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2008 SESSION

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089852420
HOUSE BILL NO. 1486 Offered January 17, 2008 A BILL to amend and reenact § 3.1-796.84 of the Code of Virginia, relating to dealer permits. ---------- Patron-- Athey ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 3.1-796.84 of the Code of Virginia is amended and reenacted as follows:

§ 3.1-796.84. Local ordinances; penalties.

The governing body of any county, city or town  Any locality may, by local ordinance, require a person operating a pet shop or operating as a dealer in  dealers in companion animals to obtain a permit. Such local governing body may charge no more than $50 $150 per year for such permit. The revenues derived therefrom shall be used for the administration and enforcement of such ordinance. However, any locality (i) using proceeds from local real estate taxes to fund animal control expenses or (ii) having releasing agencies that euthanize, directly or by agreement, companion animals that are neither critically ill nor exhibiting behavior that poses a risk to their caretakers shall by ordinance require dealers to obtain a permit.

The aforementioned local ordinance may provide: (i) that records be kept by the permittees as are deemed necessary; (ii) for public hearing prior to issuance, renewal or revocation of any such permit; or (iii) for the denial of issuance, denial of renewal or for the revocation of such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee.

The local ordinance may provide for either a criminal penalty not to exceed a Class 3 misdemeanor or a civil penalty not to exceed $500 for any violation of the ordinance. Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.1-796.101.