We have been going through the new proposed ordinance codes for Animal Control of Gloucester County and we are proposing several re writes already. Specifically to section 3-15. Our re writes put the code into state compliance where the present writing seems to cause a technical problem that could
legally through the code out in a
court of law if argued correctly.
We removed the title at the top of the code, which presently reads as follows; "Failure To Perform Duties of Ownership". The reason we removed this section is that it potentially opens the ordinance to malicious and or abusive charges and or prosecutions. With that potential existing, it becomes a very serious threat to the public trust and in contradiction to how the
state code 3.2-6503 and or 3.2-6503.1 are meant to be used which is what Gloucester County ordinance 3-15 is supposed to be mimicking.
We added in after each statement Virginia law definitions from 3.2-6500 so that people are easily able to understand the ordinance and are not confused by the present way that the code reads and without having to search all over the place to find the meaning. We also changed the way 3-15 ends with "
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."
We changed this back to follow state law and be in full compliance with state law. We put it as follows;
"The provisions of this section shall also apply to every pound, animal shelter, or other
releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer,
and boarding establishment. This section shall not require that animals used as food for other
animals be euthanized."
Present proposed ordinance 3-15 is written more broadly than state law 3.2-6503 which on a technical level, could just invalidate the ordinance as the terminology places agricultural animals, fowl and reptiles in the same category as
domestic animals changing the meaning of the law altogether. Hence a violation of state law and illegal causing it to be null and void in our view.
The following are our proposals for re writing the code to meet the needs of the county that would ensure and maintain the public trust.
January 15th, 2013
6503
(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
(1) Adequate feed;
Definition from VA law 3.2-6500: “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.
(2) Adequate water;
Definition From VA Law 3.2-6500: “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.
(3) Adequate shelter that is properly cleaned and sanitized;
Definition from VA Law 3.2-6500: “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, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals’ feet to pass through the openings; (ii) sag under the animals’ weight; or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.
“Properly cleaned” means that carcasses, debris, food waste, and excrement are removed from the primary
enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants;
the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and
the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly
sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants,“Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
“Enclosure” means a structure used to house or restrict animals from running at large.
(4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;
Definition from VA Law 3.2-6500: “Adequate space” means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered,
“adequate space” means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three 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.
(5) Adequate exercise;
Definition of VA Law 3.2-6500: “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.
(6) Adequate care, treatment and transportation;
Definition of VA Law 3.2-6500: “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.
(7) Veterinary care when needed for disease control or to
prevent suffering or disease transmission.
Definition of VA Law 3.2-6500: “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.
“Emergency veterinary treatment” means veterinary treatment to stabilize a life-threatening condition, alleviate
suffering, prevent further disease transmission, or prevent further disease progression.
“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. The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.
(c) Violation of this section is a Class 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.
Transparency in government statement: How Animal Control Officers seek to use this law to ensure
local compliance. (Open so that Gloucester County Animal Control can make it's statement in this
section).
Now for Section 3-15.1 this is our proposed re write of that ordinance code;
Sec. 3-15.1. Care of agricultural animals; penalty. Based on VA Law 3.2-6503.1
(a) Each owner or custodian shall provide for each of his
agricultural animals:
Definition from VA Law 3.2-6500: “Agricultural animals” means all livestock and poultry.
(1) Feed to prevent malnourishment;
Definition from VA Law 3.2-6500: “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.
(2) Water to prevent dehydration; and
Definition from VA Law 3.2-6500: “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.
(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.
Definition from VA Law 3.2-6500: “Veterinary treatment” means treatment by or on the order of a duly licensed veterinarian.
(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.
Transparency in government statement: How Animal Control Officers seek to use this law to ensure
local compliance. (Open so that Gloucester County Animal Control can make it's statement in this
section)
These are our re writings to the presently proposed ordinances and we are sending these proposals to the Board of Supervisors as well as the Gloucester Mathews Gazette Journal. We think this is a better way to present the ordinances. We added in the transparency in government sections at the end of each ordinance so that everyone may be able to see how the county plans on using such.
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