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1994 SESSION
LD5760428Be it enacted by the General Assembly of Virginia:
1. That §§ 3.1-796.108 and 3.1-796.115 of the Code of Virginia are amended and reenacted as follows:
§ 3.1-796.108. Impoundment; expenses; lien; disposition of animal.
When an approved humane investigator, any law-enforcement official, or
animal warden or licensed veterinarian finds that an
apparent violation of this chapter has rendered an animal in such a condition
as to constitute a direct and immediate threat to its life, safety or health
which the owner or custodian has failed or refuses to remedy, such approved
humane investigator, animal warden, or law-enforcement official
or licensed veterinarian may impound the animal pursuant to §
3.1-796.115 in a facility which will provide the elements of good care as set
forth in § 3.1-796.68 and shall then proceed to take such steps as are
required to dispose of the animal pursuant to § 3.1-796.115.
§ 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, or animal warden as defined in § 3.1-796.66,
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. 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, or animal warden, 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, or animal warden 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,
or animal warden, may 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.
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 companion
animals by the owner of any companion animal found to have
been abandoned, cruelly treated, or deprived of adequate care. In making a
determination to prohibit the possession or ownership of companion
animals, 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. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating §§ 3.1-796.73 or 3.1-796.122. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition.
I. Any person who is prohibited from owning or possessing animals pursuant to subsections G or H may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.
J. 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.
K. 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.
L. The provisions of this section which address whether an animal has been provided with or deprived of adequate care shall apply only with respect to companion animals.