HomeMy Public PortalAbout1978_01_11_O002ORDINANCE NO.
78-0-2
TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED January. 11~ 1978
ADOPTED January 11~ 1978
AN ORDINANCE:
AMENDING CHAPTER 4 OF THE TOWN CODE BY ADDING A
NEW ARTICLE REGARDING DOGS
ORDAINED by the Council of the Town of Leesburg, Virginia, as
follows:
SECTION I. That Chapter 4 of the Town Code is hereby amended
to read as follows:
Chapter 4
ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-1. Raising or keeping hogs prohibited.
It shall be unlawful for any person to raise or
keep any hog within the municipality.
Sec. 4-2. Confinement of livestock.
The owner or custodian of any livestock shall
keep such livsstock confined to his own premises, by
the erection of a suitable fence, so designed and
maintained that such livestock will not have access
to any adjacent property.
Sec. 4-3. Confinement of fowl.
The owner or custodian of any fowl shall keep such
fowl confined to his own premises.
Sec. 4-4.
Riding, leading or driving horses or mules
on sidewalks.
It shall be unlawful for any person to ride, lead
or drive any horse, mule or pony on any sidewalk of
the municipality.
Sec. 4-5. Killin~t slaughtering, etc., animals.
It shall be unlawful for any person to kill, butcher,
slaughter or dress any ox, beef, cow, hog, calf or sheep
within the municipality.
Sec. 4-6. Unlawful displayt handlin~ etc.~ of snakes.
(a) It shall be unlawful for any person to display,
exhibit, handle or use any poisonous or dangerous snake
or reptile in such a manner as to endanger the life or
health of any person.
(b) Any person violating the provisions of this
section shall be guilty of a misdemeanor and punished
by a fine of not less than $50.00 nor more than $150.00,
or by confinement in jail not exceeding six months, or
by both such fine and confinement.
ARTICLE II. CONTROL OF DOGS
Sec. 4-7. Definitions Generally.
For the purpose of this Article, unless otherwise re-
quired by the context, the following words and phrases have
the meanings indicated in this section:
(a) "Livestock" includes cattle, sheep, horses, goats,
swine and enclosed domesticated rabbits or hares.
(b) "Poultry" includes all 'domestic fowl and game
birds raised in captivity.
(c) "Owner" includes any person having a right of
property in a dog; any person who keeps or harbors a dog
or has it in his care, or who acts as its custodian; and
any person who permits a dog to remain on or about any
premises occupied by him.
(d) "Kennel" means an enclosure wherein dogs are
kept and from wh'ich they cannot escape designated for
that purpose.
(e) "Dog Warden" meams any dog warden and his as-
sistants appointed under this article and in accordance
with section 29-213.8 of the Code of Virginia (1950) as
amended.
~ (f) "Other Officer" includes sworn officers of
the town police department.
(g) "Treasurer" includes the treasurer of this
county, his lawfully designated agent or other officer
designated by law to collect taxes for the county.
Sec. 4-8. Authority for dog warden.
In accordance with section: 29-213.8 of the Code of
Virginia (1950), as amended, there is hereby created
the position of dog warden and provisions made for the
licensing and regulation of dogs in this town. The dog
warden for the town shall be the dog warden appointed by
the county. The duties of the dog Warden shall be those
provided for in section~ 29-213.8 of the State Code and such
other duties as may be authorized and regularly performed by
the dog warden in the county.
Sec. 4-9. Amount of Licenses.
It shall be unlawful for any person to own a dog six
months old or over in the town unless such dog is licensed,
as required by the provisions of this ordinance. Dog
licenses shall run by the calendar; namely, from January 1
to December 31, inclusive, and the license tax shall be
payable at the office of the treasurer and the license fee
amounts shall be identical to those in effect in the county:
Fertile Male
Infertile or Spayed Female
Fertile Female
Infertile Male
$3,00
3.00
5.00
3.00
Kennel, up to and including 20 dogs
Kennel, up to and including 50 dogs
$15.00
$25.00
Provided, however, that no license tax shall be levied
on any dog that is trained and serves as a guide dog.
Sec. 4-10. When license tax payable
The license tax on dogs shall be due and payable as
follows:
(a) On or before January 1 and not later than
January 31 of each year, the owner of any dog six months
old or older shall pay a license tax as prescribed in
the preceding section.
(b) If a dog shall become six months of age or if
a dog over six months of age unlicensed by this town shall
come into the possession of any person in this town between
e
January 1 and November 1 of any year, the license tax for
the current calendar year shall be paid forthwith by the
owner.
(c) If a dog shall become six months of age or
if a dog over six months of age unlicensed by this town
shall come into the possession of any person in this town
between October 31 and December 31 of any year, the license
tax for the succeeding calendar year shall be paid forthwith
by the owner and such license shall protect the dog from the
date of payment of the license tax.
Sec. 4-11. Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to
appear before the judge of the general district court or
other court for failure to do so within the time required
shall not operate to relieve such owner from the penalties
provided.
Sec. 4-12.
The effect of a dog not wearing collar as
evidence.
Any dog not wearing a collar bearing a license tag
of the proper calendar year shall ~rima facie be deemed to
be unlicensed, and in any proceedings ~n~-~his ordinance
the burden of proof of the fact that the 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. 4.13. How to obtain license.
Any town resident may obtain a dog license by making
oral or written application of the treasurer, accompanied
by the amount of the license tax and certificate of rabies
vaccination. Such certificate of vaccination or innoculation
shall be signed by a licensed veterinarian certifying that
the dog for which the license is to be issued has been
vaccinated or innoculated by such veterinarian within a
period of 36 months with a modified live virus (Flury Strain)
rabies vaccine or vaccinated within a ~eriod of 12 months
with a killed (Phenolized) rabies vacczne. The certifi-
cate shall show the date of innoculation, type of vaccine
used (whether modified live virus or killed virus), the sex
and breed of the dog and the name of the owner. No certifi-
cate or affidavit other than the above-described certificate
or a duplicate issued by a licensed veterinarian shall be
accepted by the treasurer. The proper application for and
issuance of licenses shall be in accordance with any rules
or procedures adopted by the county.
Sec. 4-14. What dog licenses shall consist of.
A dog license shall consist of a license receipt and
a metal tag in the style and design adopted by the Virginia
Commission of Game and Inland Fisheries. The tag shall be
stamped or otherwise permanently marked to show the name
of the county, sex of the dog, the calendar year for which
issued and the serial number. The license tag for a kennel
shall show the number of dogs authorized to be kept under
such license and have attached thereto a metal identification
plate for each of such dogs, numbered to correspond with the
serial number of the licensed dog, except that a license
tag issued for a boarding kennel shall not have such metal
identification plate attached.
Sec. 4-15. Duplicate license tags.
If the dog license shall become lost, destroyed, or
stolen, the owner or custodian shall at once apply to the
treasurer who issued the same for a duplicate license tag,
presenting the original license receipt. Upon affidavit
of the owner or custodian before the treasurer that the orig-
inal license has been lost, destroyed, or stolen, he shall
issue a duplicate license tag which the owner or custodian
shall immediately affix to the collar of the dog. The
treasurer shall endorse the number of the duplicate and the
date issued on the face of the original license receipt.
The fee for a duplicate tag shall be $1.00.
Sec. 4-16. Displaying receipts; dogs to tags.
Dog license receipts shall be carefully preserved by
the licensees and exhibited promptly on request for in-
spection by any dog warden or other officer. Dog license
tags shall be securely fastened to a substantial collar by
the owner or custodian and worn by such dog, and it shall
be unlawful for the owner to permit any licensed dog six
months old or over to run or roam at large at any time with-
out a license tag, except that when engaged in lawful
hunting, in the open season and accompanied by the owner
or custodian, the collar and tag may be temporarily removed.
The owner of the dog may remove the collar and license tag
required by this section (a) when the dog is engaged in
lawful hunting, (b) when the dog is competing in a dog show,
(c) when the dog has a skin condition which would be
exacerbated by the wearing of a collar, (d) when the dog is
confined, or (e) when the dog is under the immediate control
of its owner.
Sec. 4-17. Regulating kennel dogs.
The owner of a kennel shall securely fasten the
license tag to the kennel enclosure in full view and
keep one of the identification plates provided therewith
attached to the collar of each dog authorized to be kept
enclosed in the kennel; provided, however, that this require-
ment shall not apply to dogs being temporarily boarded in
a kennel, and not personally owned by the owner or operator
of the kennel. Any identification plates not so in use must
be kept by the owner or custodian and promptly shown to any
dog warden or other officer upon request. A kennel dog
shall not be permitted to stray beyond the limits of the
enclosure but this shall not prohibit removing dogs therefrom
temporarily while under the control of the owner or custodian
for the purpose of exercising, hunting, breeding, trial or
show. A kennel shall not be operated in such manner as to
defraud the town of the license tax applying to dogs which
cannot be legally covered thereunder or to in any manner
violate other provisions of this ordinance.
Sec. 4-18. Licensed dogs deemed personal property.
Ail dogs shall be deemed personal property and may be
subject of larceny and malicious or unlawful trespass, and
the owners thereof may maintain any action for the killing
of any such dogs, or injury thereto, or unlawful detention
or use thereof as in the case of other personal property.
It shall be unlawful for any person except the owner or
his authorized agent to administer poison to any such dog
or to expose poison where it may be taken by any such dog,
or to injure, disfigure, disable, or kill any dog except
as otherwise provided in this ordinance. The owner of any
dog which is injured or killed contrary to the provisions
of this ordinance by any person shall be entitled to recover
the value thereof or the damage done thereto in an appro-
priate action at law from such person. A dog warden or other
officer finding a stolen dog, or a dog held or detained
contrary to law, shall have authority to seize and hold
such dog pending action before the general district or other
court. If no such action is instituted within five days,
the dog warden or other officer shall deliver the dog to
its owner. The presence of a dog on the premises of a
person other than its legal owner shall raise no presumption
of theft against the owner of such premises, and the dog
warden may take such dog in charge and notify its legal
owner to claim him. The legal owner of the dog shall pay
a reasonable charge to the county for the keep of such dog
while in the possession of the dog warden.
Sec. 4-19. Running at large.
It shall be unlawful for any owner to permit his or her
dog to run at large as hereinafter defined. For the purpose
of this article, 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 under its owner's or custodian's
immediate control. It shall be the duty of the dog warden
or other officer to enforce the provisions of this section
and any owner who, after having been notified by any dog
warden or other officer of the law that his or her dog is
running at large, permits said dog to run at large or remain
unconfined, unrestricted or not penned up thereafter, shall
be deemed to have violated the provisions of this article.
Sec. 4-20.
Dogs killing or injuring sheep or other
livestock.
It shall be the duty of any dog warden or other officer
who may find a dog in the act of killing or injuring live-
stock or poultry to kill such dog forthwith whether such
dog bears a tag or not, and any person finding a dog committing
any of the depredations mentioned in this section, shall have
the right to kill such dog on sight. The General District
Court, or any other court of jurisdiction, shall have the
power to order the dog warden or other officer to kill any
dog known to be a confirmed poultry or livestock killer.
Any dog killing fowl or livestock for the third time shall
be considered a confirmed livestock or poultry killer. Any
dog warden or other person who has reason to believe that
any dog is killing livestock or committing any of the
depredations mentioned in this section, shall apply to a
magistrate who shall issue a warrant requiring the owner or
custodian, if known, to appear before the judge of the general
district court at the time and place named therein, at which
time evidence shall be heard and if it shall appear that such
a dog is a livestock or poultry killer, or has committed any
of the depredations mentioned in this section, the dog shall
be ordered killed immediately, which the dog warden, or
other officer designated by the judge of the general district
court to act, shall do.
Sec. 4-21.
Compensation for livestock and poultry killed
by dogs.
Any person who has any livestock or poultry killed or
injured by any dog not his own shall be entitled to receive
from the county as compensation the fair market value of
such livestock or poultry, provided that: (a) the dog warden
or other officer shall have been notified of the incident
within 72 hours of its discovery; (b) the claimant has
furnished evidence within 60 days of discovery of the quantity
and value of the dead or injured livestock and the reasons
the claimant believes that death or injury was caused by a
dog; and (c) that the dog warden has conducted an investiga-
tion and that his investigation supports the claim. If
there are not sufficient moneys in the dog fund to pay these
claims, they shall be paid in the order they are received
when moneys become available. Upon payment under this
section, the county shall be subrogated to the right of
action of the owner of the livestock or poultry against the
owner of the dog, to the extent of compensation paid, and
may enforce the same in an appropriate action at law.
Sec. 4-22. Confinement and disposition of stray dogs.
It shall be the duty of the dog warden finding any
dog running at large to deliver such dog to a county dog
pound. Any such dog so confined shall be kept for a period
of not less than five days, unless sooner claimed by the
owner thereof, who in order to have the dog delivered to him
shall pay all costs, and the license fee on such dog, if
not already paid. After five days, such dog may be humanely
destroyed, or disposed of by sale or gift to a federal agency,
state-supported institution, agency of the Commonwealth,
agency of another state, licensed federal dealer, or hy
delivery to any local humane society, shelter, or to any
resident of the county who will pay the required license fee,
if any, on the dog. Such delivery shall be with the under-
standing that should the legal owner thereafter claim the dog
and prove his ownership, he may recover such dog by paying
to the person to whom it was delivered the amount of the
license fee paid by him and a reasonable charge for the keep
of the dog while in his possession. Nothing contained
herein shall prohibit the destruction of a critically
injured or critically ill dog for humane purposes.
Sec. 4-23. Disposal of dead dogs·
The owner of any dog which has died from disease or
other casue shall forthwith cremate or bury the same. If
the owner fails to do so, after notice, the dog warden or
other officer shall cremate or bury the dog and shall re-
cover on behalf of the county from the owner its cost for
this service.
Sec. 4-24. Rabid dogs.
It shall be the duty of any person having knowledge
of the existence of an animal apparently afflicted with rabies
to report immediately to the Health Department the existence
e
of such animal, the place where the animal was seen, the
owner's name, if known, and the ~ymptoms suggesting rabies.
Any dog bitten by an animal believed to be afflicted
with rabies shall be destroyed immediately or confined in
a pound, kennel or enclosure approved by the Health Depart-
ment for a period not to exceed six months at the expense
of the owner; provided that if the bitten dog has been
vaccinated against rabies within one year, the dog shall
be revaccinated and confined to the premises of the owner
for thirty days.
At the discretion of the Director of the Health Depart-
ment, any animal which has bitten a person shall be confined
under competent observation for ten days, unless the animal
develops active symptoms of rabies or expires before that
time; provided that a seriously injured or sick animal may
be humanely euthanized and its head sent to the Health De-
partment for evaluation.
The Director of the Health Department shall provide
~reatment to any person bitten by a rabid animal within the
town.
Sec. 4-25. Other unlawful acts.
(a) The following shall be unlawful acts. Any person
convicted by the General District Court of violating the
rovisions of this section may be fined not more than
100.00 and each days' violation shall constitute a sepa-
rate offense.
(1) License application. - For any person to
make a false statement in order to secure a dog license
to which he is not entitled.
(2) License tax. - For any dog owner to fail to
pay the license tax required by this chapter before February
first for the year in which it is due. In addition, the
court may order confiscation and the proper disposition of
the dog.
(3) Diseased dogs. - For the owner of any dog
with a contagious or infectious disease to permit such
dog to stray from his premise if such disease is known
to the owner.
(4) Removing collar and tag. - For any person,
except the owner or custodian, to remove a legally acquired
license tag from a dog.
10.
(5) Concealing a dog. - For any person to
conceal or harbor any dog on which the license tax has not
been paid, or to conceal a mad dog to keep the same from
being killed.
(6) Dog noise. - For any person to own, possess
or harbor any dog of any age which frequently or for continued
duration howls, barks, or makes other sounds which annoy or
disturb a reasonable person of normal sensitivities across
a residential real property boundary or through a partition
common to two persons within a building.
(7) Dog odor. - For any person who owns, possesses
or harbors a dog to maintain such dog in a manner which causes
odor offensive to a reasonable person of normal sensitivities
across a real property boundary or through a partition common
to two persons within a building.
(8) Complaints of violations of sections 4-25(6)
or 4-25(7) shall be referred to the town police department
for action. If, after notification by the police department
any person owning, possessing or harboring a dog which is the
source of such complaint fails to correct the condition
complained of within a reasonable period of time a summons
shall be issued to such person.
(9) Any other violation of this article for which
specific penalty is not provided.
(b) Any person convicted by the General District Court
of presenting a false claim or receiving any money on a false
claim under section 4-21 of this article may be punished by
a fine of not more than $1,000 or by imprisonment for not
more than 12 months, or by both such fine and imprisonment.
Sec. 4-26. Distribution of fines.
All fines collected from any person for violating any
provisions of this article except Section 4-25(6) and
4-25(7), upon conviction thereof, shall be credited to the
general fund of the County of Loudoun and deposited by the
treasurer.
SECTION II. Severability. Should any section, subsection,
sentence, clause or phrase of this ordinance be declared invalid by
a court of competent jurisdiction, such decisions shall not affect
the validity of this ordinance in its entirety or of any part there-
of, other than that so declared to be invalid. This council hereby
declares that it would have adopted this ordinance and each section,
11.
subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION III. An emergency is declared and this ordinance shall
be effective upon its passage.
PASSED this llth day of
January , 1978.
ATTEST:
Clerk~f Council
Mary A~ne Newman, Mayor
Town of Leesburg