Animal Ordinance Leesburg (Town), Virginia
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Animal Ordinance Leesburg (town), Virginia LARRY D. YATES, R.E.H.S., CHIEF DIVISION OF ENVIRONMENTAL HEALTH LOUDOUN COUNTY HEALTH DEPARTMENT VIRGINIA DEPARTMENT OF HEALTH 1 HARRISON STREET, S E. LOCAL (703) 777-0234 2ND FLOOR Metro 478-8408 P.O. Box 7000 Voicemail: (703) 771-5135 Leesburg, VA 20177 E-mail [email protected] Town of Leesburg Code Dog Warden Health Department Section 4.24 Leesburg Code Chapter 4 ANIMALS AND FOWL* Art. I. General, §§ 4-1 4-6 Art. II. Control of Dogs and Domestic Cats, §§ 4-7 4 26 ARTICLE I. IN GENERAL See 4-1. Raising or keeping hogs prohibited. It shall be unlawful for any person to raise or keep any hog within the town. (Code 1963, § 3-l; Ord. No. 78-0-2, § 1, 1-11-78) State law reference Authority of municipal corporation to prohibit keeping of animals, Code of Virginia, 15-1-870. Sec. 4-2. Confinement of livestock. The owner or custodian of any livestock shall keep such livestock confined to his own premises, by the erection of a suitable fence, so designed and maintained that such livestock will not have access to any adjacent property. (Code 1963, § 3-3; Ord. No. 78-0-2, § 1, 1-11-78) State law reference Authority to prohibit running at large of animals, Code of Virginia, § 15.1-870. See 4-3 Confinement of fowl. The owner or custodian of any fowl shall keep such fowl confined to his own premises. (Code 1963, § 3-2; Ord. No. 78-0-2, § 1, 1-11-78) State law reference Authority to prohibit running at large of fowl, Code of Virginia, § 15.1-870. *Cross reference: Applicability of traffic regulations to persons riding or driving animals, § 10-5. Sec. 4-4. Riding, leading or driving horses or mules on sidewalks. It shall be unlawful for any person to ride, lead or drive any horse, mule or pony on any sidewalk of the town. (Code 1963, § 3-4; Oral. No. 78-0-2, § 1, 1-11-78) Cross reference—Sidewalks generally, Ch 16. Sec. 4-5. Killing, slaughtering, etc., animals. It shall be unlawful for any person to kill, butcher, slaughter or dress any ox, beef, cow, hog, calf or sheep within the town. (Code 1963, § 15-46; Ord. No. 78-0-2, § 1, 1-11-78) Sec. 4-6. Unlawful display, handling, etc., of snakes. (a) It shall be unlawful for any person to display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not less than $50.00 nor more than $150.00, or by confinement in jail not exceeding six months, or by both such fine and confinement. (Co is 1963, § 15-46; Ord. No. 78-0-2, § 1. 1-11-78) State law reference Similar provisions, Code of Virginia, § 18.1-72. ARTICLE II. CONTROL OF DOGS AND DOMESTIC CATS Sec. 4-7. Definitions generally. For the purpose of this article, unless otherwise required by the context, the following words and phrases have the meanings indicated in this section: (1) Livestock includes cattle, sheep, horses, goats, swine and enclosed domesticated rabbits or hares. (2) Poultry includes all domestic fowl and game birds raised in captivity (3) Owner includes any person having a right of property in a dog; any person who keeps or harbors a dog or has it in his care, or who acts as its custodian; and any person who permits a dog to remain on or about any premises occupied by him. (4) Kennel means an enclosure wherein dogs are kept and from which they cannot escape designated for that purpose. (5) Dog warden means any dog warden and his assistants appointed under this article and in accordance with section 29-213.8 of the Code of Virginia (1950) as amended. (6) Other officer includes sworn officers of the town police department. (7) Treasurer includes the treasurer of this county, his lawfully designated agent or other officer designated by law to collect taxes for the county. (8) Current rabies vaccination means that a dog or domestic cat has received a rabies immunization not less than 30 days prior to the bite incident or is protected by a previous rabies immunization, and if the rabies vaccine has been administered within the period of time for which the specific vaccine was intended by the manufacturer and licensed by the United States Department of Agriculture to provide protection. Any dog or domestic cat which receives its first vaccination between three and 12 months of age is required to be vaccinated one year after the date of the first vaccination irrespective of the type of vaccine used. (9) Domestic Cat is defined as a cat that is owned, in the possession of or being regularly fed or sheltered by a resident of the town. (Ord. No. 78-0-2. § 1,1-11-78; Ord. No. 83-0-7, § 1,2-9-83) Sec. 4-8. Authority for dog warden, In accordance with section 29-213.8 of the Code of Virginia (1950), as amended, there is hereby created the position of dog warden and provisions made for the licensing and regulation of dogs in this town The dog warden for the town shall be the dog warden appointed by the county, The duties of the dog warden shall be those provided for in section 29-213.8 of the State Code and such other duties as may be authorized and regularly performed by the dog warden in the county. (Ord. No. 78-0-2, § 1, 1-11-78) Sec. 4-9. Amount of licenses. It shall be unlawful for any person to own a dog six months old or over in the town unless such dog is licensed, as required by the provisions of this ordinance. Dog licenses shall run by the calendar; namely, from January first to December thirty-first, inclusive, and the license tax shall be payable at the office of the treasurer and the license fee amounts shall be as follows: Infertile males or females $ 3.00 Fertile males or females $10.00 Kennel, Up to and including 20 dogs $25.00 Kennel, up to and including 50 cogs $35.00 Provided, however, that no fee for a license shall be levied on any dog that is trained and serves as a guide dog or that is trained and serves as a police dog for any public law enforcement agency. (Ord. No. 78-0-2, § 1, 1-11-78; Ord. No. 78-0-28, § 1, 9-13 78; Ord. No. 83 0-1, § 1, 1-12-83) Sec. 4-10, When license tax payable. The license tax on dogs shall be due and payable as follows: (1) On or before January first and not later than January thirty-first of each year, the owner of any dog six months old or older shall pay a license tax as prescribed in section 4-9. (2) If a dog shall become six months of ago or if a dog over six months of age unlicensed by this town shall come into the possession of any person in this town between January first and November first of any year, the license tax for the current calendar year shall be paid forthwith by the owner. (3) If a dog shall become six months of age or if a dog over six months of age unlicensed by this town shall come into the possession of any person in this town between October thirty-first and December thirty-first of 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. (Ord. No. 78-0-2, § 1, 1-11-78) Sec. 4-11. 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 do so within the time required shall not operate to relieve such owner from the penalties provided. (Ord. No. 78-0-2, § 1, 1-11-78) Sec. 4-12. Effect of a dog not wearing collar 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 proceedings under this article the burden of proof of the fact that the dog has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog. (Ord. No. 78-0-2, § 1, 1-11-78) Sec. 4-13. How to obtain license. Any town resident may obtain a dog license by making oral or written application to the treasurer, accompanied by the amount of the license tax and certificate of rabies vaccination. Such -certificate of vaccination or inoculation shall be signed by a licensed veterinarian certifying that the dog for which the license is to be issued or the domestic cat for which no license is required, has been vaccinated or inoculated after one year of age by such veterinarian within a period of 36 months with a modified live virus (Flury Strain) rabies vaccine or vaccinated within the period of time for which a specific vaccine was intended by the manufacturer and licensed by the United States Department of Agriculture.