CHAPTER 3 OF THE CODE OF THE COUNTY OF GLOUCESTER, VIRGINIA, PERTAINING TO ANIMALS AND FOWL

Chapter 3

Article I. In General

§ 3-1. Penalty for Violation of Article I.

§ 3-2. Keeping of livestock prohibited in Gloucester Point Sanitary District and Gloucester Sanitary District No. 1.

§ 3-3. Animals and fowl prohibited to be at large upon, or to graze along side of, any public street or highway.

§ 3-3.1 Property line constitutes lawful fence as to certain animals.

§ 3-4. Maintenance of animals and fowl.

§ 3-5. Prohibition of keeping or exhibiting of wild, exotic, venomous or poisonous animals within the County of Gloucester.

§ 3-6. Infectious or contagious diseases among domestic animals and poultry—Duty of owners and custodians; procedure for establishing quarantine.

§ 3-7. Same—Transporting or conveying custody or possession of animal or fowl exposed to disease.

§ 3-8. Cruelty to animals.

§ 3-8(1) Failure to perform duties of ownership.

§ 3-8(2) Allowing animals to defecate on public property or on private property of other persons.

§ 3-8(3) Animals riding in open vehicles.

§ 3-8(4) Animals in enclosed vehicles.

§ 3-8(5) Seizure and Impoundment of animals.

§ 3-9. Gloucester Sanitary District No. 1 declared bird sanctuary, when posted by citizens’ groups; violations and penalties.

§ 3-9.1. Goshen, Abingdon Magisterial District declared bird sanctuary, when posted by citizens’ groups; violations and penalties.

§ 3-10. Casting carcass in road; disposition of carcasses.

Article II. Dogs

Division 1. Generally

§ 3-11. Animal warden and deputies to enforce article and applicable provisions of state dog laws.

§ 3-11.1. Penalty for violation of Article II.

§ 3-12. License required; unlicensed dogs prohibited.

§ 3-13. Amount of license tax due and payable.

§ 3-14. When license tax due and payable.

§§ 3-15, 3-16. Reserved

§ 3-17. Certificate of inoculation or vaccination prerequisite for issuance of license.

§ 3-18. Issuance and design of license tag; required wearing of tag.

§ 3-19. Reserved.

§ 3-20. Accounting for licenses; duties of treasurer; records; disposal of unsold license tags.

§ 3-21. Penalties for false statement in procuring license.

§ 3-22. Payment for license tax subsequent to summons.

§ 3-23. Effect of dog not wearing collar bearing license tag as evidence.

§ 3-24. Reserved.

§ 3-25. Impoundment and redemption of dogs found at      large without license.

§ 3-26. Dangerous and vicious dogs.

§ 33.1-796.93:1. Control of Dangerous or Vicious Dogs; Penalties (STATE LAW).

§ 3-27. Nuisance animals.

§ 3-28. – 3-30. Reserved

Division 2. Dogs Running at Large in Certain Districts.

§ 3-31. Running At Large – Prohibited in Regulated Areas.

§3-32. Official Schedule of Restricted Areas for Dogs Running At Large.

§ 3-45. Civil Penalties.

§ 3-46 - 3-48. Reserved

Article III. Rabies Control

§ 3-49. Vaccination or inoculation against rabies required.

§ 3-50. Certificate of inoculation or vaccination to be issued.

§ 3-51. Emergency ordinance requiring confinement or restraint of dogs and cats when rabid animal at large.

§ 3-52. Report of existence of rabid animals.

§ 3-53. Confinement or destruction of dogs, cats, or any other animals, showing signs of or suspected of having rabies.

§ 3-54. Destruction or confinement of dog, cat, or any other animal bitten by rabid animal.

§ 3-55. Confinement or destruction of animal which has bitten person.

§ 3-56. Concealing or harboring animal to prevent its destruction or confinement under article.

§ 3-57. Penalty for violation of Article III.

ARTICLE I. IN GENERAL^*

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

Any person convicted of a violation of this article, unless a penalty is otherwise specified, shall be punished by a fine of not more than two hundred fifty dollars ($250.00).

Sec. 3-2. Keeping of livestock prohibited in Gloucester Point Sanitary District and Gloucester Sanitary District No. 1.

It shall be unlawful for any cattle, horses, mules, ponies, hogs, sheep, goats, chickens, ducks, turkeys, or any other livestock or fowl to be raised, housed or kept within Gloucester Point Sanitary District and Gloucester Sanitary District No. 1, except for household pets.

(10-20-68, § 6-2; 2-28-69, § 6-2; Ord. of 6-23-81, § 6-2)

Editor’s note—By order of the circuit court of Gloucester County, dated January 6, 1967, recorded in Common Law Order Book 17 at page 95 and in Deed Book 145 at page 105, Gloucester Point sanitary district was created pursuant to a plat of survey made by R. Stuart Royer and Associates dated "Dec. 1966" and "Rev. 1/67" recorded in Clerk’s Plat Book 4 at page 35 in the clerk’s office of the circuit court of Gloucester County, Virginia. By order of the circuit court of Gloucester County, dated June 26, 1973, recorded in the Common Law Order Book 19 at page 277 and Deed Book 174 at page 190 in the clerk’s office of the circuit court of Gloucester County, Gloucester Point sanitary district was enlarged. See § 19-56 et seq. of this Code for further regulations pertaining to the district.

Sec 3-3. 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.  (6-25-13)

Any person who does not restrain his/her animal or fowl in accordance with this section shall be guilty of a Class 4 misdemeanor. The animal control officer or sheriff’s deputy shall have the duty to enforce the provisions of this section.    Cross reference—Dogs running at large in certain districts, §§ 3-31 – 3-40.

State law references—Authority of county to prohibit animals and fowl from running at large on highways, Code of Va., § 15.2-1218; estrays, Code of Va., §§ 55-202—55-206.

Sec. 3-3.1. 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.      (12-29-21; 10-22-71)

State law references—Authority of county to enact above section, Code of Va., § 55-310; no fence law, Code of Va., § 55-310 et. seq.

Sec. 3-4. Maintenance of animals and fowl.

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 an 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.

Sec 3-5. Prohibition of keeping or exhibiting of wild, exotic, venomous or poisonous animals within the County of Gloucester.

For the purpose of this article the definition of an exotic animal shall mean any live monkey (non-human primate), raccoon, skunk, wolf, wolf-canine hybrid, squirrel, fox, pot belly pigs and other non-domesticated porcine, leopard, tiger, lion, panther, or any other warm blooded animal, venomous reptile, to include, but not limited to coral snakes, rattle snakes, 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 and which have been bred in captivity and which never have known the wild shall be excluded from the definitions of wild and exotic animals.

The term wild animal means any warm-blooded animal that can normally be found in the wild state.

The term poisonous and/or venomous animal shall mean any animal, fowl, reptile or amphibian that causes injury, illness death by chemical means.

(a) It shall be unlawful for any person to keep or 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 the 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 act.

Veterinary hospitals or clinics.

Any wildlife rehabilitator licensed by the state.

Any wildlife sanctuary as defined under this act.

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 96 hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping.

(b) The owner of any wild, exotic, venomous or poisonous animal shall apply to the animal control officer within ten (10) working days the change of 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;

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;

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.

A current veterinarian’s certificate the animal is disease free.

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).

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

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.

Where required by Section 29.1-542 of the Code of Virginia, 1950, as amended 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 thirty-first of the year of issue and shall be renewed by January thirty-first 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 Gloucester Department of Animal Control 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 twenty-five ($25.00) per address. A charge of fifteen dollars ($15.00) 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 twenty-five ($25.00), boarding fees of ten dollars ($10.00) per day, plus any additional cost 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 animals 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 premittee 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 pose the placard shall be a violation of this section.

Editor’s note—An ordinance adopted Mar. 4, 1997, deleted § 3-5, dangerous animals. Such section bore no history note.

Sec. 3-6. 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.

Cross reference—Rabies control, §§ 3-51-3-56; 32.1-48.1-32.1-48.4.

State law references—Listing of certain contagious and infectious diseases among domestic animals and poultry, Code of Va., § 3.1-726; fine for violation of similar state provisions, Code of Va., § 3.1-733.

Sec. 3-7. 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. (Ord. of 6-27-92)

Sec. 3-8. Cruelty to animals.

Any person who:

(a) 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, or deprives any animal of necessary sustenance, food, drink, veterinary care or shelter; or

(b) Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; or

(c) Carries or causes to be carried in or upon any vehicle or vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or

(d) 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 6 Felony, as defined by Section 18.2-10 of the Code of Virginia, 1950, as amended.

Any person who abandons 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 shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00).

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

For purposes of this section, the word animal shall include birds, fowl and reptiles. (Ord. of 2-4-92)

State law references—Similar state law, Code of Va., § 3-1-796.122; authority, Code of Va., § 3.1-796.94.

Sec. 3-8(1) Failure to perform duties of ownership.

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.

(a) An 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, 1950, as amended:

                (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.

(b) Game and wildlife species shall be cared for in accordance with regulations promulgated by the Virginia Department of Games and Inland Fisheries, January 1, 1994.

State law reference—Similar state law, Code of Va., § 3.1-796-68.

Sec. 3-8(2) 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. 3-8(3). Animals riding in open vehicles.

It shall be unlawful for the operator of any motor vehicle on a public 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:

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

      The rear storage portion of a vehicle with the tailgate, trunk 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. 3-8(4). Animals in Enclosed Vehicle.

It shall be unlawful to leave a dog or cat in an enclosed vehicle without the benefit of air conditioning when the outside temperature reaches 80 degrees Fahrenheit or greater.

Sec. 3-8(5). 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 a condition as to constitute a direct and immediate threat to its live, safety or health.

The owner of any animal, fowl or reptile impounded pursuant to this article 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.

The owner of any animal held pursuant to this Article for more than thirty days is required to post a bond in surety with Gloucester County for the amount of the cost of boarding the animal until the appropriate hearing can be concluded in the General District Court, but in no case, such time shall not exceed nine (9) months.

(State law reference § 3.1-796.115)

Sec. 3-9. Gloucester Sanitary District No. 1 declared bird sanctuary, when posted by citizens’ groups; violations and penalties.

(a) Permission is hereby given by the board of supervisors for any group of private citizens to post the boundary lines of Gloucester Sanitary District No. 1 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 Gloucester Sanitary District No. 1 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 his dog to hunt therein. Any person convicted of a violation of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be sentenced to jail not exceeding thirty (30) days, or both, and shall be responsible for all damage; provided, that the minimum fine for permitting a dog to hunt within such sanitary district shall be fine dollars ($5.00) (Ord. of 2-27-70)

Editor’s note—By order of the circuit court of Gloucester County, dated November 12, 1935, recorded in Common Law Order Book 11, at Page 69, and in Deed Book 64 at Page 5, Gloucester Sanitary District No. 1 was created pursuant to a plat of survey of R. F. Heywood, certified surveyor, dated October 11, 1935 and of record in clerk’s Plat Book 1 at pages 62 and 63 in the clerk’s office of the circuit court of Gloucester County. The district was enlarged by order of the circuit court of Gloucester County, dated March 5, 1957, recorded in Common Law Order Book 14 at page 328 and in Deed Book 108 at page 242 pursuant to a plat of survey of R.F. Heywood, certified surveyor, dated November 16, 1956, and recorded in clerk’s Plat Book 1 at page 384 in the clerk’s office of the circuit court of Gloucester County.

Sec. 3-9.1. Goshen, Abingdon Magisterial District Declared bird sanctuary, when posted by citizen’s groups; violations and penalties.

        (a) Permission is hereby given by the board of supervisors for any group of private citizens to post the boundary lines of the following described property (Goshen) 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:

Beginning at a point at the intersection of State Routes 626 and 629, thence in a generally easterly direction along the northern boundary of the right-of-way of State Route 626 a distance of approximately 3,069 feet to an iron pipe, thence N 23°44’19" E a distance of 1,714.97 feet to an iron rod, thence N 83°35’49" E a distance of 28.91 feet to an iron rod, thence N 23°44’56" E a distance of 6.65 feet to an iron rod, thence S 88°22’02" E a distance of 162.69 feet to an iron pipe, thence S 71°30’34" E a distance of 39.42 feet to an iron pipe, thence N 87°38’07" E a distance of 176.35 feet to an iron pipe, thence N 75°44’47" E a distance of 103.94 feet to an iron pipe, thence N 46°51’27" E a distance of 239.52 feet to an iron pipe, thence in a generally northeasterly direction along the center line of a ditch and stream a distance of approximately 1,180 feet to an intersection with the Ware River, thence in a generally northwesterly direction along the shore of the Ware River a distance of approximately 12,030 feet to its intersection with a small stream, thence in a generally southerly direction along the center line of the small stream a distance of approximately 900 feet to an iron pipe, thence S 61°38’13" E a distance of 139.58 feet to an iron rod, thence S 57°22’51" E a distance of 59.36 feet to an iron rod, thence S 37°47’12" E a distance of 198.83 feet to an iron rod, thence in a generally southeasterly direction along the eastern boundary of the right-of-way of State Route 629 a distance of 437.77 feet to an iron rod at the intersection of State Route 629 and State Route 728, thence in a generally southeasterly direction along the eastern boundary of the right-of-way of State Route 728 a distance of 514.81 feet to an iron rod, thence S 18°27’33" W a distance of 40.00 feet to an iron rod, thence in a generally northwesterly direction along the western boundary of the right-of-way of State Route 728 a distance of 19.03 feet to an iron rod, thence S 21°57’40" W a distance of 683.93 feet to an iron rod, thence in a generally southerly direction along the eastern boundary of the right-of-way of State Route 629 a distance of approximately 1,355 feet to the point of beginning, and 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.

(b) When signs are posted along the aforesaid boundary lines of Goshen 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 area, or to permit his dog to hunt therein. Any person convicted of a violation of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be sentenced to jail not exceeding thirty (30) days, or both and shall be responsible for all damage; provided, that the minimum fine for permitting a dog to hunt within such area shall be five dollars ($5.00)       (Ord. of 11-15-88)

Sec. 3-10. Casting carcass in road; disposition of carcasses.

(a) If any person cast any dead animal or fowl into a road or knowingly permits any dead animal or fowl to remain unburied upon his property when offensive to the public or, having in custody any maimed, diseased, disabled or infirm animal or fowl, leaves it to lie or be in a street, road or public place, he shall be fined not exceeding five hundred dollars ($500.00).

(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 do so, 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. Any person violating the provisions of this subsection shall be subject to a fine not exceeding two hundred fifty dollars ($250.00) for each offense.

State law references—Casting animal carcass into road or allowing dead animal to remain unburied upon one’s property, Code of Va., § 18.2-323; authority of county to enact subsection (b), above, Code of Va., § 18.2-510.

ARTICLE II. DOGS ^*

DIVISION I. GENERALLY

Sec. 3-11. Animal warden 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 warden and his deputies shall enforce the provisions of this article and the applicable provisions of Chapter 27.4, Title 3.1 of the Code of Virginia within this county, under the general supervision of the county administrator.

(10-24-58; 10-24-69, § D; Ord. of 2-4-92)

Sec. 3.11.1. Penalty for violation of Article II.

Any person convicted of a violation of this article, unless a penalty is otherwise specified, shall be punished by a fine of not more than two hundred fifty dollars ($250.00).

(Ord. of 3-4-97)

Sec. 3-12. 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.

(Ord. of 3-7-89)

State law reference – Similar provisions, Code of Va., § 3.1-796.85 et. seq.

Sec 3-13. Amount of license tax, kennel tax; exemptions.

(a) The amount of license tax shall be six dollars ($6.00) for each dog, whether male or female. The amount of license tax for, a neutered male or spayed female upon presentation of an appropriate certificate from a licensed veterinarian or other proof sufficient for the treasurer, shall be three dollars ($3.00). The tax for dog kennels shall be as follows: For kennels containing not more than ten (10) dogs, the tax shall be twenty-five dollars ($25.00); for kennels containing not less than eleven (11) nor more than twenty (20) dogs, the tax shall be thirty-five dollars ($35.00); and for kennels containing twenty-one (21) dogs, or more, the tax shall be fifty dollars ($50.00). Duplicate licenses to replace current previously purchased licenses shall be issued by the treasurer for twenty-five cents ($0.25).

State law reference--Section 3.1-796.87

(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 "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.

(9-25-64, § 1.2; 10-22-71; Ord. of 10-26-77; Ord. of 9-7-93; Ord. of 3-4-97)

State law reference—similar state law, Code of Va., § 3.1-796.87.

Sec. 3-14. When license tax due and payable.

(a) On January first and not later than January thirty-first of each year, the owner of any dog, four (4) months or more of age, shall pay a license tax as prescribed in section 3-13.

(b) If a dog shall become four (4) months of age or come into the possession of any person between January first and November first of any year, the license tax for the current calendar year shall be paid forthwith by the owner.

(c) If a dog shall become four (4) months of age or come into the possession of any person between October thirty-first and December thirty-first of any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such license shall be valid from the date of purchase.

(d) 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.

(9-25-64, § 1.3; Ord. of 2-5-91)

State law reference—Similar state law, Code of Va., § 3.1-796-88.

Secs. 3-15, 3-16. Reserved.

Editor’s note—An ordinance of April 21, 1987, deleted §§ 3-15 and 3-16, which related to rabies vaccinations and certificates therefore. Said sections bore no history note.

Sec. 3-17. Certification of inoculation or vaccination prerequisite for issuance of license.

No license tag shall be issued for any dog unless there is presented, at the time application for license is made, evidence satisfactory to the treasurer showing that such dog has been inoculated or vaccinated against rabies by a currently licensed veterinarian.

(Ord. of 3-4-97)

State law reference—Evidence of vaccination or inoculation required in order to obtain dog license, Code of Va., § 3.1-793.86.

Sec. 3-18. Issuance and design of license tag; required wearing of tag.

Upon payment of the license tax for any dog and display to the treasurer of a veterinarian’s certificate showing that such dog is deemed to be immune to rabies for the license year for which application has been made, the treasurer shall issue his receipt for the license tax, together with a metallic dog license tax, of uniform design. Such tax shall bear a serial number and shall be stamped or otherwise permanently marked to show the name of the county, the sex of the dog and the year for which the tag is issued. Such 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.

(9-25-64, § 1.3; Ord. of 4-17-90)

Sec. 3-19. Reserved.

Sec. 3-20. Accounting for licenses; duties of treasurer; records; disposal of unsold license tags.

The treasurer shall keep appropriate records regarding the sales of dog licenses. At the end of the fiscal year, after the last official external audit, the treasurer shall dispose of all unsold dog tags.

(95-25-64, § 1.4; Ord. of 3-4-97)

Sec 3-21. Penalties for false statement in procuring license.

It shall be unlawful and shall constitute a Class 2 misdemeanor for any person to make a false statement in order to secure a dog license to which he is not entitled.

(9-25-64, § 1.5)

State law reference—State law basis of above section, Code of Va., § 3.1-796.128, 18.2-403.3

Sec. 3-22. 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.

(9-25-64, § 1.6)

State law reference—Similar state law, Code of Va., § 3.1-796.103.

Sec. 3-23. Effect of dog not wearing collar bearing license tag as evidence.

Any dog not wearing a collar bearing a license tag of the proper calendar year 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.

(9-25-64, § 1.7)

State law reference—Similar state law, Code of Va., § 3.1-796.89.

Sec. 3-24. Reserved.

Sec. 3-25. Impoundment and redemption of dogs found at large without license tag.

The animal warden shall take up and impound, at a facility designated for such purpose by the board of supervisors, any dog found running at large without wearing a license tag for the current year, 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. Upon redemption of the dog, the owner or custodian shall pay an impoundment fee of fifteen dollars ($15.00) for each and every time the same animal is impounded, and a boarding fee of six dollars ($6.00) per day for each day that the animal remains impounded in the county’s facility.   (Ord. of 1-28-66; Ord. of 9-7-93)

Sec. 3-26. Dangerous and vicious dogs.   Until further notice all Dangerous Dog cases will be prosecuted under the State Law 3.1-796.93:1.

§ 3.1-796.93:1. Control of Dangerous or Vicious Dogs; Penalties.

A. The governing body of locality may enact an ordinance parallel to this statute regulating dangerous dogs and vicious dogs.

 B. 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, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) 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.

C. 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. 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. The Commonwealth shall be required to prove its case beyond a reasonable doubt. 

D. 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.

E. 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.

F. The owner of any animal found to be a dangerous dog shall, within 10 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of $50, in addition to other fees that may be authorized by law. The local animal control officer or treasurer 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. 

G. All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons 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 $100,000, 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 $100,000.

H. 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.

I. 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, within 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.

J. After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority 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 10 days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved.

K. 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; 

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; or

3. 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.

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.

L. 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.

M. All fees collected pursuant to this section, less the costs incurred by the animal control authority 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.

§ 3.1-796.93:3. Establishment of Dangerous Dog Registry.

The Commissioner shall establish the Commonwealth of Virginia Dangerous Dog Registry to be maintained by the Virginia Department of Agriculture and Consumer Services, Office of Veterinary Services. Each owner of any canine or canine crossbreed found by any court of competent jurisdiction to be a dangerous dog shall be required to register the animal as a dangerous dog within 45 days of such finding. The State Veterinarian shall receive, post, and maintain the information provided by the owner, animal control officers, and other such officials statewide on a website. All information collected for the Dangerous Dog Registry shall be available to animal control officers via the website. Registration shall include the name of the animal, a photograph, sex, age, weight, primary breed, secondary breed, color and markings, whether spayed or neutered, the acts that resulted in the dog being designated as dangerous and associated trial docket information, microchip or tattoo number, address where the animal is maintained, name of the owner, address of the owner, telephone numbers of the owner, and a statement that the owner has complied with the provisions of the dangerous dog order. The address of the owner along with the name and breed of the dangerous dog, the acts that resulted in the dog being deemed dangerous, and information necessary to access court records of the adjudication shall be available to the general public. By January 31 of each year, until such time as the dangerous dog is deceased, the owner shall submit a renewal registration that shall include all information contained in the original registration and any updates. The owner shall submit such a renewal every year until the dog is deceased. The owner shall verify the information is accurate by annual resubmissions. The owner shall submit to the State Veterinarian a $100 initial registration fee and a $35 renewal registration fee. In the event that the dangerous dog is moved to a different location, or contact information for the owner changes in any way at any time, the owner shall submit a renewal containing the address of the new location or other updated information within 10 days of such move or change. There shall be no charge for any updated information provided between renewals. Any funds collected pursuant to this section shall be used by the State Veterinarian to maintain the registry and website. The website list shall be known as the Virginia Dangerous Dog Register.

Actions of the Department relating to the establishment, operation, and maintenance of the Commonwealth of Virginia Dangerous Dog Registry under this section shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

2.  That § 3.1-796.117 of the Code of Virginia is repealed.

3.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

4.  The State Veterinarian shall provide to the General Assembly report of the progress in development of the Commonwealth of Virginia Dangerous Dog Registry on or before November 1, 2006, and shall have the Commonwealth of Virginia Dangerous Dog Registry operational on or before July 1, 2007.

Sec. 3-27 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.

(Reference Section 13-25 of the Gloucester County Code, 1983, as amended).

Secs. 3-28 – 3-30. Reserved

DIVISION  2.  DOGS RUNNING AT LARGE IN CERTAIN AREAS

Section 3-31.   Running At Large – Prohibited in Regulated Areas.

(a)               It shall be unlawful for the owner or custodian of any dog to allow such dog to run at large within the areas of the county described in the schedule of regulated areas specified in Section 3-32.

(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 his 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 officers or sheriff’s deputies 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 a supervised formal obedience training class or show, or during formally sanctioned field trials.

Section 3-32.   Official Schedule of Restricted Areas for Dogs Running At Large.

(a)               All property owned or leased by the County of Gloucester (All Parks & Playgrounds) or the School Board (All School Grounds) of Gloucester County; and

(b)               All property in Gloucester Sanitary District No. 1 (The Courthouse Area); and

(c)                The following subdivisions/areas:

Sec. 3-45. Civil penalties.

Pursuant to Section 3.1-796.94(B) of the Code of Virginia, 1950, as amended, any person summoned or issued a ticket for any violation of this chapter hereinafter delineated may make an appearance before the treasurer of this county, either in person or in writing, by mail, prior to the day fixed for trial on such summons or ticket, and upon such appearance waive any right to trial, admit liability, and pay the civil penalty shown:

(1) For failure to obtain a County license, as required by section 3-12 of this Code, thirty-five dollars ($35.00) for a first offense, fifty dollars ($50.00) if charged as a second offense, and one hundred dollars ($100.00) if charged as a third or subsequent offense.

(2) For failure to obtain or possess a current rabies inoculation certificate, as required by section 3-49 of this Code, fifty dollars ($50.00) for a first offense, and one hundred dollars ($100.00) if charged as a second or subsequent offense.

(3) For dog running at large, as described in sections 3-41 through 3-44 of this Code, both inclusive, thirty-five dollars ($35.00) for a first offense, fifty dollars ($50.00) if charged as a second offense, and one hundred dollars ($100.00) if charged as a third or subsequent offense.

(4) For not wearing a county license tag, as required by section 3-18 of this Code, twenty-five dollars ($25.00) for a first offense, thirty-five ($35.00) if charged as a second offense, fifty dollars ($50.00) if charged a third offense, and one hundred dollars ($100.00) if charged as a fourth or subsequent offense.

(Ord. of 3-4-97)

Secs. 3-46—3-48. Reserved.

ARTICLE III. RABIES CONTROL^*

Sec. 3-49. 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 cat, dog or ferret four (4) months or more of age within the county unless such cat, dog or ferret shall have been vaccinated or inoculated against rabies by a currently licensed veterinarian or by an animal technician certified pursuant to the Code of Virginia, with a serum and in a manner approved by the state board of health, and such vaccination or inoculation is currently effective to produce immunity to rabies as determined by the state board of health by reason of the type and dose of such vaccination or inoculation.

(b) Any person bringing a cat, dog or ferret 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.

(Ord. of 4-21-87, Ord. of 3-7-89)

State law reference—Requiring rabies inoculation for cats, rabies inoculation of dogs and domesticated cats, Code of Va., § 3.1-796.97:1.

Sec. 3-50. Certificate of inoculation or vaccination to be issued.

Upon the inoculation or vaccination of a cat, dog, or ferret 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, and which shall set forth the name and address of the owner or custodian of the cat or dog, a brief description of the cat, dog, or ferret, the type and dose of inoculation or vaccination used, the date of inoculation or vaccination and the period of time thereafter during which such cat or dog is deemed to be immune to rabies. The veterinarian or animal technician shall retain a duplicate or carbon 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 warden, officials of the Gloucester County heath department or other persons charged with enforcing this article, such certificate or other proof of inoculation or vaccination shall be made available for inspection.

(a) Any person bringing a cat, dog, or ferret 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.

(Ord. of 4-21-87)

Sec. 3-51. 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.

(Ord. of 4-21-87)

State law reference—Similar provisions, Code of Va., § 3-1-796.100.

Sec. 3-52. 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 health director the existence of such animal, the place where seen, the owner’s name, if known, and the symptoms suggesting rabies. Withholding information or giving false information concerning rabies shall be a Class 2 misdemeanor.

State law reference—Similar provisions, Code of Va., §3.1-796.97:1; 18.2-313.1

Sec. 3-53. 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 euthanized by one of the methods approved by the state veterinarian as provided in Section 3.1-796.96 of the Code of Virginia.

(Ord. of 4-21-87; Ord. of 3-4-97)

State law reference—Provisions similar to section, Code of Va., §3.1-796.98

Sec. 3-54. 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 though 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 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 as provided in Section 3.1-796.96 of the Code of Virginia. 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 ninety (90) days. The disposition of domestic pet animals other than dogs and cats will fall within the coverage of this section shall be determined by the health department.

(Ord. of 4-21-87; Ord. of 3-4-97)

State law reference—Similar provisions, Code of Va., § 3.1-796.98

Sec. 3-55. Confinement or destruction of animal which has bitten 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 a 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 health department or humanely euthanized as provided in Section 3.1-796.96 of the Code of Virginia and its head sent to the Division of Consolidated Laboratory Services of the Department of General Services or the local heath 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 as provided in Section 3.1-796.96 of the Code of Virginia.

(Ord. of 3-4-97)

State law reference—Similar provision, Code of Va., § 3.1-796.98.

Sec. 3-56. Concealing or harboring animal to prevent its destruction or confinement under article.

It shall be a violation of this article, and punishable under section 3-11.1 of this Code, for any person to conceal or harbor any dog or cat or other animal to keep the same from being destroyed or confined in accord with this article.

(Ord. of 4-21-87)

Sec. 3-57. Penalty for violation of Article III.

Any person convicted of a violation of this article shall be punished by a fine not more than two hundred fifty dollars ($250.00). (Ord. of 4-21-87; Ord. of 3-4-97).