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ACTIONS
Board of Supervisors Meeting of July 8, 2009
July 9, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 6:01 p.m. by the
Chairman, Mr. Slutzk y. All Board members were
present. Also present were Bob Tucker, Larry
Davis and Meagan Hoy.
4. From the Board: Matters Not Listed on the Agenda.
• There were none.
5. From the Public: Matters not Listed for Public Hearing
on the Agenda.
• Mike Etchemendy, Board President of the
Literac y Volunteers for Charlottesville/Albemarle,
updated the Board on the program and urged the
Board to continue their support of the Literacy
Volunteers.
• Jay W iller, Blue Ridge Home Builders
Association, voiced concern about the
stormwater regulations. He felt that the nine
month timeline would be difficult to accomplish.
He is willing to help come up with a new timeline.
• Neil W illamson, Free Enterprise Forum, asked
that Item 6.2 be removed from the agenda. In his
opinion there are issues that need to be worked
out before it is ready for public hearing.
6.2 Set a public hearing to consider proposed ordinance
to amend County Code Chapter 17 to require
permanent vegetation to be established on disturbed
areas within a specified period and to make other
administrative and procedural changes.
• SET public hearing for August 5, 2009 to receive
public comment and to consider adoption of the
proposed ordinance.
Clerk: Advertise and schedule on August 5,
2009.
6.3 Set a public hearing to consider the adoption of an
ordinance to implement Traffic Light Signal
Monitoring Systems (“Photo Red Systems”).
• SET public hearing on August 5, 2009 to receive
public comment and to consider adoption of the
proposed ordinance.
Clerk: Advertise and schedule on August 5,
2009.
6.4 Resolution to accept road(s) in Bargamin Park
Subdivision into the State Secondary System of
Highways.
• ADOPTED attached resolution.
Clerk: Forward signed resolution and AM-4.3
form to Glenn Brooks.
(Attachment 1)
6.5 Resolution to accept road(s) in Hidden Forest
Subdivision into the State Secondary System of
Highways.
• ADOPTED attached resolution.
Clerk: Forward signed resolution and AM-4.3
form to Glenn Brooks.
(Attachment 2)
7. Public Hearing: FY 2010 Budget Amendment.
• APPROVED the FY2010 Budget Amendment in
the amount of $3,132,193.72 and APPROVED
appropriations #2010007 and #2010008 to provide
funds for School and Emergency Communications
Center projects and programs.
Clerk: Forward copy of signed appropriation
forms to Finance and appropriate individuals.
8. Public Hearing: PROJECT: SP-2009-002. Keswick Clerk: Set out conditions of approval.
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Hunt Club -AT&T CV333A Tier III PWSF
• APPROVED, by a vote of 6:0, SP-2009-002,
subject to three conditions as modified at the
Board meeting.
(Attachment 3)
9. Public Hearing: An ordinance to amend Chapter
4, Animals and Fowl of the Albemarle County
Code.
• ADOPTED, by a vote of 5:1 (Boyd), the attached
ordinance as modified at the Board meeting.
Clerk: Forward copy of signed ordinance to
County Attorney’s office and Police.
(Attachment 4)
Non Agenda Item:
• ADOPTED Resolution to set FY 2010
Compensation and Benefits for the County
Executive.
Clerk: Forward signed copy of resolution to
Human Resources and County Attorney’s
office.
Non-Agenda Item: Appointments to Boards and
Commissions.
• APPOINTED Kathy Rash to the Equalization
Board as the Rio District representative, with said
term to expire December 31, 2009.
• APPOINTED Sean Dougherty to the Historic
Preservation Committee with said term to expire
June 4, 2012.
• APPOINTED Hamilton Moses III to the Public
Recreational Facilities Authority to fill an
unexpired term that will end on December 13,
2009.
• APPOINTED Barbara Kessler to the Workforce
Investment Board as an At Large Member with
said term to expire June 30, 2010.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions
book, webpage, and notify appropriate
persons.
10. From the Board: Matters Not Listed on the Agenda.
Ann Mallek:
• Updated the Board on the Piedmont Workforce
Network.
• Asked if the Board would be interested in
encouraging BZA Members to take the VACo
BZA training course.
• Recommended thanking Boards and
Commissions members with a picnic or some
other type of event.
• Asked for information on the location of
underground storage tanks. Mr. Slutzky will help
her to find that information.
Dennis Rooker:
• Updated the Board on recent impact fee
developments.
• Safe Routes to School Program is still being
funded. He suggested that Board Members send
suggestions to Juan W ade. Mr. Rooker
suggested putting in an application for
Georgetown Road.
11. Adjourn.
• At 10:18 p.m. the Board adjourned its meeting.
/mrh
Attachment 1 – W ater Protection Ordinance
Attachment 2 – Traffic Light Signal Monitoring Systems Ordinance
Attachment 3 – Resolution to accept road(s) in Bargamin Park Subdivision into the State Secondary
System of Highways
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Attachment 4 – Resolution to accept road(s) in Hidden Forest Subdivision into the State Secondary System
of Highways
Attachment 5 – Planning conditions of approval
Attachment 6 – Ordinance amendment, Chapter 4, Animals and Fowl
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Attachment 1
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day
of July 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Bargamin Park Subdivision, as described on the attached Additions
Form AM-4.3 dated July 8, 2009, fully incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW , THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests
the Virginia Department of Transportation to add the street(s) in Bargamin Park Subdivision, as described
on the attached Additions Form AM-4.3 dated July 8, 2009, to the secondar y system of state highways,
pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded
plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Bargamin Park Lane (State Route 1312) from the intersection of Route 691 (Jarmans
Gap Road) to the intersection of Route 1313 (Bargamin Branch Road), as shown on plat
recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2777,
page 483, with a 47-foot right-of-way width, for a length of 0.04 miles.
2) Bargamin Branch Road (State Route 1313) from the intersection of Route 1312
(Bargamin Park Lane) to the east intersection of Route 1313 (Bargamin Loop), as shown
on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book
2777, page 483, with a 41-foot right-of-way width, for a length of 0.03 miles.
3) Bargamin Branch Road (State Route 1313) from the intersection of Route 1312
(Bargamin Park Lane) to the west intersection of Route 1313 (Bargamin Loop), as shown
on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book
2777, page 483, with a 41-foot right-of-way width, for a length of 0.03 miles.
4) Bargamin Loop (State Route 1313) from the intersection of Route 1313 (Bargamin
Branch Road East) to the east intersection of Route 1313 (Bargamin Branch Road W est),
as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in
Deed Book 2777, page 483, with a 41-foot right-of-way width, for a length of 0.15 miles.
Total Mileage – 0.25
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Attachment 2
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 8th day
of July 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Hidden Forest Subdivision, as described on the attached Additions
Form AM-4.3 dated July 8, 2009, fully incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW , THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests
the Virginia Department of Transportation to add the street(s) in Hidden Forest Subdivision, as described
on the attached Additions Form AM-4.3 dated July 8, 2009, to the secondar y system of state highways,
pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded
plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Forestvue Drive (State Route 1544) from the existing end of state maintenance Route
1544 (Forestvue Drive) to the cul-de-sac, as shown on plat recorded in the office the Clerk
of Circuit Court of Albemarle County in Deed Book 1930, pages 189-192, with a 50-foot
right-of-way width, for a length of 0.11 miles.
Total Mileage – 0.11
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ATTACHMENT 3
CONDITIONS OF APPROVAL
SP-2009-002. Keswick Hunt Club -AT&T CV333A Tier III PWSF:
1. The proposed personal wireless service facility shall be developed in general accord with the plan
prepared by BC Architects and Engineers with a revision date of 4-28-2009, and a certified
engineer’s seal and signature dated 5-01-2009;
2. AT&T shall provide a tree conservation plan prepared by a certified arborist prior to issuance of a
building permit. The installation, operation and maintenance of the facility shall be conducted in
accordance with the tree conservation plan; and
3. Address all conditions outlined by the Architectural Review Board. The applicant shall obtain a
certificate of appropriateness from the Architectural Review Board staff.
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ATTACHEMNT 4
ORDIN ANCE NO. 09-4(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOW L, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained as follows:
By Amending:
Sec. 4-100 Definitions
Sec. 4-101 Enforcement of animal laws; penalties
By Renumbering:
Sec. 4-102 Boundary lines declared lawful fences; animals to Sec. 4-103
running at large beyond boundaries of own land
Sec. 4-209 Unauthorized removal of collars or tags to Sec. 4-203
Sec. 4-212 Female dogs in season to Sec. 4-204
Sec. 4-300 Dog license required to Sec. 4-205
Sec. 4-302 W hat license shall consist of; evidence of rabies to Sec. 4-207
Vaccination; duplicate tags
Sec. 4-304 Amount of license tax to Sec. 4-209
Sec. 4-306 Payment of license tax subsequent to summons to Sec. 4-211
Sec. 4-307 Effect of dog not wearing collar and tag as evidence to Sec. 4-212
Sec. 4-501 Tag showing vaccination required on dogs at large to Sec. 4-404
Sec. 4-504 Applicability of article to Sec. 4-405
By Amending and Renumbering:
Sec. 4-200 Dogs deemed personal property; rights relating to Sec. 4-104 Dogs and cats deemed
thereto and Sec. 4-201 Unlawful killing of dogs personal property
Sec. 4-202 Duty of animal control officer or other officer to Sec. 4-102
upon finding stolen, etc., dogs
Sec. 4-203 Dogs killing, injuring or chasing livestock or to Sec. 4-201
poultry-Generally.
Sec. 4-204 Dogs killing, injuring or chasing livestock or to Sec. 4-302
poultry-Impoundment and disposition
Sec. 4-205 Disposition of unlicensed dogs to Sec. 4-303 Disposition of unlicensed
dogs; running at large
Sec. 4-206 Disposition of carcasses to Sec. 4-109 Disposition of companion
animal carcasses
Sec. 4-207 Cruelty to animals; penalty to Sec. 4-108
Sec. 4-208 Duties of animal control officers; seizures and to Sec. 4-300
impoundments of animals; notice and hearing;
disposition of animals
Sec. 4-210 Harboring or concealing untaxed or mad dogs to Sec. 4-214 Harboring or concealing
unlicensed dogs and Sec. 4-402
Harboring or concealing rabid
animals
Sec. 4-211 Diseased dogs to Sec. 4-110 Diseased dogs or cats
Sec. 4-213 In certain areas to Sec. 4-200 Running at large prohibited
Sec. 4-301 Procedure for obtaining licenses to Sec. 4-206
Sec. 4-302 What license shall consist of; evidence of rabies to Sec. 4-207
vaccination; duplicate tags
Sec. 4-303 Veterinarians to provide treasurer with rabies to Sec. 4-208
certificate information; civil penalty
Sec. 4-305 When license tax payable, valid to Sec. 4-210
Sec. 4-308 Display of receipts; collar and tag to be worn; to Sec. 4-213
penalties
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Sec. 4-400 Definitions and Sec. 4-401 Dangerous dogs; to Sec. 4-218 Dangerous and vicious
vicious dogs animals
Sec. 4-500 Vaccination of dogs and cats required to Sec. 4-400
Sec. 4-502 Confinement of animals suspected of having to Sec. 4-401 Rabid animals
rabies or of being in close proximity to animals
having rabies and Sec.4-503 Confinement
of animals which have bitten persons
Sec. 4-601 Noise from animals; Sec. 4-602 Complaints of to Sec. 4-106 Noise from animals;
animal noise; and Sec. 4-603 Penalty for violations penalty
By Adding:
Sec. 4-105 Care of companion animals
Sec. 4-107 Abandonment of animal; penalty
Sec. 4-202 Compensation for livestock and poultry killed by dogs
Sec. 4-215 Business license required
Sec. 4-216 Commercial dog breeding; requirements
Sec. 4-217 Violations; penalty
Sec. 4-301 Impoundment; expenses; lien; disposition of animal
Sec. 4-403 Inoculation for rabies at animal shelters
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "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 Virginia Code § 3.2-6503 for a period of five (5) consecutive days.
(2) Adequate care or care. The term "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.
(3) Adequate exercise. The term "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.
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which is
of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each
animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of
each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by
excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal,
but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of
hibernation or fasting normal for the species.
(5) Adequate shelter. The term "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 (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.
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(6) Adequate space. The term "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. W hen 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.
(7) Adequate water. The term "adequate water" means provision of and access to clean, fresh,
potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at
suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration 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 which are accessible to each animal and are placed so as to minimize contamination of the
water by excrement and pests or an alternative source of hydration consistent with generally accepted
husbandry practices.
(8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat, or any other
companion animal, from a releasing agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding
the animal.
(11) Animal. The term "animal" means any nonhuman vertebrate species except fish. For the
purposes of Article IV, Rabies Control, animal shall mean any species susceptible to rabies. For the
purposes of section 4-109, animal shall mean any nonhuman vertebrate species including fish captured and
killed or disposed of in a reasonable customary manner.
(12) Animal control officer. The term "animal control officer" means any person employed,
contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the
enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty
to animals, or seizure and impoundment of companion animals and includes any state or county police
officer, animal control officer, sheriff or other employee whose duties in whole or in part include
assignments which involve seizure or taking into custody of any dog or other animal.
(13) Animal shelter. The term "animal shelter" means a facility, other than a private residential
dwelling and its surrounding grounds, which is used to house or contain animals and which is owned,
operated, or maintained by a non-governmental entity, duly incorporated humane society, animal welfare
society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the
welfare, protection, and humane treatment of animals.
(14) Boarding establishment. The term "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.
(15) Clearly visible sign. The term “clearly visible sign” means a sign that is (i) unobstructed from
view, (ii) contains legible writing, and (iii) may be read by any person without assistance while standing ten
feet away from the sign.
(16) Collar. The term "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.
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(17) Commercial dog breeder. The term “commercial dog breeder” means any person who, during
any twelve (12) month period, maintains thirty (30) or more adult female dogs for the primary purpose of the
sale of their offspring as companion animals.
(18) Companion animal. The term "companion animal" means any domestic or feral dog, domestic
or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or
native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or
ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural
animals, game species, or any animals regulated under federal law as research animals shall not be
considered companion animals for the purposes of this chapter.
(19) Emergency veterinary treatment. The term “emergency veterinar y treatment” means
veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease
transmission, or prevent further disease progression.
(20) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(21) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished
by a method that involves instantaneous unconsciousness and immediate death or by a method that
involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during
such loss of consciousness.
(22) Foster care provider. The term “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
agenc y.
(23) Hearing dog. 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.
(24) Injury to a person. The term “injury to a person” means any superficial cut, scratch, scrape, or
minor tear to the skin, or any bruise to bone or skin area resulting from an unfriendly encounter. An injury
shall be presumed to have occurred when a dog knocks a person to the ground or tears that person's
clothing or any possession on his or her person.
(25) Kennel. The term “kennel” means any establishment in which five (5) or more canines,
felines, or hybrids of either are kept for the purposes of breeding, hunting, training, renting, buying,
boarding, selling, or showing.
(26) Leash. The term “leash” means any rope, strap, chain, or other material not exceeding four
(4) feet in length, being held in the hand of a person capable of controlling the dog to which it is attached.
(27) Livestock. The term "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 Virginia Code § 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
(28) Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii)
keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(29) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(30) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.
(31) Pound. The term "pound" means a facility operated by the Commonwealth, or 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 county, city, town, or incorporated society for the
prevention of cruelty to animals.
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(32) Primary enclosure. The term "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.
(33) Properly cleaned. The term “properly cleaned” means that carcass, 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.
(34) Releasing agency. The term “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.
(35) Serious injury to a person. The term “serious injury to a person” means any bodily injury for
which medical attention was sought and obtained, which involves a serious laceration requiring stitches to
more than one puncture wound or which is serious in the opinion of a licensed physician.
(36) Service dog. The term “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.
(37) Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of
reproducing.
(38) Treatment or adequate treatment. The term "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.
(39) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a
duly licensed veterinarian.
(Code 1967, § 4-4; 4-13-88; Code 1988, § 4-4; Ord. 98-A(1), 8-5-98; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code §§ 3.2-6500, 6528.
Sec. 4-101 Enforcement of animal laws; penalties.
A. Enforcement of this chapter is vested in one or more animal control officers as employed by
the county police department. W hen in uniform or upon displaying a badge or other credentials of office,
such 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 Virginia
Code § 9.1-101, to any person found in the act of violating this chapter, Virginia Code §§ 3.2-6500 et seq.,
and all laws for the protection of animals, and shall exercise all other powers as provided by state law and
such other duties as may be provided by the board of supervisors.
B. Unless otherwise specified, any person violating a provision of this chapter shall be guilty of
a class 4 misdemeanor.
(Code 1967, § 4-5, 4-13-88; § 4-16; Code 1988, § 4-5, § 4-16; Ord 98-A(1), 8-5-98; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code §§ 3.2-6555, 18.2-11.
Sec. 4-102 Duty of animal control officer or other officer upon finding stolen, etc., dogs.
Any animal control officer finding a stolen dog or a dog held or detained contrary to law shall have
authority to seize and hold such dog pending action before the general district court or other court. If no
such action is instituted within seven (7) days, the animal control officer shall deliver the dog to its owner.
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The presence of a dog on the premises of a person other than its legal owner shall raise no presumption of
theft against the owner of such premises, but it shall be his duty to notify the animal control officer, and the
animal control officer shall take such dog in charge and notify its legal owner to remove it. The legal owner
of the dog shall pay a reasonable charge for the keep of such dog while in the possession of the animal
control officer.
(Code 1967, § 4-8; 4-13-88; Code 1988, § 4-8; Ord. 98-A(1), 8-5-98, § 4-202; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code § 3.2-6585.
Sec. 4-103 Boundary lines declared lawful fences; animals running at large beyond boundaries of
own land.
The boundary lines of each lot or tract of land in the county are hereby declared to be a lawful
fence. It shall be unlawful for the owner or manager of any horse, mule, swine, sheep, goat or cattle of any
description to permit any such animals to run at large beyond the boundaries of their own land.
(Code 1967, § 4-1; Code 1988, § 4-1; Ord. 98-A(1), 8-5-98, § 4-102; Ord. 09-4(1), 7-8-09)
State law reference—“Va. Code §§ 55- 306 - 55-316; 18.2-121.1.
Sec. 4-104 Dogs and cats deemed personal property.
All dogs and cats shall be deemed personal property, and may be the subject of prosecutions for
larceny and malicious or unlawful trespass, and the owners thereof may maintain any action for the killing of
any such animals, or injur y thereto, or unlawful detention or use thereof, as in the case of other personal
property.
The owner of any dog or cat that is injured or killed contrary to the provisions of this chapter or state
law by any person shall be entitled to recover the value thereof or the damage done thereto in an
appropriate action at law from such person.
(Code 1967, § 4-6; Code 1988, § 4-6; Ord. 98-A(1), 8-5-98, § 4-200; Code 1967, § 407; Code 1988, § 4-7;
Ord. 98-A(1), 8-5-98, § 4-201; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6585.
Sec. 4-105 Care of companion animals; penalty.
Each owner shall provide the following for his companion animal:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is properly cleaned;
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 or to prevent suffering or disease transmission.
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.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6503.
Sec. 4-106 Noise from animals; penalty.
13
A. Noise from animals. It shall be unlawful and shall be a nuisance for an owner or custodian
of an animal to harbor or keep any animal within the county which frequently or for a continued duration
howls, barks or makes other excessive, continuous or untimely sounds which are audible on the property of
a complainant in the county; provided however, this section shall not apply to any animal located on
property zoned Rural Areas District of five (5) acres or more, to any animal in a pound or an animal shelter
or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by livestock or
poultry. For the purposes of this section, “excessive, continuous or untimely sounds” shall mean any
howling, barking or other animal noise which continues for thirty (30) consecutive minutes or more with no
cessation of such sounds for time periods greater than five (5) minutes during the thirty (30) consecutive
minutes.
B. Complaints of animal noise. Notwithstanding section 4-101 of this Code, no person shall
be charged with a violation of this section unless the complainant appears before a magistrate and requests
a summons to be issued. However, when a violation is committed in the presence of an animal control
officer or police officer, he shall have the authority to initiate all necessary proceedings.
C. Penalty for violation. A violation of this section shall be punishable as a class 3
misdemeanor, and any owner or custodian of an animal found guilty under this section shall be required to
abate the disturbance. Upon a third conviction within twelve (12) months of any offense under this section
involving the same animal, in addition to imposing a fine, the court shall order the animal to be removed
from any area of the county covered by this section. If the owner or custodian of the animal fails to comply
with such order within two (2) weeks, the animal control officer shall seize the animal and offer the animal to
an animal shelter for adoption in a home outside of the area of the county covered by this section.
(Ord. 08-4(1), 6-11-08, § 4-601, § 4-602, §4-603; Ord. 09-4(1), 7-8-09)
Sec. 4-107 Abandonment of animal; penalty.
No person shall abandon or dump any animal. Violation of this section shall be punishable as a
class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its
owner to a pound, animal shelter, or other releasing agency.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6504.
Sec. 4-108 Cruelty to animals; penalty.
A. Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully
inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly
or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (ii)
deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) 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 veterinar y client-patient relationship and solely for therapeutic purposes; (iv) willfully sets on foot,
instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) carries or causes to be
carried by any vehicle, vessel or otherwise any animal in cruel, brutal, or inhumane manner, so as to
produce torture or unnecessary suffering; or (vi) 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.
In addition to the penalties provided in this subsection, the court may, in its discretion, require any
person convicted of a violation of this subsection 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.
B. Any person who: (i) tortures, willfully inflicts inhumane injur y or pain not connected with
bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills
any animal whether belonging to himself or another; (ii) sores any equine for any purpose or administers
drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of any kind,
unless such administration of drugs or medications is under the supervision of a licensed veterinarian and
14
solely for therapeutic purposes; (iii) maliciously deprives any companion animal of necessary food, drink,
shelter or emergency veterinary treatment; (iv) instigates, engages in, or in any way furthers any act of
cruelty to any animal set forth in clauses (i) through (iv); or causes any of the actions described in clauses
(i) through (iv), or being the owner of such animal permits such acts to be done by another; and has been
within five (5) years convicted of a violation of this subsection or subsection A, shall be subject to
prosecution pursuant to Virginia Code § 3.2-6570 if the current violation or any previous violation of this
subsection or subsection A resulted in the death of an animal or the euthanasia of an animal based on the
recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to
the condition of the animal, and such condition was a direct result of a violation of this subsection or
subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in a
reasonable and customary manner.
D. This section shall not prohibit authorized wildlife management activities or hunting, fishing
or trapping as regulated under the Code of Virginia, including Title 29.1, or to farming activities as provided
by this Code or the Code of Virginia.
E. It is unlawful for any person to kill a domestic dog or cat for the purposes of obtaining the
hide, fur or pelt of the dog or cat. A violation of this subsection is a class 1 misdemeanor. A second or
subsequent violation of this subsection shall be subject to prosecution pursuant to Virginia Code § 3.2-
6570.
F. Any person who: (i) tortures, willfully inflicts inhumane injur y 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 euthanasia of such animal on recommendation
of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of
the animal, shall be subject to prosecution pursuant to Virginia Code § 3.2-6570. 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. The provisions of this subsection shall not
supersede section 4-106 or 4-201.
G. Any person convicted of violating this section may be prohibited by the court from
possession or ownership of companion animals or equine.
(Ord. 98-A(1), 8-5-98, § 4-207; Ord. 09-4(1), 7-8-09)
State law references- Va. Code § 3.2-6570.
Sec. 4-109 Disposition of companion animal and livestock carcasses.
The owner of any companion animal or livestock shall forthwith cremate, bury, or sanitarily dispose
of the animal upon its death. If, after notice from the police department, animal control officer or other
county officer, the owner fails to do so, the animal control officer or other officer shall bury or cremate the
companion animal or livestock, and may recover on behalf of the county from the owner the cost for the
service. The county may collect the costs of disposal in the same manner as taxes and levies are collected.
(Code 1967; § 4-11; 4-13-98; Code 1988, §§4-3, 4-11; Ord. 98-A(1), 8-5-98, § 4-206; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code §§ 3.2-6554; 18.2-510.
Sec. 4-110 Diseased dogs or cats.
It shall be unlawful for the owner of any dog or cat with a contagious or infectious disease to permit
such dog or cat to stray from his premises, if such disease is known to the owner.
(Code 1967, § 4-12; Code 1988, § 4-17; Ord. 98-A(1), 8-5-98, § 4-211; Ord. 09-4(1), 7-8-09)
15
State law reference—Va. Code § 3.2-6587.
ARTICLE II. DOGS
State law reference-- Va. Code §§ 3.2-6500 et.seq.
DIVISION 1. IN GENERAL
Sec. 4-200 Running at large prohibited.
A. Dogs shall not run at large in the county except in those areas zoned Rural Areas District;
however, running at large in areas zoned Rural Areas District is prohibited in the following designated
areas:
(1) University of Virginia grounds lying within the county. (7-19-73)
(2) Crozet areas:
(a). Crozet areas, beginning at the point of intersection of Buck Road, State Route 789 and
Railroad Avenue, State Route 788; thence, in a northwesterly direction along the southern boundary of tax
map 55 parcel 51; thence, in a northeasterly direction along the western boundary of tax map 55 parcels 51
and 51A to the point of intersection with tax map 55 parcel 50; thence, in a northwesterly direction along the
southern boundary of tax map 55 parcel 50 to the point of intersection with tax map 55 parcel 49; thence, in
a northeasterly direction along the western boundary of tax map 55 parcel 49 to the point of intersection
with tax map 56 parcel 1; thence, in a northwesterly direction along the western boundaries of tax map 56
parcel 1 and tax map 55 parcel 47 , and following the boundary of tax map 55 parcel 47 in a northeasterly
direction to the point of intersection with tax map 55 parcel 48; thence, in a northwesterly direction along the
southern boundary of tax map 55 parcel 48 and then following the western boundary of tax map 55 parcel
48 in a northeasterly direction and continuing in a northeasterly direction along the western boundaries of
tax map 56 parcels 1B, 3 and 5E to the point of intersection with the Sunrise Acres subdivision (tax map
40A),thence, with Sunrise Acres in a clockwise direction to the intersection with the centerline of W hite Hall
Road, State Route 810; thence, in a southwesterly and southeasterly direction with State Route 810 to the
intersection with Buck Road, State Route 789 and continuing along Buck Road, State Route 789 to the
point of beginning.
(b). The real property commonly known as Claudius Crozet Park, comprised of the
following tax map, sections and parcel numbers:
tax map 56A2, section 1, parcel 72;
tax map 56A2, section 1, parcel 72A; and
tax map 56A2, section 4, parcel A4.
(c). Sunrise Acres Subdivision, as platted and recorded in the office of the clerk of the
circuit court for the county, in Deed Book 367, page 312, and in Plat Book 367, pages 315 and 316.
(3) Country Green Apartments as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 453, page 553. (12-7-77)
(4) W averly Subdivision as platted and recorded in the office of the clerk of the circuit court
of the county, in Deed Book 697, page 382; and Deed Book 781, pages 267 and 270. (12-16-87)
(5) W hipporwill Hollow as platted and recorded in the office of the clerk of the circuit court
of the county, in Deed Book 643, pages 285 to 292; Deed Book 644, pages 269 and 270; Deed Book 646,
pages 220 to 221; Deed Book 657, pages 789 to 790; Deed Book 659, pages 561 to 565; Deed Book 694,
pages 544 to 545; and Deed Book 867, page 253. (12-16-87)
(6) Key W est/Cedar Hills Subdivision as platted and recorded in the office of the clerk of
the circuit court of the county, in Deed Book 353, pages 193 to 197; Deed Book 365, page 202; Deed Book
37l, page 474; Deed Book 388, page 514; Deed Book 393, page 417; Deed Book 410, page 577; Deed
Book 420, page 259; Deed Book 505, page 607; Deed Book 530, page 35l; Deed Book 543, page 114;
Deed Book 661, page 44; Deed Book 692, page 453; and Deed Book 809, page 623. (9-7-88)
16
(7) North Pines Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 703, pages 742, 743 and 744. (1-17-90)
(8) The Meadows in Crozet as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 651, page 149. (8-8-90)
(9) Milton Heights Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 343, page 64. (8-17-94)
(10) Shadwell Estates Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 339, page 458. (8-17-94)
(11) Thurston Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 637, page 456. (12-7-94)
(12) Lexington Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county in Deed Book 564, page 088. (3-12-97)
(13) Bedford Hills Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county in Deed Book 365, page 212. (12-2-98)
(14) Westmont Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (5-3-00)
(15) Blue Springs Farm Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 1341, page 121.
(16) Farmington Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county in Deed Book 203, page 53; Deed Book 203, page 233, Deed Book 205, page 504;
Deed Book 206, page 44; Deed Book 207, page 370; Deed Book 207, page 483; Deed Book 208, page
130; Deed Book 209, page 195; Deed Book 213, page 296; Deed Book 216, page 44; Deed Book 223,
page 146; Deed Book 240, page 203; Deed Book 246, page 183; Deed Book 247, page 315; Deed Book
247, page 355; Deed Book 290, page 214; Deed Book 292, page 485; Deed Book 296, page 205; Deed
Book 325, page 225; Deed Book 357, page 527; Deed Book 394, page 63; Deed Book 463, page 72;
together with all streets and roads abutting the lots depicted on the said plats.
(17) Section One of Corville Farm Subdivision as platted and recorded in the office of the
clerk of the circuit court of the county in Deed book 474, page 003.
B. For the purposes of this section, a dog shall be deemed to “run at large” while roaming,
running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's
immediate control. However, a dog shall not be considered at large if during the hunting season it is on a
bona fide hunt in the company of a licensed hunter or during field trials or training periods when
accompanied by its owner.
C. Any person who permits his dog to run at large shall be deemed to have violated the
provisions of this section.
D. Any dog observed or captured while unlawfully running at large shall be impounded in
accordance with Article III, Impoundment, of this chapter.
(7-19-73; 8-22-73; 9-26-73; 11-15-73; 12-19-73; 1-3-74; 1-23-74; 3-24-77; 5-22-74; 10-9-74, 1-22-75; 3-10-
76; 4-21-76; 12-7-77; 5-22-78; 6-21-78; 10-7-81; 5-21-86; 5-13-87; 9-16-87; 11-4-87; 12-16-87; 9-8-88; Ord
of 1-17-90; Ord. of 8-8-90; Ord. No. 94-4(2), 8-17-94; Ord. No. 94-4(3), 12-7-94; Ord. No. 95-4(1), 1-4-95;
Ord. No. 95-4(2), 9-6-95; Code 1988, § 4-19; Ord. 98-A(1), 8-5-98; Ord. 98-4(1), 12-2-98; Ord. 00-4(1), 5-3-
00; Ord. 03-4(2), 3-5-03; Ord. 04-4(1), 5-12-04; Ord. 05-4(1), 12-7-05; Ord. 06-4(1), 12-6-06, § 4-213; Ord.
09-4(1), 7-8-09)
17
State law reference-- Va. Code§ 3.2-6538.
Sec. 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally.
A. It shall be the duty of any animal control officer who may find a dog in the act of killing or
injuring livestock or poultry to kill such dog forthwith, whether such dog bears a tag or not. Any person
finding a dog committing any of the depredations mentioned in this section shall have the right to kill such
dog on sight, as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by
the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall
have the power to order the animal control officer or other officer to kill any dog known to be a confirmed
livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed
poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the
dog to produce the dog.
B. Any animal control officer who has reason to believe that any dog is killing livestock or
poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to
determine whether it committed any of the depredations mentioned herein. Any animal control officer or
other person who has reason to believe that any dog is killing livestock, or committing any of the
depredations mentioned in this section, shall apply to a magistrate of the county, who shall issue a warrant
requiring the owner or custodian, if known, to appear before the general district court at a time and place
named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or
has committed any of the depredations mentioned in this section, the district court shall order that the dog
be: (i) killed immediately by the animal control officer or other officer designated by the court; (ii) or
removed to another state that does not border the Commonwealth and prohibited from returning to the
Commonwealth. Any dog ordered removed from the Commonwealth that is later found in the
Commonwealth shall be disposed of pursuant to Virginia Code § 3.2-6570.
(Code 1967, § 4-9; 4-13-88; Code 1988, § 4-9; Ord. 98-A(1), 8-5-98, § 4-203; Ord. 09-4(1), 7-8-09)
State law reference--Va. Code § 3.2-6552.
Sec. 4-202 Compensation for livestock and poultry killed by dogs.
Any person who has any livestock or poultry killed or injured by any dog not his own shall be
entitled to receive as compensation the fair market value of such livestock or poultry not to exceed four
hundred dollars ($400.00) per animal or ten dollars ($10.00) per fowl if: (i) the claimant has furnished
evidence within sixty (60) days of discovery of the quantity and value of the dead or injured livestock and
the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer or
other officer shall have been notified of the incident within seventy-two (72) hours of its discovery; and (iii)
the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the
damage for which compensation under this section is sought. Exhaustion shall mean a judgment against
the owner of the dog upon which an execution has been returned unsatisfied.
Ord. 09-4(1), 7-8-09
State law reference—Va. Code § 3.2-6553.
Sec. 4-203 Unauthorized removal of collars or tags.
It shall be unlawful for any person, except the owner or custodian, to remove a collar or a legally
acquired license tag from a dog.
(Code 1967, § 4-14; Code 1988, § 4-12; Ord. 98-A(1), 8-5-98, § 4-209; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6587.
18
Sec. 4-204 Female dogs in season.
It shall be unlawful for the owner of any female dog in season to fail to keep such female dog
confined beyond reach of any male dog at large.
(Code 1967, § 4-13; Code 1988, § 4-18; Ord. 98-A(1), 8-5-98, § 4-212; Ord. 09-4(1), 7-8-09)
DIVISION 2. LICENSES
Sec. 4-205 Required.
It shall be unlawful for any person other than a releasing agency that has registered as such
annually with the county to own a dog four (4) months old or older in the county unless such dog is licensed,
as required by the provisions of this article.
(Code 1967, § 4-17; 9-13-89; Code 1988, § 4-20; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08, § 4-300; Ord.
09-4(1), 7-8-09)
State law reference-- Va. Code § 3.2-6524.
Sec. 4-206 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one year, two year, or three year dog license by
making oral or written application to the director of finance or his designee, accompanied by the amount of
the license tax and a current certificate of vaccination as required by this chapter or satisfactory evidence
that such certificate has been obtained.
B. The director of finance or his designee shall license only dogs of resident owners or
custodians who reside within the county, and may require information to this effect of any applicant. Upon
receipt of a proper application and a current certificate of vaccination as required by this chapter or
satisfactory evidence that such certificate has been obtained, the director of finance or his designee shall
issue a license receipt, on which he shall record the name and address of the owner or custodian, the date
of payment, the year for which issued, the serial number of the tag, whether male or female, whether
spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein.
Multi-year dog licenses may only be issued upon evidence that the certificate of vaccination is valid for the
duration of the multi-year license.
C. The director of finance or his designee shall retain the application information during the
period for which such license is valid, and shall be available for public inspection.
D. It shall be unlawful for any person to make a false statement in order to secure a dog
license to which he is not entitled.
E. Failure to pay the dog license tax imposed by this division prior to February 1 of any year or
at such other time as may be required by this division on any dog four (4) months of age or older and
owned by him shall be a violation of this chapter.
(Code 1967, § 4-18; 5-15-75; Code 1988, § 4-21; Ord. 98-A(1), 8-5-98, § 4-301; Code 1967, § 4-33; Code
1988, § 4-36; Ord. 98-A(1), 8-5-98, § 4-316; Code 1967, § 4-34; 4-13-88; 9-13-89; Code 1988, § 4-37; Ord.
98-A(1), 8-5-98, § 4-317; Ord. 08-4(2), 9-3-08, § 4-301; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code §§ 3.2-6527, 3.2-6530(B), 3.2-6587(A).
Sec. 4-207 What license shall consist of; evidence of rabies vaccination; duplicate tags.
A. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped
or otherwise permanently marked to show the county has issued the license and bear a serial number or
other identifying information prescribed by the county.
19
B. No dog license shall be issued for any dog unless there is presented to the director of
finance or his designee, satisfactory evidence that such dog has been inoculated or vaccinated against
rabies, as required by section 4-206, by a currently licensed veterinarian or currently licensed technician
who was under the immediate and direct supervision of a licensed veterinarian on the premises.
C. If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at
once apply to the director of finance or his designee for a duplicate license tag by presenting the original
license receipt. Upon affidavit of the owner or custodian before the director of finance or his designee that
the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag. The owner
or custodian shall immediately affix the duplicate license tag to the collar of the dog. The director of finance
or his designee shall endorse the number of the duplicate and the date issued on the face of the original
receipt. The fee for a duplicate tag shall be one dollar ($1.00).
(Code 1967, § 4-19; Code 1988, § 4-22; Ord. 98-A(1), 8-5-98, § 4-302; Code 1967, § 4-25; 4-23-88; Code
1988, § 4-28; Ord. 98-A(1), 8-5-98, § 4-308; Code 1967, § 4-28; 4-13-88; Code 1988, § 4-31; Ord. 98-A(1),
8-5-98, § 4-311; Ord. 08-4(2), 9-3-08, § 4-302; Ord. 09-4(1), 7-8-09)
State law reference -- Va. Code §§ 3.2-6526, 6532.
Sec. 4-208 Veterinarians to provide treasurer with rabies certificate information; civil penalty.
A. Each veterinarian who vaccinates a dog against rabies or directs a veterinary technician in
his employ to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination
certificate. The veterinarian shall forward within forty-five (45) days a copy of the rabies vaccination
certificate or the relevant information contained in such certificate to the county’s director of finance.
The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the
animal owner’s name and address, the species of the animal, the sex, the age, the color, the primary breed,
whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies
vaccination certificate shall indicate the locality where the animal resides.
B. It shall be the responsibility of the owner of each vaccinated animal that is not already
licensed to apply for a license for the vaccinated dog. If the director of finance determines, from review of
the rabies vaccination information provided by the veterinarians, that the owner of an unlicensed dog has
failed to apply for a license within ninety (90) days of the date of vaccination, the director of finance shall
transmit an application to the owner and request the owner to submit a complete application and pay the
appropriate fee. Upon receipt of the completed application and payment of the license fee, the director of
finance or his designee shall issue a license receipt and a permanent tag.
The director of finance shall remit any rabies vaccination certificate received for any animal owned
by an individual residing in another locality to the local treasurer for the appropriate locality.
Any veterinarian that willfully fails to provide the director of finance with a copy of the rabies
vaccination certificate or the information contained in such certificate may be subject to a civil penalty not to
exceed ten dollars ($10.00) per certificate. Monies raised pursuant to this subsection shall be placed in the
county’s general fund for the purpose of animal control activities including spay or neuter programs.
(Ord. 08-4(2), 9-3-08, § 4-303; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6529.
Sec. 4-209 Amount of license tax.
A. Dog license taxes shall be as follows:
1. Spayed Female/Neutered Male.
One year tag: Five dollars ($5.00)
Two year tag: Ten dollars ($10.00)
Three year tag: Fifteen dollars ($15.00)
20
2. Unspayed Female/Unneutered Male.
One year tag: Ten dollars ($10.00)
Two year tag: Twenty dollars ($20.00)
Three year tag: Thirty dollars ($30.00)
3. Kennel license. Fifty dollars ($50.00) per block of ten dogs
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 any
dog that is trained and serves as a service dog for a mobility-impaired person.
(Code 1967, § 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, § 4-23; Ord. 98-A(1), 8-5-98, § 4-
303; Ord. 08-4(2), 9-3-08, § 4-304; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code § 3.2-6528.
Sec. 4-210 When license tax payable, valid.
A. The license tax imposed on dogs by this article shall be due and payable 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 and each year thereafter no later than January 31 of each
year.
B. If a dog shall become four (4) months of age or if a dog over four (4) months of age
unlicensed by this county shall come into the possession of any person in this county between January 1
and October 31 of any year, a license tax for the current calendar year shall be paid forthwith by the owner.
C. If a dog shall become four (4) months of age or if a dog over four (4) months of age
unlicensed by this county shall come into the possession of any person in this county between November 1
and December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by
the owner and such license shall protect the dog from the date of payment of the license tax.
(Code 1967, § 4-21; 9-13-89; Code 1988, § 4-24; Ord. 98-A(1), 8-5-98, § 4-304; Code 1967, § 4-23; Code
1988, § 4-26; Ord. 98-A(1), 8-5-98, § 4-306; Ord. 08-4(2), 9-3-08, § 4-305; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code § 3.2-6530.
Sec. 4-211 Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to appear before the judge of the general
district court or other court for failure to pay the license tax within the time required shall not operate to
relieve such owner from any penalty for the violation of this article.
(Code 1967, § 4-22; Code 1988, § 4-25; Ord. 98-A(1), 8-5-98, § 4-305; Ord. 08-4(2), 9-3-08, § 4-306; Ord.
09-4(1), 7-8-09)
State law reference--Va. Code § 3.2-6536.
Sec. 4-212 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be
deemed to be unlicensed, and in any proceeding under this article, the burden of proof of the fact that the
dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the
dog.
(Code 1967, § 4-24; Code 1988, § 4-27; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08, § 4-307; Ord. 09-4(1),
7-8-09)
State law reference-- Va. Code § 3.2-6533.
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Sec. 4-213 Display of receipts; collar and tag to be worn; penalties.
A. Dog license receipts shall be carefully preserved by the owner and exhibited promptly on
request for inspection by any animal control officer or other officer. Dog license tags shall be securely
fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the
owner to permit any licensed dog four (4) months old or older to run or roam at large at any time without a
license tag. The owner of the dog may remove the collar and license tag required by this section when:
(i) the dog is engaged in lawful hunting;
(ii) the dog is competing in a dog show;
(iii) the dog has a skin condition which would be exacerbated by the wearing of a
collar;
(iv) the dog is confined; or
(v) the dog is under the immediate control of its owner.
B. The license tag for a kennel shall show the number of dogs authorized to be kept under
such license, and have attached thereto a metal identification plate for each of such dogs, numbered to
correspond with the serial number of the license tag. The owner of a kennel shall securely fasten the
license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith
attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not
so in use must be kept by the owner or custodian and promptly shown to any animal control officer or other
officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but
this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian
for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such
manner as to defraud the county of the license tax applying to dogs which cannot be legally covered
thereunder or to any manner which violates other provisions of this article.
C. It shall be unlawful for the owner of any dog to allow his dog to run at large at any time of
the year in violation of this section
(Code 1967, § 4-26; 4-13-88; Code 1988, § 4-29; Ord. 98-A(1), 8-5-98, § 4-309; Code 1967, § 4-31; 4-13-
88; Code 1988, § 4-34; Ord. 98-A(1), 8-5-98, § 4-314; Code 1967, § 4-32; 4-13-88; Code 1988, § 4-35; Ord.
98-A(1), 8-5-98; Ord. 05-4(1), 12-7-05, § 4-315; Ord. 08-4(2), 9-3-08, § 4-308; Ord. 09-4(1), 7-8-09)
State law reference--Va. Code §§ 3.2-6531, 3.2-6587(A).
Sec. 4-214 Harboring or concealing unlicensed dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax
has not been paid.
(Code 1967, § 4-15; Code 1988, § 4-13; Ord. 98-A(1), 8-5-98, § 4-210; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6587
DIVISION 3. COMMERCIAL BREEDERS
Sec. 4-215 Business license required.
No commercial dog breeder shall breed dogs in the county without a valid business license issued
by the county’s department of finance, as applicable, where he maintains dogs for the purpose of
commercial dog breeding.
(Ord. 09-4(1), 7-8-09)
State law reference—Business license required. Va. Code § 3.2-6507.1.
Sec. 4-216 Commercial dog breeding; requirements.
Commercial dog breeders shall:
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A. Maintain no more than fifty (50) dogs over the age of one (1) year at any time for breeding
purposes.
B. 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.
C. Dispose of dogs only by gift, sale, transfer, barter, or euthanasia by a licensed veterinarian.
D. Dispose of deceased dogs in accordance with Virginia Code § 3.2-6554.
E. Maintain accurate records for at least five (5) years including:
(i) the date on which a dog enters the operation;
(ii) the person from whom the animal was purchased or obtained, including the address
and phone number of such person;
(iii) a description of the animal, including the species, color, breed, sex, and approximate
age and weight;
(iv) any tattoo, microchip number, or other identification number carried by or appearing on
the animal;
(v) each date that puppies were born to such animal and the number of puppies;
(vi) all medical care and vaccinations provided to the animal, including certifications
required by a licensed veterinarian under this chapter; and
(vii) the disposition of each animal and the date.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6507.2.
Sec. 4-217 Violations; penalty.
Any commercial dog breeder violating any provision of this division shall be guilty of a class 1
misdemeanor.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6507.5.
DIVISION 4. DANGEROUS AND VICIOUS DOGS
Sec. 4-218 Dangerous and vicious dogs.
A. As used in this section:
“Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury
on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat.
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 if:
(i) 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;
(ii) both animals are owned by the same person;
(iii) such attack occurs on the property of the attacking or biting dog’s owner or custodian;
or
(iv) 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
23
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.
“Vicious dog” means a canine or canine cross breed that has:
(i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites, serious disfigurement,
serious impairment of health, or serious impairment of a bodily function; or
(iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or
before July 1, 2006, by an animal control officer 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 its jurisdiction is a dangerous dog or vicious dog shall apply to a
magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to
appear before a general district court at a specified time. The summons shall advise the owner of the
nature of the proceeding and the matters at issue. 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 Virginia Code § 3.2-6562.
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 Virginia Code §§ 19.2-260
et.seq. The county shall be required to prove its case beyond a reasonable doubt.
C. No canine or 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: (i) committing, at the time, a crime upon the premises occupied by the
animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by
the animal’s owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be
shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police
dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be
found to be a dangerous dog or 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) days of such
finding, obtain a dangerous dog registration certificate from the county for a fee of fifty dollars ($50.00), in
addition to other fees that may be authorized by law. The county shall also provide the owner with a
uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the
animal’s collar and ensure that the animal wears the collar and tag at all times. All certificates obtained
pursuant to this subsection shall be renewed annually for the same fee in the same manner as the initial
certificate was obtained. The county shall provide a copy of the dangerous dog registration certificate and
verification of compliance to the state veterinarian.
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 of:
(i) the animal’s current rabies vaccination, if applicable;
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(ii) that the animal has been spayed or neutered; and
(iii) that the animal is and will be confined in a proper enclosure or is and will be confined
inside the owner’s residence or is and will be muzzled and confined in the owner’s fenced-in yard until the
proper enclosure is constructed.
In addition, owners who apply for certificates or renewals thereof under this section shall not be
issued a certificate or renewal thereof unless they present satisfactory evidence that:
(i) their residence is and will continue to be posted with clearly visible signs warning both
minors and adults of the presence of a dangerous dog on the property; and
(ii) the animal has been permanently identified by means of a tattoo on the inside thigh or
by electronic implantation.
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. W hen 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 Virginia Code § 3.2-6542, within
forty-five (45) days of such a finding by any appropriate court. The owner shall also cause the local animal
control officer to be promptly notified of: (i) the names, address, and telephone numbers of all owners; (ii) all
the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack
by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any
attack; (v) tattoo or chip identification or both; (vi) proof of insurance or surety bond; and (vii) 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 local animal control authority to be notified if the animal: (i)
is loose or unconfined; or (ii) bites a person or attacks another animal; or (iii) 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 appropriate local animal control authority for the old address from which the
animal has been 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:
1) shall be guilty of a 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; or
2) shall be guilty of a 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) shall be subject to prosecution pursuant to Virginia Code § 3.2-6540 if the owner or
custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed,
or other animals 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.
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,
25
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 shall be guilty of a class 1 misdemeanor.
L. All fees collected pursuant to this section, less the costs incurred by the county in
producing and distributing the certificates and tags required by this section, shall be paid into a special
dedicated fund of the county for the purpose of paying the expenses of any training course required under
Virginia Code § 3.2-6556.
(Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A.1; Ord. 98-A(1), 8-5-98; Ord. 03-4(1), 2-5-03; Ord. 03-4(3),
12-3-03, § 4-401; Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A; Ord. 98-A(1), 8-5-98; Ord. 03-4(3), 12-3-
03, § 4-400; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6540.
ARTICLE III. IMPOUNDMENT
Sec. 4-300 Duties of animal control officers; seizure and impoundment of animals; notice and
hearing; disposition of animals.
A. Any animal control officer or law enforcement officer may lawfully seize and impound any
animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this
chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its
life, safety or health. Before seizing or impounding any agricultural animal, such animal control officer or law
enforcement officer shall contact the state veterinarian or a state veterinarian's representative, who shall
recommend to such person the most appropriate action for the disposition of the agricultural animal. The
animal control officer shall notify the owner of the agricultural animal and the local attorney for the
Commonwealth of the recommendation. The animal control officer may impound the agricultural animal on
the land where the agricultural animal is located if:
1. The owner or tenant of the land where the agricultural animal is located gives
written permission;
2. A general district court so orders; or
3. The owner or tenant of the land where the agricultural animal is located cannot be
immediately located, and it is in the best interest of the agricultural animal to be impounded on the land
where it is located until the written permission of the owner or tenant of the land can be obtained.
If there is a direct and immediate threat to an agricultural animal, the animal control officer or law
enforcement officer may seize the animal, in which case the law-enforcement officer or animal control
officer shall file within five (5) business days on a form approved by the state veterinarian a report on the
condition of the animal at the time of the seizure, the disposition of the animal, and any other information
required by the state veterinarian.
Upon seizing or impounding an animal, the animal control officer or law enforcement officer shall
petition the general district court in the county for a hearing. The hearing shall be not more than ten (10)
business days from the date of the seizure of the animal. The hearing shall be to determine whether the
animal has been abandoned, has been cruelly treated, or has not been provided adequate care.
B. The animal control officer shall cause to be served upon the person with a right of property
in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known
and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five (5)
days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but
residing out of the jurisdiction where such animal is seized, written notice by any method or service of
process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known,
the law-enforcement officer or animal control officer shall cause to be published in a newspaper of general
circulation in the county notice of the hearing at least one time prior to the hearing and shall further cause
26
notice of the hearing to be posted at least five (5) days prior to the hearing at the place provided for public
notices at the county courthouse wherein such hearing shall be held.
C. The procedure for appeal and trial shall be the same as provided by law for misdemeanors.
If requested by either party on appeal to the circuit court, trial by jury shall be as provided in Virginia Code
§§ 19.2-260 et seq.
D. The law-enforcement officer, or animal control officer shall provide for such animal until the
court has concluded the hearing. The county may require the owner of any animal held pursuant to this
section for more than thirty (30) days to post a bond in surety with the county for the amount of the cost of
boarding the animal for a period not to exceed nine (9) months. If the court determines that the animal has
been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the
owner. If the court determines that the animal has been abandoned, cruelly treated, or deprived of
adequate care, then the court shall order that the animal be: (i) sold by the animal control officer; (ii)
humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency
of the Commonwealth, agency of another state, or a licensed federal dealer having its principal place of
business located within the Commonwealth; (iii) delivered to any local humane society or shelter, or to any
person who is a resident of the county or an adjacent county and who will pay the required license fee, if
any, on such animal; or (iv) delivered to the person with a right of property in the animal as provided in
subsection E.
E. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if
the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care.
The court shall direct that the animal be delivered to the person with a right of property in the animal, upon
his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not
attributable to the actions or inactions of such person.
F. The court shall order the owner of any animal determined to have been abandoned, cruelly
treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for
such animal from the time the animal is seized until such time that the animal is disposed of in accordance
with the provisions of this section.
G. The court may prohibit the possession or ownership of other companion animals by the
owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate
care. In making a determination to prohibit the possession or ownership of the companion animals, the
court may take into consideration the owner’s past record of convictions under this chapter or other laws
prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner’s mental and
physical condition.
H. If the court finds that an agricultural animal has been abandoned or cruelly treated, the
court may prohibit the possession or ownership of any other agricultural animal by the owner of the
agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals
as evidenced by previous convictions of violating section 4-107 or section 4-108. In making a determination
to prohibit the possession or ownership of agricultural animals, the court may take into consideration the
owner’s mental and physical condition.
I. Any person who is prohibited from owning or possessing animals pursuant to subsection G
or H may petition the court to repeal the prohibition after two (2) years have elapsed from the date of entry
of the court’s order. The court may, in its discretion, repeal the prohibition if the person can prove to the
satisfaction of the court that the cause for the prohibition has ceased to exist.
J. In case of sale of an animal under this section, the proceeds shall first be applied to the
costs of the sale, then next to the unreimbursed expenses for the care and provision of the animal, and the
remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot
be found, the proceeds remaining shall be paid into the Literary Fund of the state treasury.
K Nothing in this section shall be construed to prohibit the humane destruction of a critically
injured or ill animal for humane purposes by the impounding animal control officer or licensed veterinarian.
(Ord. 98-A(1), 8-5-98, § 4-208; Ord. 09-4(1), 7-8-09)
27
State law reference—Va. Code § 3.2-6569.
Sec. 4-301 Impoundment; expenses; lien; disposition of animal.
When an animal control officer or law-enforcement officer finds that an apparent violation of this
chapter has rendered an animal in such a condition as to constitute a direct and immediate threat to its life,
safety, or health that the owner or custodian has failed to remedy, such animal control officer or law
enforcement officer may impound the animal pursuant to section 4-300 in a facility that will provide the
elements of good care as set forth in section 4-105, and shall then proceed to take such steps as are
required to dispose of the animal pursuant to section 4-300.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6565.
Sec. 4-302 Dogs killing, injuring or chasing livestock or poultry--Impoundment and disposition.
In the event any animal control officer or other person has reason to believe that any dog is killing
livestock or committing any of the depredations mentioned in section 4-201, and a warrant or summons is
issued by a magistrate of the county, as set out in section 4-201, the alleged killer dog may be impounded
by the animal control officer until such time as the owner or custodian thereof shall provide evidence of the
adequate provisions to be made to protect livestock or poultry from such dog, which provisions may include,
but not be limited to, securing of such dog on the premises of the owner or custodian, with defined
limitations of access. Any dog released under such conditions shall be kept under such securing
provisions, and any person failing to keep such dog so secured shall be deemed in violation of this section.
The owner or custodian redeeming such dog from impoundment as provided above shall also furnish the
license(s) and pay the fee(s) as provided by sections 4-205 and 4-208, respectively. If the court finds such
dog is not a livestock killer or has not committed any of the depredations mentioned in section 4-201, any
dog not re-deemed within ten (10) days of disposition of the original charge by the court shall be dealt with
by the animal control officer in the same manner as provided for the disposition of unlicensed dogs in
section 4-303.
(5-2-79; 4-13-88; Code 1988, § 4-9.1; Ord. 98-A(1), 8-5-98, § 4-204; Ord. 09-4(1), 7-8-09)
Sec. 4-303 Disposition of unlicensed dogs; running at large.
A. The animal control officer shall have the authority to capture, euthanize or turn over to an
animal shelter any dog of unknown ownership found running at large on which the license tax has not been
paid.
B. Any dog captured and confined pursuant to this section, shall be kept for a period of not
less than five (5) days, such period to commence on the day immediately following the day the animal is
initially confined in an animal shelter or facility, unless sooner claimed by the rightful owner thereof. The
animal control officer and/or the operator of the animal shelter shall make a reasonable effort to ascertain
whether the dog has a collar, tag, license, tattoo, or other form of identification. If such identification is
found on the dog, the dog shall be held for an additional five (5) days, unless sooner claimed by the rightful
owner. If the rightful owner of the animal can be readily identified, the animal control officer and/or the
animal shelter shall make a reasonable effort to notify the owner of the dog’s confinement within the next
forty-eight (48) hours following its confinement.
If any dog confined pursuant to this section is claimed by its rightful owner, such owner may be
charged with the actual expenses incurred in keeping the animal impounded.
If the dog confined pursuant to this section has not been claimed upon expiration of the appropriate
holding period as set-forth above, it shall be deemed abandoned and become the property of the county or
the animal shelter.
Following the appropriate holding period set forth above, the animal control officer or other officer
may deliver such dog to any person in the county who will pay the required license fee on such dog, with
28
the understanding that should the legal owner thereafter claim the dog and prove his ownership, he may
recover such dog by paying to the person to whom it was delivered by the animal control officer the amount
of the license fee paid by him and a reasonable charge for the keep of the dog while in his possession.
Any person, animal control officer or other officer euthanizing a dog under this chapter shall
cremate, bury or sanitarily dispose of the same. Prior to disposition by euthanasia or otherwise, all the
provisions of Virginia Code § 3.2-6563 shall have been complied with.
C. All drugs and drug administering equipment used by animal control officers or other officers
to capture dogs pursuant to this section shall have been approved by the state veterinarian.
(Code 1967, § 4-10; 8-11-76; 4-13-88; Code 1988, § 4-10; Ord. 98-A(1), 8-5-98, § 4-205; Ord. 09-4(1), 7-8-
09)
State law reference - Va. Code §§ 3.2-6546 (c); 3.2-6562.
ARTICLE IV. RABIES CONTROL
State law reference-- Va. Code §§ 3.2-6521; 3.2-6522; 3.2-6523; 3.2-6525.
Sec. 4-400 Vaccination of dogs and cats required.
A. The owner or custodian of all dogs and domesticated cats four (4) months of age and older
shall have them 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. The
supervising veterinarian on the premises shall provide the owner of the dog or the custodian of the
domesticated cat with a certificate of vaccination. The owner of the dog or the custodian of the
domesticated cat shall furnish within a reasonable period of time, upon the request of an animal control
offer or other 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.
(Code 1967, § 4-35; 4-8-87; 12-14-88; Code 1988, § 4-38; Ord. 98-A(1), 8-5-98, § 4-500; Ord. 09-4(1), 7-8-
09)
State law reference—Va. Code § 3.2-6521.
Sec. 4-401 Rabid animals.
Dogs or cats showing active signs of rabies or suspected of having rabies shall be confined under
competent observation for such a time as may be necessary to determine a diagnosis. If confinement is
impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the
state veterinarian as provided in Virginia Code § 3.2-6546.
Every person having knowledge of the existence of an animal apparently afflicted with rabies shall
report immediately to the Charlottesville/Albemarle Health Department the existence of such animal, the
place where seen, the owner’s name, if known, and the symptoms suggesting rabies.
Any dog or cat, for which no proof of current rabies vaccination is available, and that 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 Charlottesville/Albemarle Health Department for a period not to exceed six (6)
months at the expense of the owner. If this is not feasible, the dog or cat shall be euthanized by one of the
methods approved by the state veterinarian as provided in Virginia Code § 3.2-6546. A rabies vaccination
shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of
confinement. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous s ystem
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 Charlottesville/Albemarle Health Department, for a period of forty-five (45) days.
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At the discretion of the director of the Charlottesville/Albemarle Health Department, any animal that
has bitten a person shall be confined under competent observation for ten (10) days, unless the animal
develops active symptoms of rabies or expires before that time. A seriously injured or sick animal may be
euthanized as provided in Virginia Code § 3.2-6546, and its head sent to the Division of Consolidated
Laboratory Services of the Department of General Services, or the Charlottesville/Albemarle Health
Department, for evaluation.
When any 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 the director of the
Charlottesville/Albemarle Health Department in a manner approved by the health department or euthanized
as provided in Virginia Code § 3.2-6546.
Any person who fails to comply with the provisions of this section shall be guilty of a class 1
misdemeanor.
(Code 1967, § 4-37; Code 1988, § 4-40; Ord. 98-A(1), 8-5-98, § 4-502; Code 1967, § 4-38; Code 1988, § 4-
41; Ord. 98-A(1), 8-5-98, § 4-503; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6522.
Sec. 4-402 Harboring or concealing rabid animals.
It shall be unlawful for any person to conceal a rabid animal to keep the same from being killed.
(Code 1967, § 4-15; Code 1988, § 4-13; Ord. 98-A(1), 8-5-98, § 4-210; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6587.
Sec. 4-403 Inoculation for rabies at animal shelters.
Dogs and cats being adopted from an animal shelter during the period an emergency ordinance is
in force, as provided in section 4-401 may be inoculated for rabies by a certified animal technician at such
shelter if the certified animal technician is under the immediate and direct supervision of a licensed
veterinarian.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code §3.2-6523.
Sec. 4-404 Tag showing vaccination required on dogs at large.
It shall be unlawful for any dog owner or his agent to allow a dog to run at large in the county at any
time without a collar and tag evidencing a rabies vaccination, as required by this article.
(Code 1967, § 4-36; Code 1988, § 4-39; Ord. 98-A(1), 8-5-98, § 4-501; Ord. 09-4(1), 7-8-09)
Sec. 4-405 Applicability of article.
The provisions of this article shall not apply to any dogs temporarily brought into the county for a
period not to exceed thirty (30) days, for showing or breeding purposes; provided, that any such dog shall
remain confined at all times.
(Code 1967, § 4-39; Code 1988, § 4-42; Ord. 98-A(1), 8-5-98, § 4-504; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code §§ 3.2-6525; 32.1-48.l to 32.1-48.4.