HomeMy Public PortalAbout2014_06_24_O020 Amending Chap 4 of the TC re Dogs killing livestock The Town of
Leesburg,
Virginia PRESENTED: June 24, 2014
ORDINANCE NO. 2014-0-020 ADOPTED: June 24, 2014
AN ORDINANCE: TO AMEND CHAPTER 4 (ANIMALS), ARTICLE II (DOGS AN I
CATS), DIVISION 1 (GENERALLY), SECTION 4-31 (DOGS KILLIN I
OR INJURING LIVESTOCK OR POULTRY) AND SECTION 4-3
(COMPENSATION FOR LIVESTOCK AND POULTRY KILLED B
DOGS)
WHEREAS, the Code of Virginia of 1950, as amended, Section 3.2-6552 governs th,
duties of animal control officers when confronted with a dog in the act of killing or injurin!.
livestock; and
WHEREAS, as a result of the 2014 General Assembly Legislative Session, th;
aforementioned state code section was amended to allow an animal control officer to seize a do;.
in addition to killing a dog in the act of killing or injuring livestock; and
WHEREAS, the Town Code includes the duty of an animal control officer to kill a dog i
the act of killing or injuring livestock within the Town limits; and
WHEREAS, the state code amendment mandates an amendment to the town cod,
governing this duty by the animal control officer; and
WHEREAS, the Code of Virginia of 1950, as amended, Section 3.2-6553 governs th,
amount of compensation an owner of livestock or poultry can claim if their livestock or poult
is killed or injured by any dog; and
WHEREAS, as a result of the 2014 General Assembly Legislative Session, th-
compensation has been increased from up to $450 to up to $700 per animal; and
WHEREAS, the Town Code includes a similar section which allows an owner o
livestock killed or injured by a dog to obtain compensation; and
WHEREAS, the state code amendment mandates an amendment to the town code t•
include this increased compensation.
The Council of the Town of Leesburg in Virginia hereby ordains:
SECTION I. 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 i
the act of killing or injuring livestock or poultry to seize or kill such dog forthwith whether suc
dog bears a tag or not, and any person finding a dog committing any of the depredation.
mentioned in this section shall have the right to kill such dog on sight as shall any owner •1
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AN ORDINANCE: TO AMEND CHAPTER 4 (ANIMALS), ARTICLE II (DOGS AN
CATS), DIVISION 1 (GENERALLY), SECTION 4-31 (DOGS KILLIN 4
OR INJURING LIVESTOCK OR POULTRY) AND SECTION 4-3.
(COMPENSATION FOR LIVESTOCK AND POULTRY KILLED B
DOGS)
livestock or his agent finding a dog chasing livestock on land utilized by the livestock when th;
circumstances show that such chasing is harmful to the livestock. Any court shall have the powe
to order the animal control officer or other officer to kill any dog known to be a confirme•
livestock or poultry killer, and any dog killing poultry for the third time shall be considered .
confirmed poultry killer. Any animal control officer who has reason to believe that any dog i.
killing livestock or poultry shall be empowered to seize such dog solely for the purpose o
examining such dog in order to determine whether it committed any of the depredation,
mentioned herein. Any animal control officer or other person who has reason to believe that an
dog is killing livestock, or committing any of the depredations mentioned in this section, shal
apply to a magistrate of the county, city or town wherein such dog may be, who shall issue
warrant requiring the owner or custodian, if known, to appear before a general district court at .;
time and place named therein, at which time evidence shall be heard. If it shall appear that tiv
dog is a livestock killer, or has committed any of the depredations mentioned in this section, th
district court shall order that the dog be killed immediately by the animal control officer or othe
officer designated by the court, or removed to another state which does not border on the stat•
and prohibited from returning to the state. Any dog ordered removed from the state which is late
found in the state shall be ordered by a court to be killed immediately.
SECTION III. Sec. 4-32. Compensation for livestock and poultry killed by dogs.
(a) Any person who has any livestock or poultry killed or injured by any dog not his o
shall be entitled to receive as compensation the fair market value of such livestock o
poultry not to exceed$400.00$700.00 per animal or$10.00 per fowl,provided that:
(1) The animal control officer or other officer shall have been notified of the incide
within 72 hours of its discovery;
(2) The claimant has furnished evidence within 60 days of discovery of the quantity an
value of the dead or injured livestock and the reasons the claimant believes that deat
or injury was caused by a dog; and
(3) That the animal control officer has conducted an investigation and that hi.
investigation supports the claim.
(b) If there are not sufficient monies in the dog fund to pay these claims, they shall be paid i
the order they are received when monies become available. Upon payment under thi.
section,the town shall be subrogated to the right of action of the owner of the livestock si
poultry against the owner of the dog,to the extent of compensation paid, and may enforc-
the same in an appropriate action at law.
SECTION IV. All prior ordinances in conflict herewith are hereby repealed.
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AN ORDINANCE: TO AMEND CHAPTER 4 (ANIMALS), ARTICLE II (DOGS AN
CATS), DIVISION 1 (GENERALLY), SECTION 4-31 (DOGS KILLIN
OR INJURING LIVESTOCK OR POULTRY) AND SECTION 4-3.
(COMPENSATION FOR LIVESTOCK AND POULTRY KILLED B
DOGS)
SECTION V. Severability. If a court of competent jurisdiction declares any provision
of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or
any remaining provisions of the Leesburg Town Code.
SECTION VI. This ordinance shall be effective upon its adoption.
PASSED this 24th day of June, 2014
• . mstatt., Mayor
Town of Leesburg
A ,T'
WV I I .■■-
Clerk of Coutici,
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