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 Warden Health Department Section 4.24

Leesburg Code

Chapter 4

ANIMALS AND FOWL*

Art. I. General, §§ 4-1 4-6 Art. II. Control of 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 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 or that is trained and serves as a 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. If a dog or cat has been vaccinated between three to 12 months of age, a revaccination one year after the date of the original vaccination is required. The certificate shall show the date of inoculation, type of vaccine used (whether modified live virus or killed virus), the sex and breed of the dog or domestic cat, whether or not the dog has been neutered or sterilized and the name of the owner. No certificate or affidavit other than the above-described certificate or a duplicate issued by a licensed veterinarian shall be accepted by the treasurer. The proper application for and issuance of licenses shall be in accordance with any rules or procedures adopted by the county. (Ord. No. 78-0-2, § 1, 1-11-78; Ord No. 83-0-7, § 2, 2-9-83)

Sec. 4-14. What dog licenses shall consist of.

A dog license shall consist of a license receipt and a metal tag in the style and design adopted by the Virginia Commission of Game and inland Fisheries. The tag shall be stamped or otherwise permanently marked to show the name of the county, sex of the dog, the calendar year for which issued and the serial number. 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 licensed dog, except that a license tag issued for a boarding kennel shall not have such metal identification plate attached. (Ord. No.78-0-2, § 1, 1-11-78)

Sec. 4-15. Duplicate license tags.

If the dog license shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the treasurer who issued the same for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer that the original license has been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be $1.00. (Ord. No, 78-0-2, § 1, 1-11-78)

Sec. 4-16. Displaying receipts; dogs to be tagged.

Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any dog warden or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog, and it shall be unlawful for the owner to permit any licensed dog six months old or over to run or roam at large at any time without a license tag: except that when engaged in lawful hunting, in the open season and accompanied by the owner or custodian, the collar and tag may be temporarily removed. The owner of the dog may remove the collar and license tag required by this section:

(1) When the dog is engaged in lawful hunting;

(2) When the dog is competing in a ;

(3) When the dog has a which would be exacerbated by the wearing of a collar;

(4) When the dog is confined; or

(5) When the dog is under the immediate control of its owner. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 4-17 Regulating kennel dogs.

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; provided, however, that this requirement shall not apply to dogs being temporarily boarded in a kennel, and not personally owned by the owner or operator of the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any dog warden 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 town of the license tax applying to dogs which cannot be legally covered thereunder of to in any manner violate other provisions of this article. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 418. Licensed dogs deemed personal property.

All dogs shall be deemed personal property and may be subject of larceny and malicious or unlawful trespass; and the owners thereof may maintain any action for the killing of any such dogs, at injury thereto, or unlawful detention or use thereof as in the case of other personal property. It shall be unlawful for any person except the owner or his authorized agent to administer poison to any such dog or to expose poison where it may be taken by any such dog, or to injure disfigure, disable or kill any dog except as otherwise provided in this article. The owner of any dog which is injured or killed contrary to the provisions of this article by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. A dog warden or other 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 or other court. If no such action is instituted within five days, the dog warden or other 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, and the dog warden may take such dog in charge and notify its legal owner to claim him. The legal owner of the dog shall pay a reasonable charge to the county for the keep of such dog while in the possession of the dog warden Ord. No 78-0-2, § 1, 1-11-78)

Sec. 4-19. Running at large.

A dog's owner or custodian shall not permit it to run at large, roam or self-hunt in the town off the property of the owner or custodian while not under leash control. Any person who owns a dog which runs at large or remains unconfined, unrestricted or not penned up and off the property of the owner or custodian, shall be deemed in violation of this section. Whoever violates or fails to comply with any of the provisions of this section is guilty of a Class 4 misdemeanor and shall be fined not more than $100.00 for each offense. (Ord. No. 78 0-2, § l, 1-11 78, Ord. No 83-0-15, § 1, 5-11-83; Ord. No. 87-0-12, § 1, 3-25-87)

Sec. 4-20. Dogs killing or injuring sheep or other livestock.

It shall be the duty of any dog warden or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not, and any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight. The general district court, or any other court of jurisdiction, shall have the power to order the dog warden or other officer to kill any dog known to be a confirmed poultry or livestock killer. Any dog killing fowl or livestock for the third time shall be considered a confirmed livestock or poultry killer. Any dog warden or other person who has reason to believe that any dog is killing livestock or committing any of the depredations mentioned m this section shall apply to a magistrate, who shall issue a warrant requiring the owner or custodian, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard; and if it shall appear that such a dog is a livestock or poultry killer, or has committed any of the depredations mentioned in this section, the dog shall be ordered killed immediately, which the dog warden or other office designated by the judge of the general district court to act, shall do. (Ord. No. 78-0 2. § 1, 1 11-78)

Sec. 4-21. 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 from the county as compensation the fair market value of such livestock or poultry, provided that:

(1) The dog warden or other officer shall have been notified of the incident within 72 hours of its discovery;

(2) The claimant has furnished evidence within 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; and

(3) That the dog warden has conducted an investigation and that his investigation supports the claim.

If there are not sufficient moneys in the dog fund to pay these claims, they shall be paid in the order they are received when moneys become available. Upon payment under this section, the county shall be subrogated to the right of action of the owner of the livestock or poultry against the owner of the dog, to the extent of compensation paid, and may enforce the same in an appropriate action at law. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 4-22. Confinement and disposition of stray dogs.

It shall be the duty of the dog warden finding any do running at large to deliver such dog to a county dog pound. Any such dog so confined shall be kept for a period of not less than five days, unless sooner claimed by the owner thereof, who in order to have the dog delivered to him shall pay all costs, and the license fee on such dog, if not already paid. After five days, such dog may be humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, licensed federal dealer, or by delivery to any local humane society, shelter, or to any resident of the county who will pay the required license fee, if any, on the dog. Such delivery shall be 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 the amount of the license fee paid by him and a reasonable charge for the keep of the dog while in his possession. Nothing contained herein shall prohibit the destruction of a critically injured or critically ill dog for humane purposes. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 4-23.

Disposal of dead dogs.

The owner of any dog which has died from disease or other cause shell forthwith cremate or bury the same. If the owner fails to do so, after notice, the dog warden or other officer shall cremate or bury the dog and shall recover on behalf of the county from the owner its cost for this service. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 4-24. Vaccination required; rabid dogs and animals.

(a) The owner thereof shall cause any dog or domesticated cat over three months of age within the town to have a current rabies vaccination.

(b) it shall be the duty of the person having knowledge of the existence of an animal apparently afflicted with rabies to report immediately to the health department the existence of such animal, the place where the animal was seen, the owner's name, if known, and the symptoms suggesting rabies.

(c) Any domesticated dog or cat bitten by or exposed to an animal that is laboratory confirmed as having had rabies, Or believed to be afflicted with rabies is to be destroyed immediately or confined in a kennel or enclosure approved by the health department for a period not to exceed six months at the expense of the owner. If the domesticated dog or cat is destroyed, the brain must be tested for rabies under direction of the health department. If the exposed dog or cat has a current rabies vaccination, the dog or cat shall be revaccinated and confined to the premises of the owner, or otherwise on a leash under direct human control for a period of 90 days.

(d) At the discretion of the director of the health department, any animal which has bitten a person shall be confined under competent observation for ten days, unless the animal develops active symptoms of rabies or expires before that time, provided that a seriously injured or sick animal may be humanely euthanized and its head sent to the health department for evaluation.

(e) The director of the health department shall provide: treatment to any person bitten by a rabid animal within the town (Ord. No. 78-0-2, § 1, 1 11-78; Ord. No. 83-0-7. § 3, 2-9-83.)

Sec. 4-25. Other unlawful acts.

(a) The following shall be unlawful acts. Any person convicted by the general district court of violating the provisions of this section may be fined not more than $100.00 and each day's violation shall constitute a separate offense.

(1) License application. For any person to make a false statement in order to secure a dog license to which he is not entitled.

(2) License tax For any dog owner to fail to pay the license tax required by this chapter before February first for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog.

(3) Diseased dogs. For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner.

(4) Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog.

(5) Concealing a dog. For any person to conceal or harbor any dog on which the license tax has not been paid, or to conceal a mad dog to keep the same from being killed.

(6) Dog noise For any person to own, possess or harbor any dog of any age which frequently or for continued duration howls, barks or makes other sounds which annoy or disturb a reasonable person of normal sensitivities across a residential real property boundary or through a partition common to two persons within a building.

(7) Dog odor. For any person who owns, possesses or harbors a dog to maintain such dog in a manner which causes odor offensive to a reasonable person of normal sensitivities across a real property boundary or through a partition common to two persons within a building.

(8) Disposition of complaints. Complaints of violations of section 4-25(6) or 4-25(7) shall be referred to the town police department for action. If, after notification by the police department any person owning, possessing or harboring a dog which is the source of such complaint fails to correct the condition complained of within a reasonable period of time, a summons shall be issued to such person.

(9) Other violations. Any other violation of this article for which specific penalty is not provided.

(b) Any person convicted by the general district court of presenting a false claim or receiving any money on a false claim under section 4-21 of this article may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 12 months, or by both such fine and imprisonment. (Ord. No. 78-0-2, § 1, 1-11-78)

Sec. 4-26. Distribution of fines.

All fines collected from any person for violating any provisions of this article except sections 4-25(6) and 4-25(7), upon conviction thereof, shall be credited to the general fund of the County of Loudoun and deposited by the treasurer. (Ord. No. 78-0-2, § 1, 1-11-78)