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HomeMy Public PortalAbout1990_06_13_O016L~'b~YrK in WirKi. ia ORDINANCE NO. AN ORDINANCE: PRESENTED June 13. 1990 90-0-16 ADOPTED June 13, 1990 AMENDING CHAPTER 4, ARTICLE II OF THE TOWN CODE TO AUTHORIZE THE LOUDOUN COUNTY ANIMAL CONTROL DEPARTMENT TO IMPOUND VICIOUS AND DESTRUCTIVE ANIMALS IN THE TOWN OF LEESBURG WHEREAS, the Town Code does not currently empower the County to impound animals that are a threat to persons and property; and WHEREAS, the Commonwealth Attorney, Town Attorney, Police Chief and Animal Control Warden recommend that the Town Council authorize the Loudoun County Animal Control Department to impound vicious and destructive animals. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 4, Article II of the Town Code is amended by adding the following Section 4-27. Sec. 4-27. Vicious and Destructive Animals (a) No person shall keep, in the town, an animal which is known by such person to be vicious, which has evidenced a disposition to attack human beings without provocation or which is known to be destructive of property.. However, such an animal may be kept where adequate provisions to protect persons and/or property, from such animal have been made. (b) An actual attack by such animal upon a person conducting himself in a lawful manner at the time of such attack, whether such attack occurs on or off the property, of the owner or custodian of such animal, shall be deemed prima-facie evidence that such adequate provisions as mentioned in subsection (a) hereof were not made. (c) If a person is charged with a violation of this section, the animal allegedly kept in violation thereof may be impounded by the Animal Warden until such time as the owner or custodian thereof provides evidence that adequate provisions have been made to protect persons and/or property from such animal, which provisions may include, but are not limited to, securing such animal on the premises of the owner or custodian with defined limitations of access, muzzling or both. An animal released under such conditions shall be kept under such restraint, and a person failing to keep such animal under such restraint~ after release from impoundment~ shall be deemed guilty of a separate violation of this section. (d) The owner or custodian redeeming such animal from impoundment as provided in subsection (c) hereof shall also make: Payment of the current pick-up fee established by the Loudoun County Animal Control Department~ and Payment of the current boarding fee established by the Loudoun County Animal Control Department. If the animal is a dog, the owner or custodian shall furnish a current dog license therefor. AN ORDINANCE: -2- AMENDING CHAPTER 4, AttTICLE II OF THE TOWN CODE TO AUTHORIZE THE LOUDOUN COUNTY ANIMAL CONTROL DEPARTMENT TO IMPOUND VICIOUS AND DESTRUCTIVE ANIMALS IN THE TOWN OF LEESBURG (e) An animal not redeemed within ten working days of disposition by the court of the original charge shall be dealt with in the same manner as if the dog had been impounded for being unrestricted. However, any disposition of the original charge of a violation of this section, other than a finding of gull ,ty, shall invalidate the effect of the section. SECTION II. This ordinance shall be effective upon adoption. PASSED this lSth day of June , 1990. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Cler~ of C'ou~cil ' I (~/ O:animals