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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD0118428
Be it enacted by the General Assembly of Virginia:
1. That § 3.1-796.115 of the Code of Virginia is amended and reenacted as follows:
§ 3.1-796.115. Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale.
A. Any humane investigator, or any
law-enforcement official, animal warden as defined in §
3.1-796.66, or licensed veterinarian may lawfully take
charge of seize and impound any animal found abandoned,
neglected, or that has been abandoned, has been cruelly
treated, or unfit for use, and is suffering from
an apparent violation of this chapter that has rendered the animal in such a
condition as to constitute a direct and immediate threat to its life, safety
or health which the owner has failed or refused to remedy. Upon seizing or
impounding the animal, such person shall petition any
the general district court in the city or county, wherein
the animal is found, seized for a hearing which
shall be in the nature of a criminal proceeding. The hearing shall
be set not more than ten business days from the date of
the seizure of the animal. The hearing shall be to determine
whether the owner, if known, is able to adequately provide
for the animal and is a fit person to own the animal has been
abandoned, has been cruelly treated, or has not been provided adequate
care.
B. The humane investigator, or law-enforcement
official, animal warden, or licensed veterinarian shall
cause to be served upon the owner, if person with a right of
property in the animal or the custodian of the animal notice of the hearing.
If such person or the custodian is known and residing within the
jurisdiction wherein the animal is found seized,
written notice shall be given at least five days prior to the
hearing of the time and place of the hearing. If the owner
such person or the custodian is known but residing out of
the jurisdiction where such animal is found seized,
written notice by any method or service of process as is provided by the Code
of Virginia, shall be given. If the owner such person or the
custodian is not known, the humane investigator, law-enforcement
official, animal warden, or licensed veterinarian shall cause to be
published in a newspaper of general circulation in the jurisdiction wherein
such animal is found seized notice of the hearing at
least one time prior to the hearing and shall further cause notice of the
hearing to be posted at least five days prior to the hearing at the place
provided for public notices at the city hall or courthouse wherein such
hearing shall be held.
C. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.
D. The humane investigator, or law-enforcement
official, animal warden, may or licensed veterinarian
shall provide for such animal until the owner is adjudged by the
court able to adequately provide for such animal and a fit person to own the
animal, in which case court has concluded the hearing. If the
court determines that the animal has been neither abandoned, cruelly treated,
nor deprived of adequate care, the animal shall be returned to the
owner. If the owner is adjudged by the court unable to
adequately provide for the animal or not a fit person to own the
animal determines that the animal has been abandoned, cruelly
treated, or deprived of adequate care, then the court shall order that
the animal be: (i) sold by a local governing body; (ii) humanely destroyed,
or disposed of by sale or gift to a federal agency, state supported
institution, agency of the Commonwealth, agency of another state, or a
licensed federal dealer having its principal place of business located within
the Commonwealth; or (iii) delivered to any local humane
society, or shelter, or to any person who is a resident
of the county or city where the animal is found seized or an
adjacent county or city in the Commonwealth and who will pay the
required license fee, if any, on such animal, or (iv) delivered to the
person with a right of property in the animal as provided in subsection
E.
E. In no case shall the person adjudged unable to
adequately provide for the animal or adjudged an unfit person to own the
animal owner be allowed to purchase, adopt, or
otherwise obtain the animal at the sale if the court
determines that the animal has been abandoned, cruelly treated, or deprived
of adequate care; however, the court shall direct that the animal be
delivered to the person with a right of property in the animal, upon his
request, if the court finds that the abandonment, cruel treatment, or
deprivation of adequate care is not attributable to the actions or inactions
of such person.
F. The court may shall order
any the owner adjudged unable to adequately
provide for his animal or not a fit person to own the animal of
any animal determined to have been abandoned, cruelly treated, or deprived of
adequate care to pay all reasonable expenses incurred in caring and
providing for such animal from the time the animal is seized until such time
that the animal is disposed of in accordance with the provisions of this
section, to the provider of such care. An order of the court directing
the owner to pay to the provider such expenses shall constitute a judgment
for the recovery of such sum in favor of the provider. If the owner fails to
pay the judgment, the provider may transmit a true copy of the final order
awarding the judgment to the clerk of circuit court of any county or city,
wherein it is ascertained that the owner owing the judgment has any estate,
and the clerk to whom such copy is so sent shall record and index it.
Thereupon, there shall be a lien in favor of the provider on the
property of the owner within such county or city in the amount of the
judgment, and the lien of such judgment may be enforced in equity before any
court having jurisdiction.
G. The court in determining whether the owner is able to
adequately provide for the animal or is a fit person to own the animal
may prohibit the possession or ownership of other animals by the owner
of any animal found to have been abandoned, cruelly
treated, or deprived of adequate care. In making such a determination, the
court may take into consideration among other things the
owner's past record of convictions under this chapter or one similar
thereto or other laws prohibiting cruelty to animals or
pertaining to the care or treatment of animals and the owner's mental
and physical condition.
H. In case of When a sale
occurs, the proceeds shall first be applied to the costs of the sale
then next to the previously unreimbursed expenses for the care and
provision of the animal, and the remaining proceeds, if any, shall be paid
over to the owner of the animal. If the owner of the animal cannot be found,
the proceeds remaining shall be paid into the Literary Fund of the state
treasury.
I. Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law-enforcement official, animal warden, or licensed veterinarian.