CHAPTER 3.

ANIMALS AND FOWL

ARTICLE I.  IN GENERAL

Sec. 3-1.        Penalty for violation of Article 1.

Sec. 3-2.        Definitions.

Sec. 3-3.        Duties and authority of animal control officers.

Sec. 3-4.        Animals and fowl prohibited to be at large upon, or to graze alongside of, any public street or highway.

Sec. 3-5.        Property line constitutes lawful fence as to certain animals.

Sec. 3-6.        When unlawful for animals to run at large.

Sec. 3-7.        Maintenance of animals and fowl.

Sec. 3-8.        Prohibition of keeping or exhibiting wild, exotic, venomous, or poisonous animals within the County of Gloucester.

Sec. 3-9.        Infectious or contagious diseases among animals and poultry—duty of owners and custodians; procedure for establishing quarantine.

Sec. 3-10.      Same—Transporting or conveying custody or possession of animal or fowl exposed to disease.

Sec. 3-11.      Notification by individuals finding companion animals.

Sec. 3-12.      Releasing agencies registration required.

Sec. 3-13.      Cruelty to animals.

Sec. 3-14.      Use of fireworks causing injury to animals.

Sec. 3-15.      Failure to perform duties of ownership.

Sec. 3-16.      Allowing animals to defecate on public property or on private property of other persons.

Sec. 3-17.      Animals riding in open vehicles.

Sec. 3-18.      Animals in enclosed vehicles.

Sec. 3-19.      Seizure and impoundment of animals.

Sec. 3-20.      Impoundment and redemption of livestock found at large.

Sec. 3-21.      Casting carcass in road; disposition of carcasses.

Sec. 3-22.      Bird sanctuaries.

Sections 3-23 through 3-27.  Reserved.

ARTICLE II.   DOGS

DIVISION I. GENERALLY

Sec. 3-28.      Animal control officer and deputies to enforce article and applicable provisions of state dog laws.

Sec. 3-29.      Penalty for violation of Article II.

Sec. 3-30.      License required; unlicensed dogs prohibited.

Sec. 3-31.      Amount of license tax, kennel tax; exemptions.

Sec. 3-32.      When license tax due and payable.

Sec. 3-33.      Certification of inoculation or vaccination prerequisite for issuance of license.

Sec. 3-34.      Issuance and design of license tag; required wearing of tag.

Sec. 3-35.      Payment of license tax subsequent to summons.

Sec. 3-36.      Effect of dog not wearing collar bearing metal license tag as evidence.

Sec. 3-37.      Impoundment and redemption of dogs found at large without metal license tag.

Sec. 3-38.      Dangerous and vicious dogs.

Sec. 3-39.      Nuisance animals.

Sections 3-40 through 3-45.   Reserved.

DIVISION II.   DOGS RUNNING AT LARGE IN CERTAIN AREAS

Sec. 3-46.      Running at large – prohibited in regulated areas.    

Sec. 3-47.      Official schedule of restricted areas for dogs running at large.

Sections 3-48 through 3-50.  Reserved.

ARTICLE III.  RABIES CONTROL

Sec. 3-51.      Vaccination or inoculation against rabies required.

Sec. 3-52.      Certificate of inoculation or vaccination to be issued.

Sec. 3-53.      Emergency ordinance requiring confinement or restraint of dogs and cats when rabid animal at large.

Sec. 3-54.      Report of existence of rabid animals.

Sec. 3-55.      Reporting of animal bites.

Sec. 3-56.      Confinement or destruction of dogs, cats, or any other animals showing signs of or suspected of having rabies.

Sec. 3-57.      Destruction or confinement of dog, cat, or any other animal bitten by a rabid animal.

Sec. 3-58.      Confinement or destruction of animal which has bitten a person.

Sec. 3-59.      Concealing or harboring an animal to prevent its destruction or confinement under article.

Sec. 3-60.    Penalty for violation of Article III.

ARTICLE I.  IN GENERAL

Sec. 3-1.        Penalty for violation of Article 1.

            Unless otherwise specified, a violation of this article shall be deemed a class 3 misdemeanor and a warrant for the violation may be obtained by an animal control officer or sheriff’s deputy.

Sec. 3-2.        Definitions.

            The following words as used in this chapter shall have the following meanings:

"Abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in Section 3-15 for a period of five (5) consecutive days.

"Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size, and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

"Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

"Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size, and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

"Adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

"Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

"Adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size, and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

"Adoption" means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual.

"Agricultural animals" means all livestock and poultry.

"Ambient temperature" means the temperature surrounding the animal.

"Animal" means any nonhuman vertebrate species except fish. For the purposes of Article III, animal means any species susceptible to rabies.  For the purposes of Section 3-13 animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

"Animal control officer" means a person appointed as an animal control officer or deputy animal control officer.

"Animal shelter" means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

"Boarding establishment" means a place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee.

"Consumer" means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services.

"Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.

"Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

“Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat.  However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) if both animals are owned by the same person, provided such attack occurs on the property of the attacking or biting dog’s owner or custodian, or (iii) for other good cause as determined by the court.  No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

"Dealer" means any person who, in the regular course of business for compensation or profit, buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier, or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals.

"Direct and immediate threat" means any clear and imminent danger to an animal's health, safety, or life.

"Dump" means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road, street, or on the property of another.

"Emergency veterinary treatment" means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.

"Enclosure" means a structure used to house or restrict animals from running at large.

"Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness and death during such loss of consciousness.

"Exhibitor" means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture.

“Exotic animal” means any live monkey (non-human primate), raccoon, skunk, wolf, wolf-canine hybrid, squirrel, fox, and other non-domesticated porcine, leopard, tiger, lion, panther, or any other similar warm blooded animal, venomous reptile, to include, but not limited to: coral snakes, rattlesnakes, cottonmouth snakes, vipers and cobras, sea snakes, gila monsters, Mexican beaded lizards, or non-venomous reptiles six (6) feet or longer in length which can normally be found in the wild, all constrictor type snakes, poisonous arachnids to include, but not limited to: Black Widow spiders, Brown Recluse spiders, scorpions, poisonous amphibians to include, but not limited to: poison arrow frogs, or any member of the crocodilian family, including, but not limited to: alligators, crocodiles, caimans, and gavials, or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops, or domestic farm animals. Ferrets and birds which are normally purchased through pet stores, non-poisonous reptiles less than six (6) feet in length, domestic rabbits, domestic rodents which have been bred in captivity and have not been kept in the wild shall be excluded from the definitions of wild and exotic animals.

"Facility" means a building, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept.

"Foster care provider" means an individual who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, or other releasing agency.

"Foster home" means a private residential dwelling and its surrounding grounds where, through an affiliation with a pound, animal shelter, or other releasing agency, care or rehabilitation is provided for companion animals.

"Groomer" means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.

“Health Director” means an employee of the Virginia Department of Health with authority to enforce the regulations promulgated by the State Board of Health.

"Home-based rescue" means any person or organization that accepts (i) more than twelve (12) companion animals or (ii) more than nine (9) companion animals and more than three (3) unweaned litters of companion animals in a calendar year for the purpose of finding permanent adoptive homes for the companion animals and houses the companion animals in a private residential dwelling or uses a system of housing companion animals in private residential foster homes.

"Humane" means any action taken in consideration of, and with the intent to, provide for the animal's health and well-being.

"Humane investigator" means a person who has been appointed by a circuit court as a humane investigator as provided in § 3.1-796.106 of the Code of Virginia.

"Humane society" means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoption of animals.

"Kennel" means any establishment in which five (5) or more canines, felines, or hybrids of either, are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.

"Livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.1-73.6 of the Code of Virginia; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

"Local ordinance" means any law, rule, regulation, or ordinance promulgated by the governing body of the county.

"Locality" or "local government" means a county, city, or town, as the context may require.

"New owner" means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.1-796.126:1 of the Code of Virginia, and who adopts or receives a dog or cat from a releasing agency.

"Owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.

"Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.

"Pet shop" means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

“Poisonous and/or venomous animal” shall mean any animal, fowl, reptile or amphibian that causes injury, illness or death by chemical means.

"Poultry" includes all domestic fowl and game birds raised in captivity.

"Pound" means a facility operated by the Commonwealth, or any locality, including Gloucester County, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals.

"Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

"Properly cleaned" means: (i) that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; (ii) the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and (iii) the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

"Properly lighted", when referring to a facility, means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals. "Properly lighted", when referring to a private residential dwelling and its surrounding grounds, means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.

"Releasing agency" means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue, that releases companion animals for adoption.

"Research facility" means any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.

"Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

"Sore" means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by 9 C.F.R. Part 11.2.

"State Veterinarian" means the veterinarian employed by the Commissioner of Agriculture and Consumer Services as provided in § 3.1-723 of the Code of Virginia.

"State Veterinarian's representative" means an employee of the Department of Agriculture and Consumer Services who is under the direction of the State Veterinarian.

"Sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.

"Treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size, and type of the animal.

"Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.

“Vicious dog” means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding.

"Weaned" means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five days.

“Wild animal” means any warm-blooded animal that can normally be found in the wild state.

Sec. 3-3.        Duties and authority of animal control officers.

(a)       By authority of the Board of Supervisors, the county shall employ an animal control officer and one or more deputy animal control officers who shall have the power to enforce this entire Chapter and all state laws enacted for animal control and protection.

(b)       The animal control officer and deputy animal control officers shall have a working knowledge of this chapter and of animal control and protection laws of Virginia which they are required to enforce.  When in uniform or upon displaying a badge or other credentials of office, the animal control officers, and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law enforcement officer as defined in Section 9.1-101 of the Code of Virginia, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the county in which the animal control officer or deputy animal control officer is appointed.

(c)       Whenever the term “animal control officer” is used in this chapter, it shall mean the animal control officer appointed and employed pursuant to this section or any duly employed deputy animal control officer.

(d)       Nothing in this section shall be construed to prevent the issuance of a warrant for any violation of this chapter based upon the complaint of any citizen or any law enforcement officer and upon a finding of probable cause by an officer authorized to issue arrest warrants generally.

(e)       Every animal control officer and deputy animal control officers shall complete the training required by Section 3.1-796.104:1 of the Code of Virginia.  Such training shall include, and be completed within two years after appointment, a basic animal control course that has been approved by the State Veterinarian which shall include training in recognizing suspected child abuse and neglect and information on how complaints may be filed.    Thereafter all animal control officers shall complete such additional training as may be required by the Code of Virginia.  The county shall submit to the State Veterinarian, on a form provided by him, information concerning the employment and training status of the animal control officers employed by the locality.  The State Veterinarian may require that the county notify him of any change in such information.

(f)        No individual shall interfere with an animal control officer in the legal performance of his or her duties. This includes, but is not limited to, striking or attempting to strike the animal control officer; providing the animal control officer with false information; taking or attempting to take any animal from an animal control officer in the legal performance of his or her duties; or taking or attempting to take from any official vehicle used by the department to transport animals; or taking or attempting to take from the department without proper authority; or taking or attempting to take from any county owned trap or trap set by the county which is being used by the department to trap animals; or from the department without proper authority; or taking or damaging any county property used in conjunction with the animal control officer’s duties.

(g)       It shall be unlawful and shall constitute a class 2 misdemeanor for any person to make a false statement to an animal control officer while in the performance of their duties conducting an investigation.

Sec. 3-4.        Animals and fowl prohibited to be at large upon, or to graze alongside of, any public street or highway.

            It shall be unlawful for any person to permit any animal or fowl owned by him or in his custody or under his control to run at large upon, or to graze alongside, any public street or highway, whether such street or highway be enclosed by fence or not.          

Sec. 3-5.        Property line constitutes lawful fence as to certain animals.

The boundary line of each lot or tract of land in this county is hereby declared to be a lawful fence as to any horse, mule, cattle, hog, sheep, or goat.  

Sec. 3-6.        When unlawful for animals to run at large.

It shall be unlawful for any animal or type of animal described in Section 3-5 to be found running at large, as to which the boundaries of lots or tracts of land have been or may be constituted a lawful fence, to run at large beyond the limits of the animal owner’s lands within the county, magisterial district, or portion of such county wherein such boundaries have been constituted and shall be a lawful fence.

Sec. 3-7.        Maintenance of animals and fowl.

(a)       Each stable, pen, coop, or other place where any animal or fowl is kept shall be maintained at all times in a safe and sanitary condition and so as not to constitute a nuisance. Solid and liquid waste matter shall be removed therefrom not less than twice each week, and more frequently if necessary, to eliminate offensive odors or to prevent accumulations constituting a hazard to the health or safety of any person, animal, or fowl.

(b)       Any person who violates this section shall be guilty of a class 1 misdemeanor.

Sec. 3-8.        Prohibition of keeping or exhibiting wild, exotic, venomous, or poisonous animals within the County of Gloucester.

(a)       It shall be unlawful for any person to keep, exhibit, or permit to be kept or exhibited upon any property within the county limits, any wild, exotic, venomous, or poisonous animal without a permit from an animal control officer.   In no case, however, shall any such wild, exotic, venomous, or poisonous animal(s) be exhibited, displayed, or kept in such a manner so as to permit said animal(s) to escape, be at large, or to otherwise come in direct physical contact with any person unless under the direct care and control of the handler.

The provisions of this section shall not apply to:

·        Institutions accredited by the American Zoo and Aquarium Association (AZA).

·        Registered non-profit humane societies.

·        Animal control officers or law enforcement officers acting under the authority of this article.

·        Veterinary hospitals or clinics.

·        Any wildlife rehabilitator licensed by the state.

·        Any wildlife sanctuary.

·        Any licensed or accredited research or medical institution.

·        Any licensed or accredited educational institution.

·        Any circus, rodeo, or trade-show.

·        A person temporarily transporting an exotic animal through the county if the transit time is not more than ninety-six (96) hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping.

(b)       The owner or custodian of any wild, exotic, venomous, or poisonous animal shall apply to the animal control department within ten (10) working days of obtaining an address within the County or in the case of an exhibition, ten (10) working days prior to the exhibition, for a permit authorizing the keeping of said animal within the County limits. Each applicant for a wild, exotic, venomous, or poisonous animal permit shall, by affidavit and/or supporting written documentation, provide the following:

(1)       Name and street address of each owner(s)/custodian(s), eighteen (18) years of age or older;

(2)       Location of animal(s) storage facility;

(3)       The common and scientific name of the subject animal(s);

(4)       The date of acquisition of each animal;

(5)       The source of acquisition of each animal;

(6)       The sex, age, height and/or length of each animal;

(7)       Any identifying marks or numbers unique to each animal;

(8)       A statement of understanding signed by the owner(s)/custodian(s) concerning human exposures in relation to the current state and local laws involving rabies control;

(9)       Verifiable documentation the animal was brought into the country legally.  Proof the animal was purchased from a reputable dealer or pet store may constitute sufficient proof. The animal control officer has final authority in determining what constitutes sufficient proof;

(10)     A current veterinarian’s certificate confirming the animal is disease free;

(11)     The current phone number and street address of owner(s)/custodians(s) and animal(s), if storage location differs from residence of owner(s)/custodian(s);

(12)     At least one emergency phone number where owner(s)/custodian(s) can be contacted in case of emergency;

(13)     Proof the owner has a secure pen, cage or enclosure of sufficient size and strength to provide adequate shelter for the animal and to reasonably protect the public; and

(14)     Where required by Section 29.1-542 of the Code of Virginia, a copy of the special permit from the Virginia Department of Game and Inland Fisheries.

(c)       The permit shall not be transferable and shall be valid through December 31 of the year of issue and shall be renewed by January 31 of each subsequent year. Permits for temporary exhibit shall be valid for the time period specified in the permit. One permit per address will be required within the County of Gloucester. On the permit shall be listed each animal held within the county limits as identified in subsection (b). The County of Gloucester’s wild, exotic, venomous, or poisonous animal permit shall be required in addition to any required federal or state permits. Information supplied on such permit shall be provided to relevant county departments as notification for public health and safety purposes.

No permit for an exotic animal will be issued by the animal control  department unless all required special permits from the Virginia Department of Game and Inland Fisheries for wolves, coyotes, or birds or animals otherwise classified by the Commission as predatory or undesirable have been obtained by the owner or custodian of the exotic animal. It shall be the responsibility of the owner or custodian of the exotic animal to provide a valid copy of the special permit to the Animal Control Department at the time the request for local exotic animal permit is made.

(d)       It shall be unlawful to release, or permit to be released, any wild, exotic, venomous, or poisonous animal(s) into the wild.

(e)       The initial fee to cover the cost of the permit issuance shall be fifty dollars ($50.00) per address. A charge of twenty five dollars ($25.00) will be collected for annual permit renewal, the adding of additional animals to an existing permit, or the duplication of an existing permit.

(f)        It shall be unlawful for any person to furnish false information for the purpose of obtaining a permit pursuant to subsection (b). Any permit obtained under fraudulent pretenses shall be null and void with any animals named thereon subject to impoundment by an animal control officer pending a determination by a court of competent jurisdiction as to the appropriate disposition of said animal(s). Upon redemption of the animal, the owner shall pay impoundment fees of fifty dollars ($50.00); boarding fees of twenty five dollars ($25.00) per day; and any additional costs for medical care or treatment.

(g)       Any person applying for a wild, exotic, venomous, or poisonous animal permit shall provide evidence of surety bond or liability insurance or bond in the amount of fifty thousand dollars ($50,000.00) which covers incidences or occurrences involving the wild, exotic, venomous, or poisonous animals.

(h)       The animal control officer or his designee may reject an application for a wild, exotic, venomous, or poisonous animal permit, renewal of a permit, or the addition of an animal to an existing permit for any of the following reasons:

(1)       Failure to comply with or supply any information required in subsection (b); or

(2)       Falsification of any information required in subsection (b); or

(3)       Previous or current violations of any provisions of this section; or

(4)       Previous or current violations of any local, state, or federal law relating to animals; or

(5)       The history or demonstration of a vicious or dangerous nature of an animal.

(i)         The animal control officer or his designee may revoke a wild, exotic, venomous, or poisonous animal permit and impound the animal(s) for any of the following reasons:

(1)       Failure to comply with the terms of this section; or

(2)       Falsification of any information required in subsection (b); or

(3)       Violation of any local, state or federal law applicable to animals.

(j)         The permittee shall post a placard provided by the animal control officer in an area of public view on any premises, building or structure where the wild, exotic, venomous, or poisonous animal is kept or housed. Failure to post the placard shall be a violation of this section.

Sec. 3-9.        Infectious or contagious diseases among animals and poultry—duty of owners and custodians; procedure for establishing quarantine.

(a)       It shall be the duty of any person owning or having the custody of any animal or poultry within the county, upon ascertaining that such animal or fowl may be afflicted with a contagious or infectious disease, to forthwith give notice thereof to the health director.

(b)       The health director, upon receipt of such notice, shall then cause an investigation to be made to determine whether quarantine lines should be established within any part of the county, and upon an affirmative finding, the health director shall forthwith give notice to the state veterinarian as to the facts determined by such investigation, for such action as the state veterinarian may deem appropriate under the provisions of the Code of Virginia, Sections 3.1-727 through 3.1-733.

(c)       Any person who violates this section shall be guilty of a class 1 misdemeanor.

Sec. 3-10.      Same—Transporting or conveying custody or possession of animal or fowl exposed to disease.

It shall be unlawful for any person to drive, or by any other means, to transport beyond his own property or to sell, give away, or otherwise convey the possession or custody of any animal or fowl, knowing or having reason to know that such animal or fowl has, or has been exposed to, any infectious or contagious disease; provided, that nothing in this subsection shall be construed to prohibit the transportation of any animal or fowl to a veterinarian’s office, animal hospital, or other place for care or treatment, or to prohibit the custody of such animal or fowl by a licensed veterinarian or other person qualified to render care or treatment to such animal or fowl.

Sec. 3-11.      Notification by individuals finding companion animals.

(a)       Any individual who finds a companion animal and (i) provides care or safekeeping, or (ii) retains a companion animal in such a manner as to control its activities shall, within forty-eight (48) hours:

(1)       Make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, microchip, or other form of identification or markings, or if the owner of the animal is otherwise known to the individual; and

(2)       Notify the Animal Control Department and inform them where the companion animal was found and provide contact information, including a name, a contact telephone number, a description of the animal, including information from any tag, license, collar, tattoo, microchip, or other identification or markings, and the location where the companion animal was found.

(b)       If any individual finds a companion animal and (i) provides care or safekeeping, or (ii) retains a companion animal in such a manner as to control its activities, the individual shall comply with the provisions of Virginia Code § 3.1-796.68 and Section 3-15 of this Article.

Sec. 3-12.      Releasing agencies registration required.

(a)               All releasing agencies operating within the county shall register annually, not later than January 31 of each year, with the Animal Control Department.

(b)       It shall be unlawful for any person, other than a releasing agency that has registered as such annually with the local Animal Control Department, to own a dog four (4) months old or older in the county or state unless such dog is licensed, as required by the provisions of this chapter.

Sec. 3-13.      Cruelty to animals.

(a)               Any person who (i) overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter, or emergency veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) carries or causes to be carried in or upon any vehicle, vessel, or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of the above things, or being the owner of such animal permits such acts to be done by another, shall be guilty of a class 1 misdemeanor.

(b)              Subsequent violations punishable as a class 6 felony shall be charged under Section 3.1-796.122(B) of the Code of Virginia.

(c)               Nothing in this section shall be construed to prohibit the dehorning of cattle.

(d)              For the purposes of this section the word animal shall be construed to include birds and fowl.

(e)               This section shall not prohibit authorized wildlife management activities or hunting, fishing, or trapping as regulated under the other titles of the Code of Virginia, including, but not limited to Title 29.1, or to farming activities as provided under this title or regulations promulgated thereunder.

(f)                 In addition to the penalties provided in subsection (a), the court may, in its discretion, require any person convicted of a violation of subsection (a) to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling.  The court may impose the costs of such a program or counseling upon the person convicted.

(g)              It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur, or pelt of the dog or cat.  A violation of this subsection shall constitute a class 1 misdemeanor.  A second or subsequent violation of this subsection shall be charged under Section 3.1-796.122(G) of the Code of Virginia.

(h)              Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, punishable as a class 6 felony, shall be charged under Section 3.1-796.122(H) of the Code of Virginia.  If a dog or cat is attacked on its owner’s property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat.  Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection.

(i)                 Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.

Sec. 3-14.      Use of fireworks causing injury to animals.

            It shall be unlawful to set off or use any fireworks that result in an injury to any animal caused by direct contact with the fireworks or if the animal injured itself from fear of the fireworks.

Sec. 3-15.      Failure to perform duties of ownership.

(a)       Each owner or custodian of an animal shall provide for each of his animals all the following as defined in Section 3.1-796.66 of the Code of Virginia:

(1)       Adequate feed;

(2)       Adequate water;

(3)       Adequate shelter that is properly cleaned and sanitized;

(4)       Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

(5)       Adequate exercise;

(6)       Adequate care, treatment, and transportation; and

(7)       Veterinary care when needed for disease control or to prevent suffering or disease transmission.

The provisions of this section shall apply to an owner or custodian of any animal, fowl, or reptile, including every private owner, animal shelter, pound, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment.  This section shall not require that animals used as food for other animals be euthanized.

(b)       Game and wildlife species shall be cared for in accordance with current regulations promulgated by the Virginia Department of Games and Inland Fisheries.

(c)       It shall be unlawful for any owner or custodian to abandon any dog, cat, or any other animal or fowl or reptile in any public place, including the right-of-way of any public highway, road, or street, or on the property of another.

Sec. 3-16.      Allowing animals to defecate on public property or on private property of other persons.

            It shall be unlawful for any owner or person in control of any animal to allow any animal to defecate on the property of other persons without their consent or that of the authorized agent or person having control of the premises or on public property.  Immediate removal and sanitary disposal of the defecated matter shall not constitute a violation of this section.  The defecated matter shall be placed in a container and disposed of in a proper waste receptacle.

Sec. 3-17.      Animals riding in open vehicles.

            It shall be unlawful for the operator of any motor vehicle on a pubic road to place or keep an animal in any portion of such vehicle that is open in such a manner so as to permit such animal to jump out of or escape the vehicle or to be thrown from the vehicle by acceleration or stopping of the vehicle or by an accident involving the vehicle.  The prohibited portions of a motor vehicle shall include, but not be limited to:

(a)               The open bed of a truck or upon a motorcycle; or

(b)              The rear storage portion of a vehicle with the tailgate, truck, or hatchback portion open or down.  For the purposes of this section, the operator of a motor vehicle shall be deemed to have control of any animal found there.

Sec. 3-18.      Animals in enclosed vehicles.

(a)               It shall be unlawful to leave any animal in an enclosed vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees Fahrenheit or greater.

(b)              Any person who confines an animal in an unattended, enclosed vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a class 1 misdemeanor.  The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress.  The animal shall be provided immediate veterinary care.  The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.

(c)               In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

Sec. 3-19.      Seizure and impoundment of animals.

            Any law-enforcement official or animal control officer may lawfully seize and impound any animal, fowl, or reptile that has been abandoned, cruelly treated, or is suffering from an apparent violation of this article that has rendered the animal in such condition as to constitute a direct and immediate threat to its life, safety, or health.

Sec. 3-20.      Impoundment and redemption of livestock found at large.

            The animal control officer shall take up and impound any livestock found running at large by any provision of this article or any provision of the Code of Virginia.  If the owner or custodian of any livestock so impounded can be ascertained, that person shall be given notice of such impoundment.  Upon redemption of the livestock, the owner or custodian shall pay an impoundment fee of fifty dollars ($50.00) for each and every time the same animal is impounded, and a boarding fee of twenty five dollars ($25.00) per day for each day that the animal remains impounded in the county’s facility or other designated facility.  The owner or custodian of any livestock so impounded shall also pay all additional expenses incurred as a result of impoundment to include veterinary fees and needed special foods and medications.  Any owner who requests the assistance of the Animal Control Department to aid in the capture of their livestock shall be liable for all expenses incurred by the Animal Control Department.

            The owner of any animal, fowl, or reptile impounded pursuant to this chapter shall be required to pay an impound fee of twenty five dollars ($25.00), boarding fees of ten dollars ($10.00) per day, and costs of any necessary medical care or treatment.  All fees accrued shall be paid to the Treasurer’s Office prior to the release of the animal, fowl, or reptile to the owner.

            The owner of any animal held pursuant to this article for more than thirty (30) days is required to post surety with Gloucester County for the amount of the cost of boarding the animal until the appropriate hearing can be concluded in the appropriate court, but in no case shall such time exceed nine (9) months.

Sec. 3-21.      Casting carcass in road; disposition of carcasses.

(a)               It shall be unlawful for any person to cast any dead animal or fowl into the road, or knowingly permit any dead animal or fowl to remain unburied upon his property when offensive to the public, or have in custody any maimed, diseased, disabled, or infirm animal or fowl, or to leave it to lie or be in a street, road, or public place.

(b)              The owner of any animal or grown fowl, which has died, when he knows of such death, shall forthwith have its body cremated or buried, and if he fails to so do, any judge of a General District Court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer, or other person designated for the purpose, and the officer or other person shall be entitled to recover of the owner of every such animal or grown fowl so cremated or buried, the actual cost of such cremation or burial to be recovered in the same manner as officers’ fees are recovered, free from all exemptions in favor of such owner.

Sec. 3-22.      Bird Sanctuaries.

(a)               Permission is hereby given by the Board of Supervisors for any group of private citizens to post the boundary lines of an area of the county with signs giving notice that the land so posted is a bird sanctuary and that killing, wounding, or molesting birds, and molesting bird nests, is unlawful.

(b)              When signs are posted along the boundary lines of an area of the county in compliance with the provisions of subsection (a) of this section, it shall be unlawful for any person to kill, wound, or molest any bird or to molest any bird’s nest within such sanitary district, or to permit any dog under the person’s care and control to hunt therein.

(c)               The following areas of the county are declared bird sanctuaries:

(1)               Gloucester Sanitary District No. 1 (Approximately 750 acres covering most of the core of the Courthouse Village area.): 

(2)               Goshen, Abingdon Magisterial District:

For a more particular description, reference is made to that certain plat of survey prepared by Dawson, Phillips, Dischinger & Associates, Engineers and Surveyors, Gloucester, Virginia, dated January 9, 1987, entitled "Plat Showing Survey of the Land of Edwin A. Joseph Located in the Ware District of Gloucester County, Virginia," and recorded in the Clerk’s Office of the Circuit Court of Gloucester County, Virginia, in Clerk’s Plat Book 21, pages 879, 879A and 879B.

Sections 3-23 through 3-27.                    Reserved.

ARTICLE II.   DOGS

DIVISION I. GENERALLY

Sec. 3-28.      Animal control officers and deputies to enforce article and applicable provisions of state dog laws.

            Pursuant to the provisions of Section 3.1-796.104 of the Code of Virginia the animal control officer and his deputies shall enforce the provisions of this article, and the applicable provisions of the Comprehensive Animal Laws, Title 3.1, Chapter 27.4 of the Code of Virginia, within this county, under the general supervision of the county administrator.

Sec. 3-29.      Penalty for violation of Article II.

            A violation of this Article shall be deemed a class 3 misdemeanor. 

Sec. 3-30.      License required; unlicensed dogs prohibited.

            It shall be unlawful for any person to own or have in his custody within the county a dog four (4) months or more of age unless such dog is licensed as provided in this article.

Sec. 3-31.      Amount of license tax, kennel tax; exemptions.

(a)       The license tax shall be as follows:

*Evidence from a licensed veterinarian required.  Abatement of the multi-year license tax will be made only in cases where the rabies certificate expires in less than twelve (12) months.  In those cases, the tax applicable to a one (1) year certificate will be imposed.

The annual tax for dog kennels shall be as follows: 

Duplicate licenses to replace current previously purchased license shall be issued by the Treasurer’s Office for one dollar ($1.00) per tag.

(b)       No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, or that is trained and serves as a hearing dog for a deaf or hearing-impaired person, or that is trained and serves as a service dog for a mobility-impaired person.  As used in this section, the term “hearing dog” means a dog trained to alert its owner, by touch, to sounds of danger and sounds to which the owner should respond, and a “service dog” means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair, or other such activities of service or support.

Sec. 3-32.      When license tax due and payable.

(a)               The license tax for each dog is due no later than thirty (30) days after a dog has reached the age of four (4) months, or no later than thirty (30) days after an owner acquires a dog four (4) months of age or older.  Such license tax shall cover a license period which runs concurrently with the rabies vaccination and shall expire upon expiration of the current rabies vaccination.

(b)              All kennel licenses shall be due on January 1 and not later than January 31 of each year.

(c)               It shall be unlawful for the owner of any dog to fail to pay the license tax when due.  Upon conviction of any owner for a violation of this provision, in addition to any penalty imposed, the court may order the confiscation and proper disposition of the dog.

Sec. 3-33.      Certification of inoculation or vaccination prerequisite for issuance of license.

(a)               No license shall be issued for any dog pursuant to Section 3-31 unless at the time of application the applicant presents to the Treasurer’s Office a certificate issued by a currently licensed veterinarian or currently licensed veterinary technician who was under the immediate and direct supervision of a licensed veterinarian on the premises.  Such certificate shall be valid on the date of application and shall show that such dog has been inoculated or vaccinated against rabies.  The license period shall cover the timeframe which runs concurrently with the rabies vaccination and shall expire upon expiration of the current rabies vaccination.

(b)              No metal tag shall be issued for any dog subject to a kennel license issued pursuant to Section 3-31 unless at the time of application the applicant presents to the Treasurer’s Office a certificate issued by a currently licensed veterinarian or currently licensed veterinary technician who was under the immediate and direct supervision of a licensed veterinarian on the premises.  Such certificate shall be valid on the date of application and shall show that such dog has been inoculated or vaccinated against rabies.  The metal tag shall be valid for the period of the kennel license or until the expiration of the current rabies vaccination, whichever occurs first.

Sec. 3-34.      Issuance and design of license tag; required wearing of tag.

(a)               Upon receipt of a proper application, current certificate(s) of vaccination, as required by Section 3-51, and prescribed license tax, the Treasurer’s Office shall issue a dog or kennel license.

(b)              Each dog license shall consist of a license tax receipt and a metal tag.

(c)               Each kennel license shall consist of a license tax receipt and metal tags.  Metal kennel tags shall only be issued for the number of dogs that the owner can show satisfactory evidence that each dog has been vaccinated against rabies as required in Section 3-51.  All other un-used kennel tags will be held by the Treasurer’s Office to be given to the owner of said kennel license, if they wish to license additional vaccinated dogs.

(d)              On such receipt, the Treasurer’s Office shall record the name and address of the owner or custodian, the date of payment, the period for which the license is issued, the serial number of the tag, and whether male, female, un-sexed, or kennel.  The receipt information shall be retained by the Treasurer’s Office, open to public inspection, during the period for which such license is valid.

(e)               The metal license tag shall be stamped or permanently marked to show that it was issued by Gloucester County, Virginia, and to show the serial number.

(f)                 The metal license tag shall be affixed to the collar of the dog to which it relates and must be worn by such dog at all times except:  (i) when the dog is competing in a dog show, or (ii) when the dog has a skin condition which would be exacerbated by the wearing of a collar.

Sec. 3-35.      Payment of license tax subsequent to summons.

            Payment of the license tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve such owner from the penalties provided.

Sec. 3-36.      Effect of dog not wearing collar bearing metal license tag as evidence.

            Any dog not wearing a collar bearing a valid metal license tag shall prima facie be deemed to be unlicensed, and in any proceedings under this article the burden of proof of the fact that such dog has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog.

Sec. 3-37.      Impoundment and redemption of dogs found at large without metal license tag.

            The animal control officer shall seize and impound, at a facility designated for such purpose by the Board of Supervisors, any dog found running at large without wearing a valid metal license tag, and any other dog requiring impoundment by any provision of this code or any provision of the Code of Virginia.  If the owner or custodian of any dog so impounded can be ascertained, that person shall be given notice of such impoundment.  Prior to redemption of the dog, the owner or custodian shall pay an impoundment fee of twenty dollars ($20.00) for each and every time the same animal is impounded, and a boarding fee of ten dollars ($10.00) per day for each day that the animal remains impounded in the County’s facility.  All fees and medical expenses accrued shall be paid to the Treasurer’s Office prior to the release of the dog to the owner.

Sec. 3-38.      Dangerous and vicious dogs.

(a)               As used in this section: 

“Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat.  However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) if both animals are owned by the same person, provided such attack occurs on the property of the attacking or biting dog’s owner or custodian, or (iii) for other good cause as determined by the court.  No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

            “Vicious dog” means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding.

(b)       Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a General District Court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.1-796.119 of the Code of Virginia. 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 of the Code of Virginia. The Commonwealth shall be required to prove its case beyond a reasonable doubt. 

(c)       No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog.

(d)  If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.

(e)       The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control department after a fee of one hundred dollars ($100.00) is paid to the Treasurer’s Office, in addition to other fees that may be authorized by law. The Treasurer’s Office shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The animal control officer shall provide a copy of the dangerous dog registration certificate and verification of compliance to the State Veterinarian. 

(f)        All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, (ii) that the animal has been neutered or spayed, and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least one hundred thousand dollars ($100,000.00), that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand dollars ($100,000.00).

(g)       While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(h)       The owner of any dog found to be dangerous shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under § 3.1-796.93:3 of the Code of Virginia, within forty-five (45) days of such a finding by a court of competent jurisdiction.

The owner shall also cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety bond; and (vii) the death of the dog.

(i)         After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the Animal Control Department to be notified if the animal (i) is loose or unconfined; or (ii) bites a person or attacks another animal; or (iii) is sold, given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the Animal Control Department of the old address from which the animal has moved and the new address to which the animal has been moved.

(j)         Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a:

(i)         Class 2 misdemeanor, if the canine or canine crossbreed was previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; 

(ii)        Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or

(iii)       Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person.  Such conduct shall be charged under Section 3.1-796.93:1(J)(3) of the Code of Virginia.

The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.

(k)       The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a class 1 misdemeanor.

(l)         All fees collected pursuant to this section, less the costs incurred by the Animal Control Department in producing and distributing the certificates and tags required by this section, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.1-796.104:1 of the Code of Virginia.

Sec. 3-39.      Nuisance animals.

(a)       It shall be unlawful for any owner or custodian of an animal to fail to exercise proper care and control of his/her animal to prevent it from becoming a public nuisance, such as, but not limited to: excessive or continuous barking audible outside the perimeters of the owner’s property; molesting of a passerby, chasing vehicles, attacking other domestic animals; or trespassing upon school grounds and public parks.

(b)       Any person owning or having in his possession or under his control any female dog in estrus (in season) shall exercise proper care and control over such animal to prevent it from becoming a nuisance. Allowing said animal to be at large or to be tied outside of a fenced or other enclosed area so as to attract other animals shall constitute a nuisance.

(c)       It shall be unlawful for any person to carry or wear any live snake or reptile in public unless such snake or reptile is securely placed in an acceptable animal carrier so as to prevent escape or injury to the snake or reptile, another animal or human being.

Sections 3-40 through 3-45.        Reserved.

DIVISION II.   DOGS RUNNING AT LARGE IN CERTAIN AREAS

Sec. 3-46.      Running at large – prohibited in regulated areas.

(a)               Any owner or custodian, whose dog is found to be running at large within the areas of the County described in the schedule of regulated areas specified in Section 3-47 shall be in violation of this section.

(b)              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 controlled by its owner or custodian by a leash or lead or other means of restraint not harmful or injurious to the dog.

(c)               Any person who permits its dog to run at large, or remain unconfined, unrestricted, or not penned up, shall be deemed to have violated the provisions of this section.  The animal control officer or law enforcement officers shall have the duty to enforce the provisions of this section, and any person found in violation of this section shall be guilty of a class 3 misdemeanor.

(d)              This section shall not apply to any person who uses a dog under his direct supervision while lawfully hunting, while engaged in supervised formal obedience training class or show, or during formally sanctioned field trials.

Sec. 3-47.      Official schedule of restricted areas for dogs running at large.

(a)               All property owned or leased by the County of Gloucester (all parks and playgrounds) or the School Board  of Gloucester County (all school grounds); and

(b)              All property in Gloucester Sanitary District No. 1  (Approximately 750 acres covering most of the core of the Courthouse Village area); and

(c)               The following subdivisions/areas:

Sections 3-48 through 3-50.        Reserved.

ARTICLE III.  RABIES CONTROL

Sec. 3-51.      Vaccination or inoculation against rabies required.

(a)               It shall be unlawful for any person to own, keep, possess, board, harbor, or have the custody of any dog or domesticated cat four (4) months or more of age within the county unless such dog or cat shall have been vaccinated for rabies by a licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises.  The supervising veterinarian on the premises shall provide the owner of the dog or the custodian of the domesticated cat with a certificate of vaccination.  The owner of the dog or the custodian of the domesticated cat shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law-enforcement officer, state veterinarian’s representative, or Health Department, the certificate of vaccination for such dog or cat.  The vaccine used shall be licensed by the United States Department of Agriculture for use in that species.

(b)              Any person bringing a dog or domesticated cat into the county from another jurisdiction, to be kept within the county, shall comply with the requirements of subsection (a) of this section within ten (10) days.

Sec.  3-52.     Certificate of inoculation or vaccination to be issued.

            Upon the inoculation or vaccination of a dog or cat by a currently licensed veterinarian or certified animal technician under the provisions of this article, the veterinarian or certified animal technician shall issue to the person procuring such inoculation or vaccination a certificate bearing the signature of the veterinarian or animal technician and stating that he is a veterinarian currently licensed by the state or animal technician certified pursuant to the Code of Virginia.  Pursuant to Virginia Code Section 3.1-796.87:1, the rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner’s name and address, the species of the animal, the sex, the age, the color, the primary breed, whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies vaccination certificate shall indicate the locality in which the animal resides. The veterinarian or animal technician shall retain a duplicate or electronic copy of such certificate for so long as the immunity to rabies caused by such inoculation or vaccination is deemed to be effective.

Upon request by the animal control officer, officials of the local health department or other persons charged with enforcing this article, such certificate or other proof of inoculation or vaccination shall be made available for inspection.

            Any person bringing a dog or cat into the county from another jurisdiction, to be kept within the county, shall comply with the requirements of Section 3-51 within ten (10) days.

Sec. 3-53.      Emergency ordinance requiring confinement or restraint of dogs and cats when rabid animal at large.

            When there is sufficient reason to believe that a rabid animal is at large, the Board of Supervisors shall have the power to pass an emergency ordinance, which shall become effective immediately upon passage, requiring owners of all dogs and cats in the county to keep the same confined on their premises, unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten thereby.  Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed thirty (30) days, unless renewed by the Board of Supervisors.  It shall be unlawful for any person to violate the provisions of any such ordinance.

Sec. 3-54.      Report of existence of rabid animals.

            Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the local Health Department the existence of such animal, the place where seen, the owner’s name, if known, and the symptoms suggesting rabies.

Sec. 3-55.      Reporting of animal bites.

(a)               All animal bites of human beings shall be reported to the local health department and to the animal control department within twenty-four (24) hours after the occurrence.

(b)              Such report shall include the name and address of the person bitten; the name and address of the owner or the biting animal, if obtainable; a reasonable description of the animal; the date and time of day of the injury; the part of the body on which the bite was inflicted; and, if possible, whether the biting animal has been vaccinated against rabies.

(c)               The responsibility for so reporting is mutually charged to attending medical personnel, veterinarians, owners of the biting animals, persons bitten and any other persons who may have knowledge of the occurrence.

(d)              It shall be unlawful for any person to knowingly withhold information from, or knowingly give false information to any animal control officer or other law enforcement officer which would reasonably lead to the discovery or location and capture for any animal reasonably identifiable as one which has bitten a human being.  Any person violating the provisions of this subsection shall be guilty of a class 2 misdemeanor.

Sec. 3-56.      Confinement or destruction of dogs, cats, or any other animals showing signs of or suspected of having rabies.

            Any dog, cat, or any other animal found within the county showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such time as may be necessary to determine a diagnosis.  If confinement is impossible or impracticable, such dog, cat, or other animal shall be humanely euthanized by one of the methods approved by the State Veterinarian and its head sent to the local Health Department for evaluation.

Sec. 3-57.      Destruction or confinement of dog, cat, or any other animal bitten by a rabid animal.

            Any dog, cat, or any other animal, for which no proof of current rabies vaccination is available, and which is exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal believed to be afflicted with rabies shall be confined in a pound, kennel, or enclosure approved by the local Health Department for a period not to exceed six (6) months at the expense of the owner; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the State Veterinarian.  A rabies vaccination shall be administered prior to release.  Inactivated rabies vaccine may be administered at the beginning of confinement.  Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of a valid rabies vaccination, shall be revaccinated immediately following the bite and shall be confined to the premises of the owner, or other site as may be approved by the local Health Department, for a period of forty-five (45) days.  The disposition of domestic pet animals other than dogs and cats that fall within the coverage of this section shall be determined by the local Health Department.

Sec. 3-58.      Confinement or destruction of animal which has bitten a person.

(a)               When a potentially rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, that animal shall be confined at the discretion of a local Health Director in a manner approved by the local Health Department or humanely euthanized by one of the methods approved by the State Veterinarian and its head sent to the local Health Department for evaluation.

(b)              When any animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal believed to be afflicted with rabies, that newly exposed animal shall be confined at the discretion of a local Health Director in a manner approved by the Health Department or humanely euthanized by one of the methods approved by the State Veterinarian

Sec. 3-59.      Concealing or harboring an animal to prevent its destruction or confinement under article.

            It shall be a violation of this article, and punishable as a class 3 misdemeanor, for any person to conceal or harbor any dog, cat, or other animal to keep the same from being destroyed or confined in accord with this article.

Sec. 3-60.      Penalty for violation of Article III.

            A violation of any Section of this Article shall be deemed a class 3 misdemeanor.

This ordinance shall become effective July 1, 2008.