§ 4-25. Confinement and disposition of animals; animal shelter; redemption by owner; shelter charges.

(a)

The animal warden shall confine in a shelter any dogs found to be in violation of this chapter, including dogs: (i) found running at large, (ii) that do not have current rabies vaccinations or (iii) that are not wearing a license or rabies tag. The animal warden may, in his discretion, accept stray or feral dogs and cats or other animals from county residents. The animal warden shall make a reasonable effort to determine whether any animal bears identification including a collar, tag, tattoo or other form of identification. If any identification is found, the animal warden shall make a reasonable effort to notify the owner within 48 hours of confinement of the animal and shall make a reasonable effort to return the animal to its owner or place the animal for adoption before destroying it. The animal shall not be disposed of as provided in subsection (d)(ii) nor shall it be used or accepted by any person for the purpose of medical research. Notice to the owner shall be deemed sufficient when sent by certified mail to the owner's address as it appears on record in the treasurer's office. The animal warden may destroy or otherwise dispose of animals in accordance with this section if the animals have not been claimed by their owners, as follows: (i) any animal with the above-described identification which has been confined for ten calendar days; or (ii) any animal without the above-described identification which has been confined for a period of five calendar days.

(b)

The owner of any animal confined under this chapter may redeem it upon payment of all fees required by the animal warden, if the animal has not been otherwise disposed of. No dog shall be released to its owner until the owner (i) presents a current dog license receipt or tag; (ii) presents proof of a valid rabies vaccination; and (iii) pays a fee for the animal's impoundment, of $30.00 for the first 24 hours of impoundment and $12.00 a day for each additional day. No cat shall be released to its owner until the owner presents proof of a valid rabies vaccination. No cat or other animal shall be released without payment to the animal warden of a fee of $12.00 if the cat or animal is claimed during the first 24 hours of impoundment and $6.00 a day for each additional day. Funds collected under this section shall be disposed of in the same manner as dog license taxes. If the owner cannot provide proof relating to the license tag or rabies vaccination at the time he claims the animal, then he shall provide such proof within five operating days.

(c)

[Effective April 26, 2010] Any member of the public adopting a sterilized dog or cat from the animal shelter shall pay a fee of $60.00 which shall be disposed of in the same manner as dog license taxes. The sterilization portion of the adoption fee may be waived by the county for certain adoptions pursuant to written procedures and policies approved by the chief of police in conjunction with an adoption and/or sterilization program. Such adoption will include the provision of any initial rabies vaccination as required by applicable law. No fee will be charged for transfers of animals to any animal rescue or humane society validly designated as a nonprofit 501(c)(3) organization under applicable law.

(d)

At any time after the confinement period for the animal expires and the animal has not been claimed, it may be (i) euthanized by one of the methods approved by the state veterinarian and the animal warden shall cremate, bury or sanitarily dispose of same; (ii) 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 in the commonwealth, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; (iii) delivered to any humane society or animal shelter within the commonwealth; (iv) delivered to any person who is a resident of the county who will pay the required license tax and adoption fee for such animal; (v) delivered to a non-county resident who pays the required adoption fee; or (vi) delivered for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter: (1) maintains records that comply with Code of Virginia, § 3.2-6557; (2) requires that adopted dogs and cats be sterilized; and (3) has been approved by the state veterinarian, or his designee, as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia.

(e)

No provision shall prohibit the immediate destruction of a critically injured or critically ill animal, or any animal not weaned, for humane purposes.

(f)

The shelter shall be accessible to the public during reasonable operating hours.

(g)

If the owner of a dog or cat voluntarily releases it to the animal shelter and surrenders, in writing, all property rights in the animal and reads and signs a statement (i) certifying that no other person has a property right in the animal and (ii) acknowledging that the animal may be immediately euthanized or disposed of as set forth in subsection (d), except (d)(ii), then the animal may be disposed of by any of the methods listed in subsection (d), except (d)(ii). However, the animal shall not be used for medical research or experimentation, unless the owner consents in writing.

(h)

Any feral dog or cat not bearing a collar, tag, tattoo, or other form of identification that, based on a disinterested person's written certification, exhibits behavior that poses a risk of physical injury to any person confining the animal, may be euthanized after being kept for at least three days, including at least one full operating day, unless sooner claimed by the rightful owner. The disinterested person's certification shall be kept with the animal and shall be available for public inspection. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the animal shelter.

(i)

Either an animal's custodian or an individual who has found an animal may qualify as owner and may claim the animal at the expiration of the period set out in subsection (a) and after payment of the required license tax and applicable fees. If the legal owner later claims the animal and proves his ownership, the custodian or finder shall return the animal to the owner after the owner reimburses him for any license tax, fees or actual expenses paid and for reasonable charges for the animal's upkeep while in his possession.

(Code 1978, §§ 5-8, 5-9; Ord. of 4-11-07, § 1; Ord. of 4-14-10(2), § (1); Ord. of 6-23-10, § (1))

State Law reference— Confinement and disposition of stray animals, Code of Virginia, §§ 3.1-796.96, 3.1-796.96:1, 3.1-796.119, 3.1-796.126:1.

(Code 1978, §§ 5-8, 5-9; Ord. of 4-11-07, § 1; Ord. of 4-14-10(2), § (1); Ord. of 6-23-10, § (1))

State law reference

Confinement and disposition of stray animals, Code of Virginia, §§ 3.1-796.96, 3.1-796.96:1, 3.1-796.119, 3.1-796.126:1.