§ 5-30. Control of dangerous or vicious dogs.

(a)

Any law enforcement officer or animal protection police officer who has reason to believe that a canine or canine crossbreed is a dangerous dog may apply to a county magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before the 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 an animal protection police officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous. The animal protection police officer shall confine the animal until a verdict is rendered on the summons. If the animal protection police officer determines that the owner or custodian can confine the animal in a manner that protects 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.

(b)

No canine or canine crossbreed shall be found to be a dangerous 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 if the threat, injury or damage was sustained by a person who was:

(1)

Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian;

(2)

Committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or

(3)

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 at the time of the acts complained of shall be found to be a dangerous dog. No animal that, at the time 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.

(c)

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.

(d)

Within 30 days of a finding that an animal is a dangerous dog, the owner of the animal shall obtain a dangerous dog registration certificate from the animal protection unit of the division of police or the director of finance for a fee of $150.00. This fee is in addition to other fees required by this chapter. The animal protection police officer or the director of finance shall 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. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee of $85.00 and in the same manner as the initial certificate was obtained. The animal protection police officer shall post registration information on the Virginia Dangerous Dog Registry.

(e)

Certificates or renewals.

(1)

All certificates or renewals thereof required to be obtained under this section shall be issued only to persons 18 years of age or older who present satisfactory evidence:

a.

Of the animal's current rabies vaccination, if applicable;

b.

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;

c.

That the animal has been spayed or neutered; and

d.

That the owner has liability insurance, to the value of at least $100,000.00, that covers animal bites or has obtained and will maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000.00.

(2)

In addition, no owner shall be issued a certificate or renewal unless he presents satisfactory evidence that:

a.

His 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

b.

The animal has been permanently identified by means of electronic implantation.

(f)

While on its owner's property, 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. While so confined within the structure, the animal shall be provided for according to Code of Virginia, § 3.2-6503. 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.

(g)

The owner of a dog found to be dangerous shall cause the animal protection unit of the division of police to be promptly notified of:

(1)

The names, addresses, and telephone numbers of all owners;

(2)

All of the means necessary to locate the owner and the dog at any time;

(3)

Any complaints or incidents of attack by the dog upon any person or cat or dog;

(4)

Any claims made or lawsuits brought as a result of any attack;

(5)

Chip identification information;

(6)

Proof of insurance or surety bond; and

(7)

The death of the dog.

(h)

If an animal has been found to be a dangerous dog, the owner shall immediately cause the animal protection unit to be notified upon learning that the animal:

(1)

Is loose or unconfined;

(2)

Bites a person or attacks another animal; or

(3)

Is sold, is given away, or dies.

Any owner of a dangerous dog who relocates to a new address shall, within ten days of relocating, provide written notice to the appropriate local animal protection unit for the old address from which the animal has moved and the new address to which the animal has been moved.

(i)

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

(1)

Class 2 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, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; or

(2)

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.

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.

(j)

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 misdemeanor. Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dog until such time as evidence shall be heard and a verdict rendered.

(k)

All fees collected pursuant to this section, less the costs incurred by the animal protection unit of the division of police in producing and distributing the certificates and tags required by this ordinance, shall be paid into a special fund dedicated to paying the expenses of any training courses required under Code of Virginia, § 3.2-6556.

(Code 1995, § 5-36; Ord. No. 1039, § 4, 10-22-2002; Ord. No. 1048, § 2, 8-12-2003; Ord. No. 1088, § 2, 8-22-2006; Ord. No. 1148, § 8(5-36), 8-10-2010; Ord. No. 1174, § 1, 8-14-2012; Ord. No. 1189, § 2, 8-13-2013; Ord. No. 1236, § 2, 8-8-2017)

State Law reference— County may regulate dangerous and vicious dogs, § 3.2-6540(M); penalty for class 2 misdemeanor, Code of Virginia, § 18.2-11.

(Code 1995, § 5-36; Ord. No. 1039, § 4, 10-22-2002; Ord. No. 1048, § 2, 8-12-2003; Ord. No. 1088, § 2, 8-22-2006; Ord. No. 1148, § 8(5-36), 8-10-2010; Ord. No. 1174, § 1, 8-14-2012; Ord. No. 1189, § 2, 8-13-2013; Ord. No. 1236, § 2, 8-8-2017)

State law reference

County may regulate dangerous and vicious dogs, § 3.2-6540(M); penalty for class 2 misdemeanor, Code of Virginia, § 18.2-11.