ORDINANCE NO. 05-4(1)PRIVATE

 

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, ARTICLE II, DOGS AND OTHER ANIMALS, AND ARTICLE III, LICENSES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, Article II, Dogs and Other Animals, Division 2, Running At Large, and Article III, Licenses, is hereby amended and reordained as follows:

 

By Amending:

Section 4-213    In certain areas

Section B4-3154-315    Penalties for violation of sections 4-312 and 4-314.

 

PRIVATE CHAPTER 4.  ANIMALS AND FOWLtc  \l 1 "CHAPTER 4.  ANIMALS AND FOWL"

 

PRIVATE ARTICLE II.  DOGS AND OTHER ANIMALStc  \l 2 "ARTICLE II.  DOGS AND OTHER ANIMALS"

 

PRIVATE DIVISION 2.  RUNNING AT LARGEtc  \l 2 "DIVISION 2.  RUNNING AT LARGE"

 

Sec. B4-2134-213 In certain areas.

 

            A.         It shall be unlawful for the owner of any dog to permit such dog to run at large at any time within the following designated areas of the county:

 

* * * * * * * * *

           

B.         For the purposes of this section, a dog shall be deemed to be running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control.  Any person who permits his dog to run at large shall be deemed to have violated the provisions of this section, and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00).  It shall be the duty of the animal control officer to enforce the provisions of this section.

 

(7-19-73; 8-22-73; 9-26-73; 11-15-73; 12-19-73; 1-3-74; 1-23-74; 3-24-77; 5-22-74; 10-9-74, 1-22-75; 3-10-76; 4-21-76; 12-7-77; 5-22-78; 6-21-78; 10-7-81; 5-21-86; 5-13-87; 9-16-87; 11-4-87; 12-16-87; 9-8-88; Ord of 1-17-90; Ord. of 8-8-90; Ord. No. 94-4(2), 8-17-94; Ord. No. 94-4(3), 12-7-94; Ord. No. 95-4(1), 1-4-95; Ord. No. 95-4(2), 9-6-95; Code 1988, 4-19; Ord. 98-A(1), 8-5-98; Ord. 98-4(1), 12-2-98; Ord. 00-4(1), 5-3-00; Ord. 03-4(2), 3-5-03; Ord. 04-4(1), 5-12-04)

 

            State law reference--Authority of county to adopt this section, Va. Code 3.1-796.93; Violation is Class 4 misdemeanor, Va. Code 3.1-796.128; Punishment for conviction of Class 4 misdemeanor, Va. Code 18.2-11.

 

ARTICLE III.  LICENSES

 

Sec. B4-3124-312 License tags--Collar and tag to be worn by dog; exceptions.

 

            It shall be unlawful for the owner to permit any licensed dog four (4) months old or older to run or roam at large at any time without a license tag.  The owner of the dog may remove the collar and license tag required by this section (i) when the dog is engaged in lawful hunting, (ii) when the dog is competing in a dog show, (iii) when the dog has a skin condition which would be exacerbated by the wearing of a collar, (iv) when the dog is confined, or (v) when the dog is under the immediate control of its owner. 

 

(Code 1967, 4-29; 4-13-88; 9-13-89; Code 1988, 4-32; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code 3.1-796.92.E4-312

 

* * * * * * * * *

Sec. B4-3144-314 License tags--Kennels.

 

            The license tag for a kennel shall show the number of dogs authorized to be kept under such license, and have attached thereto a metal identification plate for each of such dogs, numbered to correspond with the serial number of the license tag.  The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel.  Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any animal control officer or other officer upon request.  A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show.  A kennel shall not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or to in any manner violate other provisions of this article. 

 

(Code 1967, 4-31; 4-13-88; Code 1988, 4-34; Ord. 98-A(1), 8-5-98)E4-314

 

Sec. B4-3154-315 Penalties for violation of sections 4-312 and 4-314.

 

            If The owner of any dog is found running at large at any time of the year in violation of either section 4-312 or section 4-314, its owner shall be deemed upon conviction, shall be guilty of a Class 4 misdemeanor, punishable and punished by a fine of not more than one hundred dollars ($100.00) two hundred fifty dollars ($250.00)

 

(Code 1967, 4-32; 4-13-88; Code 1988, 4-35; Ord. 98-A(1), 8-5-98)

 

            State law reference-- Violation is Class 4 misdemeanor, Va. Code 3.1-796.128; Punishment for conviction of Class 4 misdemeanor, Va. Code 18.2-11.

 

 

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