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1995 SESSION

LD8386661
SENATE BILL NO. 691
Offered January 11, 1995
A BILL to amend and reenact §§ 3.1-796.94, 3.1-796.96 and 3.1-796.129 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 3.1-796.93:2 and to repeal §§ 15.1-28.5, 15.1-28.5:1, 15.1-29.1:1, 15.1-517, 15.1-517.1 and 15.1-870 of the Code of Virginia, relating to animal laws; penalty.
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Patrons--Reasor and Gartlan; Delegates: Cohen and Murphy
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Referred to the Committee on Local Government
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Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-796.94, 3.1-796.96 and 3.1-796.129 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 3.1-796.93:2 as follows:

§ 3.1-796.93:2. Regulation of keeping animals and poultry.

Any county, city or town, whenever its governing body determines it necessary for the preservation of public health, may by ordinance (i) regulate the keeping of animals and poultry, other than dogs and cats, within a certain distance of residences or other buildings or wells, springs, streams, creeks, or brooks, and provide that all or certain of such animals and poultry shall not be kept within certain areas; and (ii) regulate or prohibit by ordinance the running at large of animals and poultry, except dogs, which are provided for in § 3.1-796.93, and provide for impounding and confiscating any such animal and poultry found at large or kept in violation of such ordinance.

§ 3.1-796.94. Governing body of county, city, or town may adopt certain ordinances.

A. The governing bodies of counties, cities, and towns of the Commonwealth are hereby authorized to adopt, in their discretion, ordinances which parallel §§ 3.1-796.84 through 3.1-796.93, 3.1-796.95 through 3.1-796.104, 3.1-796.115 through 3.1-796.119, 3.1-796.121, 3.1-796.122, 3.1-796.126:1 through 3.1-796.126:7, and 3.1-796.127 through 3.1-796.129 of this chapter, recognizing that some of the referenced sections are direct delegations of authority to counties, cities and towns.

Any funds collected pursuant to the enforcement of ordinances adopted pursuant to the provisions of this section may be used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of cats and dogs.

Nothing in this section shall be construed so as to prevent or restrict any local governing body from adopting local animal control ordinances which are more stringent than §§ 3.1-796.84 through 3.1-796.93, 3.1-796.95 through 3.1-796.104, 3.1-796.115 through 3.1-796.119, 3.1-796.121, 3.1-796.122, 3.1-796.126:1 through 3.1-796.126:7, and 3.1-796.127 through 3.1-796.129 of this chapter.

B. The governing bodies of counties, cities or towns of the Commonwealth are hereby authorized to adopt, in their discretion, ordinances establishing uniform schedules of civil penalties for violations of specific provisions of ordinances adopted pursuant to this section. Designation of a particular violation for a civil penalty shall be in lieu of criminal sanctions and preclude prosecution of such violation as a criminal misdemeanor. The schedule for civil penalties shall be uniform for each type of specified violation and the penalty for any one violation shall not be more than $150. Imposition of civil penalties shall not preclude an action for injunctive, declaratory or other equitable relief. Moneys raised pursuant to this subsection shall be placed in the locality's general fund.

Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the county, city or town issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

§ 3.1-796.96. County or city pounds; confinement and disposition of stray animals.

A. The governing body of each county or city shall maintain or cause to be maintained a pound or enclosure in accordance with guidelines issued by the Department of Agriculture and Consumer Services and shall require dogs running at large without the tag required by § 3.1-796.92 or in violation of an ordinance passed pursuant to § 3.1-796.93 to be confined therein. The governing body of any county or city need not own the facility required by this section but may contract for its establishment with a private group or in conjunction with one or more other local governing bodies. Such governing body shall require that any animal which has been so confined must be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner (i) claimed by the rightful owner thereof, (ii) adopted by a resident of the county or city for which the pound is operated who will pay the required license fee, if any, on such animal, if the animal's rightful owner has surrendered all property rights in such animal and has read and signed a statement as required by subsection B, or (iii) adopted by a resident of an adjacent political subdivision of the Commonwealth, if the animal's rightful owner has surrendered all property rights in such animal and has read and signed a statement as required by subsection B. However, any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, may be euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal as required by § 3.1-796.105. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the facility.

B. Either a custodian of an animal or an individual who has found an animal may qualify as owner and may claim the animal by expressing his desire in writing to claim the animal at the expiration of the period set out in subsection A after payment of the required license fee. In the event that any animal confined pursuant to this section is claimed by its rightful owner, such owner shall only be charged with the actual expenses incurred in keeping the animal impounded. If the rightful owner claims the animal at any time, the custodian or finder shall relinquish possession of the animal to the rightful owner. If the animal has not been claimed, it may be 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, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days, or by delivery to any humane society or shelter, or by delivery to any person who is a resident of the county or city for which the pound is operated and who will pay the required license fee, if any, on such animal, or by delivery to a resident of an adjacent political subdivision of the Commonwealth. The operator or custodian of the pound shall make a reasonable effort to ascertain if the animal has a collar, tag, license, or tattooed identification. If such identification is found on the animal, a reasonable effort shall be made to return the animal to its owner or place the animal for adoption before humanely destroying the animal. Such animal may not be 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. Such identified animal shall be held for five days more than the holding period prescribed in subsection A of this section, unless sooner claimed by the rightful owner. If the rightful owner of any animal confined may be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next forty-eight hours following its confinement. At the expiration of the holding period required for such identified animal, the animal may be delivered to any resident who proposes to adopt it as a pet and who will pay the required license fee, if any, on the animal or to any humane society or shelter, or to a resident of an adjacent political subdivision of the Commonwealth; however, no more than two animals or a family of animals shall be delivered during any thirty-day period to any one such person.

Any such county or city may provide by ordinance that no person who acquires an animal from such pound or enclosure shall be able to sell such animal within the six-month period from the time the animal is acquired from the pound or enclosure. Violation of such an ordinance shall constitute a Class 1 misdemeanor.

No provision herein shall prohibit the immediate destruction of a critically injured or critically ill animal for humane purposes. Any animal destroyed pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian. The governing body shall require that the pound be accessible to the public at reasonable hours during the week. Nothing in this section shall be construed to prohibit confinement of other companion animals in such a pound or enclosure. Neither shall any provision in this section prohibit the immediate destruction, for humane purposes, of any animal not weaned, whether or not the animal is critically injured or critically ill. Nothing in this section shall prohibit the immediate destruction, delivery to any humane society or shelter, or adoption as provided in clauses (ii) and (iii) of subsection A of an animal that has been delivered voluntarily or released to a pound, animal shelter, animal warden, or humane society by the animal's rightful owner after the rightful owner has, in writing, surrendered all property rights in such animal and has read and signed a statement (i) certifying that no other person has a right of property in the animal and (ii) acknowledging that the animal may be immediately euthanized, delivered to any humane society or shelter, or adopted as provided in clauses (ii) and (iii) of subsection A.

For purposes of this section, the term "animal" shall not include agricultural animals. For purposes of this section, the term "rightful owner" shall mean a person with a right of property in the animal.

§ 3.1-796.129. Jurisdiction of general district courts; right of appeal.

Unless otherwise provided, the provisions of this article chapter may be enforced by any general district court in cities or counties wherein the offense is committed, or the offender or owner may be found. Every such offender shall have the right of appeal to the appropriate circuit court.

2. That §§ 15.1-28.5, 15.1-28.5:1, 15.1-29.1:1, 15.1-517, 15.1-517.1 and 15.1-870 of the Code of Virginia are repealed.

3. Except as herein otherwise provided, neither the repeal of the sections set out in the second enactment of this act nor the enactment of this act shall apply to offenses committed prior to July 1, 1995, and prosecution for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purpose of this enactment, an offense was committed prior to July 1, 1995, if any of essential elements of the offense occurred prior thereto. Any notice given, recognizance taken, or process or writ issued before July 1, 1995, shall be valid although given, taken or to be returned to a day after such date.

4. That the repeal of the sections set out in the second enactment of this act shall not affect any ordinance adopted pursuant to those sections but such ordinances shall continue in effect without the necessity of readoption by counties, cities and towns pursuant to such powers being relocated, with identical or substantially similar content, in Title 3.1 of the Code of Virginia.