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Home My Public Portal About2006_08_08_O015 The Town of Leesburg, Virginia PRESENTED: August 8, 2006 ORDINANCE 2006-0-15 ADOPTED: August 8, 2006 AN ORDINANCE: REPEALING SECTION 4-27 (DANGEROUS AND VICIOUS DOGS) OF ARTICLE II (CONTROL OF DOGS AND DOMESTIC CATS) OF CHAPTER 4 (ANIMALS AND FOWL) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Section 4-27 (DANGEROUS AND VICIOUS DOGS) of Article II (CONTROL OF DOGS AND DOMESTIC CATS) of Chapter 4 (ANIMALS AND FOWL) of the Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same hereby is repealed. Sec. 1 27, Danger-eus and vieiel:ls dogs. (a) As l:1sed in this section: (1) Dangerous deg means a canine or canine crossbreed v.hich has bitten, attacked or inflicted injury on a person or comflaaion animal, other than a dog, or killed a companion animal. (2) Vicious dog means a canine or eaaine erossbreed which has killed a person or inflicted serious injury to a person, inc1uaiflg multiple bites, serious disfigurement, serious impairment of health er serious impairment of a bodily functiofl, or 'uhich continues to exhibit the behavier whicR resulted in a flrtwious findiHg by a court iliat it is a dangerous dog, provided that its O''vRer has beeR given Hetice of that finding. (b) Any animal warden who has reasen to believe that a canine or canine crossbreed \vithin his or her jurisdiction is a dangerous dog er viciel:1s dog shall apply to a magistrate of the jurisdiction for the issuance of a SHfFUllons requiring the evmer or cm;todian, if knovlfl, to appear before a geHeral distriet COl:1rt at a specified time. The summons shall advise the owner of the natHre ef the proceeding and the matters at issue. The animal warden or O',VRer shall confine the animall:1ntil sueR time as e'lidence shall be heard and a yerdict rendered. The court, through its eoRtempt flewers, may compel the O'Nner, custodian or harborer of the Mimal to produce the animal. If, after hearing the evidence, the cel:\rt fiHds that the animal is a dangerous dog, the court shall order the animal's owner to comflly with the provisions of this section. If, after hearing the eyidence, the COl:1rt finds that the animal is a vicious dog, the eourt shall order the animal euthanized in accordance vlith the proyisions of Section 3.1 796.119 ef the Code ef Virginia, as amended. (c) No canifle or caniRe eressbreed shall be foUfld to be a dangefeus dog or '/icious dog solely because it is a partic\:dar breed. No animal shall be fOUfld to be a dangerol:1s dog or vieious dog ifthe threat, injury or damage was SHstained by a person who was committing, at the -2- AN ORDINANCE: REPEALING SECTION 4-27 (DANGEROUS AND VICIOUS DOGS) OF ARTICLE II (CONTROL OF DOGS AND DOMESTIC CATS) OF CHAPTER 4 (ANIMALS AND FOWL) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED time, a crime l:lpoa the pFeHlises oeel:lpied ey the animal's OY/fler or eustodian, committing, at the time, a willful trespass er other tert 1:lpeR the premises eeeupied ey the animal's o\vner or oostodian, or proyekiag, tormeBtiag er physieaUy aDHsing the animal, or can be she\Vfl to have r6f)eatedly pmvoked, tormeHted or physieally aeused er assaulted the animal at other times. No poliee dog whieh was eagaged iR the perfermanee ef its duties as such at the time of the aets eomplaiaed of shall ee foood to ee a dangerous dog or ':ieious dog. No animal whieh, at the time of the aets eomplaiaed of, was respoading to paia or iajury, or ',','as protectiRg itself, its keRael, its offspriag or its oymer or o't:ner's property, shall be found to be a dangerous dog or a vieious aog. (d) The owaer of any animal folffid by a eourt to be a danger-oas deg shall, withia ten days of sueh fiadiag, obtaia a aangerous aog registratioa eertificate fr-om the animal wardea for a fee 0[$50.00, iR additioR to other fees that may ee autherized by IWN. The animal wardeR shall also proyide the O'Nner with a liRiformly designed tag whieh identifies the animal as a dangerous aog. The owner shall affix the tag to the animal's eellar and OOSl:1re that the animal wears the eollar and tag at all times. 1\11 eertificates obtained pursuaHt to this subsection shall be renewed ar.nually for the same fee and iH the same maRHer as th.e initial eertificate was obtained. ( e) .".11 certifieates or reHewals ther-eof required to be obtaiaed liRder this section shall only be iSSl:1ed to persoas 18 years of age or older ':lho preseBt satisfaetory eviaeHee of the animal's eUITeat rabies vaccinatiea, if applieaele, and &videaee that the ammal is and will be confined ia a pmper eaeloSl:1re, is and will be eeafiaed iaside the evmer's resideace or is and will be Imlzzled and eenfined ia the oV/fler's feHeed in yard lffitil the proper enclosure is constnleted. la additioa, owneFS vmo llflply for eertificates or renewals thereof under this sectioR shall not be issued a eertifieate or reaewal thereefliRless they present satisfaotory evidence that their residence is and ',vill eoatinue te be posted with elearly visible signs 'Naming both minors ami adults of the presenee of a dangerous BOg on the property and that the animal had beea permaaently identified by means of a tattoo on the inside thigh or by electmaic iffifJlantatioH. (0 \Vhile on the preperty of its owaer, an animal feund by a court to be a dangerm.:ls dog shall be eeafined indeom er in a see\il'ely enelosed and loeked stmetl:lre of saffieient height and design to prevent its eseape ar direct ceRtaet with or entry ey minors, adults or other animals. The strnemre shall be designed to provide the animal shelter from the elements of aamre. When off its e':.~er's pmperty, an aHimal fouad by a eourt to be a danger-eHs dog shall be OR a leash aHd muzzled in sHeh a manRer as not to eause iajury to the animal or interfere with the animal's visiea er respiratioR, but se as to preveBt it from biting a person or another animal. (g) If the owner ofan animal fouRd by a eourt to be a daagerous deg is a miaor, the custodial pareBt er legal gHardian shall be respeasible for eomplyiag with all reqairemeats of this seetiefl. (h) After an animal has beeR foood by a eol:Ht to be a daagere\:ls dog, the animal's owner shall immediately, l:lpoaleaming efthe same, notify the leeal animal eoatrol authority if the -3- AN ORDINANCE: REPEALING SECTION 4-27 (DANGEROUS AND VICIOUS DOGS) OF ARTICLE II (CONTROL OF DOGS AND DOMESTIC CATS) OF CHAPTER 4 (ANIMALS AND FOWL) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED aaimal is loose 0f ooceaHaed, bites a perseR or attaeks anether aaimal, is seld, given a\'/ay or dies, or has beeR moved te a differeRt address. (i) The ev,'ner of any aRimal 'Neieh has been roNae by a eeurt te be a eangeroNs dog, who willfully fails to cemply with the re€lHiremeRts of this seetioa, shall be guilty of a Class ORe miseemeaaor. (j) ..^.ll fees cellectee p\ifOOant 1e this seetioR, less the costs iacl:1ffee by the animal coOOol authority ia predaciag aRe distribmiag the eertificates aad tags reqNiree b)' this section, shall be paid iate a specially dedicatee fund ia the treasmy of the eo\ffity for the purpose efpaying the expenses ofafl)' tFainiag aOl:lfse reElUired liBder Seatiea 3.1 796.105 efthe Cede of Virgiaia, as amended, SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 8th day of August 2006. . U stattd, Mayor Town of Lees burg ATTEST: ,d~ 005 :dangerousandviciousdogs