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2017 SESSION
16100394DBe it enacted by the General Assembly of Virginia:
1. That § 3.2-6548 of the Code of Virginia is amended and reenacted as follows:
§ 3.2-6548. Private animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief; report.
A. A private animal shelter may confine and dispose of animals in accordance with the provisions of subsections B through G of § 3.2-6546.
B. Each private animal shelter shall obtain a signed statement from each of its directors, operators, staff, and animal caregivers specifying that the individual has never been convicted of animal cruelty, neglect, or abandonment, and each shelter shall update such statement as changes occur.
C. The State Veterinarian or his representative shall inspect a private animal shelter prior to the shelter confining or disposing of animals pursuant to this section. The shelter shall meet the requirements of all laws with regard to confinement and disposition of animals before the shelter is approved to receive animals and provide a reasonable and comfortable climate appropriate for the age, species, condition, size, and type of animal.
D. A private animal shelter that confines an animal that has not been received from its owner shall, pursuant to this section, transmit a description of the animal including at least species, color, breed, size, sex, and other identification or markings and where the animal was found, and its contact information, including its name, address, and telephone number, to the public animal shelter in the county or city where the animal was found within 48 hours of the shelter receiving the animal. A shelter that confines and disposes of animals pursuant to this subsection shall be accessible to the public at reasonable hours, shall have its telephone number and address listed in a telephone directory, and shall post its contact information, including at least its name, address, and telephone number, in the public animal shelter in the locality where the shelter is located.
E. For purposes of recordkeeping, release of an animal by a private shelter to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
F. No private animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and the shelter shall update the statement as changes occur. The shelter shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the shelter has an affiliation with the foster care provider.
G. A private animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-6503.
H. If a private animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.
I. A private animal shelter that euthanizes animals shall submit to the State Veterinarian by January 31 of each year a report listing the animals euthanized during the prior calendar year. For each animal listed, the report shall provide an identification, if the animal can be identified; the dates of initial confinement, holding, and euthanasia; a description of the efforts made to notify the owner, if the owner can be readily identified; a description of the efforts, if any, made to dispose of the animal by any of the nonlethal means provided in § 3.2-6546; and the basis for the shelter's decision to euthanize the animal.
J. No private animal shelter shall be operated in violation of any local zoning ordinance.
J. K. A private animal shelter
that confines and disposes of animals pursuant to this section shall be
operated in accordance with this chapter. If this chapter is violated, the
shelter may be assessed a civil penalty by the Board or its designee in an
amount that does not exceed $1,000 per violation. Each day of the violation is
a separate offense. In determining the amount of any civil penalty, the Board
or its designee shall consider: (i) the
history of previous violations at the shelter;, (ii) whether the violation
has caused injury to, or the death or suffering of, an animal;, and (iii) the demonstrated
good faith of the shelter to achieve compliance after notification of the
violation. All civil penalties assessed under this section shall be recovered
in a civil action brought by the Attorney General in the name of the
Commonwealth. Such civil penalties shall be paid into a special fund in the
state treasury to the credit of the Department to be used in carrying out the
purposes of this chapter.
K. L. If this chapter or any laws
governing private animal shelters are violated, the Commissioner may bring an
action to enjoin the violation or threatened violation of this chapter or the
regulations pursuant thereto regarding private animal shelters, in the circuit
court where the shelter is located. The Commissioner may request the Attorney
General to bring such an action, when appropriate.