ORDINANCE NO. 08-4(2)

 

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND ARTICLE III, LICENSES.

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III, Licenses, as follows:

 

By Amending:

Sec. 4-100         Definitions

Sec. 4-300         Required

Sec. 4-301         Procedure for obtaining licenses

Sec. 4-302         Evidence of rabies vaccination prerequisite to issuance of license

Sec. 4-309         Display of receipts

 

By Amending and Renumbering:

Sec. 4-303         Amount of license tax

Sec. 4-304         When license tax payable

Sec. 4-305         Payment of license tax subsequent to summons

 

By Adding:

Sec. 4-303         Veterinarians to provide treasurer with rabies certificate information; civil penalty

 

By Repealing:

Sec. 4-306         Term

Sec. 4-308         License to consist of receipt and metal tag

Sec. 4-311         License tags--Contents

Sec. 4-312         License tags--Collar and tag to be worn by dog; exceptions

Sec. 4-313         License tags--Duplicates

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

Sec. 4-316         False statements

Sec. 4-317         Penalty for failure to obtain license

 

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

ARTICLE I.  IN GENERAL

 

Sec. 4-100 Definitions.

 

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

 

            (1)  Abandon.  The term "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 Virginia Code § 3.1-796.68 § 3.2-6503 for a period of five consecutive days.

 

            (2)  Adequate care or care.  The term "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.

 

            (3)  Adequate exercise. The term "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.

 

            (4)  Adequate feed.  The term "adequate feed" means access to and the provision of food which 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.

 

            (5)  Adequate shelter.  The term "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 (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

 

            (6)  Adequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) 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 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.

 

            (7)  Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, 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 which 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.

 

            (8)  Adoption. The term "adoption" means the transfer of ownership of a dog or cat from a releasing agency to an individual.

 

            (9)  Agricultural animals. The term "agricultural animals" means all livestock and poultry.

 

            (10)  Ambient temperature. The term "ambient temperature" means the temperature surrounding the animal.

 

            (11)  Animal. The term "animal" means any domestic animal, including both agricultural and companion animals, if not specified otherwise.  For the purposes of article IV, “animal” means any species susceptible to rabies.

 

            (12)(13)  Animal control officer. The term "animal control officer" means any person employed, contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals and includes any state or county police officer, animal control officer, sheriff or other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of any dog or other animal.

 

            (13)(12)  Animal shelter. The term "animal shelter" means a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

 

            (14)  Boarding establishment. The term "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.

 

            (15)  Collar. The term "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.

 

            (16)  Companion animal. The term "companion animal" means any domestic or feral dog, domestic or feral cat, non-human 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 which 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.

 

            (17)  Enclosure. The term "enclosure" means a structure used to house or restrict animals from running at large.

 

            (18)  Euthanasia. The term "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 which causes painless loss of consciousness, and death during such loss of consciousness.

 

            (19)      Hearing dog.     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.

 

            (20)      Kennel.  The term “kennel” means any establishment in which five or more canines, felines, or hybrids of either are kept for the purposes of breeding, hunting training, renting, buying, boarding, selling, or showing.

 

            (21)(19)  Livestock. The term "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 Virginia Code § 3.1-73.6 § 3.2-2600;  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.

 

            (22)(20)  Owner. The term "owner" means any person who:  (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.

 

            (23)(21)  Person. The term "person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.

 

            (24)(22)  Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.

 

            (25)(23)  Pound. The term "pound" means a facility operated by the Commonwealth, or 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 county, city, town, or incorporated society for the prevention of cruelty to animals.

 

            (26)(24)  Primary enclosure. The term "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.

 

            (27)  Releasing agency.  The term “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.

 

            (28)  Service dog.  The term “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.

            (29)(25)  Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.

 

            (30)(26)  Treatment or adequate treatment. The term "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.

 

            (31)(27)  Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.

 

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

 

State law referenceSimilar provisions, Va. Code § 3.1-796.66  Definitions, Va. Code §§ 3.2-6500, 6528.

 

 

ARTICLE III. LICENSES

 

Sec. 4-300 Required.

 

            It shall be unlawful for any person other than a releasing agency that has registered as such annually with the county to own a dog four (4) months old or over older in the county unless such dog is licensed, as required by the provisions of this division article

 

(Code 1967, § 4-17; 9-13-89; Code 1988, § 4-20; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provision, Va. Code § 3.1-796.85 § 3.2-6524.

 

Sec. 4-301 Procedure for obtaining licenses.

 

            A.         Any resident of this county may obtain a one year, two year, or three-year dog license by making oral or written application to the director of finance or his designee agent, accompanied by the amount of the license tax and a current certificate of vaccination as required by this chapter or satisfactory evidence that such certificate has been obtained

 

B.         The director of finance or his agent designee shall license only dogs of resident owners or custodians who reside within the county, and may require information to this effect of any applicant.  Upon receipt of proper application and current certificate of vaccination as required by this chapter or satisfactory evidence that such certificate has been obtained, the director of finance or his agent designee shall issue a license receipt, on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male or female, whether spayed or neutered, or whether a kennel, unsexed female, female or kennel, and deliver the metal license tags or plates provided for herein. to the applicant Multi-year dog licenses may only be issued upon evidence that the certificate of vaccination is valid for the duration of the multi-year license. 

 

C.         The director of finance or his designee shall retain the application information during the period for which such license is valid, and shall be available for public inspection.

 

D.          It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled.  Any person convicted of making a false statement in order to secure a dog license to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00).

 

E.         Any person convicted of failure to pay the dog license tax imposed by this division prior to February 1 of any year or at such other time as may be required by this division on any dog four (4) months of age or older and owned by him shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00).

 

(Code 1967, § 4-18; 5-15-75; Code 1988, § 4-21; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code §§ 3.1-796.86, 3.1-796.128(1) §3.2-6527; Licensing periods for individual dogs, Va. Code § 3.2-6530; Class 4 Misdemeanor,  Va. Code § 3.2-6587(A).

Sec. 4-302 What license shall consist of; eEvidence of rabies vaccination; duplicate tags. prerequisite to issuance of license.

 

            A.         A dog license shall consist of a license receipt and a metal tag.  The tag shall be stamped or otherwise permanently marked to show the county has issued the license and bear a serial number or other identifying information prescribed by the county.

 

B.         No dog license shall be issued for any dog by the director of finance or his agent for any dog unless there is presented to the director of finance or his designee agent, at the time application for such license is made, evidence satisfactory evidence to him or his agent that such dog has been inoculated or vaccinated against rabies, as required by section 4-301, by a currently licensed veterinarian or currently licensed technician who was under the immediate and direct supervision of a licensed veterinarian on the premises.  within the past thirty-six (36) months with a rabies vaccine approved by the state department of health. 

 

C.         If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the director of finance or his designee who issued the original license, for a duplicate license tag, presenting the original license receipt.  Upon affidavit of the owner or custodian before the director of finance or his designee that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog.  The director of finance or his designee shall endorse the number of the duplicate and the date issued on the face of the original receipt.  The fee for a duplicate tag shall be one dollar ($1.00).

 

(Code 1967, § 4-19; Code 1988, § 4-22; Ord. 98-A(1), 8-5-98)

 

            State law reference—Similar provisions, Va. Code §§ 3.2-6526, 6532; Requiring evidence of rabies vaccination to be presented prior to issuance of license, Va. Code § 3.1-796.97 §3.2-6526.;  Similar provisions, Va. Code. §§ 3.1-796.91, 3.1-796.90;  What dog or cat license shall consist of.  Va. Code. § 3.2-6526;  Duplicate license tags, Va. Code § 3.2-6532.

 

Sec. 4-303  Veterinarians to provide treasurer with rabies certificate information; civil penalty.

 

            A.         Each veterinarian who vaccinates a dog against rabies or directs a veterinary technician in his employ to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination certificate.  The veterinarian shall forward within forty-five (45) days a copy of the rabies vaccination certificate or the relevant information contained in such certificate to the county’s director of finance.

           

            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 where the animal resides.  

 

            B.         It shall be the responsibility of the owner of each vaccinated animal that is not already licensed to apply for a license for the vaccinated dog.  If the director of finance determines, from review of the rabies vaccination information provided by the veterinarians, that the owner of an unlicensed dog has failed to apply for a license within 90 days of the date of vaccination, the director of finance shall transmit an application to the owner and request the owner to submit a complete application and pay the appropriate fee.  Upon receipt of the completed application and payment of the license fee, the director of finance or his designee shall issue a license receipt and a permanent tag.

 

            The director of finance shall remit any rabies vaccination certificate received for any animal owned by an individual residing in another locality to the local treasurer for the appropriate locality.

 

            Any veterinarian that willfully fails to provide the director of finance with a copy of the rabies vaccination certificate or the information contained in such certificate may be subject to a civil penalty not to exceed $10 per certificate.  Monies raised pursuant to this subsection shall be placed in the county’s general fund for the purpose of animal control activities including spay or neuter programs.

 

            State law reference—Similar provision, Va. Code § 3.2-6529;  Veterinarians to provide treasurer with rabies certificate information; civil penalty.  Va. Code § 3.2-6529.

Sec. 4-3043 Amount of license tax.

 

            A.         Dog license taxes shall be as follows:

 

                        1.         Female.  Five dollars ($5.00).

                        2.         Female, unsexed (successfully spayed).  Three dollars ($3.00).

                        3.         Male, neutered.  Three dollars ($3.00).

                        4.         Male, unneutered.  Five dollars ($5.00).

                        5.         Kennel, twenty dogs.  Fifteen dollars ($15.00).

                        6.         Kennel, fifty dogs.  Twenty-five dollars ($25.00).

                        1.         Spayed Female/Neutered Male.               

                                                One year tag:     Five dollars ($5.00)

                                                Two year tag:    Ten dollars ($10.00)

                                                Three year tag:   Fifteen dollars ($15.00)

                        2.         Unspayed Female/Unneutered Male.       

                                                One year tag:     Ten dollars ($10.00)

                                                Two year tag:    Twenty dollars ($20.00)

                                                Three year tag:   Thirty dollars ($30.00)

                        3.         Kennel license                Fifty dollars ($50.00) per block of ten dogs

                                                                       

            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 any dog that is trained and serves as a service dog for a mobility-impaired person.

 

 (Code 1967, § 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, § 4-23; Ord. 98-A(1), 8-5-98)

 

            State law reference--Amount of license fees, Va. Code § 3.l-796-87 § 3.2-6528.;  Amount of license fees.  Va. Code § 3.2-6528.

 

Sec. 4-3054 When license tax payable, valid.

 

            A.  The license tax imposed on dogs by this division article shall be due no later than thirty days after a dog has reached the age of four months, or no later than thirty days after an owner acquires a dog four months of age or older and each year thereafter no later than January 31 of each year and payable as follow:

 

A.         Not later than January 31 of each year, the owner of any dog four months old or older shall pay a license tax as prescribed in section 4-303.

 

B.         If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between January 1 and October 31 of any year, a license tax for the current calendar year shall be paid forthwith by the owner.

 

C.         If a dog shall become four months of age or if a dog over four months of age unlicensed by this county shall come into the possession of any person in this county between November 1 and December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such license shall protect the dog from the date of payment of the license tax. 

 

(Code 1967, § 4-21; 9-13-89; Code 1988, § 4-24; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796.88 § 3.2-6530.

E4-304;  Similar provisions, Va. Code § 3.2-6530.

Sec. 4-3065 Payment of license tax subsequent to summons.

 

            Payment of the license tax subsequent to a summons to appear before the judge of the general district court or other court for failure to pay the license tax do so within the time required shall not operate to relieve such owner from any penalty for the violation of this division article

(Code 1967, § 4-22; Code 1988, § 4-25; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796.103 § 3.2-6536.; Payment of license tax subsequent to summons, Va. Code § 3.2-6536.

 

Sec. 4-306 Term.

 

            Dog licenses shall be valid for the calendar year, from January 1 to December 31.

 

 (Code 1967, § 4-23; Code 1988, § 4-26; Ord. 98-A(1), 8-5-98)

 

Sec. 4-307 Effect of dog not wearing collar and tag as evidence.

 

            Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this division article, the burden of proof of the fact that the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the dog.

 

(Code 1967, § 4-24; Code 1988, § 4-27; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796-89 § 3.2-6533.

 

Sec. 4-308 License to consist of receipt and metal tag.

 

A dog license shall consist of a license receipt and a metal tag.

 

(Code 1967, § 4-25; 4-23-88; Code 1988, § 4-28; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796.90.

 

Sec. 4-309 Display of receipts; collar and tag to be worn; penalties.

 

            A.         Dog license receipts shall be carefully preserved by the owner licensees and exhibited promptly on request for inspection by any animal control officer or other officer.  Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. 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 when:

(i)         the dog is engaged in lawful hunting;

(ii)        the dog is competing in a dog show;

(iii)       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. 

 

            B.         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 any manner which violates other provisions of this article.

 

            C.         The owner of any dog found running at large at any time of the year in violation of this section, upon conviction, shall be guilty of a class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollars ($250.00).

 

(Code 1967, § 4-26; 4-13-88; Code 1988, § 4-29; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code §§ 3.1-796.92, 3.1-796.128; Displaying receipts; dogs to wear tags.  Va. Code § 3.2-6531.

Sec. 4-310 License tags--Attachment to collar.

 

            Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog.

 

(Code 1967, § 4-47; 4-13-88; Code 1988, § 4-30; Ord. 98-A(1), 8-5-98)

 

Sec. 4-311 License tags--Contents.

 

            Dog license tags shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license, the sex of the dog and the calendar year for which issued, and shall bear a serial number. 

 

(Code 1967, § 4-28; 4-13-88; Code 1988, § 4-31; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796.90.

 

Sec. 4-312 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.

 

Sec. 4-313 License tags--Duplicates.

 

            If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the director of finance or his agent for a duplicate license tag, presenting the original license receipt.  Upon affidavit of the owner or custodian before the director of finance or his agent that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog.  The director of finance or his agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt.  The fee for a duplicate tag shall be one dollar ($1.00).

 

(Code 1967, § 4-30; 4-13-88; Code 1988, § 4-33; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provisions, Va. Code § 3.1-796.91.

 

 

 

Sec. 4-314 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)

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

 

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

 

(Code 1967, § 4-32; 4-13-88; Code 1988, § 4-35; Ord. 98-A(1), 8-5-98; Ord. 05-4(1), 12-7-05)

 

            State law reference--Similar provision, Va. Code § 3.1-796.128.E4-315

 

Sec. 4-316 False statements.

 

            It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled.  Any person who shall make a false statement in order to secure a dog license to which he is not entitled shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).

(Code 1967, § 4-33; Code 1988, § 4-36; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provision, Va. Code § 3-1.796.128(1).E4-316

 

Sec. 4-317 Penalty for failure to obtain license.

 

            Any person convicted of failure to pay the dog license tax imposed by this division prior to February 1 of any year or at such other time as may be required by this division on any dog four (4) months of age or over and owned by him shall be fined not less than the amount of the license tax required for such dog nor more than ten dollars ($10.00), and shall be required to obtain the proper license for such dog forthwith.

 

(Code 1967, § 4-34; 4-13-88; 9-13-89; Code 1988, § 4-37; Ord. 98-A(1), 8-5-98)

 

            State law reference--Similar provision, Va. Code § 3.1-796.128(2).

E4-317

This ordinance to be effective on and after November 1, 2008.

 

 

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