HomeMy WebLinkAbout2009-7-08
B OARD OF SUPERVISORS
T E N T A T I V E
JULY 8, 2009
6:00 P.M. LAN E AUDITORIU M
C OUNTY OFFICE BUILDIN G
1. C all to Order.
2. Pledge of Allegiance.
3. Moment of Silenc e.
4. From the Board: Matters Not Listed on the Agenda.
5. From the Public: Matters Not Lis ted for Public Hearing on the Agenda.
6. Consent Agenda (on next sheet).
PUBLIC HEAR INGS:
7. FY 2010 Budget A mendment.
8. PROJECT: SP2009002. Keswick Hunt Club AT&T CV333A Tier III PW SF. PROPOSED: New treetop
facility in an avoidance area (South W est Mountains Historic D istrict). ZONIN G C ATEGOR Y/GEN ERAL
U SAGE: RA, Rural Areas; EC Entrance Corridor overlay. SECTION : 10.2.2 (48) Special Use Permit,
w hich allows for Tier III personal w ireless facilities in the RA Zoning Distric t. COMPREHENSIVE PLAN
LAND USE/DENSITY: Rural Areas uses in R ural Area 2. LOC ATION: Tax Map 80, Parcel 6A: in the
Keswick area at the intersection of Louisa Road [State Route 22] and Hunt Club Road [State Route 744].
MAGISTERIAL DISTR ICT: Riv anna. RELATED APPLICATION: None.
9. An ordinance to amend Chapter 4, A nimals and Fowl of the Albemarle County Code. The proposed
ordinance: 1) reorganizes the Chapter and amends the local animal laws to parallel the rec odified Virginia
C ode provisions related to loc al animal laws ; 2) includes new provisions that s et forth the s tandard of care
for companion animals; regulates the abandonment of an animal; allows livestock owners to s eek
c ompensation for livestock or poultry killed by dogs; set forth the licensing and business prac tice
requirements for c ommercial dog breeders; allows animal control to impound an animal that has not received
adequate care; and establishes the procedures for capturing a rabid animal and the duties of a rabid animal
owner; 3) amends the animal noise standard by removing “unreasonably disturbs the peace and quiet,
c omfort, or repos e of any person” and adding that the excess ive, continuous and untimely noise of an
animal must be “audible on the property of the c omplainant”, and removes the fiveacre R ural Areas
exception to make the animal noise provision applicable Countywide; and 4) amends the running at
large section to prohibit running at large throughout the County except in areas zoned Rural Areas D istrict
but continues to prohibit running at large in those areas zoned Rural Areas District that were previously
identified in Sec . 4200(A) as no running at large areas, and provides an exc eption for dogs on a bona fide
hunt during hunting season or during field trail and training periods when acc ompanied by a licensed hunter.
10. From the Board: Matters Not Lis ted on the Agenda.
11. Adjourn.
CON SENT AGEND A
FOR APPR OVAL:
6.1 Approval of Minutes: May 7 and December 9, 200; March 11, April 1 and April 8, 2009.
6.2 Set a public hearing to consider proposed ordinance to amend County Code C hapter 17 to require
permanent vegetation to be established on disturbed
areas within a s pecified period and to make other administrative and procedural changes.
6.3 Set a public hearing to consider the adoption of an ordinance to implement Traffic Light Signal
Monitoring Sys tems (“Photo R ed Systems”).
6.4 Resolution to accept road(s) in Bargamin Park Subdivision into the State Secondary System of
H ighw ays.
6.5 Resolution to accept road(s) in H idden Fores t Subdivision into the State Sec ondary System of
H ighw ays.
Ret urn t o Top of Agenda
Ret urn t o Board of Superv isors Home P age
Ret urn t o Count y Home Page
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Water Protection Ordinanc e C hanges
SUBJECT/PR OPOSAL/REQUEST:
Set a public hearing to consider a propos ed
ordinance to amend County Code Chapter 17 to
require permanent vegetation to be es tablished on
disturbed areas within a specified period and to
make other administrative and procedural changes
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Kamptner, Graham,
Brooks
LEGAL R EVIEW: Yes
AGENDA DA TE:
July 8, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
At the May 6, 2009 work session on s tormw ater regulations, the Board directed staff to, among other things, initiate
the proces s for the Board to amend the Water Protection Ordinance to establish limits on the time that land may
remain disturbed under the C ounty’s eros ion and sediment control regulations. In preparing a draft ordinance as
directed by the Board, staff has identified some other recommended amendments to the W ater Protection Ordinance
to facilitate its implementation and administration, and to keep it current w ith State law.
STRA TEGIC PLAN:
Goal 4: Effectively Manage Growth and Development: The process c hanges proposed are to provide for a more
efficient and predictable development review process for applicants, the public and staff.
DISCU SSION :
The proposed ordinanc e w ould establish a time limit for land disturbance as directed by the Board at its May 6, 2009
work session. Staff recommends that land be allowed to be disturbed for 9 months, by which time permanent
vegetation would need to be installed on all denuded areas that are either not part of an active building permit or
areas w here erosion is prevented by a nonerosive surface. “Noneros ive surface” would be defined in the
regulations. The proposed ordinance also would allow the 9month period to be extended by the program authority
for up two three months or by the Board, both under prescribed circums tances.
Staff recommends that the Water Protec tion Ordinanc e also be amended to address inactive applications for erosion
and sediment control plans (hereinafter, “E & S plans ”) and approved E & S plans for which no subsequent land
disturbing activity timely occurs. The proposed ordinanc e w ould prov ide that an application for an E & S plan for
which revisions are required in order for the plan to be approved would be deemed w ithdraw n if a revised plan was
not submitted within 6 months after the ow ner received notice of the required revisions from the County. The
proposed ordinance would also provide that an approved E & S plan would become void if the owner failed to obtain
a grading, building or other permit for land disturbing activities within one year after approval of the E & S plan.
Staff als o recommends that the bonding requirements in the W ater Protection Ordinance be amended to comply with
a new s tate law effective July 1, 2009 that requires localities to reduce the percentage of administrative overhead
that may be included in bonds to secure subdivision improvements from 25 percent to 10 percent.
The proposed ordinanc e also would make other minor technical amendments to update crossreferences to State
regulations and to mirror time periods for action allow ed by State law.
BUDGET IMPACT:
Although no specific budget changes are anticipated, staff believes these changes will allow for limited resources to
be used more effectiv ely and provide greater predictability w ith respect to process.
RECOMMENDA TION S:
Staff recommends that the Board set an August 5, 2009 public hearing for the attached ordinance.
ATTAC HMENTS:
A – Draft W ater Protection Ordinance Amendment
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
Attachment A
Draft: 06/30/09
1
ORDINANCE NO. 09-17( )
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE II, EROSION AND SEDIMENT CONTROL,
AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water
Protection, Article II, Erosion and Sediment Control, and Article III, Stormwater Management and Water
Quality, are amended and reordained as follows:
By Amending:
Sec. 17-203 Erosion and sediment control plan
Sec. 17-204 Review and approval of erosion and sediment control plans
Sec. 17-207 Issuance of permit; surety
Sec. 17-304 Review and approval of stormwater management/BMP plans
Sec. 17-306 Issuance of permit; surety
Chapter 17. Water Protection
Article II. Erosion and Sediment Control
Sec. 17-203 Erosion and sediment control plan.
Except as provided in section 17-205, each owner subject to this article shall submit to the program
authority for review and approval an erosion and sediment control plan as provided herein:
A. The owner shall submit a completed application on an application form provided by the
program authority, the fee required by section 17-209, an erosion and sediment control plan that satisfies the
requirements of paragraphs (B) and (C), and a certification stating that all requirements of the approved plan
will be complied with.
B. The plan shall include specifications for temporary and permanent controls of soil erosion and
sedimentation in such detail as the program authority shall deem reasonably adequate, considering the nature
and extent of the proposed land disturbing activity, and a statement describing the maintenance responsibilities
of the owner to assure that the land disturbing activity will satisfy the purposes and requirements of this article.
The plan shall be in accordance with the applicable provisions of the handbook, including the criteria,
techniques and methods set forth in section 50-30-40 of Title 4 of the Virginia Administrative Code 4 VAC 50-
30-40. The plan shall identify the person holding a certificate of competence, as described in Virginia Code §
10.1-561, who shall be in charge of and responsible for carrying out the land disturbing activity.
C. The program authority may require additional information as may be necessary for a complete
review of the plan.
D. In lieu of paragraphs (A), (B) and (C), if the land disturbing activity involves land also under
the jurisdiction of another local erosion and sediment control program, the owner may, at his option, choose to
have a conservation plan approved by the Virginia Department of Conservation and Recreation, Division of Soil
and Water Conservation Board. The owner shall notify the program authority of such plan approval by such
board.
E. If land disturbing activity will be required of a contractor performing construction work
pursuant to a construction contract, the preparation, submission and approval of a plan shall be the responsibility
of the owner.
(§ 19.3-11, 2-11-98; § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 7-4, 6-18-75, § 6, 10-22-75, 4-
Attachment A
Draft: 06/30/09
2
21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-87, 12-11-91, 3-18-92; Code 1988, §§ 7-3, 7-4, 19.3-11; Ord.
98-A(1), 8-5-98; Ord. 01-17(1), 7-11-01)
State law reference--Va. Code § 10.1-563.
Sec. 17-204 Review and approval of erosion and sediment control plan.
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and
approved as provided herein:
A. The plan shall be reviewed by the program authority to determine whether it complies with the
requirements of section 17-203 and all other requirements of this article.
B. During its review of the plan, the program authority may meet with the owner from time to time
to review and discuss the plan with the owner, and shall inform the owner in writing of any modifications,
terms, or conditions required to be included in the plan in order for it to be approved. The program authority
may also consider and act on a variance request under the following criteria: (i) the owner shall explain in
writing the reasons for requesting the variance; and (ii) the variance may be approved if the program authority
determines that the approved plan, with the variance and any associated conditions of approval, would protect
off-site properties and resources from damage to the same extent or better than if the variance was not granted.
C. Except as provided in paragraph (E), the program authority shall approve or disapprove a plan
in writing within forty-five (45) days from the date the complete application was received by the program
authority. The decision of the program authority shall be based on the plan’s compliance with the requirements
of this article. The decision shall be in writing and shall be served by first class mail to the address provided by
the owner in the application for approval of the plan or by personal delivery to the owner. The date of the
decision shall be either the date that it is deposited for mailing or the date that it is personally delivered to the
owner. If the plan is disapproved, the reasons for disapproval shall be stated in the writing.
D. If the program authority fails to act on the plan within forty-five (45) days from the date the
application was received by the program authority, the plan shall be deemed approved.
E. If the owner is required to obtain approval of a site plan or plat, the program authority shall not
approve an erosion and sediment control plan unless and until the site plan or plat is approved as provided by
law. For purposes of this paragraph, a site plan or plat may be deemed approved by the program authority if its
approval is conditioned upon the approval of an erosion and sediment control plan pursuant to this article, and
the program authority determines that review and approval of the erosion and sediment control plan will not
affect approval of the site plan or plat. The program authority may approve an erosion and sediment control
plan prior to approval of a required site plan or plat in the following circumstances:
1. to correct any existing erosion or other condition conducive to excessive sedimentation
which is occasioned by any violation of this chapter or by accident, act of God or other cause beyond the control
of the owner; provided, that the activity proposed shall be strictly limited to the correction of such condition;
2. to clear and grub stumps and other activity directly related to the selective cutting of
trees, as permitted by law;
3. to install underground public utility mains, interceptors, transmission lines and trunk
lines for which plans have been previously approved by the operating utility and approved by the county as
being substantially in accord with the comprehensive plan, if necessary;
4. to fill earth with spoils obtained from grading, excavation or other lawful earth
disturbing activity;
Attachment A
Draft: 06/30/09
3
5. to clear, grade, fill or engage in similar related activity for the temporary storage of
earth, equipment and materials, and to construct temporary access roads; provided, that in each case, the area
disturbed shall be returned to substantially its previous condition, with no significant change in surface contours.
The return to previous condition shall occur within thirty (30) days of the completion of the activity or
temporary use, or within thirteen (13) months of the commencement of any land disturbing activity on the land
which is related to the activity, whichever period shall be shorter; or
6. to establish borrow, fill or waste areas in accordance with sections 5.1.28 and 10.2.1.18
of the zoning ordinance.
F. An application for an erosion and sediment control plan that requires modifications, terms, or
conditions to be included in order for it to be approved shall be deemed to be withdrawn if the owner fails to
submit a revised plan addressing the omitted modifications, terms or conditions within six (6) months after the
owner is informed of the omitted information as provided under paragraph (B).
G. An approved erosion and sediment control plan shall be void if the owner fails to obtain a
grading, building or other permit for activities involving land disturbing activities within one (1) year after the
date of the approval.
(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-12, 2-11-98; Code 1988,
§§ 7-5, 19.3-12; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code § 10.1-563.
Sec. 17-207 Issuance of permit; surety.
A grading, building or other permit for activities involving land disturbing activities may be issued by a
permit-issuing department only as provided herein:
A. The owner shall submit with his application for such permit an erosion and sediment control
plan, submitted for review and approval pursuant to this article, or an approved and valid erosion and sediment
control plan and certification that the plan will be followed. The permit-issuing department shall not issue a
permit until the erosion and sediment control plan has been approved until an approved and valid erosion and
sediment control plan and certification is are submitted.
B. Each permit shall also be subject to the following:
1. The permitted land disturbing activity shall be deemed to have commenced on the date
the permit was issued, provided that the program authority may establish another date of commencement based
on documentation submitted by the owner that clearly demonstrates that the land disturbing activity commenced
on that date.
2. Permanent vegetation shall be installed on all denuded areas within nine (9) months
after the date the land disturbing activity commenced, except for areas that the program authority finds are
necessary parts of the construction that are subject to an active building permit and areas where erosion is
prevented by a non-erosive surface. For the purposes of this section, a “non-erosive surface” includes, but is not
limited to, roadways and sidewalks covered by gravel, asphalt pavement, or concrete; trails or paths covered by
gravel, stone dust, or mulch; buildings and other permanent structures; and such other surfaces that the program
authority determines would adequately provide a permanent barrier to erosion.
3. The time limit for installing permanent vegetation may be extended as follows:
a. The program authority may extend the time limit for installing permanent
vegetation up to an additional three (3) months, provided the owner submits a written request to the program
Attachment A
Draft: 06/30/09
4
authority no less than one (1) month prior to the deadline for installing the permanent vegetation. The program
authority may grant the extension if it finds that the additional time is necessary due to factors beyond the
control of the owner; or
b. The board of supervisors may extend the time limit for installing permanent
vegetation for duration it determines to be appropriate, provided the owner submits a written request to the clerk
of the board of supervisors no less than two (2) months prior to the deadline for installing the permanent
vegetation. The program authority shall provide its opinion to the board as to the condition of the property with
respect to compliance with this chapter and an estimate of the minimum time needed to complete grading and
install permanent vegetation for the land disturbance covered by this permit. The board may grant the extension
if it finds that the additional time is necessary due to factors beyond the control of the owner.
BC. Prior to the issuance of such permit, the permit-issuing department shall require, or in the case
of an agreement in lieu of a plan may require, the owner to submit a reasonable performance bond with surety,
cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the permit-
issuing department and the county attorney, to ensure that measures could be taken by the permit-issuing
department or the program authority at the owner’s expense should he fail, after proper notice as provided in
section 17-213, to take timely corrective action specified in the notice.
CD. A bond or other surety required by the permit-issuing department pursuant to paragraph (BC)
shall not exceed the total of the estimated cost to initiate, maintain and repair all erosion and sediment control
structures and systems, and to comply with all other terms and conditions of the erosion and sediment control
plan. The amount of the bond or other surety shall be based on unit price for new public or private sector
construction, including architectural engineering, inspection and project management expenses, in Albemarle
County, Virginia, and a reasonable allowance for estimated administrative costs and inflation which shall not
exceed twenty-five (25) ten (10) percent of the estimated cost to initiate, maintain and repair all erosion and
sediment control structures and systems, and to comply with all other terms and conditions, of the erosion and
sediment control plan.
DE. If the program authority is required to take corrective action pursuant to section 17-213, upon
the failure of the owner to do so, the county may collect from the owner for the difference if the amount of the
reasonable cost of the corrective action exceeds the amount of the surety.
EF. Within sixty (60) days of achieving adequate stabilization of the land disturbing activity in any
project or section thereof, the bond or other surety, or any unexpended or unobligated portion thereof, shall be
refunded to the owner or terminated based upon the percentage of stabilization accomplished in the project or
section thereof.
G. If a bond or other surety is provided under paragraph (D) and the erosion and sediment control
plan expires before the permit is issued, the permit-issuing department shall return the bond or other surety to
the owner.
(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98; Code 1988,
§§ 7-5, 19.3-15; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code § 10.1-565.
Article III. Stormwater Management and Water Quality
Sec. 17-304 Review and approval of stormwater management/BMP plan.
Each stormwater management/BMP plan submitted pursuant to this article shall be reviewed and
approved as provided herein:
Attachment A
Draft: 06/30/09
5
A. Within ten (10) days from the receipt of an application, the program authority shall conduct a
preliminary review of the application for completeness. During this period, the program authority shall either
accept the application for review, which will begin the forty-five (45) day review period set forth in paragraph
(D), or reject the application for incompleteness. If the program authority rejects the application because it is
incomplete, it shall inform the owner in writing of the information necessary to complete the application. If the
program authority accepts the application for review, it shall send an acknowledgment of the acceptance of the
application to the owner.
B. The plan shall be reviewed by the program authority to determine whether it complies with the
requirements of section 17-303 and all other requirements of this article.
C. During its review of the plan, the program authority may meet with the owner from time to time
to review and discuss the plan with the owner, and to request any additional data as may be reasonably
necessary for a complete review of the plan.
D. The program authority shall approve or disapprove a plan within forty-five (45) sixty (60) days
from the date the application was accepted for review; provided that the program authority shall act on any plan
that was previously approved within forty-five (45) days after the plan was revised, resubmitted to the program
authority, and accepted for review. The decision of the program authority shall be based on the plan’s
compliance with this article. The decision shall be in writing and shall be served by first class mail to the
address provided by the owner in the application for approval of the plan or by personal delivery to the owner.
The date of the decision shall be either the date that it is deposited for mailing or the date that it is personally
delivered to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the
decision.
E. Each stormwater management/BMP plan approved by the program authority shall be subject to
the following:
1. The owner shall comply with all applicable requirements of the approved plan, this
article, the Virginia Stormwater Management Act (Virginia Code §§ 10.1-603.2 et seq.), and the state
stormwater management regulations set forth in 4 VAC 3-20-10 50-60-10 et seq.;
2. The owner shall certify that all land clearing, construction, land development and
drainage will be done according to the approved plan;
3. Land development shall be conducted only within the area specified in the approved
plan;
4. The rights granted by virtue of the approved plan shall not be transferred, assigned or
sold unless a written notice of transfer, assignment or sale is filed with the program authority and the recipient of
such rights provides the certification required by provision (E)(2);
5. The program authority may require, in conjunction with its approval of a plan, that the
owner first enter into a stormwater management/BMP facilities maintenance agreement as provided in section
17-323;
6. The program authority shall be allowed, after giving reasonable notice to the owner,
occupier or operator of the land development, to conduct periodic inspections as provided in section 17-324; and
7. The program authority may require, as a condition of plan approval, that the owner
enter into a right of entry agreement or grant an easement for purposes of inspection and maintenance. If such
agreement or easement is required, the program authority shall not be required to give notice prior to conducting
an inspection.
Attachment A
Draft: 06/30/09
6
F. Nothing in this section shall require approval of a plan or part thereof that is determined by the
program authority to pose a danger to the public health, safety, or general welfare or to deviate from sound
engineering practices.
(§ 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; § 19.3-28, 2-11-98; Code 1988,
§§ 19.1-7, 19.1-8, 19.3-28; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code §§ 10.1-603.2, 10.1-603.8.
Sec. 17-306 Issuance of permit; surety.
A grading, building or other permit for activities involving land development may be issued by a
permit-issuing department only as provided herein:
A. The owner shall submit with his application for such permit an approved stormwater
management/BMP plan and certification by the owner that all land clearing, construction, land development and
drainage will be done according to the approved plan. The permit-issuing department shall not issue a permit
until such approved plan until an approved stormwater management/BMP plan and certification are submitted.
B. Prior to the issuance of any such permit, the permit-issuing department shall require the owner
to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or
such other legal arrangement acceptable to the permit-issuing department and the county attorney, to ensure that
measures could be taken by the permit-issuing department or the program authority at the owner’s expense
should he fail, after proper notice as provided in section 17-325, to take timely corrective action specified in the
notice. The performance bond or other surety shall be provided from a date prior to the issuance of any permit
by the permit issuing department until sixty (60) days after the requirements of the approved stormwater
management/BMP plan have been completed, as determined by the program authority. If approved by the
program authority and the county attorney, the owner may submit the performance bond or other surety as part
of, or included in, any performance bond or surety required in conjunction with a site plan, plat, or the
performance bond or surety required by section 17-207.
C. A performance bond or other surety required by the permit-issuing department pursuant to
paragraph (B) shall not exceed the total of the estimated cost to initiate, maintain and repair all stormwater
management facilities, practices and other appropriate actions which may be required of the owner pursuant to
the approved stormwater management/BMP plan as a result of the land development. The amount of the bond
or other surety shall be based on unit price for new public or private sector construction, including architectural
engineering, inspection and project management expenses, in Albemarle County, Virginia, and a reasonable
allowance for estimated administrative costs and inflation which shall not exceed twenty-five (25) ten (10)
percent of the estimated cost to initiate, maintain and repair all stormwater management facilities, practices and
other appropriate actions which may be required of the owner pursuant to the approved stormwater
management/BMP plan.
D. If the program authority is required to take corrective action pursuant to section 17-325 upon
the failure of the owner to do so, the county may collect from the owner for the difference if the amount of the
reasonable cost of the corrective action exceeds the amount of the surety.
E. Within sixty (60) days of the completion of the requirements of the approved stormwater
management/BMP plan, as determined by the program authority, the bond or other surety, or any unexpended or
unobligated portion thereof, shall be refunded to the owner or terminated. Thereafter, compliance with the
requirements of this article shall be assured by a maintenance agreement entered into by and between the owner
and the program authority, which agreement shall be in a form approved by the county attorney.
F. If a bond or other surety is provided under paragraph (B) and the stormwater management/BMP
plan expires before the permit is issued, the permit-issuing department shall return the bond or other surety to
Attachment A
Draft: 06/30/09
7
the owner.
(§ 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-30, 2-11-98; Code 1988, §§ 19.1-7, 19.3-30; Ord. 98-A(1), 8-5-
98)
State law reference--Va. Code § 10.1-603.8.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Traffic Light Signal Monitoring Systems (“Photo Red
Systems”)
SUBJECT/PR OPOSAL/REQUEST:
Set a public hearing to consider the adoption of an
ordinance to implement Traffic Light Signal Monitoring
Systems.
STAFF CON TA CT(S):
Messrs. Tucker, Elliot, Davis, Miller, Allen, C hiarappa
and Ms. Kim
LEGAL R EVIEW: Yes
A GENDA DATE:
July 8, 2009
A CTION: INFORMATION:
C ONSENT AGENDA:
ACTION: X INFORMATION:
A TTACHMENTS: Yes
R EVIEWED B Y:
BACK GROUND :
In 2007, the General As sembly enacted Virginia Code §15.2968.1, permitting localities to establish, by ordinance,
traffic light signal monitoring systems (“Photo Red sys tems”). Localities may install a Photo Red sys tem at one
intersec tion per 10,000 residents upon completing traffic safety engineering studies and obtaining approval from the
Virginia Department of Transportation (“VD OT”). Under this statute, the County may ins tall up to nine Photo Red
systems at approved traffic signal inters ections.
Responding to Board member interest in Photo Red sys tems, the Police Department began researching Photo Red
ordinanc es, vendors, and agency administrative procedures in 2007. In the spring of 2009, the City of Virginia
Beach became the first Virginia locality to begin implementing a photomonitoring sys tem pursuant to this new
legislation. VDOT also finalized its administrative proc edures and forms for intersection approval in 2008.
On June 3, 2009, the Board approved staff’s recommendation to move forward with the program and directed staff to
prepare an ordinance and analyze the cos t of implementing the program, as well as the staff time that would be
required to manage the program.
STRA TEGIC PLAN:
Goal: 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal: 2. Effectively Manage the County ’s Grow th and D evelopment.
DISCU SSION :
Photo Red Programs Throughout Virginia
According to VDOT’s w ebsite, motoris ts driving through red lights caused over 5,000 accidents in Virginia in 2004,
including 26 fatalities and over 3,600 injuries. Localities such as New port N ews, Richmond, Fairfax City and
County, Arlington and James C ity have taken steps to implement Photo R ed programs in an effort to reduce
accidents c aused by red light violators.
Photo Red systems permit law enforcement agencies to improve their deterrence and enforcement of red light
violations without ass igning more officers to onsite traffic enforcement. Traditional traffic enforcement at busy
intersec tions often proves difficult, due to the limited areas in which officers may position patrol vehicles to safely
observe violations and quickly navigate heavy traffic to apprehend a v iolator.
Virginia Code Requirements for Photo Red Programs
Virginia appears to be unique in requiring that motorists be provided a 0.5 second grace period between the time the
signal turns red and the time the first v iolation is recorded. According to one Photo Red vendor, the photo w ould be
taken at 0.6 seconds after the light has turned red. Other states require grace periods of less than 0.5 seconds.
Another important feature of the Virginia Photo Red statute is that only a sw orn lawenforcement officer may certify
that a motorist committed a red light v iolation for the purpose of issuing a summons .
In addition, the Photo R ed statute requires that localities notify each red light violator: (1) that the recordings of the
violation will be available for the motorist’s inspection for at least 60 business days before a court date; and (2) how
to contest a summons by filing an affidavit. Once the motorist files an affidavit deny ing that he or she operated the
vehicle, the law enforcement agency mus t prove in c ourt that the motorist committed the violation. The statute does
not give law enforcement agencies the authority to require the motoris t to state who operated the vehicle at the time
of the violation. Finally , the maximum penalty that may be imposed is a civil penalty of $50. More detailed
information concerning the enforcement process may be found in the statute attached as Attachment A.
To implement a Photo Red program, a locality must complete the follow ing for submiss ion to VDOT for its approval:
1. A list of proposed intersections for inclusion in the Photo Red sy stem.
2. An engineering study for eac h proposed intersection by a lic ens ed professional engineer (can be the County
Engineer).
3. A crash and traffic signal violations data report setting forth statistics for the previous three years, including
the number of traffic signal violations, and how many crashes involved a traffic signal violation for each
proposed intersection.
4. A current 48hour study of traffic signal violations for each proposed intersection.
Should the Board decide to adopt a Photo Red ordinance, the County must implement a public awareness campaign
regarding the proposed Photo Red program. Signs notifying motorists about Photo Redcontrolled intersections
must be placed within 500 feet of the intersection approach.
Police Department staff has:
1. identified the following three intersections as top priority for inclusion in the sy stem: Rio & Seminole Trail
(Route 29); the County portion of Hydraulic Road & Seminole Trail (Route 29); and Richmond R oad & Stony
Point Road
2. worked with the County Attorney’s Office to prepare a draft ordinance for the enforcement of traffic signal
v iolations utilizing the Photo Red System;
3. developed plans to complete the required reports and studies ;
4. attended a training seminar in the City of Virginia Beach; and
5. rev iewed sev eral Photo Red product presentations by potential vendors.
In the spring of 2009, Virginia Beach began implementing a fully operational Photo Red system at several
intersec tions. The entire process, including obtaining VDOT approv al and camera installation, took approximately
one year. Four other loc alities (the Cities of Newport News, Richmond and Fairfax and the C ounty of Fairfax) have
issued a Notice of Decis ion to award a vendor with a Photo Red contract and are in the process of hav ing their
Photo Red systems installed. Staff is reviewing an open contract that the C ity of Newport News has aw arded to a
Photo Red vendor to determine whether the County c ould contract w ith that vendor through cooperative
procurement. Should an ordinance be adopted, staff will conclude its analysis of proposed intersections for the
Photo Red program, contract with a Photo Red system v endor and obtain VD OT approvals to begin implementing
the Photo R ed program at selected inters ections as s oon as practical.
Impact on A CPD Staff:
Several v ariables mak e it difficult to estimate the impact this program w ould have on ACPD staff. The Virginia
Beach Police D epartment (VBPD) currently has one fulltime sworn s upervisor, one fulltime sworn officer, and tw o
retired certified officers w ho manage their Photo Red program. The tw o retirees, who work 32 hours a week, are
respons ible for validating the violations, managing the appeal proces s and attending court if needed. ACPD could
evaluate VBPD’s proc edures to ascertain if a similar staffing approach would be feasible for the County. It should
be noted, how ever, that Virginia Beac h’s Photo Red program, which is authorized to include 43 inters ections, is
much larger than any program the County might undertak e.
How Does It Work?
The enforcement cameras are active only during the red cycle of the traffic light. Only vehicles entering the
intersec tion after the light has turned red are captured on film. The cameras are wired to the traffic lights using
sensors buried in the roadway surface. Vehicles that c ros s the sensors after the light has turned red are recorded by
the video during the violation. The vehicle is also photographed prior to entering the intersection. A s econd photo is
taken as a closeup of the vehicle’s license plate. A third photo is taken show ing the v ehicle proceeding through the
intersec tion. These records of the violation serve as ev idence to support the imposition of a $50 civil penalty.
BUDGET IMPACT:
Staff research indicates that a typical Photo R ed program costs more than $100, 000.00 for camera sy stem
installation, maintenance, and monitoring. If the County were to contract with the vendor used by N ewport News,
the County would incur no upfront or camera system installation cos ts, but w ould be billed a fixed, monthly fee.
Staff would determine, in advance of entering into a c ontract, whether the penalties collected from selected
intersec tions w ould be s ufficient to defray that monthly fee and any additional staff costs incurred for the program.
The Newport News vendor would be able to provide some information, based on the ex periences of other localities,
as to w hether the selected intersections would likely yield enough violations to make the program cos tneutral.
Under no c ircumstances, though, would the Photo Red program vendor receive payment on a per tick et basis. It is
not anticipated that Albemarle County tax payers and safe drivers will absorb any of the cost of the automated
systems. It is anticipated that revenue generated by the civil fines will pay for the program.
RECOMMENDA TION S:
Staff recommends that the Board set a public hearing on August 5, 2009 to receive public comment and to consider
adoption of the attached ordinance.
ATTAC HMENTS:
A – Virginia Code §15.2968.1
B – Proposed Ordinanc e
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
§ 15.2968.1. Use of photomonitoring systems to e nforce traffic light signals.
A . The gove rning body of a ny county, city, or tow n ma y provide by ordina nc e for the esta blishme nt of a tra ffic
signal e nforc ement program imposing moneta ry liability on the ope ra tor of a motor ve hic le for failure to c omply
w ith tra ffic light signa ls in suc h loc ality in ac c orda nc e with the provisions of this se c tion. Eac h such loc ality may
install a nd ope ra te tra ffic light signa l photomonitoring systems a t no more tha n one inte rse c tion for eve ry 10,000
re sidents within ea c h county, c ity, or tow n a t a ny one time , provide d, howeve r, tha t within pla nning Distric t 8,
ea c h suc h loca lity ma y insta ll a nd operate tra ffic light signa l photomonitoring syste ms a t no more than 10
interse c tions, or a t no more tha n one inte rse c tion for eve ry 10,000 re side nts w ithin ea c h c ounty, c ity, or town,
w hic he ver is grea ter, at any one time .
B. The operator of a ve hic le sha ll be lia ble for a mone ta ry pe nalty impose d pursua nt to this se c tion if suc h vehic le
is found, a s e vide nc ed by information obta ine d from a traffic light signal viola tion monitoring system, to have
fa ile d to comply with a tra ffic light signa l within such loc ality.
C. Proof of a viola tion of this se ction sha ll be evide nc e d by information obtained from a tra ffic light signa l
viola tion monitoring system a uthoriz e d pursua nt to this se c tion. A c e rtific a te , sworn to or a ffirmed by a law
enforc ement offic e r e mploye d by a loc a lity a uthoriz ed to impose pena lties pursua nt to this se c tion, or a fac simile
the re of, ba se d upon inspe ction of photogra phs, microphotogra phs, vide ota pe, or othe r re corde d image s produc ed
by a traffic light signal viola tion monitoring syste m, shall be prima fac ie e vidence of the fa c ts conta ine d therein.
A ny photogra phs, mic rophotogra phs, vide ota pe , or other rec orded ima ges e videncing such a viola tion sha ll be
ava ilable for inspe ction in a ny proce eding to adjudic a te the liability for suc h violation pursua nt to a n ordina nce
adopted pursua nt to this se ction.
D . In the prose cution for a viola tion of a ny loc a l ordinanc e a dopte d a s provide d in this se c tion, prima fa cie
evide nc e that the ve hicle de scribe d in the summons issued pursuant to this se ction was ope ra ted in viola tion of
suc h ordina nc e , together with proof that the de fe ndant was a t the time of such viola tion the owne r, le ssee , or
re nte r of the ve hic le, sha ll constitute in e videnc e a re buttable pre sumption that suc h ow ner, lesse e, or renter of
the vehicle was the pe rson who c ommitte d the viola tion. Such presumption shall be re butted if the owne r, le ssee ,
or rente r of the ve hicle (i) file s a n a ffidavit by re gular mail with the cle rk of the ge ne ra l distric t c ourt tha t he w a s
not the ope ra tor of the vehicle a t the time of the a llege d violation or (ii) te stifie s in open court unde r oa th tha t he
w a s not the operator of the ve hic le at the time of the a lle ged viola tion. Such presumption shall a lso be re butte d if
a c ertified copy of a polic e report, showing tha t the ve hic le had be en re porte d to the polic e a s stole n prior to the
time of the allege d viola tion of this se c tion, is pre se nte d, prior to the re turn da te esta blishe d on the summons
issue d pursua nt to this se ction, to the court a djudic ating the a lle ged viola tion.
E. For purposes of this se ction, "owner" mea ns the re gistered owne r of suc h vehic le on re c ord w ith the
D e pa rtme nt of Motor V e hic le s. For purpose s of this se c tion, "traffic light signal viola tion monitoring system"
me ans a ve hic le se nsor installed to w ork in c onjunction w ith a traffic light tha t a utoma tic ally produce s two or
more photogra phs, two or more microphotographs, video, or othe r rec orded images of ea c h vehic le a t the time it
is used or ope ra ted in viola tion of § 46.2833, 46.2835, or 46.2836. For ea c h suc h ve hic le , a t lea st one re c orde d
image shall be of the ve hic le be fore it ha s ille gally entered the inte rse ction, a nd at le a st one re corded image shall
be of the same vehicle a fter it ha s ille ga lly entered that intersec tion.
F. Imposition of a penalty pursua nt to this se c tion sha ll not be de emed a c onvic tion a s a n operator a nd shall not be
ma de pa rt of the operating re cord of the pe rson upon whom such liability is impose d, nor sha ll it be use d for
insuranc e purpose s in the provision of motor vehicle insura nce cove ra ge. N o moneta ry pe na lty imposed under this
sec tion shall e xce e d $50, nor sha ll it include court c osts.
G . A summons for a viola tion of this se ction ma y be exe cuted pursuant to § 19.276.2. Notwithstanding the
provisions of § 19.276, a summons for a violation of this sec tion ma y be e xec ute d by ma iling by first c lass ma il a
copy the re of to the ow ne r, le sse e, or re nte r of the vehicle . In the c ase of a ve hic le owne r, the c opy sha ll be
ma iled to the a ddress conta ine d in the re cords of the D e pa rtme nt of Motor Ve hic le s; in the c ase of a ve hic le
le sse e or renter, the c opy sha ll be ma ile d to the address c ontained in the re c ords of the lessor or renter. Every
suc h ma iling shall inc lude , in a ddition to the summons, a notic e of (i) the summone d pe rson's a bility to re but the
presumption tha t he wa s the operator of the ve hic le at the time of the a lle ged viola tion through the filing of a n
affida vit a s provide d in subse c tion D and (ii) instructions for filing suc h a ffida vit, inc luding the addre ss to which
the a ffidavit is to be se nt. If the summoned pe rson fa ils to a ppe ar on the da te of return se t out in the summons
ma iled pursua nt to this se ction, the summons shall be e xe c ute d in the manner se t out in § 19.276.3. N o
proc ee dings for c ontempt or a rrest of a pe rson summone d by mailing shall be instituted for fa ilure to a ppe ar on
the return date of the summons. Any summons exec ute d for a viola tion of this se ction sha ll provide to the pe rson
summone d a t lea st 60 business days from the mailing of the summons to inspe c t information colle cte d by a tra ffic
light signa l viola tion monitoring syste m in c onnec tion with the viola tion.
H . Information colle cte d by a tra ffic light signa l violation monitoring syste m installed and operated pursua nt to
subsec tion A sha ll be limite d e xclusively to that informa tion that is ne c essa ry for the e nforce me nt of tra ffic light
viola tions. O n be ha lf of a loca lity, a priva te e ntity may not obta in re cords re ga rding the re giste red owne rs of
ve hic le s tha t fa il to comply with traffic light signa ls. Notwithsta nding a ny othe r provision of la w , a ll photogra phs,
microphotogra phs, elec tronic ima ges, or othe r pe rsona l informa tion c ollec ted by a traffic light signal viola tion
monitoring syste m sha ll be used exclusive ly for enforc ing tra ffic light viola tions and sha ll not (i) be ope n to the
public; (ii) be sold or use d for sa le s, solic ita tion, or ma rke ting purposes; (iii) be disc lose d to a ny othe r e ntity
exc ept a s may be ne ce ssa ry for the enforc e me nt of a tra ffic light viola tion or to a ve hic le ow ner or ope ra tor a s
pa rt of a c hallenge to the viola tion; or (iv) be use d in a c ourt in a pending a c tion or proc ee ding unle ss the a ction or
proc ee ding rela te s to a viola tion of § 46.2833, 46.2835, or 46.2836 or re que sted upon orde r from a c ourt of
compete nt jurisdic tion. Informa tion c ollec ted under this sec tion perta ining to a spec ific violation sha ll be purged
and not re ta ine d la te r tha n 60 days a fte r the c olle ction of a ny civil pe na ltie s. If a loca lity does not e xec ute a
summons for a violation of this sec tion within 10 business days, a ll information colle cte d perta ining to tha t
suspec ted viola tion shall be purged w ithin two busine ss da ys. Any loc a lity ope ra ting a tra ffic light signa l viola tion
monitoring syste m sha ll a nnually c ertify c omplia nc e with this sec tion a nd ma ke a ll re c ords perta ining to suc h
syste m a vailable for inspec tion a nd audit by the Commonwea lth Transporta tion Commissioner or the
Commissione r of the D e pa rtme nt of Motor Ve hic le s or his de signe e . Any pe rson w ho disc lose s pe rsona l
informa tion in viola tion of the provisions of this subsec tion sha ll be subje c t to a c ivil pena lty of $1,000.
I. A priva te e ntity may enter into an a gre ement with a loca lity to be c ompe nsate d for providing the tra ffic light
signal viola tion monitoring system or equipme nt, and a ll re la ted support servic es, to include consulting, ope ra tions
and a dministration. Howe ver, only a la w e nforc eme nt offic er e mployed by a loc ality ma y swe ar to or a ffirm the
ce rtific a te re quire d by subse ction C. No loc a lity sha ll e nte r into an agre e me nt for c ompensa tion ba se d on the
number of violations or moneta ry pena lties impose d.
J. When sele cting pote ntia l inte rse ctions for a traffic light signal viola tion monitoring system, a loc a lity shall
consider fac tors suc h as (i) the ac c ident rate for the intersec tion, (ii) the ra te of red light viola tions occ urring at
the inte rse ction (numbe r of viola tions pe r numbe r of ve hic le s), (iii) the diffic ulty experie nce d by lawe nforce me nt
office rs in pa trol c ars or on foot in a pprehe nding viola tors, and (iv) the a bility of lawe nforce me nt office rs to
apprehe nd viola tors sa fe ly w ithin a re a sona ble dista nc e from the violation. Loc alities ma y c onside r the risk to
pe destrians as a fac tor, if a pplica ble . A loc a lity sha ll submit a list of inte rse ctions to the Virginia De partment of
Tra nsporta tion for final approva l.
K . Before the imple mentation of a tra ffic light signa l viola tion monitoring system a t a n inte rse ction, the loc ality
sha ll complete a n e ngine e ring safety a na lysis tha t addre sses signal timing a nd othe r loc a tionspe cific sa fe ty
fe atures. The le ngth of the ye llow phase sha ll be esta blishe d ba sed on the re c ommended me thodology of the
Institute of Tra nsporta tion Engine ers. A ll tra ffic light signa l violation monitoring syste ms sha ll provide a minimum
0.5sec ond grac e pe riod be twee n the time the signa l turns re d a nd the time the first viola tion is re c orde d. If
re comme nde d by the engine ering sa fe ty ana lysis, the loca lity sha ll make rea sona ble loca tionspe c ific safety
improvements, inc luding signs a nd pa ve me nt ma rkings.
L. Any loc a lity tha t uses a tra ffic light signa l violation monitoring syste m shall e va lua te the system on a monthly
ba sis to e nsure all c ameras a nd traffic signals are func tioning prope rly. Evaluation results shall be ma de a va ila ble
to the public .
M. A ny loc ality tha t use s a tra ffic light signa l viola tion monitoring syste m to enforc e tra ffic light signa ls shall
pla ce c onspicuous signs within 500 fe e t of the inte rse ction approac h a t which a traffic light signal viola tion
monitoring syste m is used. The re shall be a re butta ble pre sumption tha t such signs we re in pla ce a t the time of the
commission of the traffic light signal viola tion.
N . Prior to or coinc ide nt w ith the imple me nta tion or expansion of a tra ffic light signa l viola tion monitoring
syste m, a loca lity shall c onduct a public a wa re ness progra m, advising the public tha t the loc ality is imple me nting
or e xpa nding a tra ffic light signa l viola tion monitoring syste m.
(2007, cc . 836, 903.)
G o to next a tta c hment
Re turn to exe c summa ry
ORDINANCE NO. 0907( )
AN ORDI NANCE TO AMEND CHAPT E R 9, MOT OR VE HICLES AND T RAFFIC, OF THE CODE OF T HE
COUNTY OF AL BE MARLE, VIRGINIA
BE IT ORDAINE D By the Board of Super visors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles
and Traf fic, is hereby amended and reordained as follows:
By Adding:
Article VI I Traffic L ight Signal Monitor ing Systems
Sec. 9700 Definition
Sec. 9701 E stablishment and implementation
Sec. 9702 T raffic signal violations; penalty
CHAPTER 9. MOTOR VEHICLES AND TRAFF IC
ARTICLE VII. TRAFFIC LIGHT SIGNAL MONITORING SYSTEMS
Sec. 9700 Definition.
For the pur poses of this article and, unless otherwise required by the context, “tr affic light signal monitoring
system” shall mean a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two
or more photogr aphs, two or more microphotographs, video, or other recorded images of each vehicle at the time it is
used or operated in violation of Virginia Code §§46.2833, 46.2835, or 46.2836. For each such vehicle, at least one
recorded image shall be of the vehicle bef ore it has illegally entered the intersection, and at least one recorded image
shall be of the same vehicle after it has illegally entered that intersection.
Sec. 9701 Establishment and implementation.
A. E stablishment. T he county her eby establishes a traffic signal enforcement program pursuant to
Virginia Code §15.2968.1. T he program shall include the installation and operation of traffic light signal violation
monitoring systems in a number up to the maximum number permitted by state law. No traffic light signal violation
monitoring system shall be operated for enforcement pur poses at an intersection until all prerequisites required for such
operation have been fulf illed.
B. Implementation. T he county executive shall (i) have the authority to implement the provisions of this
section, (ii) promulgate the rules and regulations necessary to administer the traffic signal enforcement program in
compliance with all r equirements of Vir ginia Code §15.2968.1 and this ar ticle, and (iii) be responsible for the
compliance of all aspects of the traf fic signal enforcement pr ogram with applicable state law. T he county shall
annually certify compliance with Virginia Code §15.2968.1 and make all records pertaining to such system available
for inspection and audit by the Commonwealth T ransportation Commissioner or the Commissioner of the Department
of Motor Vehicles or his designee. In addition, the county shall evaluate the system on a monthly basis to ensure all
cameras and traffic signals are functioning properly. Evaluation results shall be made available to the public.
C. Private entities. The county may enter into an agr eement with a pr ivate entity to provide the traffic
light signal violation monitoring system or equipment and all related support services, to include consulting, operations
and administr ation. However, only a lawenforcement officer employed by the county may swear to or affirm the
certificate required by Vir ginia Code §15.2968.1(C). A private entity may not obtain records on behalf of the county
regarding the registered owners of vehicles that fail to comply with traf fic light signals.
D. Restricted uses of information; penalty.
1. Information collected by a traffic light signal violation monitoring system installed and
operated pursuant to this article shall be limited exclusively to that information that is necessary for the enforcement of
traffic light violations. Notwithstanding any other pr ovision of law, all photographs, microphotographs, electronic
images, or other personal information collected by a tr affic light signal violation monitoring system shall be used
exclusively for enfor cing traf fic light violations and shall not (i) be open to the public; (ii) be sold or used for sales,
solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the
enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv)
be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of Virginia
Code §§46.2833, 46.2835, or 46.2836 or requested upon order from a court of competent jurisdiction.
2. Information collected under this section pertaining to a specific violation shall be purged and
not retained later than 60 days after the collection of any civil penalties. If the county does not execute a summons for
a violation of this section within 10 business days, all information collected pertaining to that suspected violation shall
be purged within two business days.
3. Any person who discloses personal information in violation of the provisions of this section
shall be subject to a civil penalty of $1,000.
Sec. 9702 Traffic signal violations; penalty.
A. Monetary penalty. T he operator of a vehicle shall be liable for a monetary penalty of f if ty dollars
($50.00) imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic
light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality.
Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made
part of the operating record of the per son upon whom such liability is imposed, nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
B. E vidence of violation. Pr oof of a violation of this section shall be evidenced by information obtained
from a traff ic light signal violation monitoring system authorized pur suant to this section. A certificate, sworn to or
affirmed by a lawenforcement officer employed by the county authorized to impose penalties pursuant to this section,
or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images
produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained
therein. Any photographs, microphotographs, videotape, or other recor ded images evidencing such a violation shall be
available for inspection in any proceeding to adjudicate the liability for such violation pur suant to an or dinance adopted
pursuant to this section.
C. Summons. Summonses for traffic light signal violations under this article shall be executed by first
class mail and accompanied by a written notice in accordance with Vir ginia Code §15.2968.1.
Return t o exec summ ary
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 AM4.3 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 AM4.3 dated July
8, 2009, to the secondary system of state highways, pursuant to §33.1229, Code of Virginia,
and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right
ofway, 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 AM4.3 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 47foot rightofway 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 41foot rightofway
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 41foot rightofway
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 West), as shown on plat recorded in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 2777, page 483, with a 41foot rightof
way width, for a length of 0.15 miles.
Total Mileage – 0.25
Return t o c ons ent agenda
Return t o regular agenda
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 AM4.3 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 AM4.3 dated July 8, 2009,
to the secondary system of state highways, pursuant to §33.1229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right
ofway, 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 AM4.3 is:
1) Forestvue Drive (State Route 1544) from the existing end of state maintenance
Route 1544 (Forestvue Drive) to the culdesac, as shown on plat recorded in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1930, pages
189192, with a 50foot rightofway width, for a length of 0.11 miles.
Total Mileage – 0.11
Return t o c ons ent agenda
Return t o regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2010 Budget Amendment
SUBJECT/PROPOSAL/REQU EST:
Public Hearing on the Proposed FY 2010 Budget
Amendment in the amount of $3,132,193.72 and
request approval of Appropriation #2010007 and
#2010008 to provide funding for Education and
Emergency Communications Center programs
STAFF CONTAC T(S):
Messrs. Tucker, Foley, Davis, Wiggans
LEGA L R EVIEW: Yes
AGEN DA D ATE:
July 8, 2009
ACTION: X INFORMA TION:
CONSENT AGEND A:
AC TION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACK GROUND:
Virginia Code § 15.22507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget. However, any such amendment which
exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first
publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all
County funds, i.e., General Fund, Capital Funds, E911, School SelfSustaining, etc.
The total of the new requested FY 2010 appropriations, itemized below, is $3,132,193.72. Because the cumulative amount of
the appropriations exceeds one percent of the currently adopted budget, a budget amendment public hearing is required.
STRATEGIC PLA N:
Goal 5: Dev elop a c omprehensive funding strategy/plan to address the County’s growing needs.
DISCUSSION:
The proposed increase of this FY 2010 Budget Amendment totals $3,132,193.72. The estimated expenses and revenues
inc luded in the proposed amendment are shown below :
ESTIMATED EXPENDITURES
School Fund $ (755,398.00)
School Program Fund $ 3,392,591.72
Emergency Communications Center $ 495,000.00
TOTAL ESTIMATED EXPEND ITU RES – All Funds $ 3,132,193.72
ESTIMATED REVENUES
Federal Revenue $ 2,637,193.72
Other Fund Balance $ 495,000.00
TOTAL ESTIMATED R EVENUES – All Funds $ 3,132,193.72
The budget amendment comprised of tw o new appropriations as indicated below:
One (1) appropriation (#2010007) providing $495,000.00 for the Emergency Communication Center’s Fire/Rescue Paging
project; and
One (1) appropriation (#2010008) recognizing American Recovery and Reinvestment Act of 2009 (ARRA) funding for the
School Division totaling $2,637,193.72.
A detailed description of the requests is provided on Attachment A.
REC OMMENDATION S:
After the public hearing on the FY 2010 Budget Amendment, staff recommends approval of Appropriations #2010007 and
#2010008 in the total amount of $3,132,193.72 to provide funds for school and Emergency Communications Center projects
and programs as described in Attachment A.
ATTACHMEN TS
Attachment A
Return to regular agenda
Attachment A
Appropriation #2010007
$ 495,000.00
Revenue Source: ECC Fund Balance $ 495,000.00
The Emergency Communications Center Management Board has approved funding for the Fire/Res cue Paging
System project, totaling $495,000.00. Funding for the project will be provided from the Emergency Communication
Center’s fund balance. The project will replace the Fire/R escue paging system for the City and County which
includes the volunteer c ompanies. It will replace outdated infrastructure equipment and increase ECC ’s paging
capabilities from one to three tower s ites within the C ounty. It will also allow the departments to purc hase new
multifrequency pagers for their use.
Appropriation
#2010008
$3,392,591.72
Revenue Source: Federal Rev enue $ 2,637,193.72
Transfer from Schools 755,398.00
At its meeting on June 11, 2009, the School Board approved the following appropriation:
Albemarle County Public Schools has rec eived significant new funding for various entitlement grants under
the American R ecovery and Reinvestment Act of 2009 (ARR A).
ARRA w ill provide new funding for Title I, Part A, in the amount of $994,557.02. These funds will be us ed to
provide the following services and supports: 1.0 FTE Title I Coordinator, 1.75 FTE Title I teacher positions,
1.0 FTE PreK Teacher, 1.0 FTE PreK Teaching As sistant, substitutes, bus driver s alaries, parental
involvement, instructional materials that focus on reading instruction, classroom tec hnology and SES/Public
School Choice set aside.
ARRA w ill provide new funding for ID EA Part BSec tion 611, Flow Through, in the amount of $1,533,976.00.
These funds will be used to provide the follow ing servic es and supports: 11.4 FTE Special Education teaching
positions , four vehicles to support transition services at the three comprehensive high schools and Post High,
commercial grade appliances at Post High, start up funds for a serv ice delivery work program, renovations of
classrooms to address life skills/vocational training, contracts with a Public Consulting Group to prov ide
software management for tracking student interventions and to provide management of the IEP proc ess , a
contrac t w ith WebEx to provide online staff development, instructional materials and staff development for
teachers and teaching ass istants that focus on reading and math interventions, and technology for
classrooms .
ARRA w ill provide new funding for ID EA Part BSec tion 619, Preschool, in the amount of $72,900.00. These
funds w ill be used to provide the following services and supports: 0.30 FTE School Psychologist position,
0.20 FTE Speech Pathologist position, 0.33 FTE Teaching Assistant to support the PreK inclusive model,
instructional materials and office equipment and furniture for the centralized Preschool team evaluation
center.
ARRA w ill provide new funding for Title II, Part D, in the amount of $35,760.70. Thes e funds will be used to
provide the following services and supports: U nivers ity courses to support teachers in reaching state and
national certification standards in the use of technology in the classroom, w orkshops /staff development for
teachers and a computer/technology literacy assessment tool.
In order to comply with IDEA requirements; $755,398.00 will be transferred from the s chool fund to c over the
costs of Early Intervention teachers. ARRA funds are s ubject to the follow ing guiding principles:
1. Funds must be spent quick ly to save and create jobs.
2. Funds must be used to improve student achievement through school improvement and reform.
3. Funds will be subject to additional and rigorous reporting requirements.
4. Funds are available for only 23 years.
5. Funds should be spent in ways that do not result in unsus tainable continuing commitments after
the funding expires.
Ret urn t o ex ec summary
June 25, 2009
Valerie Long
c/o W illiams Mullen
321 East Main Street, Suite 400
Charlottesv ille, VA 22902
RE: SP200900002 K eswick Hunt Club – AT&T C V333A Tier III PW SF
Tax Map 80, Parcel 6A
Dear Ms. Long:
The Albemarle County Planning Commission, at its meeting on May 19, 2009, by a vote of 7:0 recommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The proposed personal w ireless servic e fac ility must be developed in general accord with the plan prepared
by BC Architects and Engineers with a revision date of 4282009, and a certified engineer’s seal and
s ignature dated 5012009.
2. AT&T must provide a tree conservation plan prepared by a c ertified arborist prior to issuance of a building
permit. The installation, operation and maintenance of the facility shall be conducted in acc ordance with the
tree conservation plan.
3. Should us e of the antenna site at this location become discontinued at anytime in the future, AT&T and/or
its assignee(s ) must remove the facility within 90 days.
4. After the proposed personal wireles s service facility has been installed, AT&T must submit annual reports
updating the us er status and equipment inv entory of the fac ility w ithin the required time period per section
5.1.40(c)(7):of the Albemarle C ounty Code.
5. Address all conditions outlined by the Architectural Review Board. The applicant must obtain a certificate of
appropriateness from the Architectural Review Board staff.
View st aff report and at tac hment s
View PC minutes
Ret urn t o regular agenda
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on July 1, 2009.
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Sincerely,
Gerald Gatobu
Principal Planner
Current Development
PR IVATE ALBEMARLE C OUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 200900002: Keswick Hunt C lub
(AT&T) CV 333 – Tier III PWSF
Staff: Gerald Gatobu, Principal Planner, Brent Nelson Landscape
Planner, ARB.
Planning C ommission Public Hearing: May 19th, 2009 Board of Supervisors Hearing:
July 1 2009
Owners: Keswick Hunt Club Inc.Applicant: Gerry Sharp AT&T
Acreage: 5.55
(Lease Area: 540 square feet)
Rezone from: Not applicable
Special Use Permit for: Sec. 10.2.2 (48) which allows for Tier III
personal wireless facilities in the RA Zoning District
TMP: Tax Map 80, Parcel 6A
Location: In the Keswick area at the intersection of Louisa
Road [State Route 22] and Hunt Club Road [State Route
744].
Byright use: RA, Rural Areas (EC) Entrance Corridor Overlay
District, and Southwest Mountains Rural Historical District
Magisterial District: Rivanna Proffers/Conditions: Yes
Requested # of Dwelling Lots: N /A DA – X R A – Yes
Proposal: To install a Tier III personal wireless service
treetop facility. The proposed facility consists of an 89 foot
tall steel monopole, and associated equipment.
Comp. Plan Designation: The Comprehensive Plan designates
this property as Rural Area in Rural Area 2
Character of Property: Wooded with areas cleared for
Country Club amenities including horse arenas.
Use of Surrounding Properties: All adjacent properties are
residential (zoned R A)
Factors Favorable: see report Factors Unfavorable: see report
REC OMMEND ATION:
Based on findings presented in the staff report, staff recommends approval of this personal wireless service facility at the proposed
height of ten (10) feet above the reference tree, with the conditions outlined in the staff report.
STAFF PERSON: Gerald Gatobu, Brent Nelson
PLANNING COMMISSION: May 19th 2009
BOARD OF SUPERVISORS: TBD2009
AGENDA TITLE: SP 200902 –Keswick Hunt Club AT&T CV333
Tier III PWSF
APPLICANT: Gerry Sharp AT&T
PROPERTY OWNER(S): Keswick Hunt Club Inc.
APPLICANT’S PROPOSAL:
This is a proposal to install a Tier III personal wireless service treetop facility (Attachment A). The proposed facility consists
of an 89foot tall steel monopole, to be painted Sherwin Williams Java Brown, which is a color that has been previously
approved as an appropriate color for Tier III facilities at other sites in Albemarle County. The top elevation of the monopole is
531.5 feet, measured above mean sea level (AMSL). The proposed monopole will be 10 feet higher than the identified
reference tree. The monopole will be equipped with three (3) flushmounted antennas, a two (2) foot long lightning rod, and
coaxial cables that will be run in the monopole’s interior. Supporting ground equipment will be contained within a proposed
18’x 30’ AT&T wood fence and lease area.
The property, described as Tax Map 80 Parcel 6A, contains approximately 5.55 acres, zoned RA, Rural Area (Attachment B).
This site is located in the Rivanna Magisterial District, in the Keswick area at the intersection of Louisa Road [State Route 22]
and Hunt Club Road [State Route 744].
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 2.
REASON FOR PLANNING COMMISSION REVIEW:
This property is located in the Southwest Mountains Rural Historical District, therefore, the facility is held to Tier III
standards, and is allowed in the Rural Area per section 10.2.2 (48) of the Zoning Ordinance which allows for Tier III personal
wireless facilities in the Rural Areas [RA] Zoning District by Special Use Permit. Section 31.2.4.2 requires Planning
Commission review of applications for Special Use Permit.
PLANNING AND ZONING HISTORY:
No planning and zoning history found for this tax map and parcel number.
DISCUSSION:
This is a proposal to install a Tier III personal wireless service treetop facility. The proposed tower is a tier III personal
wireless facility because it is located within a historical district. If this property was not located within the South West
Mountains Rural Historical District, this personal wireless service facility application would be processed as a Tier II facility.
The tower will be located on property that is within the Southwest Mountains Rural Historic District. Historic districts are
identified as “avoidance areas” by the zoning ordinance.
Avoidance area: An area having significant resources where the siting of personal wireless service facilities could result in
adverse impacts as follows: (i) any ridge area where a personal wireless service facility would be skylighted; (ii) a parcel
within an agricultural and forestal district; (iii) a parcel within a historic district; (iv) any location in which the proposed
personal wireless service facility and three (3) or more existing or approved personal wireless service facilities would be
within an area comprised of a circle centered anywhere on the ground having a radius of two hundred (200) feet; or (v) any
location within two hundred (200) feet of any state scenic highway or byway. (Added 101304)
Tier II personal wireless service facility or Tier II facility: A personal wireless service facility that is a treetop facility not
located within an avoidance area.
Tier III personal wireless service facility or Tier III facility: A personal wireless service facility that is neither a Tier I nor a
Tier II facility, including a facility that was not approved by the commission or the board of supervisors as a Tier II facility.
The proposed facility consists of an 89foot tall wood monopole to be painted Sherwin Williams Java Brown, which is a color
that has been previously approved as an appropriate color for Tier II and Tier III facilities at other sites in Albemarle County.
The top elevation of the monopole is 531.5 feet, measured above mean sea level (AMSL). The proposed monopole will be 10
feet higher than the identified reference tree. The monopole will be equipped with three (3) flushmounted antennas, a two (2)
foot long lightning rod, and coaxial cables that will be run in the monopole’s interior. Supporting ground equipment will be
contained within a proposed 18’x 30’ AT&T wood fence and lease area.
Access to the facility will be provided off an existing gravel access road off Hunt Club Road that currently provides access to
the property and runs parallel to the tree line of the wooded area surrounding the location of the proposed tower. The personal
wireless service facility will be located approximately 95 feet south of the nearest property line, and away from existing horse
arenas.
A balloon test was conducted on March 3rd, 2009. The balloon was raised to the same height as the proposed pole, 10’ above
the reference tree. The balloon was minimally visible from various sections of the entrance corridor. Visibility of the proposed
monopole at ten feet above the tallest tree is not expected to have any negative impacts on the State Route 22 (entrance
corridor). The ground equipment is not expected to be visible due to the vegetation existing between the state road and the
facility.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be reviewed as follows:
Will the use be of substantial detriment to adjacent property?
Based on the antenna’s location and the results of the balloon test, it is staff’s opinion that the proposal will not impose any
substantial detriment to adjacent property. The proposed tower will have minimal visual impact to adjacent properties and
the equipment shelter will be screened from adjacent properties by existing trees.
Will the character of the zoning district change with this use?
The site of the proposed facility will require little to no additional land disturbance. An exiting access road will provide
access to the proposed facility. The addition of the personal wireless service facility at this location will not adversely
impact the visual character of the area.
Will the use be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request as it relates to the “purpose and intent” that is set forth in Section 1.4 of the Zoning
Ordinance, and as it relates to the intent specified in the Rural Areas chapter of the Zoning Ordinance (Section 10.1). The
public health, safety, and general welfare of the community is protected through the special use permit process which
assures that uses approved through the special use permit process are appropriate in the location requested. This request is
consistent with both sections.
Will the use be in harmony with the uses permitted by right in the district?
The addition of the personal wireless facility will not adversely impact the visual character of the area, and will not restrict
any nearby byright uses within the Rural Areas district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
Section 5.1.40 of the Zoning Ordinance addresses the installation of public utility structures such as towers and antennas by
stating, in part, that those items shall not endanger the health and safety of workers and/or residents, and will not impair or
prove detrimental to neighboring properties. In order to operate this facility, the applicant is required to comply with all of
the Federal Communication Commission (FCC) guidelines that are intended to protect the public health and safety from
high levels of radio frequency emissions and electromagnetic fields that are associated with wireless broadcasting and
telecommunications facilities.
Will the public health, safety and general welfare of the community be protected if the use is approved?
The public health, safety, and general welfare of the community is protected through the special use permit process which
assures that uses approved through the special use permit process are appropriate in the location requested. In this case, the
proposed facility will give AT&T the ability to offer another choice of personal wireless service communication by
providing a full range of voice and data services in addition to the required E911 call services. This can be seen as
contributing to the public health, safety and welfare on a regional level.
Compliance with Section 5.1.40 of the Zoning Ordinance:
The county’s specific design criteria for Tier III facilities as set forth in section 5.1.40 (e) are addressed as follows.
Section 5.1.40 (e) Tier III facilities. Each Tier III facility may be established upon approval of a special use permit
issued pursuant to section 31.2.4 of this chapter, initiated upon an application satisfying the requirements of subsection
5.1.40(a) and section 31.2.4, and it shall be installed and operated in compliance with all applicable provisions of this
chapter and the following:
1. The facility shall comply with subsection 5.1.40(b) subsection 5.1.40(c)(2) through (9) and subsection 5.1.40 (d)(2),(3),
(6) and (7), unless modified by the board of supervisors during special use permit review.
2. The facility shall comply with all conditions of approval of the special use permit.
Requirements of subsection 5.1.40(a) application for approval and section 31.2.4 special use permits have been met.
Compliance with Section 5.1.40(e) of the Zoning Ordinance: The County's specific design criteria for Tier III facilities set forth
in Section 5.1.40(e)(1) and 5.1.40(e)(2) are addressed as follows: [Ordinance sections are in italics]
Subsection 5.1.40(b) (15): Exemption from regulations otherwise applicable: Except as otherwise exempted in this paragraph,
each facility shall be subject to all applicable regulations in this chapter.
AT&T’s equipment shelter will meet the required Rural Areas setbacks in addition to all other area and bulk regulations and
minimum yard requirements. Attached site drawings, antennae and equipment specifications have been provided to
demonstrate that personal wireless service facilities (PWSF) regulations and any relevant site plan requirements set forth in
Section 32 of the zoning ordinance have been addressed.
Subsection 5.1.40(c)(2): The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be
permitted; (ii) outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens
emitted, each outdoor luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii) any equipment cabinet
not located within the existing structure shall be screened from all lot lines either by terrain, existing structures, existing
vegetation, or by added vegetation approved by the county’s landscape planner; (iv) a whip antenna less than six (6) inches in
diameter may exceed the height of the existing structure; (v) a grounding rod, whose height shall not exceed two (2) feet and
whose width shall not exceed one (1) inch in diameter at the base and tapering to a point, may be installed at the top of facility
or the structure; and (vi) within one month after the completion of the installation of the facility, the applicant shall provide a
statement to the agent certifying that the height of all components of the facility complies with this regulation.
The proposed monopole does not require the installation of guy wires, nor will it be fitted with any whip antennas. The
proposed grounding rod complies with the size requirements. The facility will only have one outdoor light fixture attached to
the proposed shelter and it will only be used by AT&T's technical operations staff during times when nighttime maintenance
of the site is necessary. The proposed light fixture shall be shielded in accordance with the Albemarle County lighting
ordinance requirements and operated by motion sensor. The proposed lighting is for temporary maintenance and security
purposes only.
Subsection 5.1.40(C)(3): Equipment shall be attached to the exterior of a structure only as follows: (i) the total number of
arrays of antennas attached to the existing structure shall not exceed three (3), and each antenna proposed to be attached
under the pending application shall not exceed the size shown on the application, which size shall not exceed one thousand one
hundred fifty two (1152) square inches; (ii) no antenna shall project from the structure beyond the minimum required by the
mounting equipment, and in no case shall any point on the face of an antenna project more than twelve (12) inches from the
existing structure; and (iii) each antenna and associated equipment shall be a color that matches the existing structure. For
purposes of this section, all types of antennas and dishes regardless of their use shall be counted toward the limit of three
arrays.
The proposed antennae configuration will consist of three sectors each with a panel antenna that measures 51.92”x 12.71”x
1.61”, giving each antenna an area of approximately 700 square inches. These antennas will be installed using “pipemounts”
that will allow for any required amount of downtilting without exceeding the County’s requirements for flushmounts (12
inches maximum between the face of the monopole and the face of the antenna). All antennas will be painted to match the
color of the tower.
Subsection 5.1.40(c)(4): Prior to issuance of a building permit, the applicant shall submit a tree conservation plan prepared by
a certified arborist. The plan shall be submitted to the agent for review and approval to assure that all applicable requirements
have been satisfied. The plan shall specify tree protection methods and procedures, and identify all existing trees to be
removed on the parcel for the installation, operation and maintenance of the facility. Except for the tree removal expressly
authorized by the agent, the applicant shall not remove existing trees within the lease area or within one hundred (100) feet in
all directions surrounding the lease area of any part of the facility. In addition, the agent may identify additional trees or lands
up to two hundred (200) feet from the lease area to be included in the plan.
AT&T must provide a tree conservation plan prepared by a certified arborist prior to issuance of a building permit.
Subsection 5.1.40(c)(5)The installation, operation and maintenance of the facility shall be conducted in accordance with the
tree conservation plan. Dead and dying trees identified by the arborist’s report may be removed if so noted on the tree
conservation plan. If tree removal is later requested that was not approved by the agent when the tree conservation plan was
approved, the applicant shall submit an amended plan. The agent may approve the amended plan if the proposed tree removal
will not adversely affect the visibility of the facility from any location off of the parcel. The agent may impose reasonable
conditions to assure that the purposes of this paragraph are achieved.
AT&T must provide a tree conservation plan prepared by a certified arborist prior to issuance of a building permit.
Subsection 5.1.40(C)(6): The facility shall be disassembled and removed from the site within ninety (90) days of the date its use
for personal wireless service purposes is discontinued. If the agent determines at any time that surety is required to guarantee
that the facility will be removed as required, the agent may require that the parcel owner or the owner of the facility submit a
certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the
facility. The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i) the annual report states that the
tower or pole is no longer being used for personal wireless service facilities; (ii) the annual report was not filed; (iii) there is a
change in technology that makes it likely that tower or pole will be unnecessary in the near future; (iv) the permittee fails to
comply with applicable regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the
county; and (vi) whenever otherwise deemed necessary by the agent.
Should use of the antenna site in this location become discontinued at anytime in the future, AT&T and/or its assignee(s) will
be required to remove the facility within 90 days.
Subsection 5.1.40(c)(7): The owner of the facility shall submit a report to the agent by no earlier than May or and no later
than July 1 of each year. The report shall identify each user of the existing structure, and include a drawing, photograph or
other illustration identifying which equipment is owned and/or operated by each personal wireless service provider. Multiple
users on a single tower or other mounting structure may submit a single report, provided that the report includes a statement
signed by a representative from each user acquiescing in the report.
After the proposed personal wireless service facility has been installed, AT&T must submit annual reports updating the user
status and equipment inventory of the facility within the required time period.
Subsection 5.1.40(C)(8): No slopes associated with the installation of the facility and accessory uses shall be created that are
steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are
employed.
The installation of this facility and accessory uses does not create slopes steeper than 2:1or greater.
Subsection 5.1.40(c)(9): Any equipment cabinet not located within an existing building shall be fenced only with the approval
of the agent upon finding that the fence: (i) would protect the facility from trespass in areas of high volumes of vehicular or
pedestrian traffic or, in the rural areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the
character of the area; and (iii) would not be detrimental to the public health, safety or general welfare.
In order to secure the facility which would otherwise be easily accessible, AT&T is proposing the installation of a wooden
fence. The fence will surround the full extent of the 18 x 30 lease area. The facility will be screened by existing vegetation on
all sides, and will not be visible from any adjacent residences. The facility will not be detrimental to public health, safety, or
general welfare. The character of the area will not be impacted.
Section 5.1.40(d)(2): The site shall provide adequate opportunities for screening and the facility shall be sited to minimize its
visibility from adjacent parcels and streets, regardless of their distance from the facility. If the facility would be visible from a
state scenic river or a national park or national forest, regardless of whether the site is adjacent thereto, the facility also shall
be sited to minimize its visibility from such river, park or forest. If the facility would be located on lands subject to a
conservation easement or an open space easement, or adjacent to a conservation easement or open space easement, the facility
shall be sited so that it is not visible from any resources specifically identified for protection in the deed of easement.
The proposed facility includes a monopole that would have a height of approximately 89 feet above ground level (AGL) or
531.5 feet above mean sea level (AMSL). The height of the reference tree is about 76 feet above ground level (AGL) or
approximately 522.3 feet above mean sea level (AMSL) and is located 16 feet 5inches from the proposed monopole.
A balloon test was conducted on March 3rd, 2009 [Attachments D]. During the site visit, the balloon was launched close to the
proposed monopole location. The balloon was raised to the same elevation as the proposed pole, ten (10) feet above the
reference tree. State Routes 22, 731, 744, Interstate 64, Little Keswick Lane, and a private driveway approximately one mile
west of the site were traveled to determine the extent of visibility of the proposal. The balloon was approximately 350 feet
south of the entrance corridor and only visible for a short distance along portions of the Route 22 entrance corridor, including
near the entrance to Hunt Club Road and the entrance driveway to Keswick Farm. The balloon was not visible from Interstate
64. Given the distance from which the balloon was seen and the treeline in between the balloon and the EC, there was not a
substantial difference in visibility when the balloon was reduced in height from 10’ to 7’ above the reference tree.
The monopole at the proposed elevation of four (10) feet above the reference tree is not expected to have an adverse impact on
the State Route 22 entrance corridor due to its limited visibility. It is also anticipated that the limited visibility of the monopole
will be noticeably reduced when the trees are in full foliage. The ground equipment will not be visible from the entrance
corridor. The remaining trees and the “Java Brown” color of the monopole and antennas are expected to further limit views of
the facility.
Section 5.1.40(d)(3): The facility shall not adversely impact resources identified in the county’s open space plan.
Staff’s analysis of this request addresses the concern for the possible loss of aesthetic or historic resources. The proposed lease
area is not delineated as a significant resource on the Open Space and Critical Resources Plan. Staff believes there is no
significant loss of resources related to the installation of the tower. The property [Tax Map 80 Parcel 6A] is in the Southwest
Mountains Rural Historical District. This tower will not impact any adjacent properties, and there will be no significant loss
of historical resources related to the installation of the tower. The lead architectural and historical review senior planner has
noted that at the requested height of 10’ above the reference tree, the facility is not expected to have a detrimental impact on
important public views or historic landscapes because it would not visually overwhelm its surroundings, dominate the setting,
or create a focal point. It is not anticipated that the public will be visually aware of the proposal, allowing their enjoyment of
the rural historic district to remain undisrupted; hence, adverse impacts on the scenic quality of the district are not anticipated.
The county’s wireless service facilities policy encourages facilities with limited visibility, facilities with adequate wooded
backdrop, and facilities that do not adversely impact avoidance areas (including Entrance Corridors and Historic Resources).
The proposed pole is expected to be visible for a relatively short period of time when traveling on State Route 22 [entrance
corridor]. As mentioned above, the degree of visibility is not expected to have a negative impact on the entrance corridor, or
the historical district. The Architectural Review Board has approved the location with conditions; therefore, it is staff’s opinion
that the visibility of the monopole will not adversely impact entrance corridor or historic district resources.
A tree conservation plan and a certified arborist report with measures limiting the impacts to existing trees will be submitted as
an architectural review board condition of approval, as well as a requirement prior to building permit application/issuance.
Section 5.1.40(d)(6): The top of the monopole, measured in elevation above mean sea level, shall not exceed the height
approved by the commission. The approved height shall not be more than seven (7) feet taller than the tallest tree within
twentyfive (25) feet of the monopole, and shall include any base, foundation or grading that raises the pole above the pre
existing natural ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than
the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that there is not a material
difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest
tree; and there is not a material difference in adverse impacts to resources identified in the county’s open space plan caused
by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree. The applicant may
appeal the commissioner’s denial of a modification to the board of supervisors as provided in subsection 5.1.40(d)(12).
The proposed monopole will have a height of approximately 531.5 feet above mean sea level (AMSL). The height of the
reference tree is approximately 522.3 above mean sea level (AMSL). The proposed monopole will be (10) feet taller than the
tallest tree within twentyfive (25) feet (measured from the trunk of the tree). The height approved by the Planning
Commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of
the commission that there is not a material difference in the visibility of the monopole at the proposed 10 feet above the tallest
tree. Based on the balloon test mentioned above, staff determined that there would be little or no material difference in
the visibility of the monopole at the proposed height of ten (10) feet above the tallest tree, rather than at a height of
seven (7) feet taller than the tallest tree.
Section 5.1.40(d)(7): Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall
be painted a brown wood color to blend into the surrounding trees. The antennas, supporting brackets, and all other
equipment attached to the monopole shall be a color that closely matches that of the monopole. The ground equipment, the
ground equipment cabinet, and the concrete pad shall also be a color that closely matches that of the monopole, provided that
the ground equipment and the concrete pad need not be of such a color if they are enclosed within or behind an approved
structure, façade or fencing that: (i) is a color that closely matches that of the monopole; (ii) is consistent with the character of
the area; and (iii) makes the ground equipment and concrete pad invisible at any time of year from any other parcel or a
public or private street.
The applicant is proposing the installation of a facility with a steel monopole. The proposed tower and equipment cabinet are to
be painted Sherwin Williams Java Brown to match existing surroundings.
Section 5.1.40(e)2: The facility shall comply with all conditions of approval of the special use permit.
The facility complies with all conditions of approval of the special use permit (Section 32.2.4):
Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996:
This application is subject to the Telecommunications Act of 1996, which provides in part that the regulation of the placement,
construction, and modification of personal wireless service facilities by any State or local government or instrumentality
thereof (I) shall not unreasonably discriminate among providers of functionally equivalent services; (II) shall not prohibit or
have the effect of prohibiting the provision of personal wireless services. 47 U.S.C.
In order to operate this facility, the applicant is required to comply with the FCC guidelines for radio frequency emissions that
are intended to protect the public health and safety. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the
provision of personal wireless services. However, both do implement specific policies and regulations for the sighting and
design of wireless facilities. The applicant has not provided any additional information regarding the availability, or absence of
alternative sites that could serve the same areas that would be covered with the proposed antenna mounting at this site.
Therefore, staff does not believe that the special use permitting process nor the denial of this application would have the effect
of prohibiting or restricting the provision of personal wireless services.
SUMMARY OF STAFF REVIEW:
Factors favorable:
Staff has identified the following favorable factors:
1. New ground equipment cabinet will not be visible from neighboring properties.
2. Minimal clearing is necessary for the placement of the monopole, antennas, and equipment.
Factors Unfavorable:
Staff has identified the following factors as unfavorable to this request:
1. None identified.
RECOMMENDED ACTION:
Based on findings presented in the staff report, staff recommends approval of this personal wireless service facility at the
proposed height of ten (10) feet above the reference tree, with the following conditions:
1. The proposed personal wireless service facility must be developed in general accord with the plan prepared by BC
Architects and Engineers with a revision date of 4282009, and a certified engineer’s seal and signature dated 5
012009.
2. AT&T must 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.
3. Should use of the antenna site at this location become discontinued at anytime in the future, AT&T and/or its
assignee(s) must remove the facility within 90 days.
4. After the proposed personal wireless service facility has been installed, AT&T must submit annual reports updating the
user status and equipment inventory of the facility within the required time period per section 5.1.40(c)(7):of the
Albemarle County Code.
5. Address all conditions outlined by the Architectural Review Board. The applicant must obtain a certificate of
appropriateness from the Architectural Review Board staff.
ATTACHMENTS:
A. Site Plan
B. Aerial Map
C. Architectural Review Board Action
D. Balloon Test Photographs
Return to PC actions letter
Albemarle County Planning Commission
May 19, 2009
The Albemarle County Planning Commission held a public hearing and meeting on Tuesday,
May 19, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Linda Porterfield Marcia Joseph, Calvin Morris, Bill
Edgerton, Thomas Loach, Vice Chair and Eric Strucko, Chairman. Julia Monteith, AICP, non
voting representative for the University of Virginia was absent.
Other officials present were Gerald Gatobu, Principal Planner, Joan McDowell, Principal
Planner; John Shepherd, Manager of Zoning Administration; Rebecca Ragsdale, Senior
Planner; David Benish, Chief of Planning; Steward Wright, Permit Planner; Sherri Proctor,
Permit Planner; Ron Higgins, Chief of Zoning; Bill Fritz, Director of Current Development and
Andy Herrick, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Strucko called the regular meeting to order at 6:00 p.m. and established a quorum.
Public Hearing Items:
SP200900002 Keswick Hunt Club (Sign # 107 & 108) PROPOSED: New treetop facility in
an avoidance area (South West Mountains Historic District). ZONING CATEGORY/GENERAL
USAGE: RA, Rural Areas; EC Entrance Corridor overlay. SECTION: 10.2.2 (48) Special Use
Permit, which allows for Tier III personal wireless facilities in the RA Zoning District.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas uses in Rural Area 2.
LOCATION: Tax Map 80, Parcel 6A: in the Keswick area at the intersection of Louisa Road
[State Route 22] and Hunt Club Road [State Route 744]. MAGISTERIAL DISTRICT: Rivanna
(Gerald Gatobu)
Mr. Gatobu presented a PowerPoint presentation and summarized the staff report.
The request is to install a Tier III personal wireless service treetop facility. The proposed
facility consists of an 89foot tall steel monopole, and associated equipment. This property
is located in the South West Mountains Rural Historical District, therefore, the facility is
held to Tier III standards, and is allowed in the Rural Area per section 10.2.2 (48) of the
Zoning Ordinance which allows for Tier III personal wireless facilities in the Rural Areas
[RA] Zoning District by Special Use Permit. Section 31.2.4.2 requires Planning
Commission review of applications for Special Use Permit. The tower will be located on
property that is within the South West Mountains Rural Historic District. Historic districts
are identified as “avoidance areas” by the zoning ordinance.
The proposed facility consists of an 89foot tall wood monopole to be painted Sherwin
Williams Java Brown, which is a color that has been previously approved as an
appropriate color for Tier II and Tier III facilities at other sites in Albemarle County. The
top elevation of the monopole is 531.5 feet, measured above mean sea level (AMSL). The
proposed monopole will be 10 feet higher than the identified reference tree. The
monopole will be equipped with three (3) flushmounted antennas, a two (2) foot long
lightning rod, and coaxial cables that will be run in the monopole’s interior. Supporting
ground equipment will be contained within a proposed 18’x 30’ AT&T wood fence and
lease area.
Access to the facility will be provided off an existing gravel access road off Hunt Club
Road that currently provides access to the property and runs parallel to the tree line of the
wooded area surrounding the location of the proposed tower. The personal wireless
service facility will be located approximately 95 feet south of the nearest property line, and
away from existing horse arenas.
A balloon test was conducted on March 3rd, 2009. The balloon was raised to the same
height as the proposed pole, 10’ above the reference tree. The balloon was minimally
visible from various sections of the entrance corridor. Visibility of the proposed monopole
at ten feet above the tallest tree is not expected to have any negative impacts on the
State Route 22 (entrance corridor). The ground equipment is not expected to be visible
due to the vegetation existing between the state road and the facility.
The ARB reviewed the tower on April 20, 2009 and recommended approval with
conditions. The applicant has addressed most of the recommended conditions. The
conditions stressed tree conservation and making sure that there was an arborist report.
The applicant will provide that information. No trees are going to be removed.
The tower is actually 9.2 feet above the reference tree and the balloon was flown at 10
feet. It is a decision for the Commission to make.
Staff has identified the following favorable factors:
New ground equipment cabinet will not be visible from neighboring properties.
Minimal clearing is necessary for the placement of the monopole, antennas, and
equipment.
Staff has identified the following factors as unfavorable to this request:
None identified.
RECOMMENDED ACTION:
Based on findings presented in the staff report, staff recommends approval of this personal
wireless service facility at the proposed height of ten (10) feet above the reference tree, with the
conditions as listed in the staff report.
Mr. Strucko opened the public hearing and invited the applicant to address the Commission.
Valerie Long, representative for AT&T, presented a PowerPoint presentation to explain the
request. Also present was Jerry Sharp, consultant for AT&T, who had been working on this site.
As Mr. Gatobu stated this is technically a special use permit because the property is in
the historic district. Otherwise, it would be a typical Tier II wireless facility. The wireless
facility is exactly the same as other Tier II wireless facilities that the Commission has
reviewed over the last few years. The only difference is that it is located in the historic
district. She explained the layout of the access road, the existing trees on the site, the
horse show grounds and the proposed equipment.
On Sunday she visited the site during a horse show to confirm for their benefit that
where they were locating the facility in the grove of trees was not going to be in the way
and to get a feel on the way the circulation would work with the cars. She felt that it
would work very well since the facility would not be visible from the arena and would be
screened by the grove of trees. There was some parking on the grassed area. She
noted that there was a nice row of trees between the railroad and the property. The
trees in the area provide a nice buffer and provide screening.
The driveway will be a small extension of the existing drive. There will be a 10’ X 18’
concrete pad with two radio cabinets. The area will be fenced with board fencing to
protect the equipment, which was requested by the landowner to visually screen it from
the public during their events. The reference tree is #235. There is a perfect spot to tuck
some equipment in the area without having to remove any trees.
She explained the balloon test which showed that even during the winter months they
don’t expect the tower to have an adverse impact. She reiterated that they don’t need to
remove any trees. They think it is a very good location. The Historic Preservation
Planner reviewed the plan, attended the balloon test and indicated that there would be
no adverse impact on the historic resources or any other elements of the historic district.
They have been working very well with the landowners. They looked at the balloon tests
from Keswick Hall and the visibility is very minimal. She asked that the Planning
Commission recommend approval to the Board of Supervisors.
Mr. Strucko invited questions for the applicant.
Ms. Joseph thanked Ms. Long for the chosen site. This is what was envisioned when the
Commission was talking about the 25’ from the tree itself. It was envisioned as something that
was nestled within the trees.
Ms. Long noted that Jerry Sharp and his colleagues worked really hard with the landowners to
find a site that meets the criteria. It is not easy to find a site with a willing landowner and still be
located in the right spot for coverage purposes. The real challenge is that they want it nestled
in the trees like they said, but they don’t want to get it too close to any of the trees and start
damaging the tree roots and things like that. It is a tough balance. They think that they have
found it here. They will continue to work towards that balance.
Mr. Strucko invited other public comment. There being none, he closed the public hearing to
bring the matter before the Commission.
Motion: Mr. Morris moved and Mr. Loach seconded to recommend approval of SP2009
00002, Keswick Hunt Club for the personal wireless service facility at the proposed height of
ten (10) feet above the reference tree, with the following conditions:
1. The proposed personal wireless service facility must be developed in general accord
with the plan prepared by BC Architects and Engineers with a revision date of 428
2009, and a certified engineer’s seal and signature dated 5012009.
2. AT&T must 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.
3. Should use of the antenna site at this location become discontinued at anytime in the
future, AT&T and/or its assignee(s) must remove the facility within 90 days.
4. After the proposed personal wireless service facility has been installed, AT&T must
submit annual reports updating the user status and equipment inventory of the facility
within the required time period per section 5.1.40(c)(7):of the Albemarle County Code.
5. Address all conditions outlined by the Architectural Review Board. The applicant must
obtain a certificate of appropriateness from the Architectural Review Board staff.
The motion passed by a vote of 7:0.
Mr. Strucko said that SP200800002 Keswick Hunt Club would go to the Board of Supervisors
on July 1 with a recommendation for approval.
Return to PC actions letter
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
A GEN DA TITLE:
Ordinance Amendment – C hapter 4, Animals and
Fowl
SU BJECT/PROPOSA L/REQUEST:
A public hearing to consider an ordinanc e to
comprehensively amend Chapter 4, Animals and
Fowl.
STA FF CONTAC T(S):
Messrs . Tuck er, Elliot, D avis, and Ms. Lyttle
LEGAL REVIEW: Yes
AGENDA DATE:
July 8, 2009
ACTION: X INFORMATION:
CONSEN T AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEW ED BY:
BAC KGROUND :
The 2008 General Ass embly recodified Title 3.1 of the Virginia Code which included the enabling authority for
local animal laws. Effective Oc tober 1, 2008, Title 3.2 replaced the provisions of Title 3.1. Chapter 4, Animals
and Fow l, of the Albemarle County Code merits a comprehensive update to ensure conformanc e w ith s tate law
and to properly reference the recodified Virginia Code animal laws. On June 3, 2009 the Board authorized the
ordinance amending C hapter 4, Animals and Fowl to be set for public hearing, and additionally requested the
removal of the five acre Rural Area exception of the animal noise ordinance.
STRATEGIC PLAN:
Goal 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal 4. Effectively Manage the County’s Growth and Development.
DISCUSSION:
The attached ordinance (Attachment A) reorganizes and updates Chapter 4, Animals and Fowl. The changes to
Chapter 4 encompas s both housekeeping and substantive changes. The housekeeping changes include re
organizing and renumbering the articles, divisions and sec tions of C hapter 4, amending the wording of existing
provisions to mirror Virginia Code language, and amending the state law references to reflect the newly codified
Virginia Code sections. The key substantive changes in the draft ordinance are:
Section 4100 Definitions. Addition of “clearly visible sign,” “commerc ial dog breeder,” “emergency
veterinarian treatment”, “foster c are provider” and “properly cleaned”. Adoption of the definition for
“commercial dog breeder” is mandated by Virginia Code, and except for “c learly visible sign”, thes e new
definitions all mirror the Virginia Code definitions. The Section 4100 (15), ”clearly visible sign” definition is
included at the request of animal control to clarify a requirement of section 4219, D angerous and vicious
animals, w hich requires the owner of a dangerous dog to post clearly visible signs at the ow ner’s residence
w arning minors and adults of the presence of a dangerous dog on the property.
Section 4105 Care of companion animals; penalty. Addition of Virginia C ode § 3.26503 requirements
w hich require owners of companion animals to provide adequate feed, w ater, shelter, spac e, exercise, care,
treatment and veterinary c are to their companion animal. This s ection is also applicable to all pounds, animal
shelters, releasing agencies , foster care providers, animal dealers, pet shops, kennels , groomers and boarding
es tablishments . The Virginia Code enables localities to adopt an ordinance with these spec ific animal care
requirements and thes e requirements hav e been added at the request of animal control.
Section 4106 N oise from animals; penalty. A recent Virginia Supreme Court ruling in Tanner v. City of
Virginia Beach held that the “reasonable person” standard in the Virginia Beach noise ordinanc e was vague
and unconstitutional. Section 4106(A) has been amended by removing the “reasonable” person standard
w hich is stated as “unreasonably disturbs the peace and quiet, comfort, or repose of any person” and inserts
an objective standard which states that the excessive, c ontinuous and untimely noise must be “audible on the
property of the complainant”. A minor amendment w as also made to section 4106(C), at the request of the
SPCA, by replacing “SPCA” w ith “animal s helter”. On June 3, 2009, the Police Department provided a 12
month report on the impact of the animal nois e ordinance (s ee Attachment C ) and recommended that animal
noise continue to be regulated as it has been a helpful tool for the animal control officers. Additionally, animal
control suggested that the five acre R ural Areas exception be reevaluated. Based upon Board discuss ion at
the June 3 meeting, the five acre R ural Areas exception has been remov ed, making the animal noise
provision applicable Countywide.
provision applicable Countywide.
Section 4107 Abandonment of animals; penalty. Addition of Virginia Code § 3.26504 provisions, which
regulate the abandonment of any animal, and deems abandonment of an animal to be punishable as a class 3
misdemeanor with a fine of up to $500.00. Releasing an animal to a pound, animal shelter or other such
agency shall not be considered abandonment. This provision has been added at the request of animal control.
Section 4200 Running at large prohibited. C urrently, running at large is prohibited only in certain areas of
the County as designated by the Board and specifically listed in the ordinance. The list of prohibited areas
has increased over the years and animal control has had difficulty determining which areas of the C ounty the
ordinance is applicable to, thus rendering it difficult to enforce the ordinanc e. Additionally, animal control
receives complaints about dogs running at large in parts of the development areas of the County w here
running at large is currently not prohibited. Some examples of areas where running at large is currently not
prohibited are: Barracks W est/Old Salem apartments, Forest Lakes South, Templeton Circle, Abington
C rossing, Glennwood Station condominiums, Hollymead Town Center, Raintree, Northfields, Albemarle
Square, Fashion Square Mall, and the Village of Rivanna. At the request of animal control, Section 4200 has
been amended to prohibit running at large throughout the County, except in areas zoned Rural Areas District;
however, areas z oned Rural Areas D istrict which were prev iously identified as a no running at large area will
remain a prohibited running at large area and are listed as such in section 4200(A). At the suggestion of
animal c ontrol, an exemption has been added that a dog is not deemed to be running at large if it is on a bona
fide hunt during hunting season ac companied by a licensed hunter or during field trials or training periods when
ac companied by its owner. Lastly, spec ific authority has been included to provide that if a dog is observed or
captured by animal control w hile running at large, the dog will be impounded in acc ordance w ith the
impoundment provisions, section 4300 et seq., of this ordinance.
Section 4202 C ompensation for livestock and poultry killed by dogs. Addition of Virginia Code § 3.2
6553 provisions which set forth the procedures and maximum compensation that an animal owner may seek
for lives tock, poultry or fowl killed by a dog. Thes e procedures and compensation have been available to
such animal ow ners pursuant to the Virginia C ode, and has been added to the ordinance at the suggestion of
animal c ontrol in order to more readily inform suc h animal owners of available procedures and remedies, while
also providing continuity w ith section 4201, Dogs killing, injuring or chasing livestock or poultry—Generally.
Article II, Dogs and Other Animals, Division 3, Commercial Breeders. The Virginia Code mandates that
all localities adopt the provisions and requirements of Virginia C ode § 3.26507.1 et seq., whic h sets forth the
licensing and business practice requirements for c ommercial dog breeders. The requirements include:
obtaining a valid business license for commercial dog breeding; maintaining no more than 50 dogs over the
age of 1 year at any time; obtaining an annual certification from a licensed veterinarian for female dogs
between the ages of 18 months and 8 years , with such certification stating that the dog is suitable for
breeding; disposing of only by gift, sale, transfer, barter or euthanasia by a lic ensed veterinarian; and
maintaining accurate records of the commercial breeding operation for at least five y ears. Violations of these
requirements are punishable as a class 1 misdemeanor w ith a fine of up to $1000.00 or up to 12 months in
prison.
Section 4301 Impoundment; expenses; lien; disposition of animal. Addition of Virginia C ode § 3.26565
provisions which authorize animal control or lawenforcement officers to impound an animal whose owner has
failed to provide appropriate and adequate care to an animal, w hich renders the animal in such a condition that
it constitutes a direct and immediate threat to its life, safety or health, and w hose owner has failed to remedy
the condition and situation. This provision has been added at the reques t of animal control.
Section 4401 Rabid animals. Addition of Virginia Code § 3.26522 provisions which address rabid animals.
The provisions authorize confinement of animals suspected to be rabid. In addition, any person having
know ledge of the existenc e of an animal that is afflicted with rabies is required to immediately report the
information to the C harlottesville/Albemarle Health Department. Violation of this section is punishable as a
class 1 misdemeanor w ith a fine of up to $1000.00 or up to 12 months in prison. This has been added to
provide the County with the neces sary pow ers to protect the public’s health and safety as it relates to rabid
animals.
An annotated draft of the ordinance is provided as Attachment B. The annotations explain the nature of the
changes to each section of the draft ordinance. The green highlighted language is revisions made pursuant to the
Board’s direction at its June 3, 2009 meeting.
BUD GET IMPACT:
Staff anticipates limited additional enforcement by animal control officers under the propos ed ordinance and,
therefore, anticipates that there should be a minimal budget impact.
RECOMMENDA TIONS:
Staff recommends that after the public hearing, the Board adopt the attached ordinance (Attachment A).
ATTACHMENTS
A – D raft Ordinance
A – D raft Ordinance
B – Annotated Draft Ordinance
C – June 3, 2009 Executive Summary
Return to regular agenda
Draft: June 16, 2009
1
ORDINANCE NO. 09-4(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, 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 What 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 thereto to Sec. 4-104 Dogs and cats deemed
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; penalties to Sec. 4-213
Sec. 4-400 Definitions and Sec. 4-401 Dangerous dogs; to Sec. 4-218 Dangerous and vicious
vicious dogs animals
Draft: June 16, 2009
2
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; penalty
animal noise; and Sec. 4-603 Penalty for violations
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 3.1-796.68 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.
(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. When an animal is tethered,
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3
"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. domestic animal, including both agricultural and companion
animals, if not specified otherwise. For the purposes of article IV, “animal” means any species susceptible to
rabies.
(13) (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.
(12) (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 an person without assistance while standing ten feet
away from the sign.
(16) (15) 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.
(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)(16) 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
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4
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 veterinary treatment” means veterinary
treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or
prevent further disease progression.
(20)(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(21)(18) 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
agency.
(23)(19) 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. 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)(20) 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)(21) 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 3.1-73.6;
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)(22) 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)(23) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(30)(24) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.
(31)(25) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of1impounding 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.
(32)(26) 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
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5
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)(27) 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)(28) 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)(29) 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)(30) 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)(31) 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—Similar provisions, Va. Code § 3.1-796.66 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 appointed by the
board of supervisors as employed by the county police department. When 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 violation of a provision of this chapter shall
constitute be guilty of a class 4 misdemeanor, punishable by fine as provided by state law.
(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--Payment of license tax, subsequent to summons, Va. Code § 3.1-796.103; punishment for
conviction of misdemeanor, Va. Code §§ 3.2-6555, 18.2-11; position of animal control officer created, Va. Code § 3.1-796.104.
Sec. 4-102 202 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. 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--For similar state law, see Va. Code § 3.2-6585 3.1-796.127.
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6
Sec. 4-103 102 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—“No-Fence” law, Code of Va., Va. Code §§ 55-310 306 - 55-316; and 18.2-121.1; damages for trespass by
animals in crossing lawful fences, Code of Va., §§ 55-306 to 55-309.
Sec. 4-104 200 Dogs and cats deemed personal property; rights relating thereto.
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 dogs animals, or injury thereto, or unlawful detention or use thereof, as in the case of other personal
property.
Sec. 4-201 Unlawful killing of dogs.
The owner of any dog or cat that is injured or killed contrary to the provisions of this article or state
law chapter or state law by any person shall be entitled to recover the value thereof or the damage done thereto
in any 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— For similar state law, see Va. Code § 3.1-796.127 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.
ARTICLE VI. ANIMAL NOISE
Sec. 4-106 -601 Noise from animals; penalty.
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 unreasonably disturbs the peace and quiet, comfort, or repose of any person 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 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,
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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.
Sec. 4-602 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.
Sec. 4-603 C. Penalty for violation. A violation of this section shall be punishable as a Cclass 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 the
SPCA 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. 4-108 207 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 sustenance, food, drink, or shelter or emergency veterinary treatment; (iii)
willfully causes, instigates, engages in or in any way furthers any act of cruelty to any animal; or sores any
equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale,
show or exhibition of any kind, unless such administration of drugs or medications is within the context of a
veterinary client-patent relationship and solely for therapeutic purposes; (iv) transports, carries or causes to be
transported or carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal or inhumane
manner so as to produce torture or unnecessary suffering; or willfully sets on foot, instigates, engages in, or in
any way furthers any act of cruelty to any animal; (v) causes any of the above, or being the owner of such
animal permits such acts to be done by another, shall be guilty of a class 1 misdemeanor. Prosecutions under
this paragraph regarding agricultural animals shall commence within one year after commission of the offense.
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 injury 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 solely for
therapeutic purposes; (iii) maliciously deprives any companion animal of necessary food, drink, shelter or
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8
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. For purposes of this section, the word “animal” shall be construed to include birds and fowl.
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 injury or pain not connected with
bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog
or cat that is a companion animal whether belonging to him or another; and (ii) as a direct result causes the
death of such dog or cat that is a companion animal, or 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. Ordinances prohibiting cruelty to animals, Va. Code § 3.1-796.94;
abandonment of animals, penalty, Va. Code § 3.1-796.73; cruelty to animals, penalty, Va. Code § 3.1-796.122
Sec. 4-109 206 Disposition of companion animal and livestock carcasses.
The owner of any companion animal or livestock or fowl which has died from any cause shall
forthwith cremate or, bury the carcass in a lawful and sanitary manner, or sanitarily dispose of the animal upon
its death. If the owner fails to do so within 24 hours after receipt of notice from the police department, animal
control officer or other county officer, the county shall have such carcass so disposed of by its own agents or
employees at the owner’s sole cost and expense. 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--Disposal of dead companion animals, Va. Code § 3.1-796.121 §§ 3.2-6554; provision for
removal of garbage, refuse, etc. Va. Code § 15.2-901; burial or cremation of animals or fowl which have died, Va. Code § 18.2-
510.
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9
Sec. 4-110 211 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)
State law reference—Va. Code § 3.2-6587Similar provisions, Va. Code § 3.1-796.128(6).
ARTICLE II. DOGS AND OTHER ANIMALS
State law reference--For comprehensive animal laws relative to dogs and other animals, see Va. Code §§ 3.2-6500 et.seq. 3.1-796.66
through 3.1-796.129.
DIVISION 1. IN GENERAL
DIVISION 2. RUNNING AT LARGE
Sec. 4-200 Running at large prohibited 213 In certain areas.
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:
A. It shall be unlawful for the owner of any dog to permit such dog to run at large at any time
within the following designated areas of the county:
(1) University of Virginia grounds lying within the county. (7-19-73)
(2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office
of the county: Section l, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (7-19-73)
(3) Woodbrook Subdivision as platted and put to record in the clerk's office of the
county: Section l, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed
Book 386, page 39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5,
Deed Book 402, page 111; section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section
8, Deed Book 459, page 209; section 8A, Deed Book 481, page 231. (8-22-73)
(4) Georgetown Green as platted and put to record in the clerk's office of the county in
Deed Book 440, page 93. (9-26-73)
(2) (5) Crozet areas:
(a). beginning at a point corner common to parcels 96, 46 and 45B of section 56 of the county
tax maps; thence, in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the
county tax maps to the centerline of State Route 240; thence with State Route 240 north to the intersection of
the northeastern corner of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with
the northern boundary of parcel 11 to a corner with parcel 10D of section 56 of the county tax map; thence, in
a southerly and westerly direction with the eastern and southern boundaries of parcels 10D, 10 and 9 of section
56 and parcel 69 of section 55 to a corner with parcels 69 and 71A of section 55; thence, with the boundaries
of parcel 71A of section 56 in a southerly, westerly and northerly direction to the corner with parcel 70F of
section 55; thence, in a westerly direction with the southern boundaries of parcels 70F, 72 (13), and 72B of
section 55 to the southwestern corner of parcel 72B, a corner common with parcels 74 and 75 of section 55;
thence, with the eastern boundary of parcel 74 in a northerly direction to the center of State Route 691 and
continuing in a northerly direction across State Route 691 and along the eastern boundary of parcel 66 of
section 55 to a corner with Orchard Acres, (section 55C); thence, with Orchard Acres in a clockwise direction
to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northern
right-of-way; thence, in an easterly direction along the C & 0 right-of-way to its intersection with the western
boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its
intersection with the western boundary of parcel 51 of section 55; thence, in a northeasterly direction along the
western boundaries of parcels 51, 50, and 49 section 55 and parcel 1 of section 56 to a corner with parcel 48 of
section 55; thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of
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10
section 55 and the southern and western boundary of parcel 47 of section 55 continuing in a northeastern
direction along the western boundaries of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of
section 55, parcel 17 of section 40 and Sunrise Acres (section 40A); 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 White 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. the southern boundary of parcel 64 of
section 56; thence, in an eastern direction with the southern boundary of its inter-section with parcel 66 of
section 56; thence, in a southerly and easterly direction around the western and southern boundaries of parcel
66 of section 56 to its intersection with parcel 66B of section 56; thence, in an eastern direction along the
southern boundary of parcel 66B, section 56, to a corner with parcel 58 of section 56A (2); thence, in a
southerly and easterly direction along the western boundary of parcel 58 to section 56A (2) to its inter-section
with State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0
Railway to a corner common to parcels 67 and 68 of section 56A (2) on the southern right-of-way of the C & 0
Railway; thence, with the southern right-of-way of the C & 0 Railway in a westerly direction to its intersection
with a corner common to parcel 58 of section 56 and parcel 71B of section 56A (2); thence, in a southerly and
easterly direction along the western and southern boundary of parcel 58 of section 56 to a corner with parcel
57A (1) of section 56; thence, in a southerly and easterly direction along the western and southern boundary of
parcel 57A (1) of section 56 and the southern boundary of parcel 57 of section 56 to a corner with parcel 55 of
section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a corner with parcel 54 of section
56; thence, in a southeasterly direction with the southern boundary of parcel 54 of section 56 to its intersection
with parcel 48 of section 56; thence, in a southeasterly and southern direction along the eastern boundary of
parcel 48 of section 56 to its corner with parcel 47 of section 56; thence, in a southerly direction along the
eastern boundaries of parcels 47 and 46 of section 56 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.
(6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 449, page 637 and Deed Book 452, page 87. (12-19-73)
(7) Camelot Subdivision as platted and put to record in the clerk's office of the county in
Deed Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (1-23-74; 5-
21-86)
(8) Sherwood Manor Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 504, page 114 and Deed Book 514, page 505. (1-23-74)
(9) Four Seasons as platted and put to record in the clerk's office of the county in Deed
Book 467, page 378 and Deed Book 481, page 417. (3-27-74)
(10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 452, page 165 and Deed Book 491, page 3. (3-27-74)
Draft: June 16, 2009
11
(11) Westmoreland Subdivision as platted and put to record in the office of the clerk of
the circuit court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29;
section 3, Deed Book 419, page 265, and section 4, Deed Book 423, page 19. (5-22-74)
(12) Hessian Hills Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327;
section 3, Deed Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10-
9-74)
(13) Knollwood Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, in Deep Book 272, page 3. (Does not include Old Forge Road or Hessian Hills
Apartments.) (10-9-74)
(14) Stonehenge Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, in Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages
326, 345, 346, 347, 348, 522 and Deed Book 550, page 320. (1-22-75)
(15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 395, page 6. (3-10-76)
(3) (16) 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)
(17) Oak Hill Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed
Book 396, page 291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed
Book 441, page 299 and Deed Book 468, page 85. (5-22-78)
(18) Westgate Apartments (County Tax Map 61, parcels 42, 42C and 42D) as platted and
recorded in the office of the clerk of the circuit court of the county, in Deed Book 497, page 636; and Deed
Book 529, page 147. (5-22-78)
(19) Solomon Court Apartments (County Tax Map 61, parcels 42 and 43D) as platted and
recorded in the office of the clerk of the circuit court of the county, in Deed Book 349, page 390; Deed Book
353, page 145 and Deed Book 430, page 181. (5-22-78)
(20) Carrsbrook Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed
Book 380, pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (6-21-78)
(21) Deerwood Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 426, page 457; and Deed Book 455, page 16. (6-21-78)
(22) Greenbrier Heights Subdivision as platted and recorded in the office of the clerk of
the circuit court of the county, in Deed Book 550, page 601. (10-7-81)
(23) Huntwood Subdivision as platted and recorded in the office of the clerk of the circuit
court in Deed Book 728, page 377; and Deed Book 728, page 378. (5-13-87)
(24) Hollymead as platted and recorded in the office of the clerk of the circuit court for
the following areas: Sections 1 and 2 in Deed Book 531, pages 309 through 313; section 3 in Deed Book 714,
page 444; Hollymead Square in Deed Book 633, page 330; tax map 46, parcel 28G in Deed Book 418, page
440; tax map 46, parcel 26B2 in Deed Book 741, page 304; and tax map 46B1-01-1 in Deed Book 489, page
381. (9-16-87)
(25) The urban area of the county, the communities of Hollymead and Crozet and the
village of Scottsville, all as defined in the Comprehensive Plan for Albemarle County, Virginia, and as shown
on a map which is on file in the office of the clerk to the board of supervisors. (11-4-87)
Draft: June 16, 2009
12
(4) (26)Waverly 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) (27)Whipporwill 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) (28) Key West/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)
(7) (29) 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) (30) 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) (31)Milton Heights Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 343, page 64. (8-17-94)
(10) (32)Shadwell Estates Subdivision as platted and recorded in the Ooffice of the Cclerk of
the Ccircuit Ccourt of the Ccounty, in Deed Book 339, page 458. (8-17-94)
(11) (33)Thurston Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 637, page 456. (12-7-94)
(34) Glenmore Planned Residential Development as recorded in the Office of the Clerk of
the Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1-4-95)
(35) Peacock Hill as recorded in the Office of the Clerk of the Circuit Court of the County
in Deed Book 589, pages 205-212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904,
pages 182, Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book
1189, page 407; Deed Book 1310, page 128. (9-6-95)
(12) (36)Lexington Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty in Deed Book 564, page 088. (3-12-97)
(13) (37)Bedford Hills Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty in Deed Book 365, page 212. (12-2-98)
(14) (38)Westmont Subdivision as platted and recorded in the Ooffice of the clerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (5-3-00)
(15) (39)Blue Springs Farm Subdivision as platted and recorded in the Ooffice of the Cclerk of
the Ccircuit Ccourt of the Ccounty, in Deed Book 1341, page 121.
(16) (40)Farmington Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty 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) (41) Section One of Corville Farm Subdivision as platted and recorded in the Ooffice of
the Cclerk of the Ccircuit Ccourt of the Ccounty in Deed book 474, page 003.
Draft: June 16, 2009
13
B. For the purposes of this section, a dog shall be deemed to “run at large” be running 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. Any person who permits his dog to run at large shall be deemed to have violated
the provisions of this section, and, upon conviction, shall be guilty of a Class 4 misdemeanor and punished by
a fine of not more than two hundred fifty dollars ($250.00). It shall be the duty of the animal control officer to
enforce the provisions of this section.
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)
State law reference--Authority of county to adopt this section, Va. Code § 3.1-796.93 § 3.2-6538.
Sec. 4-201 203 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 or capture 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--For similar state law, see Va. Code § 3.1-796.116 § 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
Draft: June 16, 2009
14
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. 4-203 209 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 For similar state law, see Va. Code § 3.1-796.128(8).
Sec. 4-204 212 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)
ARTICLE III. DIVISION 2. LICENSES
Sec. 4-205 300 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. 4-206 301 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. Any person convicted of making a false statement in order to secure a dog license
to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than
two hundred fifty dollars ($250.00).
Draft: June 16, 2009
15
E. Any person convicted of fFailure 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. be guilty of a Class 4 misdemeanor and
punished by a fine of not more than two hundred fifty dollars ($250.00).
(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. 4-207 302 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.
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 4-301206, 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. 4-208 303 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
Draft: June 16, 2009
16
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. 4-209 304 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)
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. 4-210 305 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. 4-211 306 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.
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17
Sec. 4-212 307 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.
Sec. 4-213 308 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 tThe owner of any dog to allow his dog to run found running at large
at any time of the year in violation of this section upon conviction, shall be guilty of a class 4 misdemeanor
and punished by a fine of not more than two hundred fifty dollars ($250.00).
(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. 4-214 210 Harboring or concealing unlicensed dogs taxed or mad dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax has
not been paid, or to conceal a mad dog 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 § 3.2-6587Similar provisions, Va. Code §§ 3.1-796.128(7) and (9).
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.
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18
(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:
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.
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
Sec. 4-400 Definitions.
For the purposes of this division and unless otherwise required by the context, the following words
and terms shall have the meanings respectively ascribed to them by this section:
A. As used in this section:
(1) Dangerous dog. The term “dangerous dog” “Dangerous dog” means a canine or canine
crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or
killed a companion animal that is a dog or cat. ; however, when When a dog attacks or bites another dog a
companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous if:
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19
(i) if no serious physical injury as determined by a licensed veterinarian has occurred to the
other dog or cat as a result of the attack or bite; or
(ii) if both dogs 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
another a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be
found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog
is not dangerous or a threat to the community.
(2) Injury. The term “injury” means any superficial cut, scratch, scrape, or minor tear to the skin, or
any bruise to bone or skin area. 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.
(3) Leash. The term “leash” means any rope, strap, chain or other material not exceeding four feet in
length, being held in the hand of a person capable of controlling the dog to which it is attached.
(4) Serious injury. The term “serious injury” 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.
(5) Vicious dog. The term “vicious dog” “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 as authorized by Section 4-401(B) of this chapter, that it is a
dangerous dog, provided that its owner has been given notice of that finding.
Sec. 4-401 Dangerous dogs; vicious dogs.
A.B. Any law-enforcement officer or animal control officer who has reason to believe The animal
control officer upon reasonable 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 in 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 §3.1-
796.119. § 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.
B. Nothwithstanding the provision of subdivision (A), an animal control officer may determine after
investigation whether a dog is a dangerous dog. If the animal control officer determines that a dog is a
dangerous dog, he may order the animal’s owner to comply with the provisions of this section. If the animal’s
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20
owner disagrees with the animal control officer’s determination, he may appeal the determination to the
general district court for a trial on the merits. Such appeal shall be filed no later than ten (10) days after receipt
of notice of the officer’s determination.
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 or 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.
D. 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 Ccounty for a fee of fifty dollars ($50.00), in
addition to other fees that may be authorized by law. The Ccounty 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;
(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).
F. G. While on the property of its owner, an animal found to be a dangerous dog shall be confined
indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or
direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the
animal with shelter from the elements of nature. When off its owner’s property, an animal found to be a
dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or
interfere with the animal’s vision or respiration, but so as to prevent it from biting a person or another animal.
G. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal
guarding shall be responsible for complying with all requirements of this section.
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21
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.
H. 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, or (iv) has
been moved to a different address. 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.
I. The owner of any animal which 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.
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, 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.
J. L. All fees collected pursuant to this section, less the costs incurred by the Ccounty 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 3.1-796.104:1.
(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. 4-300 208 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
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22
enforcement officer shall contact the Sstate Vveterinarian or a Sstate Vveterinarian'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 humane investigator law-enforcement officer or
animal control officer shall file within five (5) business days on a form approved by the Sstate Vveterinarian 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 Sstate Vveterinarian.
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 humane
investigator, 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 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. Article 4 (§§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia, and the
Commonwealth shall be required to prove its case beyond a reasonable doubt.
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 Ccommonwealth, agency of
another state, or a licensed federal dealer having its principal place of business located within the
Ccommonwealth; (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. placed for adoption
with any person who will pay the required license fee, if any, on such animal.
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
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23
the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the
actions or inactions of such person. person adjudged unable to adequately provide for the animal or adjudged
an unfit person to own the animal be allowed to purchase, adopt, or otherwise obtain the animal at the sale.
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. In making a determination as to whether the owner is able to adequately provide for the
animal or is a fit person to own the animal, the court may take into consideration the owner's past record of
convictions under this section or other laws prohibiting cruelty to animals or pertaining to the care or treatment
of animals and 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.I. 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.
KJ. 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)
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. 4-302 204 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 4-203 201, and a warrant or summons is
issued by a magistrate of the county, as set out in section 4-203 201, 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,
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24
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. Conviction of a
violation of this section shall be deemed a misdemeanor offense and shall be punishable as provided by section
1-116. 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 4-300205 and 4-303208, respectively. If the court
finds such dog is not a livestock killer or has not committed any of the depredations mentioned in section 4-
203201, 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 4-205303.
(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. 4-303 205 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 the S.P.C.A. 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, tThe animal control officer or other officer
may also deliver such dog to any person in the county who will pay the required license fee on such dog, with
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 3.1-796.96 shall have been complied with.
CB. 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 3.1-796.119.
ARTICLE V IV. RABIES CONTROL
State law reference--Authority of county to adopt measures to prevent rabies, see Va. Code §§ 3.2-6521; 3.2-6522; 3.2-6523; 3.2-
6525 3.1-796.100; as to control of rabies generally, see Va. Code §§ 32.1-48.l to 32.1-48.4.
Sec. 4-400 500 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
Draft: June 16, 2009
25
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.
A. No dog or cat four months of age or older shall be permitted within the county, unless such
dog or cat shall have been vaccinated or immunized against rabies within a period of thirty-six (36) months
with a rabies vaccine approved by the state department of health.
B. It shall be unlawful for any person to own, keep or harbor any dog or cat over four months old
within the county, unless such dog or cat shall have been vaccinated or inoculated against rabies within a
period of thirty-six (36) months with a rabies vaccine approved by the state department of health.
(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.
Sec. 4- 502 Confinement of animals suspected of having rabies or of being in close proximity to animals
having rabies.
The health officer for the county is empowered to order the owner or person responsible for any
animal suspected of having rabies or of having been in close proximity of a rabid animal to confine such
animal under competent observation at the expense of the owner for a period reasonably necessary to
determine whether the animal is actually infected with rabies.
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 system tissue, in a fresh open wound or
mucous membrane with proof of a valid rabies vaccination, shall be revaccinated immediately following the
bite and shall be confined to the premises of the owner, or other site as may be approved by the
Charlottesville/Albemarle Health Department, for a period of forty-five (45) days.
Sec. 4-503 Confinement of animals which have bitten persons.
At the discretion of the health officer for the county director of the Charlottesville/Albemarle Health
Department, any animal which that has bitten a person shall be confined at the expense of the owner 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
Draft: June 16, 2009
26
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. 4-402 210 Harboring or concealing taxed or rabid animals mad dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax has
not been paid, or to conceal a rabid animal mad dog 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 § 3.2-6587Similar provisions, Va. Code §§ 3.1-796.128(7) and (9).
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. 4-404 501 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. 4-405 504 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--Authority of county to adopt measures to prevent rabies, see Va. Code §§ 3.2-6525; 3.1-796.100;
as to control of rabies generally, see Va. Code §§ 32.1-48.l to 32.1-48.4.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Amendment Description
Changes from 6-3-09 Board Meeting Draft: June 16, 2009
1
ORDINANCE NO. 09-4(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, 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 What 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 thereto to Sec. 4-104 Dogs and cats deemed
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; penalties to Sec. 4-213
Sec. 4-400 Definitions and Sec. 4-401 Dangerous dogs; to Sec. 4-218 Dangerous and vicious
vicious dogs animals
Draft: June 16, 2009
2
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; penalty
animal noise; and Sec. 4-603 Penalty for violations
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 3.1-796.68 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.
(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. When an animal is tethered,
Draft: June 16, 2009
3
"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. **Amended to mirror Code of Virginia
definition.
(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. domestic animal, including both agricultural and companion
animals, if not specified otherwise. For the purposes of article IV, “animal” means any species susceptible to
rabies. **Amended to mirror Code of Virginia definition.
(13) (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.
(12) (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. **Amended to mirror Code of Virginia definition.
(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 an person without assistance while standing ten feet
away from the sign. New term to provide clarity to a requirement in Dangerous Dog provision.
(16) (15) 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.
(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. **New term to mirror Code of Virginia and is required pursuant
to Code of Virginia to coincide with Article II Dogs and Other Animals, Division 3. Commercial Breeders.
Draft: June 16, 2009
4
(18)(16) 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 veterinary treatment” means veterinary
treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or
prevent further disease progression. **New term and mirrors Code of Virginia definition.
(20)(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(21)(18) 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
agency. **New term and mirrors Code of Virginia definition.
(23)(19) 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. 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.
**Term which was previously defined in Dangerous dogs and vicious dogs section.
(25)(20) 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. **Term
which was previously defined in Dangerous dogs and vicious dogs section.
(27)(21) 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 3.1-73.6;
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. **Amended to reflect change in Code of
Virginia reference.
(28)(22) 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)(23) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(30)(24) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.
(31)(25) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of1impounding 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.
Draft: June 16, 2009
5
(32)(26) 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. **New term to mirror Code of Virginia and to coincide with
Sec. 4-105 Care of companion animals.
(34)(27) 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. **Term which was
previously defined in Dangerous dogs and vicious dogs section.
(36)(28) 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)(29) 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)(30) 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)(31) 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—Similar provisions, Va. Code § 3.1-796.66 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 appointed by the
board of supervisors as employed by the county police department. When 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 violation of a provision of this chapter shall
constitute be guilty of a class 4 misdemeanor, punishable by fine as provided by state law. **Amended to
update current practices and to be in accordance with Code of Virginia language.
(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--Payment of license tax, subsequent to summons, Va. Code § 3.1-796.103; punishment for
conviction of misdemeanor, Va. Code §§ 3.2-6555, 18.2-11; position of animal control officer created, Va. Code § 3.1-796.104.
Sec. 4-102 202 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
Draft: June 16, 2009
6
action is instituted within seven (7) days, the animal control officer shall deliver the dog to its owner. 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. **No substantial changes.
(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--For similar state law, see Va. Code § 3.2-6585 3.1-796.127.
Sec. 4-103 102 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. **No changes.
(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—“No-Fence” law, Code of Va., Va. Code §§ 55-310 306 - 55-316; and 18.2-121.1; damages for trespass by
animals in crossing lawful fences, Code of Va., §§ 55-306 to 55-309.
Sec. 4-104 200 Dogs and cats deemed personal property; rights relating thereto.
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 dogs animals, or injury thereto, or unlawful detention or use thereof, as in the case of other personal
property.
Sec. 4-201 Unlawful killing of dogs.
The owner of any dog or cat that is injured or killed contrary to the provisions of this article or state
law chapter or state law by any person shall be entitled to recover the value thereof or the damage done thereto
in any an appropriate action at law from such person. **Amended to mirror Code of Virginia.
(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— For similar state law, see Va. Code § 3.1-796.127 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.
**New section per Code of Virginia; verbatim Code of Virginia language. Incorporated at request of ACO’s.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6503.
Draft: June 16, 2009
7
ARTICLE VI. ANIMAL NOISE
Sec. 4-106 -601 Noise from animals; penalty.
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 unreasonably disturbs the peace and quiet, comfort, or repose of any person 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 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.
Sec. 4-602 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.
Sec. 4-603 C. Penalty for violation. A violation of this section shall be punishable as a Cclass 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 the
SPCA an animal shelter for adoption in a home outside of the area of the county covered by this section.
**Amendment to the “reasonable person” standard to ensure compliance with recent ruling in Tanner v. City
of Virginia Beach. Replaced “SPCA” with “animal shelter”.
(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. **New section per Code of Virginia; mirror Code of
Virginia language.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6504.
Sec. 4-108 207 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 sustenance, food, drink, or shelter or emergency veterinary treatment; (iii)
willfully causes, instigates, engages in or in any way furthers any act of cruelty to any animal; or sores any
equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale,
show or exhibition of any kind, unless such administration of drugs or medications is within the context of a
veterinary client-patent relationship and solely for therapeutic purposes; (iv) transports, carries or causes to be
transported or carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal or inhumane
manner so as to produce torture or unnecessary suffering; or willfully sets on foot, instigates, engages in, or in
any way furthers any act of cruelty to any animal; (v) causes any of the above, or being the owner of such
animal permits such acts to be done by another, shall be guilty of a class 1 misdemeanor. Prosecutions under
this paragraph regarding agricultural animals shall commence within one year after commission of the offense.
carries or causes to be carried by any vehicle, vessel or otherwise any animal in cruel, brutal, or inhumane
Draft: June 16, 2009
8
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 injury 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 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. For purposes of this section, the word “animal” shall be construed to include birds and fowl.
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 injury or pain not connected with
bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog
or cat that is a companion animal whether belonging to him or another; and (ii) as a direct result causes the
death of such dog or cat that is a companion animal, or 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. **Amended to mirror Code of Virginia language.
(Ord. 98-A(1), 8-5-98, § 4-207; Ord. 09-4(1), 7-8-09)
State law references- Va. Code § 3.2-6570. Ordinances prohibiting cruelty to animals, Va. Code § 3.1-796.94;
abandonment of animals, penalty, Va. Code § 3.1-796.73; cruelty to animals, penalty, Va. Code § 3.1-796.122
Sec. 4-109 206 Disposition of companion animal and livestock carcasses.
The owner of any companion animal or livestock or fowl which has died from any cause shall
forthwith cremate or, bury the carcass in a lawful and sanitary manner, or sanitarily dispose of the animal upon
Draft: June 16, 2009
9
its death. If the owner fails to do so within 24 hours after receipt of notice from the police department, animal
control officer or other county officer, the county shall have such carcass so disposed of by its own agents or
employees at the owner’s sole cost and expense. 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. **Amended to mirror Code of Virginia language and included the term livestock at request of
ACO’s.
(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--Disposal of dead companion animals, Va. Code § 3.1-796.121 §§ 3.2-6554; provision for
removal of garbage, refuse, etc. Va. Code § 15.2-901; burial or cremation of animals or fowl which have died, Va. Code § 18.2-
510.
Sec. 4-110 211 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. **Change to be consistent
with Code of Virginia.
(Code 1967, § 4-12; Code 1988, § 4-17; Ord. 98-A(1), 8-5-98, § 4-211; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6587Similar provisions, Va. Code § 3.1-796.128(6).
ARTICLE II. DOGS AND OTHER ANIMALS
State law reference--For comprehensive animal laws relative to dogs and other animals, see Va. Code §§ 3.2-6500 et.seq. 3.1-796.66
through 3.1-796.129.
DIVISION 1. IN GENERAL
DIVISION 2. RUNNING AT LARGE
Sec. 4-200 Running at large prohibited 213 In certain areas.
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:
A. It shall be unlawful for the owner of any dog to permit such dog to run at large at any time
within the following designated areas of the county:
(1) University of Virginia grounds lying within the county. (7-19-73)
(2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office
of the county: Section l, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (7-19-73)
(3) Woodbrook Subdivision as platted and put to record in the clerk's office of the
county: Section l, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed
Book 386, page 39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5,
Deed Book 402, page 111; section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section
8, Deed Book 459, page 209; section 8A, Deed Book 481, page 231. (8-22-73)
(4) Georgetown Green as platted and put to record in the clerk's office of the county in
Deed Book 440, page 93. (9-26-73)
(2) (5) Crozet areas:
(a). beginning at a point corner common to parcels 96, 46 and 45B of section 56 of the county
tax maps; thence, in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the
county tax maps to the centerline of State Route 240; thence with State Route 240 north to the intersection of
the northeastern corner of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with
Draft: June 16, 2009
10
the northern boundary of parcel 11 to a corner with parcel 10D of section 56 of the county tax map; thence, in
a southerly and westerly direction with the eastern and southern boundaries of parcels 10D, 10 and 9 of section
56 and parcel 69 of section 55 to a corner with parcels 69 and 71A of section 55; thence, with the boundaries
of parcel 71A of section 56 in a southerly, westerly and northerly direction to the corner with parcel 70F of
section 55; thence, in a westerly direction with the southern boundaries of parcels 70F, 72 (13), and 72B of
section 55 to the southwestern corner of parcel 72B, a corner common with parcels 74 and 75 of section 55;
thence, with the eastern boundary of parcel 74 in a northerly direction to the center of State Route 691 and
continuing in a northerly direction across State Route 691 and along the eastern boundary of parcel 66 of
section 55 to a corner with Orchard Acres, (section 55C); thence, with Orchard Acres in a clockwise direction
to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northern
right-of-way; thence, in an easterly direction along the C & 0 right-of-way to its intersection with the western
boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its
intersection with the western boundary of parcel 51 of section 55; thence, in a northeasterly direction along the
western boundaries of parcels 51, 50, and 49 section 55 and parcel 1 of section 56 to a corner with parcel 48 of
section 55; thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of
section 55 and the southern and western boundary of parcel 47 of section 55 continuing in a northeastern
direction along the western boundaries of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of
section 55, parcel 17 of section 40 and Sunrise Acres (section 40A); 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 White 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. the southern boundary of parcel 64 of
section 56; thence, in an eastern direction with the southern boundary of its inter-section with parcel 66 of
section 56; thence, in a southerly and easterly direction around the western and southern boundaries of parcel
66 of section 56 to its intersection with parcel 66B of section 56; thence, in an eastern direction along the
southern boundary of parcel 66B, section 56, to a corner with parcel 58 of section 56A (2); thence, in a
southerly and easterly direction along the western boundary of parcel 58 to section 56A (2) to its inter-section
with State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0
Railway to a corner common to parcels 67 and 68 of section 56A (2) on the southern right-of-way of the C & 0
Railway; thence, with the southern right-of-way of the C & 0 Railway in a westerly direction to its intersection
with a corner common to parcel 58 of section 56 and parcel 71B of section 56A (2); thence, in a southerly and
easterly direction along the western and southern boundary of parcel 58 of section 56 to a corner with parcel
57A (1) of section 56; thence, in a southerly and easterly direction along the western and southern boundary of
parcel 57A (1) of section 56 and the southern boundary of parcel 57 of section 56 to a corner with parcel 55 of
section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a corner with parcel 54 of section
56; thence, in a southeasterly direction with the southern boundary of parcel 54 of section 56 to its intersection
with parcel 48 of section 56; thence, in a southeasterly and southern direction along the eastern boundary of
parcel 48 of section 56 to its corner with parcel 47 of section 56; thence, in a southerly direction along the
eastern boundaries of parcels 47 and 46 of section 56 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.
Draft: June 16, 2009
11
(6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 449, page 637 and Deed Book 452, page 87. (12-19-73)
(7) Camelot Subdivision as platted and put to record in the clerk's office of the county in
Deed Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (1-23-74; 5-
21-86)
(8) Sherwood Manor Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 504, page 114 and Deed Book 514, page 505. (1-23-74)
(9) Four Seasons as platted and put to record in the clerk's office of the county in Deed
Book 467, page 378 and Deed Book 481, page 417. (3-27-74)
(10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the
county in Deed Book 452, page 165 and Deed Book 491, page 3. (3-27-74)
(11) Westmoreland Subdivision as platted and put to record in the office of the clerk of
the circuit court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29;
section 3, Deed Book 419, page 265, and section 4, Deed Book 423, page 19. (5-22-74)
(12) Hessian Hills Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327;
section 3, Deed Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10-
9-74)
(13) Knollwood Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, in Deep Book 272, page 3. (Does not include Old Forge Road or Hessian Hills
Apartments.) (10-9-74)
(14) Stonehenge Subdivision as platted and put to record in the office of the clerk of the
circuit court of the county, in Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages
326, 345, 346, 347, 348, 522 and Deed Book 550, page 320. (1-22-75)
(15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 395, page 6. (3-10-76)
(3) (16) 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)
(17) Oak Hill Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed
Book 396, page 291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed
Book 441, page 299 and Deed Book 468, page 85. (5-22-78)
(18) Westgate Apartments (County Tax Map 61, parcels 42, 42C and 42D) as platted and
recorded in the office of the clerk of the circuit court of the county, in Deed Book 497, page 636; and Deed
Book 529, page 147. (5-22-78)
(19) Solomon Court Apartments (County Tax Map 61, parcels 42 and 43D) as platted and
recorded in the office of the clerk of the circuit court of the county, in Deed Book 349, page 390; Deed Book
353, page 145 and Deed Book 430, page 181. (5-22-78)
(20) Carrsbrook Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed
Book 380, pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (6-21-78)
(21) Deerwood Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 426, page 457; and Deed Book 455, page 16. (6-21-78)
(22) Greenbrier Heights Subdivision as platted and recorded in the office of the clerk of
the circuit court of the county, in Deed Book 550, page 601. (10-7-81)
Draft: June 16, 2009
12
(23) Huntwood Subdivision as platted and recorded in the office of the clerk of the circuit
court in Deed Book 728, page 377; and Deed Book 728, page 378. (5-13-87)
(24) Hollymead as platted and recorded in the office of the clerk of the circuit court for
the following areas: Sections 1 and 2 in Deed Book 531, pages 309 through 313; section 3 in Deed Book 714,
page 444; Hollymead Square in Deed Book 633, page 330; tax map 46, parcel 28G in Deed Book 418, page
440; tax map 46, parcel 26B2 in Deed Book 741, page 304; and tax map 46B1-01-1 in Deed Book 489, page
381. (9-16-87)
(25) The urban area of the county, the communities of Hollymead and Crozet and the
village of Scottsville, all as defined in the Comprehensive Plan for Albemarle County, Virginia, and as shown
on a map which is on file in the office of the clerk to the board of supervisors. (11-4-87)
(4) (26)Waverly 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) (27)Whipporwill 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) (28) Key West/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)
(7) (29) 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) (30) 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) (31)Milton Heights Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 343, page 64. (8-17-94)
(10) (32)Shadwell Estates Subdivision as platted and recorded in the Ooffice of the Cclerk of
the Ccircuit Ccourt of the Ccounty, in Deed Book 339, page 458. (8-17-94)
(11) (33)Thurston Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 637, page 456. (12-7-94)
(34) Glenmore Planned Residential Development as recorded in the Office of the Clerk of
the Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1-4-95)
(35) Peacock Hill as recorded in the Office of the Clerk of the Circuit Court of the County
in Deed Book 589, pages 205-212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904,
pages 182, Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book
1189, page 407; Deed Book 1310, page 128. (9-6-95)
(12) (36)Lexington Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty in Deed Book 564, page 088. (3-12-97)
(13) (37)Bedford Hills Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty in Deed Book 365, page 212. (12-2-98)
(14) (38)Westmont Subdivision as platted and recorded in the Ooffice of the clerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (5-3-00)
(15) (39)Blue Springs Farm Subdivision as platted and recorded in the Ooffice of the Cclerk of
the Ccircuit Ccourt of the Ccounty, in Deed Book 1341, page 121.
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13
(16) (40)Farmington Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty 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) (41) Section One of Corville Farm Subdivision as platted and recorded in the Ooffice of
the Cclerk of the Ccircuit Ccourt of the Ccounty in Deed book 474, page 003.
B. For the purposes of this section, a dog shall be deemed to “run at large” be running 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. Any person who permits his dog to run at large shall be deemed to have violated
the provisions of this section, and, upon conviction, shall be guilty of a Class 4 misdemeanor and punished by
a fine of not more than two hundred fifty dollars ($250.00). It shall be the duty of the animal control officer to
enforce the provisions of this section.
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.
**Amended to prohibit running at large throughout the county, except in areas zoned Rural District; unless
such areas were already identified in previous animal ordinance as a “no running at large” area.
(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)
State law reference--Authority of county to adopt this section, Va. Code § 3.1-796.93 § 3.2-6538.
Sec. 4-201 203 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 or capture 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
Draft: June 16, 2009
14
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. **Amended to mirror Code of Virginia language.
(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--For similar state law, see Va. Code § 3.1-796.116 § 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. **New section which mirrors Code of Virginia
language.
Ord. 09-4(1), 7-8-09
State law reference—Va. Code § 3.2-6553.
Sec. 4-203 209 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. **No changes.
(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 For similar state law, see Va. Code § 3.1-796.128(8).
Sec. 4-204 212 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. **No changes.
(Code 1967, § 4-13; Code 1988, § 4-18; Ord. 98-A(1), 8-5-98, § 4-212; Ord. 09-4(1), 7-8-09)
ARTICLE III. DIVISION 2. LICENSES
Sec. 4-205 300 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. **No changes.
(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. 4-206 301 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
Draft: June 16, 2009
15
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. Any person convicted of making a false statement in order to secure a dog license
to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than
two hundred fifty dollars ($250.00).
E. Any person convicted of fFailure 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. be guilty of a Class 4 misdemeanor and
punished by a fine of not more than two hundred fifty dollars ($250.00). **No substantive changes Deleted
references to class 4 misdemeanor because section 4-101(B) states violations of this chapter shall be a class 4
misdemeanor unless stated otherwise.
(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. 4-207 302 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.
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 4-301206, 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). **No change, except Code reference in paragraph b.
(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. 4-208 303 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.
Draft: June 16, 2009
16
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. **No
substantive changes.
(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. 4-209 304 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)
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. **No changes.
(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. 4-210 305 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.
Draft: June 16, 2009
17
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. **No substantive changes.
(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. 4-211 306 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. **No changes.
(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. 4-212 307 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.
**No changes.
(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.
Sec. 4-213 308 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 tThe owner of any dog to allow his dog to run found running at large
at any time of the year in violation of this section upon conviction, shall be guilty of a class 4 misdemeanor
and punished by a fine of not more than two hundred fifty dollars ($250.00). **No substantive changes.
Amend language regarding violation of this section as it is already set forth in section 4-101(B).
Draft: June 16, 2009
18
(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. 4-214 210 Harboring or concealing unlicensed dogs taxed or mad dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax has
not been paid, or to conceal a mad dog to keep the same from being killed. **Change language of unlicensed
dog.
(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 § 3.2-6587Similar provisions, Va. Code §§ 3.1-796.128(7) and (9).
DIVISION 3. COMMERCIAL BREEDERS
**New division and sections required per Code of Virginia. All language mirrors Code of Virginia.
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:
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.
Draft: June 16, 2009
19
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.
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
Sec. 4-400 Definitions.
For the purposes of this division and unless otherwise required by the context, the following words
and terms shall have the meanings respectively ascribed to them by this section:
A. As used in this section:
(1) Dangerous dog. The term “dangerous dog” “Dangerous dog” means a canine or canine
crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or
killed a companion animal that is a dog or cat. ; however, when When a dog attacks or bites another dog a
companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous if:
(i) if no serious physical injury as determined by a licensed veterinarian has occurred to the
other dog or cat as a result of the attack or bite; or
(ii) if both dogs 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
another a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person shall be
found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog
is not dangerous or a threat to the community.
(2) Injury. The term “injury” means any superficial cut, scratch, scrape, or minor tear to the skin, or
any bruise to bone or skin area. 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.
(3) Leash. The term “leash” means any rope, strap, chain or other material not exceeding four feet in
length, being held in the hand of a person capable of controlling the dog to which it is attached.
(4) Serious injury. The term “serious injury” 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.
(5) Vicious dog. The term “vicious dog” “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 as authorized by Section 4-401(B) of this chapter, that it is a
dangerous dog, provided that its owner has been given notice of that finding.
Sec. 4-401 Dangerous dogs; vicious dogs.
A.B. Any law-enforcement officer or animal control officer who has reason to believe The animal
control officer upon reasonable believe that a canine or canine crossbreed within its jurisdiction is a dangerous
Draft: June 16, 2009
20
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 in 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 §3.1-
796.119. § 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.
B. Nothwithstanding the provision of subdivision (A), an animal control officer may determine after
investigation whether a dog is a dangerous dog. If the animal control officer determines that a dog is a
dangerous dog, he may order the animal’s owner to comply with the provisions of this section. If the animal’s
owner disagrees with the animal control officer’s determination, he may appeal the determination to the
general district court for a trial on the merits. Such appeal shall be filed no later than ten (10) days after receipt
of notice of the officer’s determination.
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 or 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.
D. 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 Ccounty for a fee of fifty dollars ($50.00), in
addition to other fees that may be authorized by law. The Ccounty 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;
(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.
Draft: June 16, 2009
21
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).
F. G. While on the property of its owner, an animal found to be a dangerous dog shall be confined
indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or
direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the
animal with shelter from the elements of nature. When off its owner’s property, an animal found to be a
dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or
interfere with the animal’s vision or respiration, but so as to prevent it from biting a person or another animal.
G. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal
guarding shall be responsible for complying with all requirements of this section.
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.
H. 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, or (iv) has
been moved to a different address. 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.
I. The owner of any animal which 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.
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, 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.
Draft: June 16, 2009
22
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.
J. L. All fees collected pursuant to this section, less the costs incurred by the Ccounty 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 3.1-796.104:1. **Amended to mirror Code of Virginia language.
(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. 4-300 208 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 Sstate Vveterinarian or a Sstate Vveterinarian'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 humane investigator law-enforcement officer or
animal control officer shall file within five (5) business days on a form approved by the Sstate Vveterinarian 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 Sstate Vveterinarian.
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 humane
investigator, 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 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.
Draft: June 16, 2009
23
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. Article 4 (§§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia, and the
Commonwealth shall be required to prove its case beyond a reasonable doubt.
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 Ccommonwealth, agency of
another state, or a licensed federal dealer having its principal place of business located within the
Ccommonwealth; (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. placed for adoption
with any person who will pay the required license fee, if any, on such animal.
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. person adjudged unable to adequately provide for the animal or adjudged
an unfit person to own the animal be allowed to purchase, adopt, or otherwise obtain the animal at the sale.
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. In making a determination as to whether the owner is able to adequately provide for the
animal or is a fit person to own the animal, the court may take into consideration the owner's past record of
convictions under this section or other laws prohibiting cruelty to animals or pertaining to the care or treatment
of animals and 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.I. 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.
Draft: June 16, 2009
24
KJ. 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.
**Amended to mirror Code of Virginia language.
(Ord. 98-A(1), 8-5-98, § 4-208; Ord. 09-4(1), 7-8-09)
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. **New section per Code of Virginia; language mirrors Code
of Virginia.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6565.
Sec. 4-302 204 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 4-203 201, and a warrant or summons is
issued by a magistrate of the county, as set out in section 4-203 201, 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. Conviction of a
violation of this section shall be deemed a misdemeanor offense and shall be punishable as provided by section
1-116. 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 4-300205 and 4-303208, respectively. If the court
finds such dog is not a livestock killer or has not committed any of the depredations mentioned in section 4-
203201, 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 4-205303. **No changes except for Code references and deleting reference of class 4 misdemeanor
as it is already set forth in section 4-101(B).
(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. 4-303 205 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 the S.P.C.A. 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.
Draft: June 16, 2009
25
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, tThe animal control officer or other officer
may also deliver such dog to any person in the county who will pay the required license fee on such dog, with
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 3.1-796.96 shall have been complied with.
CB. 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. **Amended to
mirror Code of Virginia language.
(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 3.1-796.119.
ARTICLE V IV. RABIES CONTROL
State law reference--Authority of county to adopt measures to prevent rabies, see Va. Code §§ 3.2-6521; 3.2-6522; 3.2-6523; 3.2-
6525 3.1-796.100; as to control of rabies generally, see Va. Code §§ 32.1-48.l to 32.1-48.4.
Sec. 4-400 500 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.
A. No dog or cat four months of age or older shall be permitted within the county, unless such
dog or cat shall have been vaccinated or immunized against rabies within a period of thirty-six (36) months
with a rabies vaccine approved by the state department of health.
B. It shall be unlawful for any person to own, keep or harbor any dog or cat over four months old
within the county, unless such dog or cat shall have been vaccinated or inoculated against rabies within a
period of thirty-six (36) months with a rabies vaccine approved by the state department of health. **Amended
to mirror Code of Virginia language.
(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.
Sec. 4- 502 Confinement of animals suspected of having rabies or of being in close proximity to animals
having rabies.
The health officer for the county is empowered to order the owner or person responsible for any
animal suspected of having rabies or of having been in close proximity of a rabid animal to confine such
animal under competent observation at the expense of the owner for a period reasonably necessary to
determine whether the animal is actually infected with rabies.
Draft: June 16, 2009
26
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 system tissue, in a fresh open wound or
mucous membrane with proof of a valid rabies vaccination, shall be revaccinated immediately following the
bite and shall be confined to the premises of the owner, or other site as may be approved by the
Charlottesville/Albemarle Health Department, for a period of forty-five (45) days.
Sec. 4-503 Confinement of animals which have bitten persons.
At the discretion of the health officer for the county director of the Charlottesville/Albemarle Health
Department, any animal which that has bitten a person shall be confined at the expense of the owner 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.**New section and mirrors Code of Virginia language, except for the addition of the 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. 4-402 210 Harboring or concealing taxed or rabid animals mad dogs.
It shall be unlawful for any person to conceal or harbor any dog on which the required license tax has
not been paid, or to conceal a rabid animal mad dog to keep the same from being killed. **Change mad dog to
rabid animals.
(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 § 3.2-6587Similar provisions, Va. Code §§ 3.1-796.128(7) and (9).
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.
**New section and mirrors Code of Virginia language.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code §3.2-6523.
Draft: June 16, 2009
27
Sec. 4-404 501 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. **No changes.
(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. 4-405 504 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. **No changes.
(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--Authority of county to adopt measures to prevent rabies, see Va. Code §§ 3.2-6525; 3.1-796.100;
as to control of rabies generally, see Va. Code §§ 32.1-48.l to 32.1-48.4.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Animal Noise Ordinance Update
SUBJECT/PR OPOSAL/REQUEST:
Report on barking dog c omplaints since adoption
of animal noise ordinance.
STAFF CON TA CT(S):
Messrs: Tucker, Elliott, D avis, Miller, Allen, and
Mainzer
LEGAL R EVIEW: Yes
AGENDA D ATE:
June 3, 2009
AC TION: INFOR MA TION:
CONSEN T AGEN DA:
ACTION: INFOR MA TION: X
ATTACHMENTS: No
REVIEWED BY:
BACK GROUND :
On June 11, 2008, the Board amended Chapter 4, Animals and Fowl, of the County Code by adding Article VI,
Animal Noise. At that time, the Board requested that staff provide a tw elve month report on the impact of the
ordinanc e.
STRA TEGIC PLAN:
Goal 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal 2. Effectively Manage the County ’s Grow th and D evelopment.
DISCU SSION :
Between June 11, 2008 and April 30, 2009, fortyseven (47) barking dog noise complaints were reported to the
Police Department. Of these complaints, sixteen (16) were reported in 2008 w hile thirty one (31) have been
submitted thusfar in 2009. The number of barking dog c omplaints receiv ed in 2007 totaled seventyone (71) and
in 2006 fiftyfour (54) were filed.
Since adoption of this ordinance, four w ritten Incident Based R eports have been completed. The majority of
citizen c omplaints are resolved by Animal Control Officers (ACOs) providing information to citizens on the
provisions of the animal noise ordinance. Most are handled by phone as an information call for service. Very
few citiz en complaints have required an onsite visit by an ACO or Police Officer. An updated brochure titled
“Do You Have a Barking D og Problem?” (Attachment A) was prepared after the adoption of the animal noise
ordinanc e. This brochure is regularly provided to citiz ens by ACOs.
Two cases have been adjudicated through the Albemarle C ounty General D istrict Court in the past 12 months.
One of these cases was an officer initiated arrest in whic h a summons was issued to a dog owner for a violation
observed by the officer. This involved a dog that was barking excessiv ely in a park ed and unattended vehicle in
an apartment community . The dog ow ner subsequently pleaded guilty and paid a $30.00 fine plus $71.00 in
court c osts. The second c ase involv ed a private citizen who obtained a summons from the magistrate. This
case was s uccessfully diverted to mediation by the General D istrict Court.
According to the ACOs , most citizens are aware that there is an animal noise ordinanc e that address es barking
dogs; however, are generally not familiar with the provisions of the ordinance. Some complainants are unw illing
to go through the required steps and are also unwilling to obtain a summons, even with assistance from an
ACO. There has also been some frus tration express ed by complainants in regard to the five acre ex clusion for
property z oned R ural Areas where bark ing dog owners are keeping their dogs on or near the property line of the
complainant, but because the dog is located on more than five acres of property in the Rural Areas, the noise is
exempt under the ordinance.
BUDGET IMPACT:
There has been no signific ant increase in the workload of the Animal C ontrol Officers or Police Offic ers since
adoption of the animal nois e ordinance.
RECOMMENDA TION S:
Staff supports the continuation of an animal noise ordinance. However, staff recommends that the Board evaluate
the five ac re Rural Areas exemption during the update of Chapter 4, Animals and Fowl.
ATTAC HMENTS:
A – “Do You Have a Barking D og Problem?” Brochure
Ret urn t o ex ec summary