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HomeMy Public PortalAbout1997_10_14_O034The Town of Leesburg, rgm a ORDINANCE NO. AN ORDINANCE: PRESENTED October 14, 1995' 97-0-34 ADOPTED October 14, 1997_ AMENDING SECTION 4-27 OF THE TOWN CODE TO REPLACE EXISTING LANGUAGE WITH LANGUAGE FROM THE COUNTY OF LOUDOUN CODE OF ORDINANCES WHEREAS, the County of Loudoun Director of the Department of Animal Care and Control has advised that the town's code must be updated to allow the county to perS)rm animal control services in Leesburg; and WHEREAS, the language included in Section 612.215 of the County of Loudoun Code of Ordinances should be included in the Town Code to ensure animal control services provided to citizens outside the corporate limits of Leesburg are provided to Leesburg citizens. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 4-27 of the Town Code, Vicious and destructive animals is hereby repealed and replaced as follows: Section 4-27 Dangerous and Vicious Dogs. (a) As used in this section: (1) "Dangerous dog" means a canine or canine crossbreed which has bitten, attacked or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal. (2) "Vicious dog" means a canine or canine crossbreed which has killed a person or inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health or serious impairment of a bodily function, or which continues to exhibit the, behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding. (b) Any animal warden who has reason to believe that a canine or canine crossbreed within his or her 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. -2- ORDINANCE: AMENDING SECTION 4-27 OF THE TOWN CODE The animal warden or owner shah confme the animal until such time as evidence shah 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 shah 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 shah order the animal euthanized in accordance with the provisions of Section 3.1-796.119 of the Code of Virginia, as mnended. (c) No canine or canine crossbreed shah be found to be a dangerous dog or vicious dog solely because it is a particular breed. No animal shah be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, committing, at the time, a willful trespass or other tort upon the premises occupied by the animars owner or custodian, or provoking, tormenting or physically abusing the animal, or can be shown to have repeatedly provoked, tormented or physically abused or assaulted the animal at other times. No pohce dog which was engaged in the performance of its duties as such at the time of the acts complained of shah be found to be a dangerous dog or vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring or its owner or owner's property, shah be found to be a dangerous dog or a vicious dog. (d) The owner of any animal found by a court to be a dangerous dog shall, within ten days of such Finding, obtain a dangerous dog registration certificate from the anflnal warden for a fee of Fifty dollars ($50.00), in addition to other fees that may be authorized by law. The animal warden shah also provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affLx the tag to the animal's collar and ensure that the animal wears the collar and tag at aH 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. (e) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence of the animal's current rabies vaccination, ff apphcable, and evidence that tlhe animal is and will be confined in a proper enclosure, is and will be confined inside the owneFs 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 shah not be issued a certificate or renewal thereof unless they present satisfactory evidence that 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 that the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (f) While on the property of its owner, an animal found by a court to be et dangerous dog shah 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 shah be designed to provide the animal shelter from the elements of nature. When off its owner's property, an animal found by a court to be a dangerous dog shah be on a leash and muzzled in such a manner as not to cause injury to -3- AN ORDINANCE - AMENDING SECTION 4-27 OF THE TOWN CODE the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (g) If the owner of an animal found by a court to be a dangerous dog is a minor, the custodial parent or legal guardian shah be responsible for complying with all requirements of this section. (h) After an animal has been found by a court to be a dangerous dog, the animal's owner shall immediately, upon learning of the same, notify the local animal control authority if the animal is loose or unconfmed, bites a person or attacks another animal, is sold, given away or dies, or has been moved to a different address. (i) The owner of any animal which has been found by a court to be a dangerous dog, who willfully fails to comply with the requirements of this section, shah be guilty of a Class One misdemeanor. (j) 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 specially dedicated fund in the treasury of the county for the purpose of paying the expenses of any training course required under Section 3.1- 796.105 of the Code of Virginia, as amended. SECTION II. This ordinance shah be in effect upon its passage· PASSED this 14th day of October, 1997· · Clem, Mayor Town of Leesburg ATTEST: Clerk of Council o:DOG