§ 10-38. Dangerous or vicious dogs.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dangerous dog means 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.

Vicious dog means a canine or canine crossbreed which has:

(1)

Killed a person;

(2)

Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or

(3)

Continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding.

(b)

Any animal control officer 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 a 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 shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with Code of Virginia, § 3.1-796.119.

(c)

No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the town council prohibit the ownership of a particular breed of canine or canine crossbreed. 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.

(d)

The owner of any animal found 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 $50.00 in addition to other fees that may be authorized by law. The 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.

(e)

All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, and (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. In addition, the owner who applies for a certificate or renewal thereof under this section shall not be issued a certificate or renewal thereof unless he presents satisfactory evidence that (i) his 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.

(f)

While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(g)

If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section.

(h)

After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of the finding, notify the animal control authority if the animal:

(1)

Is loose or unconfined;

(2)

Bites a person or attacks another animal;

(3)

Is sold, given away, or dies; or

(4)

Has been moved to a different address.

(i)

All fees collected pursuant to this section, less the costs incurred by the animal control officer in producing and distributing the certificates and tags required by this section, shall be paid into a special dedicated fund in the town treasury for the purpose of paying the expenses of any training course required under Code of Virginia, § 3.1-796.104:1.

(j)

Each certificate or renewal thereof required to be obtained under this section shall only be issued to a person 18 years of age or older who presents satisfactory evidence that the animal has been neutered or spayed.

(k)

Each certificate or renewal thereof required to be obtained under this section shall only be issued to a person who presents satisfactory evidence that the owner has liability insurance coverage, to the value of at least $50,000.00, that covers animal bites.

(l)

Notwithstanding subsection (b) of this section, the animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with this section. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits.

(m)

The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this section shall be guilty of a class 1 misdemeanor.

(Code 1992, § 3-27)

State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1; running at large of vicious or destructive dogs, Code of Virginia, § 3.1-796.100; dogs killing domestic animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117, 3.1-796.118.

(Code 1992, § 3-27)

State law reference

Similar provisions, Code of Virginia, § 3.1-796.93:1; running at large of vicious or destructive dogs, Code of Virginia, § 3.1-796.100; dogs killing domestic animals, Code of Virginia, §§ 3.1-796.116, 3.1-796.117, 3.1-796.118.