§ 5-153. Disposition of unclaimed animals.

(a)

If an animal confined pursuant to this article has not been claimed upon expiration of the appropriate holding period, it shall be deemed abandoned and become the property of the pound. Such animal may be euthanized in accordance with the methods approved by the state veterinarian or disposed of by the methods set forth in subsections (a)(1) through (a)(5) of this section. No pound shall release more than two animals or a family of animals during any 30-day period to any one person under subsection (a)(2), (a)(3) or (a)(4) of this section. The methods of disposal include the following:

(1)

Release to any humane society, animal shelter, or other releasing agency within the state, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;

(2)

Adoption by a resident of the county who will pay any required fees, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(3)

Adoption by a resident of an adjacent political subdivision of the state who will pay any required fees, provided the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(4)

Adoption by any other person who will pay any required fees, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no dog or cat may be adopted by any person who is not a resident of the county, or of an adjacent political subdivision, unless the dog or cat is first sterilized at the expense of the person adopting the dog or cat; or

(5)

Release for the purposes of adoption or euthanasia only to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency:

a.

Maintains records that would comply with Code of Virginia, § 3.2-6557;

b.

Requires that adopted dogs and cats be sterilized;

c.

Obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and

d.

Has provided to the pound a statement signed by an authorized representative specifying the entity's compliance with subsections (a)(5)a. through (a)(5)c. of this section and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of Code of Virginia, title 3.2, ch. 65.

(b)

For purposes of recordkeeping, release of an animal by the pound to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

(c)

Any proceeds deriving from the gift, sale, or delivery of such animals shall be paid directly to the director of finance. No part of the proceeds shall accrue to any individual.

(Code 1980, § 4-22.1(e), (k); Code 1995, §§ 5-137, 5-142; Ord. No. 987, § 5, 7-13-1999; Ord. No. 1050, § 3, 9-9-2003)

State Law reference— Similar provisions, Code of Virginia, § 3.2-6546(C).

(Code 1980, § 4-22.1(e), (k); Code 1995, §§ 5-137, 5-142; Ord. No. 987, § 5, 7-13-1999; Ord. No. 1050, § 3, 9-9-2003)

State law reference

Similar provisions, Code of Virginia, § 3.2-6546(C).