Loading...
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