Chapter 6.20
SEIZURE, IMPOUNDMENT AND MISCELLANEOUS PROVISIONS
Sections:
6.20.020 Dogs and cats deemed personal property – Rights relating thereto.
6.20.030 Intentional interference with a guide or leader dog.
6.20.040 Jurisdiction of general district courts – Right of appeal.
6.20.241 Limitations on number of dogs kept per dwelling unit.
6.20.010 Seizure and impoundment – Disposition of animal – Disposition of proceeds upon sale – Posting of bond for boarding of animals.
(1) The animal control officer, or any police officer, is hereby authorized to seize and impound any animal suspected of:
(a) Suffering a direct or immediate threat to its life, safety or health which the owner or custodian has failed or refused to remedy;
(b) Being abandoned or at large;
(c) Being cruelly treated;
(d) Being unlicensed;
(e) Being used for gaming or other illegal activity;
(f) Being a nuisance animal in violation of SCC 6.10.240; or
(g) A violation of any other state or federal law or regulation concerning animals.
(2) Any animal seized pursuant to the provisions of this section shall be impounded at the city-designated facility. Animals requiring specialized veterinary or other care may be impounded at another city-designated facility. Any expense incurred in seizure or impoundment including, but not limited to, boarding, veterinary care, or license fee shall be the responsibility of the owner or custodian of the animal and become a lien on the animal impounded and must be discharged before the animal is released from the facility. The city shall not be required to hold the seized animal for a period longer than 30 days from the date of the seizure unless a bond has been posted. In the event no bond has been posted, at the expiration of the 30-day period, the animal may be disposed of.
(3) The impoundment of any animal pursuant to the provisions of this section shall be in addition to any other remedy, action, or process available for any violation of this chapter.
(4) Written notice of the impoundment of any animal seized will be given to the identifiable owner or custodian of the animal at the time of seizure. If the owner or custodian is not on the premises from which the animal is seized, notice shall be posted upon the door or other structure in plain view. If such owner or custodian cannot be located, written notice shall be given to any family member or person 16 years old or older residing at the owner’s or custodian’s last known address; by posting of the notice at the owner’s or custodian’s last known address or at the site of the seizure; or by delivery or facsimile to the owner’s or custodian’s last known place of employment. If the owner or custodian cannot be located or identified the animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.
(a) The written notice of the seizure shall contain the following information:
(i) The time, date and place of the hearing;
(ii) Basic identification of the animal seized;
(iii) Notice of the owner’s or custodian’s financial obligation for the board, necessary medical care, and costs incident to seizure of the animal and that a lien may be placed against the owner or custodian for such costs; and
(iv) Notice of the owner’s right to surrender all property rights to the seized animal and thereby avoid incurring further costs after such surrender.
(b) A seizure hearing shall be conducted by the animal control officer not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care. The owner or the custodian shall be permitted to attend the hearing to present information concerning the violation.
(c) The animal control officer may determine within five working days prior to the seizure hearing that the seized animal shall be returned to the owner, custodian or other person under the conditions set by the animal control officer for one of the following reasons:
(i) The owner or custodian has provided evidence to the animal control officer that such owner or custodian can provide adequate care, for the seized animal or any number of seized animals pending the court hearing on any violation related to the animal in a manner which will ensure public safety. Animals will be returned to their owner or custodian upon payment of the boarding, medical care, and license fees incurred during seizure and impoundment by the city and upon bail set for the safe keeping of the animal pending the trial of the criminal matters. Any animal returned pursuant to this subsection will be required to be kept in the city limits and available for inspection by the animal control officer until any criminal matter has concluded; or
(ii) Another interested party has provided adequate evidence of ownership of the animal and can provide adequate care, for the animal in a manner which will ensure public safety; or
(iii) A private veterinarian or kennel facility will continuously board the animal at the owner’s or custodian’s expense pending the conclusion of any criminal matters. Such veterinarian must be appropriately licensed to board animals and must provide written agreement to board such animal under the conditions set by the court. Seized animals will be released to such a private veterinarian or kennel facility upon payment by the owner or custodian of all boarding, medical care, license and related seizure expenses incurred by the city and arrangement by the owner or custodian to have such animal transported to the boarder. Failure to pay the private veterinarian or kennel facility shall constitute a violation of the conditions of the pre-trial release of the animal by the court. All expenses due to the boarder shall be a private matter between the owner or custodian and the boarder. The city shall not be held responsible for any such costs.
(d) 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 shall be required to prove its case beyond a reasonable doubt.
(i) The humane investigator, law enforcement official, or animal control officer shall provide for such animal until the court has concluded the hearing. If the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care, then the court shall order that the animal be:
(A) Sold by a local governing body;
(B) Humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency of the commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the commonwealth; or
(C) Delivered to any local humane society or shelter, or to any person who is a resident of the county or city where the animal is seized, or an adjacent county or city in the commonwealth and who will pay the required license fee, if any, on such animal; or
(D) Delivered to the person with a right of property in the animal as provided in subsection (4)(d)(ii) of this section.
(ii) In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care; however, the court shall direct that the animal be delivered to the person with the right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person.
(iii) The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care.
(iv) The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner’s past record of convictions under this title or other laws prohibiting cruelty to animals or pertaining to the care and treatment of animals and the owner’s mental and physical condition.
(v) If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals, as evidenced by previous convictions of violating Section 3.2-6504 or 3.2-6570 of the Code of Virginia. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner’s mental and physical condition.
(vi) Any person who is prohibited from owning or possessing animals pursuant to subsections (4)(d)(iv) or (v) of this section may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court’s order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.
(vii) When a sale occurs, the proceeds shall first be applied to the costs of the sale, then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the literary fund of the state treasury.
(viii) Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law enforcement official, animal control officer, or licensed veterinarian.
(ix) The provisions of this section which address whether an animal has been provided with or deprived of adequate care shall apply only with respect to companion animals.
(e) Any owner or custodian of an animal seized and impounded by the animal control officer for violations of this chapter shall post a bond, with cash or corporate surety, for the cost of impoundment, boarding and medical costs of any animal which is held for longer than 10 days after impoundment. The bond shall be for a period of 30 days.
(i) Such bond or security shall not prevent the animal control officer from disposing of such animal at the end of the 30-day period covered by the bond or security unless the person claiming an interest posts an additional bond, with cash or corporate surety, with the city treasurer to secure payment of reasonable expenses for additional 30-day periods and does so prior to the expiration of the previous 30-day period.
(ii) The amount of the bond shall be determined by the animal control officer based on the current rate for board and medical condition of the animal as determined by the animal control officer.
(iii) At the conclusion of the case, the bond shall be forfeited to the city unless there is a finding that the owner is able to adequately provide for such animal and is a fit person to own the animal. If the animal is returned to the owner or another person despite a violation of this chapter, the person posting the bond will be entitled to receive the bond less the incurred costs of boarding, medical care and impoundment of the animal.
(iv) If a cash bond is paid to the city treasurer and a judicial determination is made that the owner or custodian was not in violation of this chapter and also that the owner or custodian can adequately provide for such animal and is a fit person to own the animal, the person posting the cash bond shall be entitled to a refund of the cash bond from the treasurer. If the court finds that the animal may be released to the owner or another person despite any violation of this chapter, the person posting the bond will be entitled to a return of the cash bond less the incurred costs of boarding, medical care and impoundment. (Ord. 2017-12; Ord. 2008-03. Code 1985, § 6-90).
6.20.020 Dogs and cats deemed personal property – Rights relating thereto.
(1) All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this title by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person.
(2) An animal control officer or other officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner.
(3) The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay a reasonable charge as the local governing body by ordinance shall establish for the keep of such animal while in the possession of the animal control officer. (Ord. 2008-03. Code 1985, § 6-91).
6.20.030 Intentional interference with a guide or leader dog.
(1) It is unlawful for a person to willfully and maliciously impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog. Violation of this subsection is a Class 3 misdemeanor.
(2) It is unlawful for a person to willfully and maliciously assault or injure a dog if the person knows or has reason to believe the dog is a guide or leader dog. Violation of this subsection is a Class 2 misdemeanor.
(3) Any person who commits an offense under this section shall be liable for actual damages to any person aggrieved thereby, including damages due to injury to the guide or leader dog and, if necessary, compensation for the loss and replacement of the dog.
(4) “Guide or leader dog” means a dog that serves as a dog guide for a blind person as defined in Section 51.5-60 of the Code of Virginia, or for a person with visual disability; serves as a listener for a deaf or hard-of-hearing person as defined in Section 51.5-111 of the Code of Virginia; or provides support or assistance for a physically disabled or handicapped person. (Ord. 2017-12. Code 1985, § 6-92).
6.20.040 Jurisdiction of general district courts – Right of appeal.
Unless otherwise provided, the provisions of this chapter may be enforced by any general district court in cities or counties wherein the offense is committed, or the offender or owner may be found. Every such offender shall have the right of appeal to the appropriate circuit court. (Code 1985, § 6-93; Ord. 1-23-97).
6.20.241 Limitations on number of dogs kept per dwelling unit.
(1) It shall be unlawful for any person to keep or harbor more than four dogs over four months of age in or on the premises of any dwelling unit or on an unimproved lot within the city unless authorized by permit issued by the animal control officer. Such permit may be issued only if the animal control officer finds that exceptional circumstances exist for such period of time specified in the permit.
(2) Dogs permitted in subsection (1) of this section shall be allowed only when there is compliance with the current city zoning code (SCC 18.110.030) to allow only two shelters in the yard of each dwelling to house not more than two adult dogs and their dependents.
(3) The first violation of this section shall constitute a Class 4 misdemeanor. The second violation shall constitute a Class 3 misdemeanor. Subsequent violations shall constitute Class 2 misdemeanors. Upon being found guilty of a third or subsequent violation related to the same animal, the court may also order the confiscation and the proper disposition of the animal. (Ord. 2008-03).