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2023 SESSION
23101032DPatrons-- Anderson, Adams, D.M., Clark, Delaney, Edmunds, Maldonado, March, Rasoul, Roem, Subramanyam, Tata, Walker, Willett and Williams
Be it enacted by the General Assembly of Virginia:
1. That §§ 3.2-6527, 3.2-6537, 3.2-6538, 3.2-6587, and 18.2-403.3 of the Code of Virginia are amended and reenacted as follows:
§ 3.2-6527. How to obtain license.
A. Any
person may obtain a dog license or cat license if required by an ordinance
adopted pursuant to subsection B of § 3.2-6524, by making oral or written
application to the
treasurer designated
official of the locality where such person resides,
accompanied by the amount of
license tax and a
current certificate of vaccination as required by this article or satisfactory
evidence that such certificate has been obtained. The
treasurer or other officer
designated official charged with the duty of issuing dog
and cat licenses shall only have authority to license dogs and cats of resident
owners or custodians who reside within the boundary limits of his county or
city and may require information to this effect from any applicant. Upon
receipt of proper application and current certificate of vaccination as
required by this article or satisfactory evidence that such certificate has
been obtained, the treasurer or other
officer designated
official charged with the duty of issuing dog and cat
licenses shall issue a license receipt for the amount on which he shall record
the name and address of the owner or custodian,
the date of payment, the years for which issued, the serial
number of the tag, whether dog or cat, whether male or female, whether spayed
or neutered, or whether a kennel, and deliver the metal license tags or plates
provided for in § 3.2-6526. The information thus received shall be retained by
the treasurer
designated official, open to public inspection, during the
period for which such license is valid. The
treasurer designated
official may establish substations in convenient locations
in the county or city and appoint agents for the
collection of the license tax and issuance of such
licenses.
B. The governing body of a county or city may by ordinance provide for a lifetime dog license or cat license. Such a license shall be valid only as long as the owner or custodian of the licensed dog or cat resides in the issuing locality and the rabies vaccination for the licensed dog or cat is kept current.
C. No fee shall be charged for the issuance of a license as provided in this section or § 3.2-6524.
§ 3.2-6537. Ordinances; penalties.
The governing body of any locality may, by ordinance, require a person operating a pet shop or operating as a dealer in companion animals to obtain a permit. Such local governing body may charge no more than $50 per year for such permit. The revenues derived therefrom shall be used for the administration and enforcement of such ordinance.
The aforementioned ordinance may provide: (i) that records be kept by the permittees as are deemed necessary; (ii) for public hearing prior to issuance, renewal or revocation of any such permit; or (iii) for the denial of issuance, denial of renewal or for the revocation of such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee.
The ordinance may provide for either a criminal penalty not to
exceed a Class 3 misdemeanor or a civil penalty not to exceed $500 for any
violation of the ordinance. Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-6534 into the general fund of such locality.
§ 3.2-6538. Governing body of any locality may prohibit dogs from running at large; civil penalty.
Any locality may by ordinance prohibit the running at large of
all or any category of dogs, except dogs used for hunting, in all or any
designated portion of such locality during such months as it may designate. 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 or running 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. 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. 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. 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 into the general fund of such locality.
§ 3.2-6587. Unlawful acts; penalties.
A. The following shall be unlawful acts and are Class 4 misdemeanors:
1. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.
2. For any dog or
cat owner to fail to pay any license tax required by this chapter before
February 1 for the year in which it is due. In addition, the court may order
confiscation and the proper disposition of the dog or cat.
3. 2. For any dog owner to allow a
dog to run at large in violation of an ordinance passed pursuant to § 3.2-6539.
4. 3. Unless otherwise punishable
under subsection B, for any person to fail to obey an ordinance passed pursuant
to §§ 3.2-6522 and 3.2-6525.
5. 4. For any owner to fail to
dispose of the body of his companion animals in accordance with § 3.2-6554.
6. 5. For the owner of any dog or
cat with a contagious or infectious disease, other than rabies, to permit such
dog or cat to stray from his premises if such disease is known to the owner.
7. For
any person to conceal or harbor any dog or cat on which any required license
tax has not been paid.
8. 6. For any person, except the
owner or custodian, to remove a legally acquired license tag from a dog or cat
without the permission of the owner or custodian.
9. 7. Any other violation of this
chapter for which a specific penalty is not provided.
B. It is a Class 1 misdemeanor for any person to:
1. Present a false claim or to receive any money on a false claim under the provisions of § 3.2-6553.
2. Impersonate a humane investigator.
3. Permit a dog or cat that he owns or is in his custody to stray from his premises when he knows or has been told by the local health department, law-enforcement agency, animal control agency, or any other person who has a duty to control or respond to a risk of rabies exposure that the dog or cat is suspected of having rabies.
§ 18.2-403.3. Offenses involving animals — Class 4 misdemeanors.
The following unlawful acts and offenses against animals shall constitute and be punished as a Class 4 misdemeanor:
1. Violation of § 3.2-6566 pertaining to interference of agents charged with preventing cruelty to animals.
2. Violation of § 3.2-6573 pertaining to shooting pigeons.
3. Violation of § 3.2-6554 pertaining to disposing of the body of a dead companion animal.
4. Unless otherwise punishable under subsection B of § 3.2-6587, violation of ordinances passed pursuant to §§ 3.2-6522 and 3.2-6525 pertaining to rabid dogs and preventing the spread of rabies and the running at large of vicious dogs.
5. Violation of an ordinance passed pursuant to § 3.2-6539 requiring dogs to be on a leash.
6. Failure by any person to secure and exhibit the permits required by § 29.1-422 pertaining to field trails, night trails and foxhounds.
7. Diseased dogs. — For the owner of any dog with a contagious or infectious disease, other than rabies, to permit such dog to stray from his premises if such disease is known to the owner.
8. License application. — For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.
9. License tax. —
For any dog or cat owner to fail to pay any license tax required by subsection
A or C of § 3.2-6530 within one month after the date when it is due. In
addition, the court may order confiscation and the proper disposition of the
dog or cat.
10. Concealing
a dog or cat. — For any person to conceal or harbor any dog or cat on which any
required license tax has not been paid.
11. 9. Removing
collar and tag. — For any person, except the owner or custodian, to remove a
legally acquired license tag from a dog or cat without the permission of the
owner or custodian.
12. 10. Violation
of § 3.2-6503 pertaining to care of animals by owner.
2. That §§ 3.2-6528, 3.2-6530, 3.2-6534, 3.2-6535, and 3.2-6536 of the Code of Virginia are repealed.