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HomeMy Public PortalAbout2009_08_11_O011 - Animal Coder,. j.~ ~ ~ ~ , ni~iFS~NTFr~: nn~~zst l , ~~a c~ii~IN~l~icl! Nt}. ~o~-c~-oa`i r~1DC7I}~IrI~: :~aa~;t}~t Ia, 2aov AN t)I2BINANCF: t~MLiNDING rIND RIiC}R1~AININU .AR"I'ICLL> I, ANI3 II OF I~HAYTIR ~ ()I= "I'iIF:'1'(~4S?N C{}T?F:'S r1NIi4AL C7RL71NAN~E The Td~~~n Cotziacil ol'Leesbttrg, Virginia, ordains. SF~'I'ION I: That the 1'olloti~•iiag seotions ©1`the Tawn Code oI'the Tavuia'nf Lees6arg; 1}ir~inia, 20{I9, as a}ieiaded, lic acid the same is heieby amended tt3 i•eacl as fallo~rs: eiftTICLG I, I~ G~1~ERt1[1 ~Ee.4:1, et~inikioas Faai khe mar >~ aF tlai_____ s Chanter, the fnllo~~in~ Ovoids and ~htases 1aa1~e<the follousin~ rieanings unless other s{rise dcfnecl aa~itlin this C:ha~ter: Anita}rrl meaaas any nolihimzan vertebrate species except for fish. I~esiclenticzt sir6itivr`s~i~n includes all areas. of fhc#orvn platted and subdieidedfai~ residential use• Livestock includes all domestic- tae donaesticatedt btavine animals equine animals; ~+vine -2- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE foxes bears raccoons weasels, skunks, badgers, civets, lingsangs, Genets, fossas, mop og oses, hyenas aardwolf big cats bats European hare, European rabbits and prairie doffs. Mollusks include the zebra mussel. Reptiles include alligators, caimans, brown tree snakes, crocodiles and gavials. Companion animals as defined in the state code are excluded from this definition. nonnative (exotic) mammal fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate and includes any hybrid of them, except as otherwise specified in regulations of the board or part,product, egg, or offs~ng of them, or the dead body or parts of them. Examples of animals defined as "wild" shall include the live monkey (nonhuman primate), raccoon skunk wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other non- domesticated warm-blooded animal typically found in the wild including_poisonous snakes, tarantulas and scorpions Ferrets, nonpoisonous snakes less than six (6) feet in length, domestic rabbits domestic rodents which have been bred in captivity and have never known the wild and companion animals as defined in the state code shall be excluded from this definition. Sec. 4-I.l Raising or keeping hogs and tivild, exotic or vicious animals prohibited. It shall be unlawful For any person to raise or keep any hog or any wild, exotic or vicious or animal °' °"°•°°a °~a°^'"° ° •~'° ° °'°'° °°a° within the town. (Code 1963, § 3-I; Code 1976, § 4-I; Ord. No. 78-0-2, § 1, 1-I1-1978) State law references: Authority of to prohibit keeping of animals, Code of Virginia, § 3.2- 6544. Sec. 4-2. Confinement and keeping of livestock. The owner or• custodian of any livestock shall keep such livestock 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. No person shall keep any livestock in any area of the town that is located in a residential subdivision. (Code 1963, § 3-3; Code 1976, § 4-2; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Authority to prohibit running at large of animals, Code of Virginia, § 3.2- 6544. Sec. 4-3. Confinement and keenine of poultry: exception The owner or custodian of an py oultry shall keep such on ultty confined to his own premises. No person shall keep anypoulriv, including water fowl and roosters in any area in town that is located in a residential subdivision, except for chickens. (Code 1963, § 3-2; Code 1976, § 4-3; Ord. No. 78-0-2, § 1, 1-11-1978; Ord. No. 2009-0-009, § V(Att. A), 6-23-2009) State law references: Authority to prohibit running at large of fowl, Code of Virginia, § 3.2- 6544. P:\Ordinances~2009\08I 1 Enforcement of Mimnl Code Sections (Revised).docx 8/12/2009 -3- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE 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 town. (Code 1963, § 3-4; Code 1976, § 4-4; Ord. No. 78-0-2, § 1, 1-1 I-1978) Sec. 4-5. Killing, slaughtering, etc., animals. It shall be unlawful for auy person to kill, butcher, slaughter or dress any "°°F ^^~°, "^°, °°" er•-sheep livestock or poulhy except for chickens within the town. (Code 1963, § 12-4; Code 1976, § 4-5; Ord. No. 78-0-2, § 1, 1-I 1-1978) Sec. 4-6. Unlawful display, handling, etc., of snakes and reptiles. (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. (Code 1963, § 15-46; Code 1976, § 4-6; Ord. No. 78-0-2, § I, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 18.2-313. Sec. 4-7. °°-•-~~* ~•°^~~~-'°'' `°''°°° Wild, exotic or vicious animals running at large. > > (ba) It shall be unlawful for the owner of any wild, exotic or vicious animal to allow such wild, exotic or vicious animal to run at large in the town. It shall be the duty of the animal control officer who finds any wild, exotic or vicious animal running at large :nw~^'°''^~ ^Ptms-s~a.'.~.. to take such wild, exotic or vicious animal into custody. Secs.4-8--4-25. Reserved Sec.4-8. Enforcement (a) Upon notice from the town or county an owner or• custodian of any animal in violation of this Chapter shall within five (5) days remove such animal. (b) In the event the owner or custodian fails to comply with said notice, the animal control officer as defined in Section 4-28 of this Chapter shall impound any animal kept in violation of this Chapter as set forth in the "Animal Control Services Agreement Between the County of Loudoun, Virginia and the Town of Leesburg" entered into on January 4, 2005. (c) In the event the animal control officer as defined in Section 4-28 of this Cha>] te1' impounds an animal in violation of this Chapter the cost or expenses thereof shall be chargeable to and paid by the owner of such animal and may be collected as taxes are P:\Ordinances~2009108i I Enforcement of Animal Code Sections (Revised}.docx 8 /1 212 009 -4- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE collected from the County of Loudoun, and credited to the general fund of the county and deposited by the treasurer. Sec.4-9 Penalties. In addition to other penalties as provided b~aw, violation of any provision of this Chapter constitutes a Class 4 misdemeanor All fines collected from andperson for violating any provisions of this Article shall be credited to th~eneral fund of the County or as otherwise deli nag ted by the County and deposited by the Treasurer. ARTICLE II. DOGS AND CATS DIVISION 1. GENERALLY Sec.4-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ctn•rent rabies vaccination means that a dog or domestic cat has received a rabies immunization not less than 30 days prior to the bite incident or is protected by a previous rabies immunization, and if the rabies vaccine has been administered within the period of time for which the specific vaccine was intended by the manufacturer and licensed by the United States Department of Agriculture to provide protection. Any dog or domestic cat which receives its first vaccination between three and 12 months of age is required to be vaccinated one year after the date of the first vaccination, irrespective of the type of vaccine used. Domestic cut means a cat that is owned, in the possession of, or being regularly fed or sheltered by a resident of the town. Poultry means all domestic fowl and game birds raised in captivity. For the purposes of this section this includes chickens roosters pheasants, peacocks, tutkeys any other gallinaceous birds and water fowl including_domesticated duck, goose or swan. Kennel means an enclosure wherein dogs are kept and from which they cannot escape designated for that purpose. Livestock means ,,..~ ,, ....:.. ............... o ~~a ;~_,,.,.e,, a,..,,o...:,.,,.oa .~ti~.:« _ harems all domestic or domesticated bovine animals equine animals; ovine animals; porcine animals• cervidae animals• capradae animals• animals of the genus Lama; ratites; fish or shellfish in aquaculture Facilities as defined in state law• enclosed domesticated rabbits or hares raised for human food or fiber or any other individual animal specifically raised for food or fiber, except for companion animals. P:\Ordinnnces~2009\08t I Enforcement of Animal Code Sections (Revised).docx 8/122009 -5- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE Other offrcer means and includes sworn officers of the town police department. Oumer means and includes any person having a right of property in a dog or cat; any person who keeps or harbors a dog or cat or has it in his care, or who acts as its custodian; and any person who permits a dog or cat to remain on or about any premises occupied by him. Treasurer means and includes the Treasurer of this Loudoun County, his lawfully designated agent or other officer designated by law to collect taxes for the county. (Code 1976, § 4-7; Ord. No. 78-0-2, § 1, 1-11-1978; Ord. No. 83-0-7, § 1, 2-9-1983) Sec. 4-27. Distribution of fines. All fines collected from any person for violating any provisions of this article, exeep' °°~4- upon conviction thereof, shall be credited to the general fund of the County or as otherwise desi nag ted by the County and deposited by the Treasurer. (Code 1976, § 4-26; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Use of funds, Code of Virginia, § 3.2-6534. Sec. 4-28. Authority for animal control officer. There is hereby created the position of animal control officer. The animal control officer for the town shall be the animal control officer appointed by the county. The duties of the animal control officer shall be those provided for in Code of Virginia, title 3.2, ch. 65, art. 7 (Code of Virginia, § 3.2-6555 et seq.) and chapter 612 (Dogs and Other Animals) of the Loudoun County Code, as amended, and such other duties as may be authorized and regularly performed by the animal control officer in the county. (Code 1976, § 4-8; Ord. No. 78-0-2, § I, 1-11-1978; Ord. No. 97-0-38, § I, 11-12-1997) Sec. 4-29. Licensed dogs deemed personal property. (a) All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or• the damage done thereto in an appropriate action at law from such person. (b) An animal control officer or other officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or• other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner. (c) The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay P:\Ordinances~2009\0811 Enforcement of Animal Code Sections (Revised).docx 8/12!2009 -6- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE a reasonable charge as established by the county for the keep of such animal while in the possession of the animal control officer. (Code 1976, § 4-18; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6585. Sec. 4-30. Running at large. A dog's owner or custodian shall not permit it to run at large, roam or self-hunt in the town off the property of the owner or custodian while not under physical leash conhol. Any person who owns a dog which runs at large or remains unconfined, unreshicted or not penned up and off the property of the owner or custodian shall be deemed in violation of this section. Whoever violates or fails to comply with any of the provisions of this section is guilty of a class 4 misdemeanor. Dogs that are inside the town-designated dog park are excluded fi•om the physical leash requirement. (Code 1976, § 4-19; Ord. No. 78-0-2, § I, 1-11-1978; Ord. No. 83-0-15, § 1, 5-11-1983; Ord. No. 87-0-12, § 1, 3-25-1987) Sec. 4-31. Dogs killing or injuring livestock or poultry. It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poulh•y 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 as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or• other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. Any animal control officer who has reason to believe that any dog is killing livestock or pointy shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer 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 of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be killed immediately by the animal control officer or other officer designated by the court, or removed to another state which does not border on the state and prohibited from returning to the state. Any dog ordered removed from the state which is later found in the state shall be ordered by a court to be killed immediately. (Code 1976, § 4-20; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6552. Sec. 4-32. Compensation for livestock and poultry killed by dogs. N:\Ordinances~2009\081 I Enforcement ofMimnl Cade Sections (Revised).docx 8/12/2009 -7- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE (a) Any person who has any livestock or poultry killed ot• injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400.00 per animal or $10.00 per fowl, provided that: (1) The animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; (2) 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 ot• injury was caused by a dog; and (3) That the animal control officet• has conducted an investigation and that his investigation supports the claim. (b) If there are not sufficient monies in the dog fund to pay these claims, they shall be paid in the order they are received when monies become available. Upon payment under this section, the town shall be subrogated to the right of action of the owner of the livestock ot• poultry against the owner of the dog, to the extent of compensation paid, and may enforce the same in an appropriate action at law. (Code 1976, § 4-21; Ot•d. No. 78-0-2, § 1, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6553. Sec. 4-33. Confinement of animals in vehicles prohibited. (a) Any person who confines an animal in an enclosed vehicle so as to endanger it by exposure to excessive heat, cold or inadequate ventilation shall be guilty of a misdemeanot• and, upon conviction, shall be guilty of a class 3 misdemeanor. Any law enforcement official may access the enclosed vehicle and remove such an endangered animal. Such animal may be transported to a veterinarian by the law enforcement official at the expense of the defendant or the owner of the animal. (b) In any ptosecution charging a violation of this section, proof that the animal was confined in the vehicle described in the complaint, summons ot• warrant in violation of this section togethet• with proof that the defendant was at the time the registered owner of the vehicle, as required by Code of Virginia, title 46.2, ch. 6 (Code of Virginia, § 46.2-600 et seq.) shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. (Code 1976, § 4-23; Ord. No. 78-0-2, § I, 1-11-1978; Ord. No. 97-0-26, § I, 7-8-1997; Ord. No. 97-0-29, § I, 7-22-1997) Sec. 4-34. Vaccination required; rabid dogs and animals. (a) The owner thereof shall cause any dog or domesticated cat over four months of age within the town to have a current rabies vaccination. (b) Dogs or cats showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the state veterinarian as provided in Code of Virginia, § 3.2-654. It shall be the duty of the person having knowledge of the existence of an animal apparently afflicted with P:\Ordinancest2009\0811 Enforcement ofMimal Code Sections (Revised).docx 8/12Y2009 -8- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE rabies to report immediately to the health depar4ment the existence of such animal, the place where the animal was seen, the owner's name, if known, and the symptoms suggesting rabies. (c) Any dog or cat, for which no proof of current rabies vaccination is available, and which is exposed to rabies tluough 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, shall be confined in a pound, kennel or enclosure approved by the health department for a period not to exceed six 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 Code of Virginia, § 3.2-6546. A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine maybe administered at the beginning of confinement. Any dog or cat so bitten, or• exposed to rabies throrrgh saliva or• central nervous system tissue, in a fresh open wound or• mucorrs membrane with proof of a valid rabies vaccination, shall be r•evaccinated immediately following the bite and shall be confined to the premises of the owner, or• other site as may be approved by the health department, for a period of 45 days. (d) At the discretion of the director of the health department, 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 as provided in Code of Virginia, § 3.2-6546, and its head sent to the division of consolidated laboratory services of the department of general services, or the health department, for evaluation. When any animal, other than a dog or cat, is exposed to rabies tlu•ough 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 Code of Virginia, § 3.2-6546. (e) The director of the health department shall provide treatment to any person bitten by a rabid animal within the town. (Code 1976, § 4-24; Or•d. No. 78-0-2, § 1, 1-11-1978; Ord. No. 83-0-7, § 3, 2-9-1983) State law references: Similar provisions, Code of Virginia, § 3.1-6522. Sec. 4-35. Other unlativful acts. (a) Misderneanor•s. The following shall be misdemeanors: (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 1 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 premises if such disease is known to the owner. (4) Rernor~ing collar and tug. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog. (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 fiom being killed. P:\Ordinances~2009\0811 Enforcement of.4nimnl Code Sections (Revised).docx 8/12/2009 -9- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE (6) Dog noise. For any person to own, possess or harbor any dog of any age which €requently erfor continued duration of 30 or more minutes howls, barks or makes other sounds which annoy or disturb a reasonable person ^F «°••«-°' °°«°:*:-.:':°° 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) Dog waste. For the owner of any dog to fail to remove immediately the dog's feces fiom any property. No action shall be brought under this subsection for failure of a dog owner to remove the dog's feces from the premises of the dog owner, notwithstanding any contrary provision of law. This exception shall not apply to the common areas of a homeowner's association, condominium or apartment complex. (9) Disposition of complain/s. Complaints of violations of subsections (a)(6) through (8) of this section 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 cor7•ect the condition complained of within a reasonable period of time, a summons shall be issued to such person. (10) Other violations. Any other violation of this article for which specific penalty is not provided. (b) Penalty. Any person convicted by the general dish•ict court of presenting a false claim or receiving any money on a false claim under section 4-32 shall be guilty of a class 12 misdemeanor. (Code 1976, § 4-25; Ord. No. 78-0-2, § 1, 1-11-1978; Ord. No. 2000-0-05, § I, 2-8-2000) State law references: Similar provisions, Code of Virginia, § 3.2-6587. Secs.4-36--4-55. Reserved. DIVISION 2. LICENSE Sec. 4-56. Required; exemptions. It shall be unlawful for any person to own a dog in the town unless such dog is licensed as required by the county. (Code 1976, § 4-9; Ord. No. 78-0-2, § 1, 1-11-1978; Ord. No. 78-0-28, § 1, 9-13-1978; Ord. No. 83-0-1, § 1,1-12-1983) State law references: License tax, Code of Virginia, § 3.2-6528. Sec. 4-57. When license tax payable. Tl,,. 1:°^«..° ~..., ..« a^^° °1,.,11 1.° .1..° ..«.1 « .°HI° .,° F 11...,.°. !1 \ !l . 1.,,F ..° T°«„°,.., i °«,i «„r I°a°.. •1,°« T°«..°... Z i ,.F °°°A . ri,° ., ..F .,«.. ,1,.,. f N. ..lA .. ^IA°.. °H°ll , _, ,, is°°«..° ~°., °_ __o__.a,°A :_ °..r:,,« A G~_ (~\ TF ,7 ..1,,,11 1,°......,° ° .,«tl,.. ,.F °..° ,.« :F ° .7 .. ,] .. F ,,...., rl,° .,F ° t;..°„~°d \ b b ^ ° b b i, •1, t `l.°II _ ___ ° «~,. ai,° 1 ._....... ..F., 1 « ri,° r.. ., 1,°r_.-d.~-.-rr~iiiciai-j-i-aic'1. T.T h . 1 F,.«. tl,° 1;..°....° a.,.. F ,. al.,, .. °«r ...,I°«.1.,.. ..°.,.. °l,°il 1, 'a F , 1` 1, M th co.vr'iiv°r_ P:\Ordinances12009\0811 Enforcement of Animal Code Sections (Rel~ised).doex 8/12/2009 -10- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE t `h it _ _____ __ a_ N. .. .. ..F .. .. the r.. ., hor„ ll..r..ba~-l-anEl '; No person shall own a doa four months old or over in the County unless such dog is licensed, as reauired by this chapter. The licensing_period for such dogs will run concurrently with the rabies vaccination effective period. The license tax shall be payable at the office of the Treasurer and shall be in accordance with the fee schedule (Section 612.26). Owners may purchase a one, two or three year license tai to run concurrent with their dog's rabies vaccination effective period. No license tax shall be levied on any dog that is trained and serves as a uig 'de dog, hearing doQ, handicapped assistance dog, service or support doQ. The license tax on dogs shall be due and payable as follows: (a) The owner of any doa four months old or older shall obtain a license as prescribed in Section 612.03. (b) If a dog owned bXa resident of the County (i) becomes four months of age, or ii) is brought into the County the owner, is four months of age and unlicensed by the Count~or any other jurisdiction in the Commonwealth, the license tax for the remaining rabies vaccination effective period shall be paid by the owner within 30 days of either event. Any dog not wearing a collar bearing a dog license tag shall, prima facie, be deemed to be unlicensed and in anyproceedinas under this chapter the burden of proof of the fact that the dog has been licensed or is otherwise not required to bear a tae at the time, shall be on the owner of the doQ• (Code 1976, § 4-10; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: When license tax payable, Code of Virginia, § 3.2-6530. Sec. 4-58. 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 fi•om the penalties provided. (Code 1976, § 4-11; Ord. No. 78-0-2, § I, I-I 1-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6536. Sec. 4-59. )affect of a dog not wearing collar 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 division 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. (Code 1976, § 4-12; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6533. P:\Ordinances~2009\0811 Enforcement of Animal Code Sections (Revised).doex 8/!2/2009 -11- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE Sec. 4-60. How to obtain license. Any town resident may obtain a dog license by making oral or written application to the Loudoun County Treasurer, accompanied by the amount of the license tax and certificate of rabies vaccination or satisfactory evidence that such certificate has been obtained. If the Loudoun County Treasurer determines, from review of the rabies vaccination information provided by veterinarians, that the owner of an unlicensed dog has failed to apply for a license within 90 days of the date of vaccination, the treasurer shall transmit an application to the owner and request the owner to submit a completed application and pay the appropriate fee. Upon receipt of the completed application and payment of the license fee, the Loudoun County Treasurer or other agent charged with the duty of issuing the dog licenses shall issue a license receipt and a permanent tag. Such certificate of vaccination or inoculation shall be signed by a licensed veterinarian certifying that the dog for which the license is to be issued or the domestic cat for which no license is required, has been vaccinated or inoculated after one year of age by such veterinarian within a period of 36 months with a modified live virus (Flury strain) rabies vaccine or vaccinated within the period of time for which a specific vaccine was intended by the manufacturer and licensed by the United States Department of Agriculture. If a dog or cat has been vaccinated between three to 12 months of age, a revaccination one year after the date of the original vaccination is required. The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner's name and address, the species of the animal, the sex, the age, the color, the primary breed, whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies vaccination certificate shall indicate the locality in which the animal resides. No certificate or affidavit other than the certificate described in this section or a duplicate issued by a licensed veterinarian shall be accepted by the Loudoun County Treasurer. The proper application for and issuance of licenses shall be in accordance with any rules or procedures adopted by the county. (Code 1976, § 4-13; Ord. No. 78-0-2, § I, 1-11-1978; Ord. No. 83-0-7, § 2, 2-9-1983) State law references: Similar provisions, Code of Virginia, § 3.2-6529. Sec. 4-61. What dog licenses shall consist of. A dog license shall consist of a license receipt and a meta( tag. 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. (Code 1976, § 4-14; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Form of license, Code of Virginia, § 3.2-6526. Sec. 4-62. Duplicate license tags. If the dog license shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the Loudoun County Treasurer or his agent who issued the same for a duplicate license P:\Ordinances~2009\0811 Hnforcement of Animal Code Sections (Revised).doex 8/12/20D9 -12- AN ORDINANCE: AMENDING AND REORDAINING ARTICLE I, AND II OF CHAPTER 4 OF THE TOWN CODE'S ANIMAL ORDINANCE tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer that the original 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 Loudoun County 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 as established by the county. (Code 1976, § 4-15; Ord. No. 78-0-2, § 1, 1-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6532. Sec. 4-63. Displaying receipts; dogs to be tagged. Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection 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 four months old or over to run or roam at large at any time without 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: (1) When the dog is engaged in lawful hunting; (2) When the dog is competing in a dog show; (3) When the dog has a skin condition which would be exacerbated by the wearing of a collar; (4) When the dog is confined; or (5) When the dog is under the immediate control of its owner. (Code 1976, § 4-16; Ord. No. 78-0-2, § 1, I-11-1978) State law references: Similar provisions, Code of Virginia, § 3.2-6531. Sec. 4-64. 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 requirement 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 defiaud 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 division. (Code 1976, § 4-17; Ord. No. 78-0-2, § 1, 1-11-1978) SECTION II. Including the changes referenced above, Chapter 4, Sections I and II reordained and amended. SECTION III. All prior ordinances in conflict herewith are hereby repealed. P:\Ordinances~2009\0811 Enforcement of.4nimal Code Sections (Revised).docx 8/128009 - 13- AN t3RD11tiANCE: AMENI}IIL`G ANI) RGORllAINING ARTICLE I, ANI} Ii 01' CIi~1'TEI~ ~1 OFTHE `I'O~~'N C:C7L7E'S ANIMAL ORI)INANC SEG fI(~N IV. Severabitity. Ii' ~ court of oarnpetent jurisdiction tteclai~es arty pio~=siori of this ordiriance iuti~alitl, the decisiorr shall not affect tha validity of the orditrattce as a whole'ar any=remaining ~rtrvisians of thezaniiig orditaance. Si:IiG1`IOh~ V. This ordinance shall be ita effect u}ioii its ~>rassage. Pr?:S~F,I7 this l 1°' clay ofAr~nst, 2dt79 ~ °-Krtst n C Umstatttl, Nlayot # "Io~irn of Leesb[n'g ATT~ST{,i ~-; ~`~ ~;~ r Gleik of {<ottiic 1 Pi\tlTdinUnCtst2-004V081 ] hnfoicenrent eC,trtiAiiai CbJa SeciiQns (Rer~sedi.~Iocs SI~212009