"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 § 3.1-796.68 of the Code of Virginia for a period of five 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 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.

"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, floor mat, 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.

"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 the 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.

"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.

"Adoption" means the transfer of ownership of a dog or cat from a releasing agency to an individual.

"Agricultural animals" means all livestock and poultry.

"Ambient temperature" means the temperature surrounding the animal.

"Animal" means any nonhuman vertebrate species except fish. For the purposes of _ 3.1-796.98 of the Code of Virginia, animal means any species susceptible to rabies. For the purposes of _ 3.1-796.122 of the Code of Virginia, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

"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.

"Animal warden" means any person employed, contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the enforcement of this law or 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 municipal police officer, animal control officer, sheriff, constable, 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.

"Board" means the Board of Agriculture and Consumer Services.

"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.

"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 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.

"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.

"Dealer" means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer.

"Dog" means any member of the canine or canine crossbreed family, regardless of sex, age, size, breed, or other characteristics.

"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 which 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.

"Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.

"Humane" means any action taken in consideration of and with the intent to provide for the animals' health and well-being.

"Humane society" means any chartered, nonprofit organization incorporated under the laws of this Commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

"Investigator" or "humane investigator" means a natural person who is authorized to investigate complaints of alleged violations of this chapter and who is either (i) employed by the Virginia Department of Agriculture and Consumer Services and is under the direction of the State Veterinarian or (ii) has met the training requirements and qualifications required by regulations promulgated pursuant to ss 3.1-796.106 of the Code of Virginia and who has a valid court order of appointment as a humane investigator for the jurisdiction in which official actions are being taken and which was issued in accordance with the provisions of § 3.1-796.109 and § 3.1-796.110 of the Code of Virginia.

"Kennel" means any establishment in which five 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 Llama; ratites; fish or shellfish in aquaculture facilities, as defined in §  3.1-73.6 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 any county, city, or town.

"New owner" means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.1-796.126:1 of the Code of Virginia, and who adopts or receives a dog or cat from a releasing agency.

"Other officer" includes all other persons employed or elected by the people of Virginia, or by any municipality, county, or incorporated town thereof, whose duty it is to preserve the peace, to make arrests, or to enforce the law.

"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.

"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.

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

"Pound" means a facility operated by the Commonwealth, or any political subdivision, 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.

"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 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; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and 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" means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the shelter, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; and to promote the well-being of the animals.

"Releasing agency" means a pound, animal shelter, humane society, animal welfare society, society for the prevention of cruelty to animals, or other similar entity that releases a dog or cat for adoption pursuant to Article 6.1 (§ 3.1-796.126:1 et seq.) of the Code of Virginia.

"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.

"Running at large" means an animal off the real property of its owner or custodian and not under the owner's or custodian's immediate control.

"Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

"State Veterinarian" means the veterinarian employed by the Commissioner of Agriculture and Consumer Services as provided in § 3.1-723 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.

"Treasurer" includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city.

"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.

"Under control" means an animal secured by a leash or lead, or penned up or in the immediate vicinity of a responsible owner or custodian, obedient to that person's command, and not engaged in destructive activity.

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

"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 days.

(a) There is hereby created the office of animal warden. The animal warden shall perform the duties imposed upon him by this chapter and by state law, as well as such other duties as shall be required of him by the chief of police.

(b) The animal warden shall be charged with the duty of enforcing the provisions of this chapter, except as otherwise specifically provided, and to the extent that it shall be necessary for the enforcement of this chapter, the animal warden shall have the powers of a police officer and, to that end, he shall have authority to enter upon private property in the city to the extent necessary.

(a) It shall be unlawful for any person to keep any live swine or sheep within the corporate limits of the city, except for immediate shipment or slaughter, unless a permit therefor has been issued by the chief of police. Such permit shall be issued only upon the following conditions.

(b) In case written complaint is made by any owner or occupant of property adjoining a lot or parcel where swine or sheep are kept, investigation shall be made by the city health inspector or the chief of police and report made to the city council. If it appears that there has not been compliance with the provisions of this section or that the keeping of swine or sheep at the location in question is detrimental to the public interest, the permit issued under this section may be revoked by the council. (Code 1964, §6-1)

(a) It shall be the duty of every person maintaining a stable of any character within the city to daily cause all manure therein to be gathered up and removed to a room or contained provided for that purpose, which room or container shall be so screened or covered as to prevent access thereto by flies or insects of any kind. It shall be unlawful for any person to permit any unnecessary collection of manure in such room or container and the same shall be removed at least once a week between the first day of April and the last day of October of each year.

(b) It shall be the duty of the health officer to inspect, or cause to be inspected, stables within the city and to report any violation of this section to the chief of police, and to include in his reports to the city council any instances of violation of this section which he may discover. (Code 1964, § 6-6)

(a) It shall be unlawful for any person to allow or permit any fowl, poultry, or livestock of any description to stray to public property or private premises of another, and all poultry, fowl, and livestock shall be sufficiently housed or fenced by the owner or person exercising control over the same, so as to prevent the same from trespassing or straying.

(b) It shall be unlawful for any person to suffer or permit any horse, mule, cow, calf, ox, swine, or goat owned or controlled by him to walk or to be driven along any paved sidewalk in the city or to turn loose or permit the same to go at large in any public street or alley of the city. (Code 1964, § 6-2)

(a) It shall be unlawful for any person to own, keep, hold, or harbor any dog or cat, over the age of four (4) months, within the city, unless such dog or cat has been vaccinated, by a currently licensed veterinarian, with a modified live virus (Flury strain) rabies vaccine, approved by the state department of health, within a period of thirty-six (36) months.

(b) Any person transporting a dog or cat into the city from some other jurisdiction shall be required to comply with this section within thirty (30 days). (Code 1964, § 6-20, 6-21)

(a) Any person may obtain a dog license by making oral or written application to the city treasurer, accompanied by the amount of the license tax and the certificate referred to in section 6-41. The city treasurer shall only have authority to license dogs of resident owners or custodians who reside within the limits of the city and may require information to this effect from any applicant.

(b) It shall be unlawful for any person to make any false statement in or present any false evidence with an application submitted under this section, in order to secure a dog license to which such person is not entitled.

(a) There is hereby imposed an annual license tax on all dogs required to be licensed under the provisions of this article. Such tax shall be two dollars ($2.00) for unsexed animals and three dollars ($3.00) for sexed animals.

(b) No license tax shall be levied or collected under this section 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 subsection, 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 "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. (Code 1964, § 6-22.1)

(1) On or before January first and not later than January thirty-first of each year, the owner of any dog four (4) months old or older shall pay such tax.

(2) If a dog shall become four (4) months of age or come into the possession of any person between January first and November first of any year, the license tax for the current calendar year shall be paid forthwith by the owner.

(3) If a dog shall become four (4) months of age or come into the possession of any person between October thirty-first and December thirty-first of any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner, and such license shall protect such dog from the date of purchase.

(a) A dog license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by the animal warden or any other officer. License tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such animal. The owner of the animal may remove the collar and license tag required by this section when the animal is engaged in lawful hunting; when the animal is competing in a show; when the animal has a skin condition which would be exacerbated by the wearing of a collar; when the animal is confined; or when the animal is under the immediate control of its owner.

(b) Any animal not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this article, the burden of proof of the fact that such animal has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the animal. (Code 1964, § 6-13)

(a) In the event a person, firm or corporation operates a kennel, as defined in this Article, in lieu of the licensing requirements set forth heretofore, there is hereby imposed a license tax on said kennel operation as follows:

(b) Application for a kennel license shall be made on or before January first and not later than January thirty-first of each year, or in the case of a new kennel opening during a calendar year, prior to opening a business for such kennel. A new business opened during a calendar year shall not be entitled to a license tax proration.

(c) The application made hereunder shall be accompanied by the certificate referred to in Section 6-41 hereof, the provisions of which are applicable hereto. (Ord. of 3/13/97)

(a) Defined. Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "nuisance animal" shall mean and include, but is not limited to, any animal that:

(b) Whenever a formal complaint has been received by the police department or animal warden of such a nuisance and the complaint is found to be justified, the police department or animal warden shall notify the owner of the dog of the complaint and instruct such owner to abate such nuisance. If, after such notice, the owner fails to properly control the dog which creates or constitutes the nuisance, the police department or animal warden shall take the necessary legal action to abate the nuisance by having the dog impounded or the owner of the dog charged with a violation of this section, either or both.

Dangerous dog: a canine or canine crossbreed which has bitten, attacked or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal (as the same is defined in § 3.1-796.66 of the Code of Virginia, as amended).

Vicious dog: A canine or canine crossbreed which has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided its owner has been given notice of that finding.

(a) The animal control officer, or the police department in his absence, who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction 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. The animal control officer or owner shall 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 ordinance. 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 § 3.1-796.119 of the Code of Virginia, as amended.

(b) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. 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 (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) 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 which 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, which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.

(c) The owner of any animal found by a court to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag which 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 certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(d) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, (ii) 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, (iii) present satisfactory evidence that the animal has been neutered or spayed and (iv) present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $50,000.00, that covers animal bites. 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 (i) 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 (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (Ord. Of 2/26/98)

(e) While on the property of its owner, an animal found by a court 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 by a court 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.

(f) If the owner of an animal found by a court 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.

(g) After an animal has been found by a court to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control officer if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.

(h) The owner of any animal which has been found by a court to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor.

(i) All fees collected pursuant to this ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this ordinance, shall be paid into a special dedicated fund in the treasury of the City for the purpose of paying the expenses of any training course required under § 3.1796.105 of the Code of Virginia, as amended. (ord. Of 2/26/98)

(a) For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

(a) Any person who keeps a wild, exotic, or vicious animal(s) in contravention of this article may dispose of the animal(s) by removal of the animal(s) from the city, by giving or selling the animal(s) to a zoological park.

(b) This article shall be effective immediately provided that any person currently keeping any wild or exotic animals in the City of Staunton shall dispose of same within five (5) years of date of adoption, and provided further that such wild animals shall be registered with the animal warden within sixty (60) days from the date of adoption.

(c) The provisions of this article regarding the keeping of skunks which have been bred and raised in captivity shall be effective immediately provided that any person currently keeping any pet skunk in the City of Staunton may keep the skunk for the rest of its natural life, and provided further that such animal shall be registered with the animal warden within sixty (60) days from the date of adoption of this subsection.

(a) Any humane investigator, law enforcement official, or animal warden may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or that is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety, or health. Upon seizing or impounding the animal, such person shall petition the general district court in the city or county wherein the animal is seized for a hearing. The hearing shall be not more than ten 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.

(b) The humane investigator, law enforcement official, or animal warden shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia, shall be given. If such person or the custodian is not known, the humane investigator, law enforcement official, or animal warden 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.

(c) 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 (§ 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.

(d) The humane investigator, law enforcement official, or animal warden 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: (i) sold by a local governing body; (ii) 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 (iii) 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 (iv) delivered to the person with a right of property in the animal as provided in subsection (e).

(e) 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.

(f) 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.

(g) 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 chapter or other laws prohibiting cruelty to animals or pertaining to the care and treatment of animals and the owner's mental and physical condition.

(h) 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 § 3.1-796.73 or § 3.1-796.122 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.

(i) Any person who is prohibited from owning or possessing animals pursuant to subsections (g) or (h) 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.

(j) 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.

(k) 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 warden, or licensed veterinarian.

(l) 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.

(a) 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 chapter 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.

(b) An animal warden 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 warden or other officer shall deliver the dog or cat to its owner.

(c) 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 warden 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 warden.

(a) 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.

(b) 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.

(c) 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.

(d) "Guide or leader dog" means a dog that (i) serves as a dog guide for a blind person as defined in § 63.1-85.3:1, or (ii) provides support or assistance for a physically disabled or handicapped person.

(a) No person shall own a hybrid canine without obtaining a permit. Only persons residing within the boundary limits of the City shall be eligible to receive a permit for a hybrid canine except as otherwise provided in this section. Permits shall be granted for a period of twelve months and shall be renewed annually. The owner shall apply for a separate permit for each hybrid canine, except as provided for litters of hybrid canines in subsection (d). Annual permits shall not be issued for more than 2 hybrid canines six months of age or older to any one person or residence.

(b) A non-refundable annual permit fee in the amount of fifty ($50.00) dollars for each hybrid canine will be collected from the owner by the Treasurer or other officer charged with issuing the permits. A non-refundable fee of twenty ($20.00) dollars will be collected for issuance of each temporary permit. A fee of ten ($10.00) dollars will be collected for duplication of an existing permit.

(c) The Treasurer or her agent shall issue an identification tag for the hybrid canine which shall be stamped or otherwise permanently marked to identify the animal as a hybrid canine, show the jurisdiction issuing the tag, the calendar year for which issued, and bear a serial number. The serial number shall be listed on the permit issued for the hybrid canine. The identification tag shall be securely fastened to a substantial collar by the owner or custodian and worn by such hybrid canine at all times. Upon affidavit of the owner or custodian before the Treasurer, or her agent, that the original identification tag has been lost, destroyed, or stolen, she shall issue a duplicate identification tag which the owner or custodian shall immediately affix to the collar of the hybrid canine. The Treasurer or her agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt.

(d) Any person possessing a hybrid canine under the age of six months as of August 13, 1997, shall be required to obtain a temporary permit for each such hybrid canine or litter. The permit shall include the information required in subsection h and shall be in effect until thirty days after the animal reaches six months of age, at which time an annual permit shall be required for each animal that remains in the City in accordance with this section.

(e) The hybrid canine permit shall be carefully preserved by the owner and exhibited promptly upon the request of inspection by any animal warden, law enforcement officer, official of the Department of Health, humane investigator, or a State Veterinarian's representative.

(f) It shall be unlawful for any person to furnish false information for the purpose of obtaining a permit pursuant to this section.

(g) As a condition of maintaining a permit under this ordinance, the permit holder shall agree to allow the Animal Control Officer, or his agent, to inspect at any reasonable time, any premises where the hybrid canine is kept to ensure compliance with this ordinance.

(h) Prior to approval of an application for a hybrid canine permit, the Animal Control Officer shall inspect the facility where the hybrid canine will be confined to determine compliance with this ordinance and state law. A hybrid canine permit or temporary permit shall have attached and shall include but not be limited to: a. date of permit and date of expiration; b. name, address, age, and phone number of the owner of the hybrid or litter of hybrids; c. description, sex, age, color, height, length, and any identifying marks or numbers unique to the hybrid canine; d. location where the hybrid canine or hybrid canine litter will be kept; e. proof that the owner has coverage by a general liability insurance policy protecting the general public from any and all damages or injuries caused by the hybrid canine in their charge in an amount not less than $50,000.00 per incident; f. a statement of all vaccinations administered to the hybrid canine and the name and the address of the licensed veterinarian administering the vaccinations; g. the number of the individual hybrid canines owned by the permittee; and, h. the signature of the owner.

(a) If the owner cannot keep the hybrid canine, he shall: a. transfer it to another hybrid canine permittee, residing within the City, providing that the owner so notifies the City prior to transfer of ownership and the transfer is approved by the City after said notification that the new owner is in compliance with this ordinance and records maintained by the City for the hybrid canine are amended to indicate the new owner and location of the hybrid; b. transfer the hybrid canine to a person who resides outside the jurisdiction of the City, where the ownership of hybrid canines is legal; or, c. cause the hybrid canine to be humanely euthanized by a veterinarian. If the hybrid canine is transferred outside of the City, or euthanized, the original owner of the hybrid canine must notify the City within ten days.

(b) The hybrid canine shall be adequately confined as that term is defined herein above.

(a) Hybrid canines when not on the owner's property shall be: a. securely kept on a leash; b. properly identified with the tag issued pursuant to §§ c; and, c. under the direct supervision and control of the owner.

(b) The owner of a hybrid canine shall immediately notify the Animal Control Officer if the hybrid canine is: a. loose or not confined; b. bites or attacks a person or another animal; c. dies; or, d. has been moved to a different location.

(a) The City may deny, suspend, or revoke a permit if the applicant or permittee fails or refuses to obtain or renew any required permit for any hybrid canine or violates the provision of the ordinance or any other law pertaining to the responsible ownership of the hybrid canine. In addition, the violator may be required by the City to surrender the hybrid canine for euthanasia in accordance with this ordinance.

(b) The Animal Control Officer shall inspect annually each hybrid canine pen to ensure that the hybrid canine cannot escape and that the pen meets the definition of adequate confinement as defined herein.

(c) A violation of this ordinance shall be a Class III misdemeanor for the first violation and a Class I misdemeanor for a second or subsequent violation. The City may require a violator to surrender the hybrid canine for euthanasia.