PUBLIC HEARING NOTICE

Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on Tuesday, February 5, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following:

AN ORDINANCE AMENDING GLOUCESTER

COUNTY CODE CHAPTER 3 – ANIMALS AND FOWL

The Gloucester County Board of Supervisors has been made aware that amendments to Chapter 3are deemed appropriate due to recent changes to State law. The Board will hold a public hearing to hear public comment concerning the proposed amendment of Chapter 3 at its meeting of Tuesday, February 5, 2013.

The proposed amendments to Chapter 3 include: adding the definition of farming activity to Section 3-2; amending Section 3-15 (care of companion animals; penalties); adding Section 3-15.1 (care of agricultural animals; penalties); and amending Section 3-19 (seizure and impoundment of animals), Section 3-38 (dangerous and vicious dogs), and Article III (Rabies Control) to reflect recent State law changes, and to more closely track the language of State enabling legislation.

A complete copy of documents concerning this matter is available and may be reviewed at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Gloucester Point, Virginia.

All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804)693-4042.

Brenda G. GartonCounty Administrator

AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON TUESDAY, FEBRUARY 5, 2013, AT 8:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY _______________, AND SECONDED BY ____________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___;

AN ORDINANCE AMENDING GLOUCESTER

COUNTY CODE CHAPTER 3 – ANIMALS AND FOWL

WHEREAS, the provisions of Gloucester County’s Code governing animal welfare and control are contained in Gloucester County Code Chapter 3; and

WHEREAS, recent changes to State law make appropriate amendments

to Chapter 3. The proposed amendments include: adding the definition of farming activity to Section 3-2; amending Section 3-15 (care of companion animals); adding Section 3-15.1 (care of agricultural animals; penalties); and amending Section 3-19 (seizure and impoundment of animals), Section 3-38 (dangerous and vicious dogs), and Article III (Rabies Control), to reflect recent State law changes, and to more closely track the language of State enabling legislation; and

WHEREAS, a duly advertised public hearing was held on February 5,

2013 to receive public comment regarding the proposed amendments to

Gloucester County Code Chapter 3 – Animals and Fowl; and

WHEREAS, the Board finds that the amendments are appropriate and is

desirous of amending Chapter 3 of the Gloucester County Code, in accordance

with the provisions which follow.

NOW THEREFORE BE IT ORDAINED AND ENACTED that the

Gloucester County Code Chapter 3 – Animal Welfare and Control, is hereby

amended as follows:

Chapter 3 ANIMALS AND FOWL WELFARE AND CONTROL

Article I. In General

§ 3-1. Penalty for violation of Article I.

§ 3-2. Definitions.

§ 3-3. Duties and authority of animal control officers.

§ 3-4. Animals and fowl prohibited to be at large upon, or to

graze alongside of, any

public street or highway.

§ 3-5. Property line constitutes lawful fence as to certain

animals.

§ 3-6. When unlawful for animals to run at large.

§ 3-7. Maintenance of animals and fowl.

§ 3-8. Prohibition of keeping or exhibiting wild, exotic,

venomous, or poisonous animals within the County of

Gloucester.

§ 3-9. Infectious or contagious diseases among animals and

poultry; duty of owners

and custodians; procedure for establishing quarantine.

§ 3-10. Same--Transporting or conveying custody or possession of

animal or fowl

exposed to disease.

§ 3-11. Notification by individuals finding companion animals.

§ 3-12. Releasing agencies registration required.

§ 3-13. Cruelty to animals.

§ 3-14. Use of fireworks causing injury to animals.

§ 3-15. Failure to perform duties of ownership; Care of

companion animals; penalty.

§ 3-15.1 Care of agricultural animals; penalty

§ 3-15.12. Abandonment of animals.

§ 3-16. Allowing animals to defecate on public property or on

private property of other

persons.

§ 3-17. Animals riding in open vehicles.

§ 3-18. Animals in enclosed vehicles.

§ 3-19. Seizure and impoundment of animals.

§ 3-20. Impoundment and redemption of livestock found at large.

§ 3-21. Casting carcass in road; disposition of carcasses.

§ 3-22. Bird sanctuaries.

§ 3-23--3-27. Reserved.

Article II. Dogs

Division 1. Generally

§ 3-28. Animal control officer and deputies to enforce article and

applicable provisions of state dog laws.

§ 3-29. Penalty for violation of Article II.

§ 3-30. License required; unlicensed dogs prohibited.

§ 3-31. Amount of license tax, kennel tax; exemptions.

§ 3-32. When license tax due and payable.

§ 3-33. Certification of inoculation or vaccination prerequisite for

issuance of license.

§ 3-34. Issuance and design of license tag; required wearing of

tag.

§ 3-35. Payment of license tax subsequent to summons.

§ 3-36. Effect of dog not wearing collar bearing metal license tag

as evidence.

§ 3-37. Impoundment and redemption of dogs found at large

without metal license tag.

§ 3-38. Dangerous and vicious dogs.

§ 3-39. Nuisance animals.

§§ 3-40--3-45. Reserved.

Division 2. Dogs Running at Large in Certain Areas

§ 3-46. Running at large--Prohibited in regulated areas.

§ 3-47. Official schedule of restricted areas for dogs running at

large.

§ 3-48. Reserved.

Division 3. Commercial Dog Breeding Operations

§ 3-48.1. Business license required.

§ 3-48.2. Commercial dog breeding; requirements.

§ 3-48.3. Right of entry.

§ 3-48.4. Concurrent operation of releasing agency prohibited.

§ 3-48.5. Penalty.

§§ 3-49--3-50. Reserved.

Article III. Rabies Control

§ 3-51. Vaccination or inoculation against rabies required.

§ 3-52. Certificate of inoculation or vaccination to be issued.

§ 3-53. Emergency ordinance requiring confinement or restraint of

dogs and cats when rabid animal at large.

§ 3-54. Report of existence of rabid animals.

§ 3-55. Reporting of animal bites.

§ 3-56. Confinement or destruction of dogs, cats, or any other

animals showing signs of or suspected of having rabies.

§ 3-57. Destruction or confinement of dog, cat, or any other

animal bitten by a rabid

animal.

§ 3-58. Confinement or destruction of animal which has bitten

may have exposed a person.

§ 3-59. Concealing or harboring an animal to prevent its

destruction or confinement

under article.

§ 3-60. Penalty for violation of Article III.

ARTICLE I. IN GENERAL

Sec. 3-1. Penalty for violation of Article I.

Unless otherwise specified, a violation of this article shall be deemed a Class 3

misdemeanor and a warrant for the violation may be obtained by an animal

control officer or sheriff's deputy.

Sec. 3-2. Definitions.

The following words as used in this chapter shall have the following meanings:

Abandon means to desert, forsake, or absolutely give up an animal without

having secured another owner or custodian for the animal or by failing to

provide the elements of basic care as set forth in sections 3-15 or 3-15.1 for a

period of five (5) consecutive days.

Adequate care or care means the responsible practice of good animal

husbandry, handling, production, management, confinement, feeding,

watering, protection, shelter, transportation, treatment, and when necessary,

euthanasia, appropriate for the age, species, condition, size and type of the

animal and the provision of veterinary care when needed to prevent suffering or

impairment of health.

Adequate exercise or exercise means the opportunity for the animal to move

sufficiently to maintain normal muscle tone and mass for the age, species, size

and condition of the animal.

Adequate feed means access to and the provision of food that is of sufficient

quantity and nutritive value to maintain each animal in good health; is

accessible to each animal; is prepared so as to permit ease of consumption for

the age, species, condition, size and type of each animal; is provided in a clean

and sanitary manner; is placed so as to minimize contamination by excrement

and pests; and is provided at suitable intervals for the species, age and

condition of the animal, but at least once daily, except as prescribed by a

veterinarian or as dictated by naturally occurring states of hibernation or

fasting normal for the species.

Adequate shelter means provision of and access to shelter that is suitable for

the species, age, condition, size and type of each animal; provides adequate

space for each animal; is safe and protects each animal from injury, rain, sleet,

snow, hail, direct sunlight, the adverse effects of heat or cold, physical

suffering and impairment of health; is properly lighted; is properly cleaned;

enables each animal to be clean and dry, except when detrimental to the

species; and for dogs and cats, provides a solid surface, resting platform, pad,

floormat, or similar device that is large enough for the animal to lie on in a

normal manner and can be maintained in a sanitary manner. Under this

chapter, shelters whose wire, grid or slat floors:

(1) Permit the animals' feet to pass through the openings;

(2) Sag under the animals' weight; or

(3) Otherwise do not protect the animals' feet or toes from injury, are

not adequate shelter.

Adequate space means sufficient space to allow each animal to:

(1) Easily stand, sit, lie, turn about, and make all other normal body

movements in a comfortable, normal position for the animal; and

(2) Interact safely with other animals in the enclosure.

When an animal is tethered, "adequate space" means a tether that

permits the above actions and is appropriate to the age and size of the

animal; is attached to the animal by a properly applied collar, halter, or

harness configured so as to protect the animal from injury and prevent

the animal or tether from becoming entangled with other objects or

animals, or from extending over an object or edge that could result in the

strangulation or injury of the animal; and is at least three (3) times the

length of the animal, as measured from the tip of its nose to the base of

its tail, except when the animal is being walked on a leash or is attached

by a tether to a lead line. When freedom of movement would endanger

the animal, temporarily and appropriately restricting movement of the

animal, according to professionally accepted standards for the species, is

considered provision of adequate space.

Adequate water means provision of and access to clean, fresh, potable water of

a drinkable temperature that is provided in a suitable manner, in sufficient

volume, and at suitable intervals, appropriate for the weather and temperature,

to maintain normal hydration for the age, species, condition, size, and type of

each animal, except as prescribed by a veterinarian or as dictated by naturally

occurring states of hibernation or fasting normal for the species; and is

provided in clean, durable receptacles that are accessible to each animal and

are placed so as to minimize contamination of the water by excrement and

pests or an alternative source of hydration consistent with generally accepted

husbandry practices.

Adoption means the transfer of ownership of a dog or a cat, or any other

companion animal, from a releasing agency to an individual.

Agricultural animals mean all livestock and poultry.

Ambient temperature means the temperature surrounding the animal.

Animal means any nonhuman vertebrate species except fish. For the purposes

of Article III, animal means any species susceptible to rabies. For the purposes

of section 3-13, animal means any nonhuman vertebrate species including

fish, except those fish captured and killed or disposed of in a reasonable and

customary manner.

Animal control officer means a person appointed as an animal control officer or

deputy animal control officer.

Animal shelter means a facility, other than a private residential dwelling and its

surrounding grounds, that is used to house or contain animals and that is

owned, operated, or maintained by a nongovernmental entity including, but not

limited to, a humane society, animal welfare organization, society for the

prevention of cruelty to animals, or any other organization operating for the

purpose of finding permanent adoptive homes for animals.

Boarding establishment means a place or establishment other than a pound or

animal shelter where companion animals not owned by the proprietor are

sheltered, fed, and watered in exchange for a fee.

Collar means a well-fitted device, appropriate to the age and size of the animal,

attached to the animal's neck in such a way as to prevent trauma or injury to

the animal.

Commercial dog breeder means any person who, during any twelve-month

period, maintains thirty (30) or more adult female dogs for the primary purpose

of the sale of their offspring as companion animals.

Companion animal means any domestic or feral dog, domestic or feral cat,

nonhuman primate, guinea pig, hamster, rabbit not raised for human food or

fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal

or any animal under the care, custody, or ownership of a person or any animal

that is bought, sold, traded, or bartered by any person. Agricultural animals,

game species, or any animals regulated under federal law as research animals

shall not be considered companion animals for the purposes of this chapter.

Consumer means any natural person purchasing an animal from a dealer or

pet shop or hiring the services of a boarding establishment. The term

"consumer" shall not include a business or corporation engaged in sales or

services.

Dangerous dog means a canine or canine crossbreed that has bitten, attacked,

or inflicted injury on a person or companion animal that is a dog or cat, or

killed a companion animal that is a dog or cat. However, when a dog attacks or

bites a companion animal that is a dog or cat, the attacking or biting dog shall

not be deemed dangerous:

(1) If no serious physical injury as determined by a licensed

veterinarian has occurred to the dog or cat as a result of the attack or

bite;

(2) If both animals are owned by the same person;

(3) If such attack occurs on the property of the attacking or biting

dog's owner or custodian; or

(4) For other good cause as determined by the court.

No dog shall be found to be a dangerous dog as a result of biting, attacking, or

inflicting injury on a dog or cat while engaged with an owner or custodian as

part of lawful hunting or participating in an organized, lawful dog-handling

event. No dog that has bitten, attacked, or inflicted injury on a person shall be

found to be a dangerous dog if the court determines, based on the totality of

the evidence before it, that the dog is not dangerous or a threat to the

community.

Dealer means any person who, in the regular course of business for

compensation or profit, buys, sells, transfers, exchanges, or barters companion

animals. The following shall not be considered dealers:

(1) Any person who transports companion animals in the regular

course of business as a common carrier; or

(2) Any person or organization whose primary purpose is to find

permanent adoptive homes for companion animals.

Direct and immediate threat means any clear and imminent danger to an

animal's health, safety, or life.

Dump means to knowingly desert, forsake, or absolutely give up without having

secured another owner or custodian any dog, cat, or other companion animal

in any public place including the right-of-way of any public highway, road,

street, or on the property of another.

Emergency veterinary treatment means veterinary treatment to stabilize a life-

threatening condition, alleviate suffering, prevent further disease transmission,

or prevent further disease progression.

Enclosure means a structure used to house or restrict animals from running at

large.

Euthanasia means the humane destruction of an animal accomplished by a

method that involves instantaneous unconsciousness and immediate death, or

by a method that involves anesthesia, produced by an agent that causes

painless loss of consciousness and death during such loss of consciousness.

Exhibitor means any person who has animals for or on public display,

excluding an exhibitor licensed by the United States Department of Agriculture.

Exotic animal means any live monkey (nonhuman primate), raccoon, skunk,

wolf, wolf-canine hybrid, squirrel, fox, and other nondomesticated porcine,

leopard, tiger, lion, panther, or any other similar warm-blooded animal,

venomous reptile to include, but not limited to: coral snakes, rattlesnakes,

cottonmouth snakes, vipers and cobras, sea snakes, gila monsters, mexican

beaded lizards, or nonvenomous reptiles six (6) feet or longer in length which

can normally be found in the wild; all constrictor-type snakes, poisonous

arachnids to include, but not limited to: black widow spiders, brown recluse

spiders, scorpions, poisonous amphibians to include, but not limited to: poison

arrow frogs or any member of the crocodilian family including, but not limited

to: alligators, crocodiles, caimans, and gavials; or any other animal that would

require a standard of care and control greater than that required for customary

household pets sold by commercial pet shops or domestic farm animals.

Ferrets and birds which are normally purchased through pet stores,

nonpoisonous reptiles less than six (6) feet in length, domestic rabbits,

domestic rodents which have been bred in captivity and have not been kept in

the wild, shall be excluded from the definitions of wild and exotic animals.

Facility means a building or portion thereof as designated by the state

veterinarian, other than a private residential dwelling and its surrounding

grounds, that is used to contain a primary enclosure or enclosures in which

animals are housed or kept.

Farming activity means, consistent with standard animal husbandry

practices, the raising, management, and use of agricultural animals to

provide food, fiber, or transportation and the breeding, exhibition, lawful

recreational use, marketing, transportation, and slaughter of agricultural

animals pursuant to such purposes.

Foster care provider means an individual who provides care or rehabilitation for

companion animals through an affiliation with a pound, animal shelter, or

other releasing agency.

Foster home means a private residential dwelling and its surrounding grounds

where, through an affiliation with a pound, animal shelter, or other releasing

agency, care or rehabilitation is provided for companion animals.

Groomer means any person who, for a fee, cleans, trims, brushes, makes neat,

manicures, or treats for external parasites any animal.

Health director means an employee of the Virginia Department of Health with

authority to enforce the regulations promulgated by the State Board of Health.

Home-based rescue means any person or organization that accepts:

(1) More than twelve (12) companion animals; or

(2) More than nine (9) companion animals and more than three (3)

unweaned litters of companion animals in a calendar year for the

purpose of finding permanent adoptive homes for the companion animals

and houses the companion animals in a private residential dwelling or

uses a system of housing companion animals in private residential foster

homes.

Humane means any action taken in consideration of, and with the intent to,

provide for the animal's health and well-being.

Humane investigator means a person who has been appointed by a circuit

court as a humane investigator as provided in section 3.2-6558 of the Code of

Virginia.

Humane society means any incorporated, nonprofit organization that is

organized for the purposes of preventing cruelty to animals and promoting

humane care and treatment or adoption of animals.

Kennel means any establishment in which five (5) or more canines, felines, or

hybrids of either, are kept for the purpose of breeding, hunting, training,

renting, buying, boarding, selling, or showing.

Livestock includes 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 section 3.2-2600 of the Code of Virginia; enclosed domesticated

rabbits or hares raised for human food or fiber; or any other individual animal

specifically raised for food or fiber, except companion animals.

Local ordinance means any law, rule, regulation, or ordinance promulgated by

the governing body of the county.

Locality or local government means a county, city or town, as the context may

require.

New owner means an individual who is legally competent to enter into a

binding agreement pursuant to subdivision B2 of section 3.2-6574 of the Code

of Virginia, and who adopts or receives a dog or cat from a releasing agency.

Owner means any person who:

(1) Has a right of property in an animal;

(2) Keeps or harbors an animal;

(3) Has an animal in his care; or

(4) Acts as a custodian of an animal.

Person means any individual, partnership, firm, joint-stock company,

corporation, association, trust, estate, or other legal entity.

Pet shop means an establishment where companion animals are bought, sold,

exchanged, or offered for sale or exchange to the general public.

Poisonous and/or venomous animal shall mean any animal, fowl, reptile or

amphibian that causes injury, illness or death by chemical means.

Poultry includes all domestic fowl and game birds raised in captivity.

Pound means a facility operated by the commonwealth or any locality,

including Gloucester County, for the purpose of impounding or harboring

seized, stray, homeless, abandoned, or unwanted animals; or a facility operated

for the same purpose under a contract with any locality or incorporated society

for the prevention of cruelty to animals.

Primary enclosure means any structure used to immediately restrict an animal

or animals to a limited amount of space, such as a room, pen, cage,

compartment, or hutch. For tethered animals, the term includes the shelter

and the area within reach of the tether.

Properly cleaned means:

(1) That carcasses, debris, food waste and excrement are removed

from the primary enclosure with sufficient frequency to minimize the

animals' contact with the above-mentioned contaminants;

(2) The primary enclosure is sanitized with sufficient frequency to

minimize odors and the hazards of disease; and

(3) The primary enclosure is cleaned so as to prevent the animals

confined therein from being directly or indirectly sprayed with the stream

of water, or directly or indirectly exposed to hazardous chemicals or

disinfectants.

Properly lighted, when referring to a facility, means sufficient illumination to

permit routine inspections, maintenance, cleaning, and housekeeping of the

facility, and observation of the animals; to provide regular diurnal lighting

cycles of either natural or artificial light, uniformly diffused throughout the

facility; and to promote the well-being of the animals.

Properly lighted, when referring to a private residential dwelling and its

surrounding grounds, means sufficient illumination to permit routine

maintenance and cleaning thereof, and observation of the companion animals;

and to provide regular diurnal lighting cycles of either natural or artificial light

to promote the well-being of the animals.

Releasing agency means a pound, animal shelter, humane society, animal

welfare organization, society for the prevention of cruelty to animals, or other

similar entity or home-based rescue, that releases companion animals for

adoption.

Research facility means any place, laboratory, or institution licensed by the

U.S. Department of Agriculture at which scientific tests, experiments or

investigations involving the use of living animals are carried out, conducted, or

attempted.

Sanitize means to make physically clean and to remove and destroy, to a

practical minimum, agents injurious to health.

Sore means, when referring to an equine, that an irritating or blistering agent

has been applied, internally or externally, by a person to any limb or foot of an

equine; any burn, cut, or laceration that has been inflicted by a person to any

limb or foot of an equine; any tack, nail, screw, or chemical agent that has

been injected by a person into or used by a person on any limb or foot of an

equine; any other substance or device that has been used by a person on any

limb or foot of an equine; or a person has engaged in a practice involving an

equine, and as a result of such application, infliction, injection, use or practice,

such equine suffers or can reasonably be expected to suffer, physical pain or

distress, inflammation or lameness when walking, trotting, or otherwise

moving, except that such term does not include such an application, infliction,

injection, use, or practice in connection with the therapeutic treatment of an

equine by or under the supervision of a licensed veterinarian. Notwithstanding

anything contained herein to the contrary, nothing shall preclude the shoeing,

use of pads, and use of action devices as permitted by 9 C.F.R., Part 11.2.

State veterinarian means the veterinarian employed by the commissioner of

agriculture and consumer services as provided in section 3.2-5901 of the Code

of Virginia.

State veterinarian's representative means any person who is either: (i) an

employee of the department of agriculture and consumer services who is under

the direction of the state veterinarian; or (ii) a veterinarian deputized pursuant

to section 3.2-5901 of the Code of Virginia.

Sterilize or sterilization means a surgical or chemical procedure performed by a

licensed veterinarian that renders a dog or cat permanently incapable of

reproducing.

Treatment or adequate treatment means the responsible handling or

transportation of animals in the person's ownership, custody or charge,

appropriate for the age, species, condition, size and type of the animal.

Veterinary treatment means treatment by or on the order of a duly licensed

veterinarian.

Vicious dog means a canine or canine crossbreed that has:

(1) Killed a person;

(2) Inflicted serious injury to a person, including multiple bites,

serious disfigurement, serious impairment of health, or serious

impairment of a bodily function; or

(3) Continued to exhibit the behavior that resulted in a previous

finding by a court or, on or before July 1, 2006, by an animal control

officer as authorized by local ordinance, that it is a dangerous dog,

provided that its owner has been given notice of that finding.

Weaned means that an animal is capable of and physiologically accustomed to

ingestion of solid food or food customary for the adult of the species, and has

ingested such food, without nursing, for a period of at least five (5) days.

Wild animal means any warm-blooded animal that can normally be found in

the wild state.

Sec. 3-3. Duties and authority of animal control officers.

(a) By authority of the board of supervisors, the county shall employ

an animal control officer and one (1) or more deputy animal control

officers who shall have the power to enforce this entire chapter and all

state laws enacted for animal control and protection.

(b) The animal control officer and deputy animal control officers shall

have a working knowledge of this chapter and of animal control and

protection laws of Virginia which they are required to enforce. When in

uniform or upon displaying a badge or other credentials of office, the

animal control officers and deputy animal control officers shall have the

power to issue a summons or obtain a felony warrant as necessary,

providing the execution of such warrant shall be carried out by any law

enforcement officer as defined in section 9.1-101 of the Code of Virginia,

to any person found in the act of violating any such law or any ordinance

enacted pursuant to such law of the county in which the animal control

officer or deputy animal control officer is appointed.

(c) Whenever the term "animal control officer" is used in this chapter,

it shall mean the animal control officer appointed and employed

pursuant to this section or any duly employed deputy animal control

officer.

(d) Nothing in this section shall be construed to prevent the issuance

of a warrant for any violation of this chapter based upon the complaint of

any citizen or any law enforcement officer and upon a finding of probable

cause by an officer authorized to issue arrest warrants generally.

(e) Every animal control officer and deputy animal control officers

shall complete the training required by section 3.2-6556 of the Code of

Virginia. Such training shall include, and be completed within two (2)

years after appointment, a basic animal control course that has been

approved by the state veterinarian which shall include training in

recognizing suspected child abuse and neglect and information on how

complaints may be filed. Thereafter, all animal control officers shall

complete such additional training as may be required by the Code of

Virginia. The county shall submit to the state veterinarian, on a form

provided by him, information concerning the employment and training

status of the animal control officers employed by the county. The state

veterinarian may require that the county notify him of any change in

such information.

(f) No individual shall interfere with an animal control officer in the

legal performance of his or her duties. This includes, but is not limited

to, striking or attempting to strike the animal control officer; providing

the animal control officer with false information; taking or attempting to

take any animal from an animal control officer in the legal performance

of his or her duties; taking or attempting to take any animal from any

property owned or controlled by the county without proper authority or

taking or damaging any county property used in conjunction with the

animal control officer's duties.

(g) It shall be unlawful and shall constitute a Class 2 misdemeanor for

any person to make a false statement to an animal control officer while

in the performance of their duties conducting an investigation.

Sec. 3-4. Animals and fowl prohibited to be at large upon, or to graze alongside

of, any public street or highway.

It shall be unlawful for any person to permit any animal or fowl owned by him

or in his custody or under his control to run at large upon, or to graze

alongside, any public street or highway, whether such street or highway be

enclosed by fence or not.

Sec. 3-5. Property line constitutes lawful fence as to certain animals.

The boundary line of each lot or tract of land in this county is hereby declared

to be a lawful fence as to any horse, mule, cattle, hog, sheep, or goat, or

poultry.

Sec. 3-6. When unlawful for animals to run at large.

It shall be unlawful for the owner or custodian of any animal or type of animal

described in section 3-5 to allow said animal to run at large, as to which the

boundaries of lots or tracts of land have been or may be constituted a lawful

fence, or to allow said animal to run at large beyond the limits of the animal

owner's lands within the county, magisterial district or portion of such county

wherein such boundaries have been constituted and shall be a lawful fence.

Sec. 3-7. Maintenance of animals and fowl.

(a) Each stable, pen, coop, or other place where any animal or fowl is

kept, shall be maintained at all times in a safe and sanitary condition

and so as not to constitute a nuisance. Solid and liquid waste matter

shall be removed therefrom not less than twice each week, and more

frequently if necessary, to eliminate offensive odors or to prevent

accumulations constituting a hazard to the health or safety of any

person, animal or fowl.

(b) Any person who violates this section shall be guilty of a Class 1

misdemeanor.

Sec. 3-8. Prohibition of keeping or exhibiting wild, exotic, venomous, or

poisonous animals within the County of Gloucester.

(a) It shall be unlawful for any person to keep, exhibit, or permit to be

kept or exhibited upon any property within the county limits, any wild,

exotic, venomous, or poisonous animal without a permit from an animal

control officer. In no case, however, shall any such wild, exotic,

venomous, or poisonous animal(s) be exhibited, displayed, or kept in

such a manner so as to permit said animal(s) to escape, be at large, or to

otherwise come in direct physical contact with any person unless under

the direct care and control of the handler. The provisions of this section

shall not apply to:

(1) Institutions accredited by the American Zoo and Aquarium

Association (AZA).

(2) Registered nonprofit humane societies.

(3) Animal control officers or law enforcement officers acting

under the authority of this article.

(4) Veterinary hospitals or clinics.

(5) Any wildlife rehabilitator licensed by the state.

(6) Any wildlife sanctuary.

(7) Any licensed or accredited research or medical institution.

(8) Any licensed or accredited educational institution.

(9) Any circus, rodeo or tradeshow.

(10) A person temporarily transporting an exotic animal through

the county if the transit time is not more than ninety-six (96)

hours and the animal is at all times maintained within a

confinement sufficient to prevent the exotic animal from escaping.

(b) The owner or custodian of any wild, exotic, venomous, or

poisonous animal shall apply to the animal control department within

ten (10) working days of obtaining an address within the county or in the

case of an exhibition, ten (10) working days prior to the exhibition, for a

permit authorizing the keeping of said animal within the county limits.

Each applicant for a wild, exotic, venomous, or poisonous animal permit

shall, by affidavit and/or supporting written documentation, provide the

following:

(1) Name and street address of each owner(s)/custodian(s),

eighteen (18) years of age or older;

(2) Location of animal(s) storage facility;

(3) The common and scientific name of the subject animal(s);

(4) The date of acquisition of each animal;

(5) The source of acquisition of each animal;

(6) The sex, age, height and/or length of each animal;

(7) Any identifying marks or numbers unique to each animal;

(8) A statement of understanding signed by the

owner(s)/custodian(s) concerning human exposures in relation to

the current state and local laws involving rabies control;

(9) Verifiable documentation that the animal was brought into

the country legally. Proof the animal was purchased from a

reputable dealer or pet store may constitute sufficient proof. The

animal control officer has final authority in determining what

constitutes sufficient proof;

(10) A current veterinarian's certificate confirming the animal is

disease free;

(11) The current phone number and street address of

owner(s)/custodians(s) and animal(s), if storage location differs

from residence of owner(s)/custodian(s);

(12) At least one (1) emergency phone number where

owner(s)/custodian(s) can be contacted in case of emergency;

(13) Proof the owner has a secure pen, cage or enclosure of

sufficient size and strength to provide adequate shelter for the

animal and to reasonably protect the public; and

(14) Where required by section 29.1-542 of the Code of Virginia, a

copy of the special permit from the Virginia Department of Game

and Inland Fisheries.

(c) The permit shall not be transferable and shall be valid through

December 31 of the year of issue and shall be renewed by January 31 of

each subsequent year. Permits for temporary exhibit shall be valid for the

time period specified in the permit. One (1) permit per address will be

required within the County of Gloucester. On the permit shall be listed

each animal held within the county limits as identified in subsection (b).

The County of Gloucester's wild, exotic, venomous, or poisonous animal

permit shall be required in addition to any required federal or state

permits. Information supplied on such permit shall be provided to

relevant county departments as notification for public health and safety

purposes.

No permit for an exotic animal will be issued by the animal control

department unless all required special permits from the Virginia

Department of Game and Inland Fisheries for wolves, coyotes, or birds or

animals otherwise classified by the commission as predatory or

undesirable have been obtained by the owner or custodian of the exotic

animal. It shall be the responsibility of the owner or custodian of the

exotic animal to provide a valid copy of the special permit to the animal

control department at the time the request for local exotic animal permit

is made.

(d) It shall be unlawful to release, or permit to be released, any wild,

exotic, venomous, or poisonous animal(s) into the wild.

(e) The initial fee to cover the cost of the permit issuance shall be fifty

dollars ($50.00) per address. A charge of twenty-five dollars ($25.00) will

be collected for annual permit renewal, the adding of additional animals

to an existing permit, or the duplication of an existing permit.

(f) It shall be unlawful for any person to furnish false information for

the purpose of obtaining a permit pursuant to subsection (b). Any permit

obtained under fraudulent pretenses shall be null and void with any

animals named thereon subject to impoundment by an animal control

officer pending a determination by a court of competent jurisdiction as to

the appropriate disposition of said animal(s). Upon redemption of the

animal, the owner shall pay impoundment fees of fifty dollars ($50.00);

boarding fees of twenty-five dollars ($25.00) per day; and any additional

costs for medical care or treatment.

(g) Any person applying for a wild, exotic, venomous, or poisonous

animal permit shall provide evidence of surety bond or liability insurance

or bond in the amount of fifty thousand dollars ($50,000.00) which

covers incidences or occurrences involving the wild, exotic, venomous, or

poisonous animals.

(h) The animal control officer or his designee may reject an application

for a wild, exotic, venomous, or poisonous animal permit, renewal of a

permit, or the addition of an animal to an existing permit for any of the

following reasons:

(1) Failure to comply with or supply any information required in

subsection (b);

(2) Falsification of any information required in subsection (b);

(3) Previous or current violations of any provisions of this

section;

(4) Previous or current violations of any local, state, or federal

law relating to animals; or

(5) The history or demonstration of a vicious or dangerous

nature of an animal.

(i) The animal control officer, or his designee, may revoke a wild,

exotic, venomous, or poisonous animal permit and impound the

animal(s) for any of the following reasons:

(1) Failure to comply with the terms of this section;

(2) Falsification of any information required in subsection (b); or

(3) Violation of any local, state or federal law applicable to

animals.

(j) The permittee shall post a placard provided by the animal control

officer in an area of public view on any premises, building or structure

where the wild, exotic, venomous, or poisonous animal is kept or housed.

Failure to post the placard shall be a violation of this section.

Sec. 3-9. Infectious or contagious diseases among animals and poultry; duty of

owners and custodians; procedure for establishing quarantine.

(a) It shall be the duty of any person owning or having the custody of

any animal or poultry within the county, upon ascertaining that such

animal or fowl may be afflicted with a contagious or infectious disease, to

forthwith give notice thereof to the health director.

(b) The health director, upon receipt of such notice, shall then cause

an investigation to be made to determine whether quarantine lines

should be established within any part of the county, and upon an

affirmative finding, the health director shall forthwith give notice to the

state veterinarian as to the facts determined by such investigation, for

such action as the state veterinarian may deem appropriate under the

provisions of sections 3.2-6000 through 3.2-6030 of the Code of Virginia.

(c) Any person who violates this section shall be guilty of a Class 1

misdemeanor.

Sec. 3-10. Same--Transporting or conveying custody or possession of animal

or fowl exposed to disease.

It shall be unlawful for any person to drive, or by any other means, to transport

beyond his own property or to sell, give away, or otherwise convey the

possession or custody of any animal or fowl, knowing or having reason to know

that such animal or fowl has, or has been exposed to, any infectious or

contagious disease; provided, that nothing in this subsection shall be

construed to prohibit the transportation of any animal or fowl to a

veterinarian's office, animal hospital, or other place for care or treatment, or to

prohibit the custody of such animal or fowl by a licensed veterinarian or other

person qualified to render care or treatment to such animal or fowl.

Sec. 3-11. Notification by individuals finding companion animals.

(a) Any individual who finds a companion animal and (i) provides care

or safekeeping, or (ii) retains a companion animal in such a manner as to

control its activities shall, within forty-eight (48) hours:

(1) Make a reasonable attempt to notify the owner of the

companion animal, if the owner can be ascertained from any tag,

license, collar, tattoo, microchip, or other form of identification or

markings, or if the owner of the animal is otherwise known to the

individual; and

(2) Notify the animal control department and inform them where

the companion animal was found and provide contact information,

including a name, a contact telephone number, a description of the

animal, including information from any tag, license, collar, tattoo,

microchip, or other identification or markings, and the location

where the companion animal was found.

(b) If any individual finds a companion animal and (i) provides care or

safekeeping, or (ii) retains a companion animal in such a manner as to

control its activities, the individual shall comply with the provisions of

section 3.2-6503 of the Code of Virginia and section 3-15 of this article.

(c) Any individual who violates this section shall be subject to a civil

penalty not to exceed fifty dollars ($50.00) per companion animal.

Sec. 3-12. Releasing agencies registration required.

(a) All releasing agencies operating within the county shall register

annually, not later than January 31 of each year, with the animal control

department.

(b) It shall be unlawful for any person, other than a releasing agency

that has registered as such annually with the local animal control

department, to own a dog four (4) months old or older in the county or

state unless such dog is licensed, as required by the provisions of this

chapter.

Sec. 3-13. Cruelty to animals.

(a) Any person who:

(1) Overrides, overdrives, overloads, tortures, ill-treats,

abandons, willfully inflicts inhumane injury or pain not connected

with bona fide scientific or medical experimentation, or cruelly or

unnecessarily beats, maims, mutilates, or kills any animal,

whether belonging to himself or another;

(2) Deprives any animal of necessary food, drink, shelter, or

emergency veterinary treatment;

(3) Sores any equine for any purpose or administers drugs or

medications to alter or mask such soring for the purpose of sale,

show, or exhibition of any kind, unless such administration of

drugs or medications is within the context of a veterinary client-

patient relationship and solely for therapeutic purposes;

(4) Willfully sets on foot, instigates, engages in, or in any way

furthers any act of cruelty to any animal;

(5) Carries or causes to be carried in or upon any vehicle,

vessel, or otherwise any animal in a cruel, brutal, or inhumane

manner, so as to produce torture or unnecessary suffering; or

(6) Causes any of the above things, or being the owner of such

animal permits such acts to be done by another, shall be guilty of

a Class 1 misdemeanor.

(b) Subsequent violations punishable as a Class 6 felony shall be

charged under section 3.2-6570(B) of the Code of Virginia.

(c) Nothing in this section shall be construed to prohibit the

dehorning of cattle conducted in a reasonable and customary manner.

(d) For the purposes of this section the word animal shall be

construed to include birds and fowl.

(e) This section shall not prohibit authorized wildlife management

activities or hunting, fishing, or trapping as regulated under the other

titles of the Code of Virginia including, but not limited to, Title 29.1, or to

farming activities as provided under Title 3.2 or regulations promulgated

thereunder.

(f) In addition to the penalties provided in subsection (a), the court

may, in its discretion, require any person convicted of a violation of

subsection (a) to attend an anger management or other appropriate

treatment program or obtain psychiatric or psychological counseling. The

court may impose the costs of such a program or counseling upon the

person convicted.

(g) It is unlawful for any person to kill a domestic dog or cat for the

purpose of obtaining the hide, fur, or pelt of the dog or cat. A violation of

this subsection shall constitute a Class 1 misdemeanor. A second or

subsequent violation of this subsection shall be charged under section

3.2-6570(E) of the Code of Virginia.

(h) Any person who (i) tortures, willfully inflicts inhumane injury or

pain not connected with bona fide scientific or medical experimentation,

or cruelly and unnecessarily beats, maims, or mutilates any dog or cat

that is a companion animal whether belonging to him or another and (ii)

as a direct result causes the death of such dog or cat that is a

companion animal, or the euthanasia of such animal on the

recommendation of a licensed veterinarian upon determination that such

euthanasia was necessary due to the condition of the animal, punishable

as a Class 6 felony, shall be charged under section 3.2-6570(F) of the

Code of Virginia. If a dog or cat is attacked on its owner's property by a

dog so as to cause injury or death, the owner of the injured dog or cat

may use all reasonable and necessary force against the dog at the time of

the attack to protect his dog or cat. Such owner may be presumed to

have taken necessary and appropriate action to defend his dog or cat and

shall therefore be presumed not to have violated this subsection.

(i) Any person convicted of violating this section may be prohibited by

the court from possession or ownership of companion animals.

Sec. 3-14. Use of fireworks causing injury to animals.

It shall be unlawful to set off or use any fireworks that result in an injury to

any animal caused by direct contact with the fireworks or if the animal injured

itself from fear of the fireworks.

Sec. 3-15. Failure to perform duties of ownership. Care of companion

animals; penalty.

(a) Each owner or custodian of an animal shall provide for each of his

companion animals all the following as defined in section 3.2-6500 of

the Code of Virginia:

(1) Adequate feed;

(2) Adequate water;

(3) Adequate shelter that is properly cleaned and sanitized;

(4) Adequate space in the primary enclosure for the particular

type of animal depending upon its age, size, species, and weight;

(5) Adequate exercise;

(6) Adequate care, treatment and transportation; and

(7) Veterinary care when needed for disease control or to

prevent suffering or disease transmission.

The provisions of this section shall also apply to every an owner or custodian

of any animal, fowl, or reptile, including every private owner, animal shelter or

other releasing agency, and every foster care provider, pound, dealer, pet

shop, exhibitor, kennel, groomer, and boarding establishment. This section

shall not require that animals used as food for other animals be euthanized.

(b) Game and wildlife species shall be cared for in accordance with

current regulations promulgated by the Virginia Department of Games

and Inland Fisheries.

(c) Violation of this section is a Cclass 4 misdemeanor. A second or

subsequent violation of section 3-15 (a)(1), (2), (3) or (7) is a class 2

misdemeanor; and a second or subsequent violation of section 3-15

(a)(4), (5) or (6) is a class 3 misdemeanor.

Sec. 3-15.1. Care of agricultural animals; penalty.

(a) Each owner or custodian shall provide for each of his

agricultural animals:

(1) Feed to prevent malnourishment;

(2) Water to prevent dehydration; and

(3) Veterinary treatment as needed to address impairment of

health or bodily function when such impairment cannot be

otherwise addressed through animal husbandry, including

humane destruction.

(b) The provisions of this section shall not require an owner to

provide feed or water when such is customarily withheld, restricted,

or apportioned pursuant to a farming activity or if otherwise

prescribed by a veterinarian.

(c) There shall be a rebuttable presumption that there has been

no violation of this section if an owner is unable to provide feed,

water, or veterinary treatment due to an act of God.

(d) The provisions of this section shall not apply to agricultural

animals used for bona fide medical or scientific experimentation.

(e) A violation of this section is a class 4 misdemeanor.

Sec. 3-15.12. Abandonment of animals.

It shall be unlawful for any owner or custodian to abandon any dog, cat, or any

other animal or fowl or reptile in any public place, including the right-of-way of

any public highway, road or street, or on the property of another.

Sec. 3-16. Allowing animals to defecate on public property or on private

property of other persons.

It shall be unlawful for any owner or person in control of any animal to allow

any animal to defecate on the property of other persons without their consent

or that of the authorized agent or person having control of the premises or on

public property. Immediate removal and sanitary disposal of the defecated

matter shall not constitute a violation of this section. The defecated matter

shall be placed in a container and disposed of in a proper waste receptacle.

Sec. 3-17. Animals riding in open vehicles.

It shall be unlawful for the operator of any motor vehicle on a pubic road to

place or keep an animal in any portion of such vehicle that is open in such a

manner so as to permit such animal to jump out of or escape the vehicle or to

be thrown from the vehicle by acceleration or stopping of the vehicle or by an

accident involving the vehicle. The prohibited portions of a motor vehicle shall

include, but not be limited to:

(1) The open bed of a truck or upon a motorcycle; or

(2) The rear storage portion of a vehicle with the tailgate, truck, or

hatchback portion open or down. For the purposes of this section, the

operator of a motor vehicle shall be deemed to have control of any animal

found there.

Sec. 3-18. Animals in enclosed vehicles.

(a) It shall be unlawful to leave any animal in an enclosed a vehicle

without the benefit of air conditioning when the outside temperature

reaches eighty (80) degrees fahrenheit or greater.

(b) Any person who confines an animal in an unattended, enclosed

vehicle so as to cause the animal to suffer from heat stress, shall be

guilty of a Class 1 misdemeanor. The animal control officer or other

officer shall have the authority to remove any animal found in an

enclosed vehicle that appears to be suffering from heat stress. The

animal shall be provided immediate veterinary care. The animal owner or

custodian shall be responsible for all expenses incurred during the

removal of the animal or its subsequent treatment and impoundment.

(c) In the event that the person responsible for the violation cannot be

ascertained, the registered owner of the vehicle, as required by Chapter 6

of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima

facie presumption that such registered owner was the person who

committed the violation.

Sec. 3-19. Seizure and impoundment of animals.

(a) Any humane investigator, law enforcement official officer or

animal control officer may lawfully seize and impound any animal,

fowl, or reptile that has been abandoned, has been cruelly treated,

or is suffering from an apparent violation of this article that has

rendered the animal in such condition as to constitute a direct and

immediate threat to its life, safety, or health. Such seizure and

impoundment shall be effected consistent with the provisions

of Va. Code § 3.2-6569.

(b) If the owner or custodian of any companion animal which has

been impounded can be reasonably ascertained, that person

shall be given notice of the impoundment. Prior to

redemption of the animal, the owner or custodian shall pay to

the county an impoundment fee of twenty dollars ($20.00),

and a boarding fee of ten dollars ($10.00) per day for each day

the animal remains impounded, for each animal impounded.

All fees and medical expenses accrued shall be paid to the

treasurer’s office prior to release of the animal to the owner.

Sec. 3-20. Impoundment and redemption of livestock found at large.

The animal control officer shall take up and impound any livestock found

running at large in violation of this article or any provision of the Code of

Virginia. If the owner or custodian of any livestock so impounded can be

ascertained, that person shall be given notice of such impoundment. Upon

redemption of the livestock, the owner or custodian shall pay an impoundment

fee of fifty dollars ($50.00) for each and every time the same animal is

impounded, and a boarding fee of twenty-five dollars ($25.00) per day for each

day that the animal remains impounded in the county's facility or other

designated facility. The owner or custodian of any livestock so impounded shall

also pay all additional expenses incurred as a result of impoundment to

include veterinary fees and needed special foods and medications. Any owner

who requests the assistance of the animal control department to aid in the

capture of their livestock shall be liable for all expenses incurred by the animal

control department.

The owner of any animal, fowl, or reptile impounded pursuant to this chapter

shall be required to pay an impound fee of twenty-five dollars ($25.00),

boarding fees of ten dollars ($10.00) per day, and costs of any necessary

medical care or treatment. All fees accrued shall be paid to the treasurer's

office prior to the release of the animal, fowl, or reptile to the owner.

The owner of any animal held pursuant to this article for more than thirty (30)

days is required to post surety with Gloucester County for the amount of the

cost of boarding the animal until the appropriate hearing can be concluded in

the appropriate court, but in no case shall such time exceed nine (9) months.

Sec. 3-21. Casting carcass in road; disposition of carcasses.

(a) It shall be unlawful for any person to cast any dead animal or fowl

into the road, or knowingly permit any dead animal or fowl to remain

unburied upon his property when offensive to the public, or have in

custody any maimed, diseased, disabled, or infirm animal or fowl, or to

leave it to lie or be in a street, road, or public place.

(b) The owner of any animal or grown fowl which has died, when he

knows of such death, shall forthwith have its body cremated, buried, or

sanitarily disposed of, and if he fails to so do, after notice to the owner if

he can be ascertained, the animal control officer or other officer shall

cause any such dead animal or fowl to be cremated or buried, and the

officer shall be entitled to recover from the owner of every such animal or

grown fowl so cremated or buried, the actual cost of such cremation or

burial to be recovered in the same manner as officers' fees are recovered,

free from all exemptions in favor of such owner.

Sec. 3-22. Bird sanctuaries.

(a) Upon approval by the board of supervisors, a group of private

citizens may post the boundary lines of an area of the county that has

been designated as a bird sanctuary by the county with signs giving

notice that the land so posted is a bird sanctuary and that killing,

wounding or molesting birds, and molesting bird nests is unlawful.

(b) When signs are posted along the boundary lines of an area of the

county in compliance with the provisions of subsection (a) of this section,

it shall be unlawful for any person to kill, wound, or molest any bird or

to molest any bird's nest within such sanitary district, or to permit any

dog under the person's care and control to hunt therein.

(c) The following areas of the county are declared bird sanctuaries:

(1) Gloucester Sanitary District No. 1 (approximately seven

hundred fifty (750) acres covering most of the core of the

courthouse village area).

(2) Goshen, Abingdon Magisterial District. For a more particular

description, reference is made to that certain plat of survey

prepared by Dawson, Phillips, Dischinger and Associates;

engineers and surveyors, Gloucester, Virginia, dated January 9,

1987, entitled "Plat Showing Survey of the Land of Edwin A.

Joseph, Located in the Ware District of Gloucester County,

Virginia", and recorded in the clerk's office of the Circuit Court of

Gloucester County, Virginia, in Clerk's Plat Book 21, pages 879,

879A and 879B.

Secs. 3-23--3-27. Reserved.

ARTICLE II. DOGS

DIVISION I. GENERALLY

Sec. 3-28. Animal control officers and deputies to enforce article and

applicable provisions of state dog laws.

Pursuant to the provisions of section 3.2-6555 of the Code of Virginia, the

animal control officer and his deputies shall enforce the provisions of this

article and the applicable provisions of the comprehensive animal laws, Title

3.2, Chapter 65 of the Code of Virginia, within this county, under the general

supervision of the county administrator.

Sec. 3-29. Penalty for violation of Article II.

A violation of this article shall be deemed a Class 3 misdemeanor, unless a

different class or punishment is provided therefor.

Sec. 3-30. License required; unlicensed dogs prohibited.

It shall be unlawful for any person to own or have in his custody within the

county, a dog four (4) months or more of age, unless such dog is licensed as

provided in this article.

Sec. 3-31. Amount of license tax, kennel tax; exemptions.

(a) The license tax shall be as follows:

Dog(Male or Female) Type of RabiesCertificate* (up to three (3) years)

LicenseTax

Unneutered/unspayed One (1) year Multiyear (up to three (3) years)

$10.00 25.00

Neutered/spayed* One (1) year Multiyear

3.00 8.00

*Evidence from a licensed veterinarian required.

Abatement of the multiyear license tax will be made only in cases where the

rabies certificate expires in less than twelve (12) months. In those cases, the

tax applicable to a one-year certificate will be imposed.

(1) The annual tax for dog kennels shall be as follows:

Number of Dogs** Up to:

License Tax

5-10 $50.00 20 100.00 30 150.00 40 200.00 50 250.00 **Kennel licenses shall be sold in blocks of ten (10).

Duplicate licenses to replace current previously purchased licenses

shall be issued by the treasurer's office for one dollar ($1.00) per

tag.

(b) No license tax shall be levied on any dog that is trained and serves

as a guide dog for a blind person, or that is trained and serves as a

hearing dog for a deaf or hearing-impaired person, or that is trained and

serves as a service dog for a mobility-impaired person. As used in this

section, the term "hearing dog" means a dog trained to alert its owner by

touch, to sounds of danger and sounds to which the owner should

respond, and a "service dog" means a dog trained to accompany its owner

for the purpose of carrying items, retrieving objects, pulling a wheelchair,

or other such activities of service or support.

Sec. 3-32. When license tax due and payable.

(a) The license tax for each dog is due no later than thirty (30) days

after a dog has reached the age of four (4) months, or no later than thirty

(30) days after an owner acquires a dog four (4) months of age or older.

Such license tax shall cover a license period which runs concurrently

with the rabies vaccination and shall expire upon expiration of the

current rabies vaccination.

(b) All kennel licenses shall be due on January 1 and not later than

January 31 of each year.

(c) It shall be unlawful for the owner of any dog to fail to pay the

license tax when due. Upon conviction of any owner for a violation of this

provision, in addition to any penalty imposed, the court may order the

confiscation and proper disposition of the dog.

Sec. 3-33. Certification of inoculation or vaccination prerequisite for issuance

of license.

(a) No license shall be issued for any dog pursuant to section 3-31,

unless at the time of application the applicant presents to the treasurer's

office a certificate issued by a currently licensed veterinarian or currently

licensed veterinary technician who was under the immediate and direct

supervision of a licensed veterinarian on the premises. Such certificate

shall be valid on the date of application and shall show that such dog

has been inoculated or vaccinated against rabies. The license period

shall cover the timeframe which runs concurrently with the rabies

vaccination and shall expire upon expiration of the current rabies

vaccination.

(b) No metal tag shall be issued for any dog subject to a kennel license

issued pursuant to section 3-31, unless at the time of application the

applicant presents to the treasurer's office a certificate issued by a

currently licensed veterinarian or currently licensed veterinary

technician who was under the immediate and direct supervision of a

licensed veterinarian on the premises. Such certificate shall be valid on

the date of application and shall show that such dog has been inoculated

or vaccinated against rabies. The metal tag shall be valid for the period of

the kennel license or until the expiration of the current rabies

vaccination, whichever occurs first.

Sec. 3-34. Issuance and design of license tag; required wearing of tag.

(a) Upon receipt of a proper application, current certificate(s) of

vaccination, as required by section 3-51 and prescribed license tax, the

treasurer's office shall issue a dog or kennel license.

(b) Each dog license shall consist of a license tax receipt and a metal

tag.

(c) Each kennel license shall consist of a license tax receipt and metal

tags. Metal kennel tags shall only be issued for the number of dogs that

the owner can show satisfactory evidence have been vaccinated against

rabies as required in section 3-51. All other unused kennel tags will be

held by the treasurer's office to be given to the owner of said kennel

license, if they wish to license additional vaccinated dogs.

(d) On such receipt, the treasurer's office shall record the name and

address of the owner or custodian, the date of payment, the period for

which the license is issued, the serial number of the tag, and whether

male, female, unsexed, or kennel. The receipt information shall be

retained by the treasurer's office, open to public inspection, during the

period for which such license is valid.

(e) The metal license tag shall be stamped or permanently marked to

show that it was issued by Gloucester County, Virginia, and to show the

serial number.

(f) The metal license tag shall be affixed to the collar of the dog to

which it relates, and must be worn by such dog at all times except:

(1) When the dog is competing in a dog show; or

(2) When the dog has a skin condition which would be

exacerbated by the wearing of a collar.

Sec. 3-35. Payment of license tax subsequent to summons.

Payment of the license tax subsequent to a summons to appear before a court

for failure to do so within the time required, shall not operate to relieve such

owner from the penalties or court costs provided under Va. Code §§ 16.1-

69.48:1 or 17.1-275.1.

Sec. 3-36. Effect of dog not wearing collar bearing metal license tag as

evidence.

Any dog not wearing a collar bearing a valid metal license tag shall prima facie

be deemed to be unlicensed, and in any proceedings under this article the

burden of proof of the fact that such dog has been licensed, or is otherwise not

required to bear a tag at the time, shall be on the owner of the dog.

Sec. 3-37. Impoundment and redemption of dogs found at large without metal

license tag.

The animal control officer shall seize and impound, at a facility designated for

such purpose by the board of supervisors, any dog found running at large

without wearing a valid metal license tag, and any other dog requiring

impoundment by any provision of this Code or any provision of the Code of

Virginia. If the owner or custodian of any dog so impounded can be

ascertained, that person shall be given notice of such impoundment. Prior to

redemption of the dog, the owner or custodian shall pay an impoundment fee of

twenty dollars ($20.00) for each and every time the same animal is impounded,

and a boarding fee of ten dollars ($10.00) per day for each day that the animal

remains impounded in the county's facility. All fees and medical expenses

accrued shall be paid to the treasurer's office prior to the release of the dog to

the owner.

Sec. 3-38. Dangerous and vicious dogs.

(a) As used in this section:

(1) Dangerous dog means a canine or canine crossbreed that

has bitten, attacked, or inflicted injury on a person or companion

animal that is a dog or cat, or killed a companion animal that is a

dog or cat. However, when a dog attacks or bites a companion

animal that is a dog or cat, the attacking or biting dog shall not be

deemed dangerous:

a. If no serious physical injury as determined by a

licensed veterinarian has occurred to the dog or cat as a

result of the attack or bite;

b. If both animals are owned by the same person;

c. If such attack occurs on the property of the attacking

or biting dog's owner or custodian; or

d. For other good cause as determined by the court. No

dog shall be found to be a dangerous dog as a result of

biting, attacking, or inflicting injury on a dog or cat while

engaged with an owner or custodian as part of lawful

hunting or participating in an organized, lawful dog-handling

event. No dog that has bitten, attacked, or inflicted injury on

a person shall be found to be a dangerous dog if the court

determines, based on the totality of the evidence before it,

that the dog is not dangerous or a threat to the community.

(2) Vicious dog means a canine or canine crossbreed that has:

a. Killed a person;

b. Inflicted serious injury to a person, including multiple

bites, serious disfigurement, serious impairment of health,

or serious impairment of a bodily function; or

c. Continued to exhibit the behavior that resulted in a

previous finding by a court or on or before July 1, 2006, by

an animal control officer as authorized by local ordinance,

that it is a dangerous dog, provided that its owner has been

given notice of that finding.

(b) Any law enforcement officer or animal control officer who has

reason to believe that a canine or canine crossbreed within the county is

a dangerous dog or vicious dog shall apply to a magistrate serving the

county for the issuance of a summons requiring the owner or custodian,

if known, to appear before the general district court at a specified time.

The summons shall advise the owner of the nature of the proceeding and

the matters at issue. If a law enforcement officer successfully makes an

application for the issuance of a summons, he shall contact the local

animal control officer and inform him of the location of the dog and the

relevant facts pertaining to his belief that the dog is dangerous or

vicious. The animal control officer shall confine the animal until such

time as evidence shall be heard and a verdict rendered. If the animal

control officer determines that the owner or custodian can confine the

animal in a manner that protects the public safety, he may permit the

owner or custodian to confine the animal until such time as evidence

shall 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 shall 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 shall

order the animal euthanized in accordance with the provisions of section

3.2-6562 of the Code of Virginia. The court, upon finding the animal to

be a dangerous or vicious dog, may order the owner, custodian, or

harborer thereof to pay restitution for actual damages to any person

injured by the animal or whose companion animal was injured or

killed by the animal. The procedure for appeal and trial shall be the

same as provided by law for misdemeanors. Trial by jury shall be as

provided in Article 4 (section 19.2-260 et seq.) of Chapter 15 of Title 19.2

of the Code of Virginia. The commonwealth or county shall be required to

prove its case beyond a reasonable doubt.

(c) No canine or canine crossbreed shall be found to be a dangerous

dog or vicious dog solely because it is a particular breed, nor is the

ownership of a particular breed of canine or canine crossbreed

prohibited. No animal shall be found to be a dangerous dog or vicious

dog if the threat, injury or damage was sustained by a person who was:

(1) Committing, at the time, a crime upon the premises

occupied by the animal's owner or custodian;

(2) Committing, at the time, a willful trespass upon the

premises occupied by the animal's owner or custodian; or

(3) Provoking, tormenting, or physically abusing the animal, or

can be shown to have repeatedly provoked, tormented, abused, or

assaulted the animal at other times. No police dog that was

engaged in the performance of its duties as such at the time of the

acts complained of shall be found to be a dangerous dog or a

vicious dog. No animal that, at the time of the acts complained of,

was responding to pain or injury, or was protecting itself, its

kennel, its offspring, a person, or its owner's or custodian's

property, shall be found to be a dangerous dog or a vicious dog.

(d) If the owner of an animal found to be a dangerous dog is a minor,

the custodial parent or legal guardian shall be responsible for complying

with all requirements of this section.

(e) The owner of any animal found to be a dangerous dog shall, within

ten (10) forty-five (45) days of such finding, obtain a dangerous dog

registration certificate from the animal control department after a fee of

one hundred fifty dollars ($100.00) ($150.00) is paid to the treasurer's

office, in addition to other fees that may be authorized by law. The

treasurer's office shall also provide the owner with a uniformly designed

tag that identifies the animal as a dangerous dog. The owner shall affix

the tag to the animal's collar and ensure that the animal wears the collar

and tag at all times. All By January 31 of each year, until such time

as the dangerous dog is deceased, all certificates obtained pursuant to

this subsection shall be renewed annually for the same fee shall be

updated and renewed for a fee of eighty-five dollars ($85.00) and in

the same manner as the initial certificate was obtained. The animal

control officer shall provide a copy of the dangerous dog registration

certificate and verification of compliance to the state veterinarian post

registration information on the Virginia Dangerous Dog Registry.

(f) All dangerous dog registration certificates or renewals thereof

required to be obtained under this section shall only be issued to persons

eighteen (18) years of age or older who present satisfactory evidence:

(1) Of the animal's current rabies vaccination, if applicable;

(2) That the animal has been neutered or spayed; and

(3) That the animal is and will be confined in a proper

enclosure, or is and will be confined inside the owner's 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

shall not be issued a certificate or renewal thereof unless they

present satisfactory evidence that:

a. 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

b. The animal has been permanently identified by means

of a tattoo on the inside thigh or by electronic implantation.

All certificates or renewals thereof required to be obtained under this section

shall only be issued to persons who present satisfactory evidence that the

owner has liability insurance coverage, to the value of at least one hundred

thousand dollars ($100,000.00), that covers animal bites. The owner may

obtain and maintain a bond in surety, in lieu of liability insurance, to the value

of at least one hundred thousand dollars ($100,000.00).

(g) While on the property of its owner, an animal found to be a

dangerous dog shall 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 shall be designed to provide the animal with shelter from the

elements of nature. When off its owner's property, an animal found to be

a dangerous dog shall be kept on a leash and muzzled in such a manner

as not to cause injury to the animal or interfere with the animal's vision

or respiration, but so as to prevent it from biting a person or another

animal.

(h) The owner of any dog found to be dangerous shall register the

animal with the Commonwealth of Virginia Dangerous Dog Registry, as

established under section 3.2-6542 of the Code of Virginia, within forty-

five (45) days of such a finding by a court of competent jurisdiction. The

owner shall also cause the local animal control officer to be promptly

notified of:

(1) The names, addresses, and telephone numbers of all owners;

(2) All of the means necessary to locate the owner and the dog

at any time;

(3) Any complaints or incidents of attack by the dog upon any

person or cat or dog;

(4) Any claims made or lawsuits brought as a result of any

attack;

(5) Tattoo or chip identification information or both;

(6) Proof of insurance or surety bond; and

(7) The death of the dog.

(i) After an animal has been found to be a dangerous dog, the

animal's owner shall immediately, upon learning of same, cause the

animal control department to be notified if the animal:

(1) Is loose or unconfined;

(2) Bites a person or attacks another animal; or

(3) Is sold, given away, or dies.

Any owner of a dangerous dog who relocates to a new address shall, within ten

(10) days of relocating, provide written notice to the animal control department

of the old address from which the animal has moved and the new address to

which the animal has been moved.

(j) Any owner or custodian of a canine or canine crossbreed or other animal

is guilty of a:

(1) Class 2 misdemeanor, if the canine or canine crossbreed

previously declared a dangerous dog pursuant to this section, when such

declaration arose out of a separate and distinct incident, attacks and

injures or kills a cat or dog that is a companion animal belonging to

another person;

(2) Class 1 misdemeanor if the canine or canine crossbreed previously

declared a dangerous dog pursuant to this section, when such

declaration arose out of a separate and distinct incident, bites a human

being or attacks a human being causing bodily injury; or

(3) Class 6 felony, if any owner or custodian whose willful act or

omission in the care, control, or containment of a canine, canine

crossbreed, or other animal is so gross, wanton, and culpable as to show

a reckless disregard for human life, and is the proximate cause of such

dog or other animal attacking and causing serious bodily injury to any

person. Such conduct shall be charged under section 3.2-6540(J)(3) of

the Code of Virginia.

The provisions of this subsection shall not apply to any animal that, at the time

of the acts complained of, was responding to pain or injury, or was protecting

itself, its kennel, its offspring, a person, or its owner's or custodian's property,

or when the animal is a police dog that is engaged in the performance of its

duties at the time of the attack.

(k) The owner of any animal that has been found to be a dangerous

dog, who willfully fails to comply with the requirements of this section, is

guilty of a Class 1 misdemeanor.

(l) All fees collected pursuant to this section, less the costs incurred

by the animal control department in producing and distributing the

certificates and tags required by this section and fees due to the State

Veterinarian for maintenance of the Virginia Dog Registry, shall be

paid into a special dedicated fund in the treasury of the county for the

purpose of paying the expenses of any training course required under

section 3.2-6556 of the Code of Virginia.

Sec. 3-39. Nuisance animals.

(a) It shall be unlawful for any owner or custodian of an animal to fail

to exercise proper care and control of his/her animal to prevent it from

becoming a public nuisance, such as, but not limited to: Excessive or

continuous barking audible outside the perimeters of the owner's

property; molesting of a passerby, chasing vehicles, attacking other

domestic animals; or trespassing upon school grounds and public parks.

(b) Any person owning or having in his possession or under his

control any female dog in estrus (in season) shall exercise proper care

and control over such animal to prevent it from becoming a nuisance.

Allowing said animal to be at large or to be tied outside of a fenced or

other enclosed area so as to attract other animals shall constitute a

nuisance.

(c) It shall be unlawful for any person to carry or wear any live snake

or reptile in public unless such snake or reptile is securely placed in an

acceptable animal carrier so as to prevent escape or injury to the snake

or reptile, another animal or human being.

Secs. 3-40--3-45. Reserved.

DIVISION 2. DOGS RUNNING AT LARGE IN CERTAIN AREAS

Sec. 3-46. Running at large; prohibited in regulated areas.

(a) Any owner or custodian, whose dog is found to be running at large

within the areas of the county described in the schedule of regulated

areas specified in section 3-47 shall be in violation of this section.

(b) For the purpose of this section, a dog shall be deemed to run at

large while roaming, running, or self-hunting off the property of its owner

or custodian and not controlled by its owner or custodian by a leash or

lead or other means of restraint not harmful or injurious to the dog.

(c) Any person who permits its dog to run at large, or remain

unconfined, unrestricted, or not penned up, shall be deemed to have

violated the provisions of this section. The animal control officer or law

enforcement officers shall have the duty to enforce the provisions of this

section, and any person found in violation of this section shall be guilty

of a Class 3 misdemeanor.

(d) This section shall not apply to any person who uses a dog under

his direct supervision while lawfully hunting, while engaged in

supervised formal obedience training class or show, or during formally

sanctioned field trials.

Sec. 3-47. Official schedule of restricted areas for dogs running at large.

(a) All property owned or leased by the County of Gloucester (all parks

and playgrounds) or the School Board of Gloucester County (all school

grounds); and

(b) All property in Gloucester Sanitary District No. 1 (approximately

seven hundred fifty (750) acres covering most of the core of the

courthouse village area); and

(c) The following subdivisions/areas:

Magisterial

District *

Subdivision/Area

Description

Abingdon Carter’s Cove Subdivision

Crescent Run Subdivision

Sandy and Jones Creek

Subdivision

Village Knoll Subdivision

All sections of the subdivision

as shown on all plats now on

record in the clerk’s office of

the county circuit court and all

future recorded plats of

sections of the subdivision

appurtenant to the subdivision

as it exists on February 7,

2006.

Abingdon Claybank Landing Area The area and property located

and lying between Hermitage

(Virginia State Route Number

682) and the mean low water

mark of the York River, being

more particularly described as:

bounded on the northeast by

the center line of Hermitage

Lane, as it runs from Aberdeen

Creek in a northwesterly

direction to its intersection

with Clay Bank Road (Virginia

State Route Number 616); on

the northwest by the center

line of Clay Bank Road, as it

runs from its intersection with

Hermitage Lane in a

southwesterly direction

through Clay Bank Landing to

the mean low water mark of the

York River; on the southwest

by the shore line of the York

River at mean low water, as it

meanders in a southeasterly

direction between Clay Bank

Landing and Aberdeen Creek;

and on the southeast by the

point where the center line of

Hermitage Lane extended

intersects the shore line at

mean low water of Aberdeen

Creek and the York River, the

point of beginning.

Abingdon Deer Run Area** Commencing at a point on the

centerline of State Route 619 at

its intersection with State

Route 1040; thence in a

westerly direction along the

centerline of Route 619 and the

dirt lane which continues in a

westerly direction at the

terminus of Route 619 a

distance of approximately

1,316 feet to an iron pipe;

thence south 26 degrees 48

minutes 49 seconds east, a

distance of five hundred ninety-

four (594) feet to an iron pipe;

thence south 25 degrees 34

minutes 22 seconds east a

distance of approximately six

hundred eighty (680) feet to the

center of Fox Mill Run; thence

in a generally southeasterly

direction along the center of

Fox Mill Run to its confluence

with Crany Creek; thence in a

generally northerly direction

along the center of Crany Creek

to Route 619; thence in a

westerly direction along the

centerline of Route 619 to its

intersection with Route 1040,

the point of beginning.

Petsworth Foxhaven Subdivision

“The Commons”

All sections of the subdivision

as shown on all plats now on

record in the clerk’s office of

the county circuit court and all

future recorded plats of

sections of the subdivision

appurtenant to the subdivision

as it exists on February 7,

2006.

All sections of the subdivision

as shown on all plats now on

record in the clerk's office of

the county circuit court and all

future recorded plats of

sections of the subdivision

appurtenant to the subdivision

as it exists on July 1, 2008.

Ware Campfield Subdivision

Cedar Lake Subdivision

Founders Mill Subdivision

Glen Roy Estates

Holly Springs Subdivision

All sections of the subdivision

as shown on all plats now on

record in the clerk’s office of

the county circuit court and all

future recorded plats of

sections of the subdivision

appurtenant to the subdivision

Hunter’s Run Subdivision

Meadow Brook Subdivision

Sheffield Subdivision

Deer Run Area**

(See Abingdon above for

description)

as it exists on February 7,

2006.

York/Gloucester

Point York

Entire Districts

Areas as described

All areas of the County lying

south of a boundary line

starting at Cedar Bush Creek

then along Cedar Bush Road

(State Route 633) to its

intersection with Hickory Fork

Road (State Route 614) thence

southerly along U.S. Route #17

to Brays Point Road (State

Route 636) then southeasterly

along Brays Point Road to

where it terminates at the

Severn River.

Gloucester

Point

Entire District

* Magisterial District is listed to assist in locating the regulated areas only.

Redistricting may result in a subdivision or area moving to another district.

** Portions of Deer Run Subdivision are in both Abingdon and Ware Magisterial

districts.

Sec. 3-48. Reserved.

DIVISION 3. COMMERCIAL DOG BREEDING OPERATIONS

Sec. 3-48.1. Business license required.

No commercial dog breeder shall breed dogs in the county without a valid

business license issued by the county.

Sec. 3-48.2. Commercial dog breeding; requirements.

Commercial dog breeders shall:

(1) Maintain no more than fifty (50) dogs over the age of one (1) year at

any time for breeding purposes;

(2) Breed female dogs only: (i) after annual certification by a licensed

veterinarian that the dog is in suitable health for breeding; (ii) after the

dog has reached the age of eighteen (18) months; and (iii) if the dog has

not yet reached the age of eight (8) years;

(3) Dispose of dogs only by gift, sale, transfer, barter, or euthanasia by

a licensed veterinarian;

(4) Dispose of deceased dogs in accordance with section 3.2-6554 of

the Code of Virginia;

(5) Dispose of dog waste in accordance with state and federal laws and

regulations; and

(6) Maintain accurate records for at least five (5) years including:

a. The date on which a dog enters the operation;

b. The person from whom the animal was purchased or

obtained, including the address and phone number of such

person;

c. A description of the animal, including the species, color,

breed, sex, and approximate age and weight;

d. Any tattoo, microchip number, or other identification

number carried by or appearing on the animal;

e. Each date that puppies are born to such animal and the

number of puppies;

f. All medical care and vaccinations provided to the animal,

including certifications required by a licensed veterinarian; and

g. The disposition of each animal and the date.

Sec. 3-48.3. Right of entry.

(a) Any animal control officer and any public health or safety official

employed by the county where a commercial dog breeder resides or

maintains breeding operations may, upon receiving a complaint or upon

his own motion, investigate any violation of the provisions of this

division. Such investigation may include (i) the inspection of the books

and records of any commercial dog breeder, (ii) the inspection of any

companion animal owned by the commercial dog breeder, and (iii) the

inspection of any place where animals are bred or maintained. In

conducting the inspection, the animal control officer may enter any

premises where animals may be bred or maintained during daytime

hours.

(b) Any commercial dog breeder who is the subject of an investigation

by an animal control officer shall, upon request, provide assistance to

the animal control officer in making any inspection authorized by this

section.

Sec. 3-48.4. Concurrent operation of releasing agency prohibited.

It is unlawful for a commercial dog breeder to operate or maintain a controlling

interest in any releasing agency.

Sec. 3-48.5. Penalty.

Any commercial dog breeder violating any provision of this division is guilty of a

Class 1 misdemeanor.

Secs. 3-49, 3-50. Reserved.

ARTICLE III. RABIES CONTROL

Sec. 3-51. Vaccination or inoculation against rabies required.

(a) It shall be unlawful for any person to own, keep, possess, board,

harbor, or have the custody of any dog or domesticated cat four (4)

months or more of age within the county unless such dog or cat shall

have been vaccinated for rabies by a licensed veterinarian or licensed

veterinary technician who is under the immediate and direct supervision

of a licensed veterinarian on the premises. The supervising veterinarian

on the premises shall provide the owner or custodian of the dog or

domesticated cat with a certificate of vaccination. The owner or custodian

of the dog or the domesticated cat shall furnish within a reasonable

period of time, upon the request of an animal control officer, humane

investigator, law enforcement officer, state veterinarian's representative,

or health department, the certificate of vaccination for such dog or cat.

The vaccine used shall be licensed by the United States Department of

Agriculture for use in that species.

(b) Any person bringing a dog or domesticated cat into the county

from another jurisdiction, to be kept within the county, shall comply with

the requirements of subsection (a) of this section within ten (10) days.

The owner or custodian of all dogs and cats four months of age and older

shall have such animal currently vaccinated for rabies by a licensed

veterinarian or licensed veterinary technician who is under the

immediate and direct supervision of a licensed veterinarian on the

premises unless otherwise provided by regulations. The supervising

veterinarian on the premises shall provide the owner or custodian of the

dog or the cat with a rabies vaccination certificate or herd rabies

vaccination certificate and shall keep a copy in his own files. The owner

or custodian of the dog or the cat shall furnish within a reasonable period

of time, upon the request of an animal control officer, humane

investigator, law-enforcement officer, State Veterinarian's representative,

or official of the Department of Health, the certificate of vaccination for

such dog or cat. The vaccine used shall be licensed by the U.S.

Department of Agriculture for use in that species. At the discretion of the

local health director, a medical record from a licensed veterinary

establishment reflecting a currently vaccinated status may serve as proof

of vaccination.

Vaccination subsequent to a summons to appear before a court for failure

to do so shall not operate to relieve such owner from the penalties or

court costs.

Sec. 3-52. Certificate of inoculation or vaccination to be issued.

Upon the inoculation or vaccination of a dog or cat by a currently licensed

veterinarian or certified animal technician under the provisions of this article,

the veterinarian or certified animal technician shall issue to the person

procuring such inoculation or vaccination, a certificate bearing the signature of

the veterinarian or animal technician and stating that he is a veterinarian

currently licensed by the state or animal technician certified pursuant to the

Code of Virginia. Pursuant to section 3.2-6529 of the Code of Virginia, 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.

The veterinarian or animal technician shall retain a duplicate or electronic copy

of such certificate for so long as the immunity to rabies caused by such

inoculation or vaccination is deemed to be effective.

Upon request by the animal control officer, officials of the local health

department or other persons charged with enforcing this article, such

certificate or other proof of inoculation or vaccination shall be made available

for inspection.

Sec. 3-53. Emergency ordinance requiring confinement or restraint of dogs

and cats when a rabid animal is at large.

When there is sufficient reason to believe that a rabid animal is at large the

risk of exposure to rabies is elevated, the board of supervisors shall have the

power to pass an emergency ordinance, which shall become effective

immediately upon passage, requiring owners of all dogs and cats in the county

to keep the same confined on their premises, unless leashed under restraint of

the owner in such a manner that persons or animals will not be subject to the

danger of being bitten thereby by a rabid animal. Any such emergency

ordinance enacted pursuant to the provisions of this section shall be operative

for a period not to exceed thirty (30) days, unless renewed by the board of

supervisors in consultation with the local health director. It shall be

unlawful for any person to violate the provisions of any such ordinance.

Sec. 3-54. Report of existence of rabid animals.

Every person having knowledge of the existence of an animal apparently

afflicted with rabies that is suspected to be rabid and that may have

exposed a person, companion animal, or livestock to rabies shall report

immediately to the local health department the existence of such animal, the

place where seen, the owner's name, if known, and the symptoms suggesting

rabies.

Sec. 3-55. Reporting of animal bites.

(a) All animal bites of human beings shall be reported to the local

health department and to the animal control department within twenty-

four (24) hours after the occurrence.

(b) Such report shall include the name and address of the person

bitten; the location of biting animal; the name and address of the owner

of the biting animal, if obtainable; a reasonable description of the animal;

the date and time of day of the injury; the part of the body on which the

bite was inflicted; and, if possible, whether the biting animal has been

vaccinated against rabies.

(c) The responsibility for so reporting is mutually charged to attending

medical personnel, veterinarians, owners of the biting animals, persons

bitten and any other persons who may have knowledge of the

occurrence.

(d) It shall be unlawful for any person to knowingly withhold

information from, or knowingly give false information to any animal

control officer or other law enforcement officer which would reasonably

lead to the discovery or location and capture for any animal reasonably

identifiable as one which has bitten a human being. Any person violating

the provisions of this subsection shall be guilty of a Class 2

misdemeanor.

Sec. 3-56. Confinement or destruction of dogs, cats, or any other animals

showing signs of or suspected of having rabies.

Any dog, cat, or any other animal found within the county showing active signs

of rabies or suspected of having rabies shall be confined under competent

observation for such time as may be necessary to determine a diagnosis. If

confinement is impossible or impracticable, such dog, cat, or other animal

shall be humanely euthanized by one (1) of the methods approved by the state

veterinarian and its head sent to the local health department for evaluation.

Any dog or cat showing active signs of rabies or suspected of having rabies

that is not known to have exposed a person, companion animal, or

livestock to rabies shall be confined under competent observation for

such a time as may be necessary to determine a diagnosis. If, in the

discretion of the local health director, 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 Va. Code § 3.2-6546.

The disposition of other animals showing active signs of rabies shall be

determined by the local health director and may include euthanasia and

testing.

Sec. 3-57. Destruction or confinement of dog, cat, or any other animal bitten

by a rabid animal.

Any dog, cat, or any other animal, for which no proof of current rabies

vaccination is available, and which is exposed to rabies through 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 local health

department for a period not to exceed six (6) months at the expense of the

owner; however, if this is not feasible, the dog or cat shall be euthanized by one

(1) of the methods approved by the state veterinarian. A rabies vaccination

shall be administered prior to release. Inactivated rabies vaccine may be

administered at the beginning of confinement. Any dog or cat so bitten, or

exposed to rabies through saliva or central nervous system tissue, in a fresh

open wound or mucous membrane with proof of a valid rabies vaccination,

shall be revaccinated immediately following the bite and shall be confined to

the premises of the owner, or other site as may be approved by the local health

department, for a period of forty-five (45) days. The disposition of domestic pet

animals other than dogs and cats that fall within the coverage of this section

shall be determined by the local health department.

Any dog or cat, for which no proof of current rabies vaccination is

available, and that may have been exposed to rabies through a bite, or

through saliva or central nervous system tissue, in a fresh open wound or

mucous membrane, by an animal suspected to be rabid, shall be isolated

in a pound, kennel, or enclosure approved by the local health department

for a period not to exceed six months at the expense of the owner or

custodian in a manner and by a date certain as determined by the local

health director. A rabies vaccination shall be administered by a licensed

veterinarian prior to release. Inactivated rabies vaccine may be

administered at the beginning of isolation. Any dog or cat so bitten, or

exposed to rabies through saliva or central nervous system tissue, in a

fresh open wound or mucous membrane with proof of current vaccination,

shall be revaccinated by a licensed veterinarian immediately following the

exposure and shall be confined to the premises of the owner or custodian,

or other site as may be approved by the local health department at the

expense of the owner or custodian, for a period of 45 days. If the local

health director determines that isolation is not feasible or maintained,

such dog or cat shall be euthanized by one of the methods approved by

the State Veterinarian as provided in Va. Code § 3.2-6546. The disposition

of such dogs or cats not so confined shall be at the discretion of the local

health director.

Sec. 3-58. Confinement or destruction of animal which has bitten may have

exposed a person.

(a) When a potentially rabid animal, other than a dog or cat, exposes

or may have exposed a person to rabies through a bite, or through saliva

or central nervous system tissue, in a fresh open wound or mucous

membrane, that animal shall be confined at the discretion of a local

health director in a manner approved by the local health department or

humanely euthanized by one (1) of the methods approved by the state

veterinarian and its head sent to the local health department for

evaluation.

(b) When any animal, other than a dog or cat, exposes or may have

exposed a person or another animal to rabies through a bite, or by other

means of contact as recognized by the health department that animal

shall be confined at the discretion of a local health director in a manner

approved by the health department or humanely euthanized by one (1) of

the methods approved by the state veterinarian.

(a) At the discretion of the local health director, any animal that

may have exposed a person shall be confined under competent

observation for 10 days at the expense of the owner or custodian,

unless the animal develops active signs of rabies, expires, or is

euthanized before that time. A seriously injured or sick animal may

be euthanized as provided in Va. Code § 3.2-6546.

(b) When any suspected rabid animal, other than a dog or cat,

exposes or may have exposed a person to rabies through a bite, or

through saliva or central nervous system tissue, in a fresh open

wound or mucous membrane, decisions regarding the disposition of

that animal shall be at the discretion of a local health director and

may include euthanasia as provided in Va. Code § 3.2-6546, or as

directed by the state agency with jurisdiction over that species.

When any animal, other than a dog or cat, is exposed or may have

been exposed to rabies through a bite, or through saliva or central

nervous system tissue, in a fresh open wound or mucous membrane,

by an animal suspected to be rabid, decisions regarding the

disposition of that newly exposed animal shall be at the discretion

of a local health director.

(c) When any animal may have exposed a person to rabies and

subsequently expires due to illness or euthanasia, either within an

observation period, where applicable, or as part of a public health

investigation, its head or brain shall be sent to the Division of

Consolidated Laboratory Services of the Department of General

Services or be tested as directed by the local health department.

Sec. 3-59. Concealing or harboring an animal to prevent its destruction or

confinement under article.

It shall be a violation of this article, and punishable as a Class 3 misdemeanor,

for any person to conceal or harbor any dog, cat, or other animal to keep the

same from being destroyed or confined in accordance with this article.

Sec. 3-60. Penalty for violation of Article III.

A violation of any section of this article shall be deemed a Class 3 misdemeanor

unless otherwise prescribed.

A copy teste: ________________________________________ Brenda G. Garton, County Administrator

AT THE ORGANIZATIONAL MEETING OF THE GLOUCESTER COUNTY

BOARD OF SUPERVISORS, HELD ON WEDNESDAY, JANUARY 2, 2013, AT

7:00 P.M., IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET,

GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _______________

AND SECONDED BY _________________,THE FOLLOWING RESOLUTION WAS

ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___;

Ashley C. Chriscoe, ____; Christopher A. Hutson, ___; Andrew James, Jr., ___;

John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge. ___ ;

RESOLUTION AUTHORIZING THE CLERK TO ADVERTISE A PUBLIC

HEARING TO CONSIDER AN ORDINANCE TO AMEND CHAPTER 3 OF THE

GLOUCESTER COUNTY CODE ENTITLED ANIMALS AND FOWL

WHEREAS, the Gloucester County Board of Supervisors desires to set a public hearing to consider an Ordinance to amend Chapter 3 of the Gloucester

County Code entitled Animals and Fowl.

NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the Clerk is directed to advertise, in a newspaper of general

circulation, a public hearing notice for a public hearing to be held in the Colonial Courthouse located at 6504 Main Street on Tuesday, February 5, 2013 at 8:00 p.m., to consider amending Chapter 3 of the Gloucester County

Code.

A Copy Teste:

______________________________________ Brenda G. Garton, County Administrator