcement officer, State Veterinarian's representative,
or official of the Department of Health, the certificate of vaccination for
such dog or cat. The vaccine used shall be licensed by the U.S.
Department of Agriculture for use in that species. At the discretion of the
local health director, a medical record from a licensed veterinary establishment reflecting a currently vaccinated status may serve as proof
of vaccination.
Vaccination subsequent to a summons to appear before a court for failure
to do so shall not operate to relieve such owner from the penalties or
court costs.
Sec. 3-52.  Certificate of inoculation or vaccination to be issued.
Upon the inoculation or vaccination of a dog or cat by a currently licensed
veterinarian or certified animal technician under the provisions of this article,
the veterinarian or certified animal technician shall issue to the person
procuring such inoculation or vaccination, a certificate bearing the signature of
the veterinarian or animal technician and stating that he is a veterinarian
currently licensed by the state or animal technician certified pursuant to the
Code of Virginia. Pursuant to section 3.2-6529 of the Code of Virginia, 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 in which the animal resides.
The veterinarian or animal technician shall retain a duplicate or electronic copy
of such certificate for so long as the immunity to rabies caused by such
inoculation or vaccination is deemed to be effective.
Upon request by the animal control officer, officials of the local health
department or other persons charged with enforcing this article, such
certificate or other proof of inoculation or vaccination shall be made available
for inspection.
Sec. 3-53.  Emergency ordinance requiring confinement or restraint of dogs
and cats when a rabid animal is at large.
When there is sufficient reason to believe that a rabid animal is at large the
risk of exposure to rabies is elevated, the board of supervisors shall have the
power to pass an emergency ordinance, which shall become effective
immediately upon passage, requiring owners of all dogs and cats in the county
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 by a rabid animal. 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 board of supervisors in consultation with the local health director. It shall be
unlawful for any person to violate the provisions of any such ordinance.
Sec. 3-54.  Report of existence of rabid animals.
Every person having knowledge of the existence of an animal  apparently
afflicted with rabies that is suspected to be rabid and that may have
exposed a person, companion animal, or livestock to rabies  shall report
immediately to the local health department the existence of such animal, the
place where seen, the owner's name, if known, and the symptoms suggesting
rabies.
Sec. 3-55.  Reporting of animal bites.
(a) All animal bites of human beings shall be reported to the local
health department and to the animal control department within twentyfour (24) hours after the occurrence.
(b) Such report shall include the name and address of the person
bitten; the location of biting animal; the name and address of the owner
of the biting animal, if obtainable; a reasonable description of the animal;
the date and time of day of the injury; the part of the body on which the
bite was inflicted; and, if possible, whether the biting animal has been
vaccinated against rabies.
(c) The responsibility for so reporting is mutually charged to attending
medical personnel, veterinarians, owners of the biting animals, persons
bitten and any other persons who may have knowledge of the
occurrence.
(d) It shall be unlawful for any person to knowingly withhold
information from, or knowingly give false information to any animal
control officer or other law enforcement officer which would reasonably
lead to the discovery or location and capture for any animal reasonably
identifiable as one which has bitten a human being. Any person violating
the provisions of this subsection shall be guilty of a Class 2
misdemeanor.
Sec. 3-56.  Confinement or destruction of dogs, cats, or any other animals
showing signs of or suspected of having rabies.
Any dog, cat, or any other animal found within the county showing active signs
of rabies or suspected of having rabies shall be confined under competent
observation for such time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog, cat, or other animal
shall be humanely euthanized by one (1) of the methods approved by the state
veterinarian and its head sent to the local health department for evaluation.
Any dog or cat showing active signs of rabies or suspected of having rabies
that is not known to have exposed a person, companion animal, or
livestock to rabies shall be confined under competent observation for
such a time as may be necessary to determine a diagnosis. If, in the
discretion of the local health director, confinement is impossible or
impracticable, such dog or cat shall be euthanized by one of the methods
approved by the State Veterinarian as provided in  Va. Code  § 3.2-6546.
The disposition of other animals showing active signs of rabies shall be
determined by the local health director and may include euthanasia and
testing.
Sec. 3-57.  Destruction or confinement of dog, cat, or any other animal bitten
by a rabid animal.
Any dog, cat, or any other animal, 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 local 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. 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 disposition of domestic pet
animals other than dogs and cats that fall within the coverage of this section
shall be determined by the local health department.
Any dog or cat, for which no proof of current rabies vaccination is
available, and that may have been 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 suspected to be rabid, shall be isolated
in a pound, kennel, or enclosure approved by the local health department
for a period not to exceed six months at the expense of the owner or custodian in a manner and by a date certain as determined by the local
health director. A rabies vaccination shall be administered by a licensed
veterinarian prior to release. Inactivated rabies vaccine may be
administered at the beginning of isolation. 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 current vaccination,
shall be revaccinated by a licensed veterinarian immediately following the
exposure and shall be confined to the premises of the owner or custodian,
or other site as may be approved by the local health department at the
expense of the owner or custodian, for a period of 45 days. If the local
health director determines that isolation is not feasible or maintained,
such dog or cat shall be euthanized by one of the methods approved by
the State Veterinarian as provided in Va. Code § 3.2-6546. The disposition
of such dogs or cats not so confined shall be at the discretion of the local
health director.
Sec. 3-58.  Confinement or destruction of animal which has bitten may have
exposed a person.
(a) When a potentially rabid animal, other than a dog or cat, exposes
or may have exposed a person to rabies through a bite, or through saliva
or central nervous system tissue, in a fresh open wound or mucous
membrane, that animal shall be confined at the discretion of a local
health director in a manner approved by the local health department or
humanely euthanized by one (1) of the methods approved by the state
veterinarian and its head sent to the local health department for
evaluation.
(b) When any animal, other than a dog or cat, exposes or may have
exposed a person or another animal to rabies through a bite, or by other
means of contact as recognized by the health department that animal
shall be confined at the discretion of a local health director in a manner
approved by the health department or humanely euthanized by one (1) of
the methods approved by the state veterinarian.
(a) At the discretion of the local health director, any animal that
may have exposed a person shall be confined under competent
observation for 10 days at the expense of the owner or custodian,
unless the animal develops active signs of rabies, expires, or is
euthanized before that time. A seriously injured or sick animal may
be euthanized as provided in Va. Code § 3.2-6546. (b)  When any suspected rabid animal, other than a dog or cat,
exposes or may have exposed a person to rabies through a bite, or
through saliva or central nervous system tissue, in a fresh open
wound or mucous membrane, decisions regarding the disposition of
that animal shall be at the discretion of a local health director and
may include euthanasia as provided in Va. Code § 3.2-6546, or as
directed by the state agency with jurisdiction over that species.
When any animal, other than a dog or cat, is exposed or may have
been 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 suspected to be rabid, decisions regarding the
disposition of that newly exposed animal shall be at the discretion
of a local health director.
(c)  When any animal may have exposed a person to rabies and
subsequently expires due to illness or euthanasia, either within an
observation period, where applicable, or as part of a public health
investigation, its head or brain shall be sent to the Division of
Consolidated Laboratory Services of the Department of General
Services or be tested as directed by the local health department.
Sec. 3-59.  Concealing or harboring an animal to prevent its destruction or
confinement under article.
It shall be a violation of this article, and punishable as a Class 3 misdemeanor,
for any person to conceal or harbor any dog, cat, or other animal to keep the
same from being destroyed or confined in accordance with this article.
Sec. 3-60.  Penalty for violation of Article III.
A violation of any section of this article shall be deemed a Class 3 misdemeanor
unless otherwise prescribed.
A copy teste:    ________________________________________
      Brenda G. Garton, County Administrator AT THE ORGANIZATIONAL MEETING OF THE GLOUCESTER COUNTY
BOARD OF SUPERVISORS, HELD ON WEDNESDAY, JANUARY 2, 2013, AT
7:00 P.M., IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET,
GLOUCESTER, VIRGINIA:  ON A MOTION DULY MADE BY _______________
AND SECONDED BY _________________,THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE FOLLOWING VOTE:
Carter M. Borden, ___;
Ashley C. Chriscoe, ____;
Christopher A. Hutson, ___;
Andrew James, Jr., ___;
John H. Northstein, ___;
Robert J. Orth, ___;
Louise D. Theberge. ___ ;
RESOLUTION AUTHORIZING THE CLERK TO ADVERTISE A PUBLIC
HEARING TO CONSIDER AN ORDINANCE TO AMEND CHAPTER 3 OF THE
GLOUCESTER COUNTY CODE ENTITLED ANIMALS AND FOWL
WHEREAS, the Gloucester County Board of Supervisors desires to set a
public hearing to consider an Ordinance to amend Chapter 3 of the Gloucester
County Code entitled Animals and Fowl.
NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board
of Supervisors that the Clerk is directed to advertise, in a newspaper of general
circulation,  a  public hearing notice  for a public hearing to be held in the
Colonial Courthouse located at 6504 Main Street on  Tuesday, February 5,
2013 at 8:00 p.m., to consider amending Chapter 3 of the Gloucester County
Code.
A Copy Teste:
______________________________________
Brenda G. Garton, County Administrator

                                                                                                                                                                    
                                                                                                                                                                   



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These are the new Gloucester County Animal Control Codes awaiting approval.  They are more clear than previous codes.
                                                                                                                                                                        This article does not constitute legal advice.  Only an attorney can legally advice you.  This article is strictly our opinion based on our research and not meant to be a legal document or argument.  We just question everything and share those questions with everyone.  It's how society learns and grows.


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