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2019 SESSION

19102933D
SENATE BILL NO. 1367
Offered January 9, 2019
Prefiled January 8, 2019
A BILL to amend and reenact § 3.2-6538 of the Code of Virginia, relating to dogs running at large in packs; local ordinance.
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Patrons-- Norment and Mason; Delegates: Mullin and Pogge
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That § 3.2-6538 of the Code of Virginia is amended and reenacted as follows:

§ 3.2-6538. Governing body of any locality may prohibit dogs from running at large.

The governing body of any A. Any locality may by ordinance prohibit the running at large of all or any category of dogs in all or any designated portion of such locality during such months as they it may designate. Governing bodies Any such locality may also require that dogs be confined, restricted, or penned up during such periods. For the purpose of this section, a dog shall be deemed to run 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. Any person who permits his dog to run at large, or remain unconfined, unrestricted, or not penned up shall be deemed to have violated an ordinance adopted pursuant to the provisions of this section subsection.

B. Any locality may by ordinance prohibit the running at large of dogs in packs. For the purpose of such ordinance, a dog shall be deemed to be running at large in a pack if it is running at large in the company of one or more other dogs that are also running at large, irrespective of the ownership of such other dogs. Such ordinance shall include an exemption for any dog running at large in a pack while engaged with its owner or custodian in (i) lawful hunting or (ii) a lawful, organized dog-handling event. Such ordinance shall provide that the owner or custodian of any dog found running at large in a pack shall be subject to a civil penalty in an amount established by the locality not to exceed $100 per dog so found. Any civil penalty collected pursuant to such ordinance shall be deposited by the treasurer of the locality pursuant to the provisions of § 3.2-6534.