Chapter 6.20
SEIZURE, IMPOUNDMENT AND MISCELLANEOUS PROVISIONS

Sections:

6.20.010 Seizure and impoundment – Disposition of animal – Disposition of proceeds upon sale.

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.

6.20.010 Seizure and impoundment – Disposition of animal – Disposition of proceeds upon sale.

(1) 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 title 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 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.

(2) 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.

(3) 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.

(4) 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:

(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 (5) of this section.

(5) 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.

(6) 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.

(7) 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.

(8) 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 3.1-796.73 or Section 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.

(9) Any person who is prohibited from owning or possessing animals pursuant to subsections (7) or (8) 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.

(10) 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.

(11) 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.

(12) 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. (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 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.

(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 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. (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 (a) serves as a dog guide for a blind person as defined in Section 63.1-85.3:1 of the Code of Virginia, or (b) provides support or assistance for a physically disabled or handicapped person. (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).