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3.1-796.66 Definitions.
The following words as used in this chapter shall have the following meanings:
"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 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, floormat, 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 an 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, animal means any species susceptible to rabies. For the purposes of §
3.1-796.122, animal means any nonhuman vertebrate species including fish except those fish
captured and killed or disposed of in a reasonable and customary manner.
"Animal control officer" means a person appointed as an animal control officer
or deputy animal control officer as provided in § 3.1-796.104.
"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, animal rescue group, or
any other organization devoted to the welfare, protection, and humane treatment of
animals.
"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,
non-human 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.
"Direct and immediate threat" means any clear and imminent danger to an animal's
health, safety or life.
"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.
"Groomer" means any person who, for a fee, cleans, trims, brushes, makes neat,
manicures, or treats for external parasites any animal.
"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 animal's health and well-being.
"Humane investigator" means a person who has been appointed by a circuit court
as a humane investigator as provided in § 3.1-796.106.
"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.
"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.
"Law-enforcement officer" means any person who is a full-time or part-time
employee of a police department or sheriff's office which is part of or administered by
the Commonwealth or any political subdivision thereof and who is responsible for the
prevention and detection of crime and the enforcement of the penal, traffic or highway
laws of the Commonwealth. Part-time employees are compensated officers who are not
full-time employees as defined by the employing police department or sheriff's office.
"Livestock" includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of
the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in §
3.1-73.6; 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.
"Locality" or "local government" means a county, city, or town, as the
context may require.
"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, 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 locality, 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 housing facility, 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
this chapter.
"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.
"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.
"State Veterinarian's representative" means an employee of the Department of
Agriculture and Consumer Services who is under the direction of the State Veterinarian.
"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.
"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.
3.1-796.67 Rules, regulations, and guidelines.
The Board may promulgate rules and regulations or guidelines consistent with the
objectives and intent of this chapter concerning the care and transportation of animals.
3.1-796.67:1 Authority of the Commissioner.
The Commissioner of Agriculture and Consumer Services shall have the power to enter into
agreements with local, state and federal agencies or other persons for the control of
coyotes which pose a danger to agricultural animals.
3.1-796.67:2 State Veterinarian's power to inspect premises where animals
are kept.
The State Veterinarian and each State Veterinarian's representative shall have
the power to conduct inspections of animal shelters and inspect any business premises
where animals are housed or kept, including any boarding establishment, kennel, pet shop,
pound, or the business premises of any dealer, exhibitor or groomer, at any reasonable
time, for the purposes of determining if a violation of (i) this chapter; (ii) any other
state law governing the care, control or protection of animals; or (iii) any other state
law governing property rights in animals has occurred.
3.1-796.68 Care of animals by owner; penalty.
A. Each owner shall provide for each of his companion animals:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is properly cleaned;
4. Adequate space in the primary enclosure for the particular type of animal depending
upon its age, size, species, and weight;
5. Adequate exercise;
6. Adequate care, treatment, and transportation; and
7. Veterinary care when needed or to prevent suffering or disease transmission. The
provisions of this section shall also apply to every animal shelter, pound, dealer, pet
shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not
require that animals used as food for other animals be euthanized.
B. Game and wildlife species shall be cared for in accordance with regulations promulgated
by the Board of Game and Inland Fisheries by January 1, 1994.
C. Violation of this section is a Class 4 misdemeanor.
3.1-796.69 Transporting animals; requirements; penalty.
No owner, railroad or other common carrier when transporting any animal shall allow that
animal to be confined in any type of conveyance more than twenty- four consecutive hours
without being exercised, properly rested, fed and watered as necessary for that particular
type and species of animal. A reasonable extension of this time shall be permitted when an
accident, storm or other act of God causes a delay. Adequate space in the primary
enclosure within any type of conveyance shall be provided each animal depending upon the
particular type and species of animal. No person shall import into the Commonwealth, nor
export from the Commonwealth, for the purpose of sale or offering for sale any dog or cat
under the age of eight weeks without its dam. Violation of this section shall be
punishable as a Class 1 misdemeanor.
3.1-796.72 Misrepresentation of animal's condition; penalties.
No person shall misrepresent the physical condition of any animal at the animal's sale,
trade, delivery, or other method of transfer. For the purpose of this section,
misrepresentation shall include selling, trading, delivering or otherwise transferring an
animal to another person with the knowledge that the animal has an infection, communicable
disease, parasitic infestation,
abnormality or other physical defect that is not made known to the person receiving the
animal. However, sale of an agricultural animal that has external or internal parasites
that are not made known to the person receiving the animal shall not be a violation of
this section unless the animal is clinically ill or debilitated due to such parasites at
the time of sale, trade, delivery or transfer of the animal. Violation of this section
shall be punishable as a Class 3 misdemeanor.
3.1-796.73 Abandonment of animal; penalty.
No person shall abandon any animal. Violation of this section is a Class 3 misdemeanor.
Nothing in this section shall be construed to prohibit the release of an animal by its
owner to an animal shelter, pound, or humane society establishment.
3.1-796.74 Exceptions regarding veterinarians.
Sections 3.1-796.68 through 3.1-796.73, 3.1-796.78 through 3.1-796.83:2, 3.1- 796.105
through 3.1-796.108, 3.1-796.120, and 3.1-796.126:1 through 3.1- 796.126:7 shall not apply
to: (i) a place or establishment which is operated under the immediate supervision of a
duly licensed veterinarian as a hospital or boarding establishment where animals are
harbored, boarded and cared for incident to the treatment, prevention, or alleviation of
disease processes during the routine practice of the profession of veterinary medicine, or
(ii) animals boarded under the immediate supervision of a duly licensed veterinarian.
3.1-796.75 Procedure for animals left unclaimed with veterinarian or boarding
establishment after public notice; lien; sale.
Any animal not claimed by its owner from a licensed veterinarian or boarding establishment
within fourteen days after a letter of notice has been sent to the owner, by the
veterinarian or boarding establishment, may be sold by the veterinarian or boarding
establishment. The animal may be sold at public or private sale for fair compensation to a
person capable of providing care consistent with this chapter. Any expense incurred by the
veterinarian or boarding establishment becomes a lien on the animal and the proceeds of
the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the
owner. If the owner cannot be found within the next ensuing thirty days, the balance shall
be paid to the state treasury. If no purchaser is found, the animal may be offered for
adoption or euthanized.
3.1-796.76 Injured or sick animal; action by veterinarian.
A. If a licensed veterinarian is called or by his own action comes upon an animal
that is sick or injured and the owner of such animal cannot be immediately located, then
the licensed veterinarian, in his professional judgment, may treat, hospitalize or
euthanize the animal without the permission of the owner. The veterinarian shall make such
reports and keep such records of such sick or injured animals as may be prescribed by the
Board of Veterinary Medicine, including the information required under subsection B of §
3.1-796.105.
B. In no event shall a licensed veterinarian who has acted in good faith and properly
exercised professional judgment regarding an animal be subject to liability for his
actions in (i) acting in accordance with subsection A or (ii) reporting cases of suspected
cruelty to animals.
3.1-796.77 Disposal of animals by means of decompression chamber prohibited.
No animal shall be euthanized pursuant to the provisions of this chapter by means of a
high altitude decompression chamber.
3.1-796.83:1 Boarding establishments and groomers; veterinary care requirements; consumer
notification; penalty.
A. When an animal is boarded at a boarding establishment, or under the care, custody or
subject to the actions of a groomer, the boarding establishment or groomer shall be
responsible for providing the animal care requirements for each animal as specified in s
3.1-796.68.
B. If an animal becomes ill or injured while in the custody of the boarding establishment or groomer, the boarding establishment or groomer shall provide the animal with emergency veterinary treatment for the illness or injury. The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment or groomer. The boarding establishment or groomer shall pay for veterinary treatment of any injury that the animal sustains while at the establishment or under the care or custody of a groomer if the injury resulted from the establishment's or groomer's failure, whether accidental or intentional, to provide the care required by s 3.1-796.68, or if the injury is a result of the actions of the boarding establishment or groomer; however, boarding establishments and groomers shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self- mutilation.
C. If an animal is seized from a boarding establishment or groomer because of the establishment's or groomer's failure to provide adequate food, water, shelter, exercise, and care as defined in s 3.1-796.66 and required by s 3.1- 796.68 or because of any other violation of this chapter, the animal shall be returned to the rightful owner as soon as possible or, if the owner refuses to reclaim the animal, be impounded and disposition made pursuant to s 3.1- 796.115.
D. Violation of this section by a boarding establishment or groomer is a Class 1 misdemeanor.
3.1-796.83:2 Written notice of consumer remedies required to be supplied by boarding
establishments; penalty.
A. A boarding establishment shall give the notice hereinafter set forth in
writing to a consumer prior to the consumer's delivery of the animal to the boarding
establishment. Such notice shall be embodied in a written document and shall state in
ten-point bold-faced type the following:
NOTICE
The boarding of animals is subject to Article 3.1 (§ 3.1-796.83:1 et seq.) of Chapter 27.4 of Title 3.1. If your animal becomes ill or injured while in the custody of the boarding establishment, the boarding establishment shall provide
the animal with emergency veterinary treatment for the illness or injury.
The consumer shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of the boarding establishment. The boarding establishment shall bear the expenses of veterinary treatment for any injury the animal sustains while at the boarding establishment if the injury resulted from the establishment's failure, whether accidental or intentional, to provide the care required by § 3.1-796.68; however, boarding establishments shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation.
B. In addition, the boarding establishment shall display the following notice, in
ten-point bold-faced type, on a sign placed in a conspicuous location and manner at the
boarding establishment's intake area:
PUBLIC NOTICE
THE BOARDING OF ANIMALS BY A BOARDING ESTABLISHMENT IS SUBJECT TO ARTICLE 3.1 (§ 3.1-796.83:1 et seq.) OF CHAPTER 27.4 OF TITLE 3.1 OF THE CODE OF VIRGINIA. YOU HAVE SPECIFIC REMEDIES WHEN BOARDING ANIMALS IN THIS OR ANY OTHER BOARDING ESTABLISHMENT IN VIRGINIA. A COPY IS AVAILABLE IMMEDIATELY UPON REQUEST AND IS TO BE PRESENTED TO YOU AT THE TIME OF INTAKE IN THE FORM OF A WRITTEN DOCUMENT. IF YOU HAVE A COMPLAINT, YOU MAY CONTACT YOUR LOCAL LAW- ENFORCEMENT OFFICER OR THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, RICHMOND, VIRGINIA.
C. Failure to display or provide the consumer with the written notice as required by this
section is punishable as a Class 3 misdemeanor.
3.1-796.94 Governing body of county, city, or town may adopt certain ordinances.
A. The governing bodies of counties, cities, and towns of the Commonwealth are hereby
authorized to adopt, in their discretion, ordinances which parallel §§ 3.1-796.84
through 3.1-796.93, 3.1-796.95 through 3.1-796.104, 3.1-796.115 through 3.1-796.119,
3.1-796.121, 3.1-796.122, 3.1-796.126:1 through 3.1-796.126:7, and 3.1-796.127 through
3.1-796.129
of this chapter. Any funds collected pursuant to the enforcement of ordinances adopted
pursuant to the provisions of this section may be used for the purpose of defraying the
costs of local animal control, including efforts to promote
sterilization of cats and dogs. Nothing in this section shall be construed so as to
prevent or restrict any local governing body from adopting local animal control ordinances
which are more stringent than §§ 3.1-796.84 through 3.1-796.93, 3.1-796.95
through 3.1-796.104, 3.1-796.115 through 3.1-796.119, 3.1-796.121, 3.1-796.122,
3.1-796.126:1 through 3.1-796.126:7, and 3.1-796.127 through 3.1-796.129 of this chapter.
B. The governing bodies of counties, cities and towns of the Commonwealth are hereby
authorized to adopt, in their discretion, ordinances establishing uniform schedules of
civil penalties for violations of specific provisions of ordinances adopted pursuant to
this section. However, civil penalties may not be imposed for violations of ordinances
which parallel § 3.1-796.122. Designation of a particular violation for a civil penalty
shall be in lieu of criminal sanctions and preclude prosecution of such violation as a
criminal misdemeanor. The schedule for civil penalties shall be uniform for each type of
specified violation and the penalty for any one violation shall not be more than $150.
Imposition of civil penalties shall not preclude an action for injunctive, declaratory or
other equitable relief. Moneys raised pursuant to this subsection shall be placed in the
locality's general fund. An animal control officer or law-enforcement officer may issue a
summons for
a violation. Any person summoned or issued a ticket for a scheduled violation may make an
appearance in person or in writing by mail to the department of finance or the treasurer
of the county, city or town issuing the summons or
ticket prior to the date fixed for trial in court. Any person so appearing may enter a
waiver of trial, admit liability, and pay the civil penalty established for the offense
charged.
3.1-796.94:1 Regulation of keeping of animals and fowl.
A. Any county may, whenever, in the judgment of the board of supervisors, the same is
necessary for the preservation of public health, regulate by ordinance the keeping of
animals or fowl, other than dogs and cats, within a certain distance of residences or
other buildings or wells, springs, streams, creeks, or brooks, and provide that all or
certain of such animals shall not be kept within certain areas.
B. Any county, city, or town may, by ordinance, prohibit cruelty to and abuse of animals
and fowl; and may regulate or prohibit the running at large and the keeping of animals and
fowl and provide for the impounding and confiscation of
any such animal or fowl found at large or kept in violation of such regulations. Any such
ordinance may require that owners of any exotic or poisonous animal found running at large
pay a fee to cover the locality's actual cost in locating and capturing or otherwise
disposing of the animal.
ARTICLE 5. ANIMAL WARDENS AND HUMANE INVESTIGATORS.
3.1-796.104 Position of animal control officer created.
The governing body of each county or city shall, or each town may, appoint an
officer to be known as the animal control officer who shall have the power to enforce this
chapter, all ordinances enacted pursuant to this chapter and all laws for the protection
of domestic animals. The governing body may also appoint one or more deputy animal control
officers to assist the animal control officer in the performance of his duties. Animal
control officers and deputy animal control officers shall have a knowledge of the animal
control and protection laws of Virginia which they are required to enforce. When in
uniform or upon displaying a badge or other credentials of office, animal control officers
and deputy animal control officers shall have the power to issue a summons to any person
found in the act of violating any such law or any ordinance enacted pursuant to such law
of the locality in which the control officer or deputy animal control officer is
appointed. The animal control officer and the deputy animal control officers shall be paid
as the governing body of each locality shall prescribe.
Any locality in which an animal control officer or deputy animal control officers have
been appointed may contract with one or more additional localities for enforcement of
animal protection and control laws by the animal control officers or deputy animal control
officers. Any such contract may provide that the locality employing the animal control
officer or deputy animal control officers shall be reimbursed a portion of the salary and
expenses of the animal control officer or deputy animal control officers. Every locality
employing an animal control officer shall submit to the Department of Criminal Justice
Services, on a form provided by it, information concerning the employment and training
status of the animal control officers employed by the locality. The Department may require
that the locality notify the Department of any change in such information.
3.1-796.104:1 Training of animal control officers.
A. After April 1, 1999, every locality appointing animal control officers shall require
that every animal control officer and deputy animal control officer completes the
following training:
1. Within two years after appointment, a basic animal control course that has been
approved by the Department of Criminal Justice Services and the State Veterinarian; and
2. Every three years, additional training approved by the Department of Criminal Justice
Services and the State Veterinarian, fifteen hours of which shall be training in animal
control and protection. The Department of Criminal Justice Services and the State
Veterinarian shall develop criteria to be used in approving training courses and shall
provide an opportunity for public comment on proposed criteria before the final criteria
are adopted. Subdivision 1 of this subsection shall not apply to animal control officers
or deputy animal control officers appointed before July 1, 1998. The State Veterinarian
may grant exemptions from the requirements of subdivision 1 to animal control officers
appointed on or after July 1, 1998, based on the animal control officer's previous
training.
B. Upon cause shown by a locality, the State Veterinarian may grant additional time during
which the training required by subsection A may be completed by an animal control officer
in such locality.
C. Any animal control officer that fails to complete the training required by subsection A
shall be removed from office, unless the State Veterinarian has granted additional time as
provided in subsection B.
3.1-796.105 Animal control officers and humane investigators; limitations; records;
penalties.
A. No animal control officer, humane investigator, humane society or custodian of
any pound or animal shelter shall (i) obtain the release or transfer of an animal by the
animal's owner to such animal control officer, humane investigator, humane society or
custodian for personal gain or (ii) give or sell or negotiate for the gift or sale to any
individual, pet shop, dealer, or research facility of any animal which may come into his
custody in the course of carrying out his official assignments. No animal control officer,
humane investigator or custodian of any pound or animal shelter shall be granted a
dealer's license. Violation of this subsection shall be a Class 1 misdemeanor. Nothing in
this section shall preclude any animal control officer or humane investigator from
lawfully impounding any animal pursuant to § 3.1-796.115.
B. An animal control officer, law-enforcement officer, humane investigator or custodian of
any pound or animal shelter, upon taking custody of any animal in the course of his
official duties, or any representative of a humane society, upon obtaining custody of any
animal on behalf of the society, shall immediately make a record of the matter . Such
record shall include:
1. The date on which the animal was taken into custody;
2. The date of the making of the record;
3. A description of the animal including the animal's species, color, breed, sex,
approximate age and approximate weight;
4. The reason for taking custody of the animal and the location where custody was taken;
5. The name and address of the animal's owner, if known;
6. Any license or rabies tag, tattoo, collar or other identification number carried by or
appearing on the animal; and
7. The disposition of the animal.
Records required by this subsection shall be maintained for at least five years, and shall
be available for public inspection upon request . A summary of such records shall be
submitted annually to the State Veterinarian in a format prescribed by him.
C. Any animal control officer or custodian of any pound who violates any provision of this
chapter which relates to the seizure, impoundment and custody of animals by an animal
control officer may be subject to suspension or dismissal from his position.
D. Custodians and animal control officers engaged in the operation of a pound shall be
required to have a knowledge of the laws of Virginia governing animals, including this
chapter, as well as basic animal care.
3.1-796.106 Humane investigators; qualifications; appointment; term; penalty.
A. The Board shall establish by regulation reasonable qualifications for humane
investigators. Such qualifications shall include a knowledge of the provisions of this
chapter and the regulations adopted pursuant to this chapter. The State Veterinarian shall
maintain a current list of persons who have demonstrated that they meet such
qualifications and shall make the list available for public inspection.
B. A circuit court may appoint any person as a humane investigator for any locality within
its jurisdiction if the person:
1. Is listed by the State Veterinarian as provided in subsection A as being qualified to
be a humane investigator; and
2. Has never been convicted of animal cruelty or neglect, any felony, or any crime of
moral turpitude according to a criminal background check which shall be performed by the
attorney for the Commonwealth at the expense of the person seeking the appointment. A
person residing outside the Commonwealth may be appointed as a humane investigator only if
he is employed by a humane society located within the locality for which he is seeking
appointment.
C. On July 1, 2001, the appointment of every humane investigator who was appointed before
July 1, 1998, shall expire. Any humane investigator whose appointment has so expired may
be reappointed if he certifies to the appointing court that he has within the preceding
three years completed fifteen hours of training in animal care and protection approved by
the State Veterinarian.
D. Except as provided in subsection C, appointments of humane investigators shall be for
terms of three years. Each humane investigator shall, during each term for which he is
appointed, complete fifteen hours of training in animal care and protection approved by
the State Veterinarian. If a humane investigator is appointed to a succeeding term before
or within thirty days after his current term expires, a criminal background check shall
not be required. If a humane investigator's term expires and he is not appointed to a
succeeding term before or within thirty days after his current term expires, the circuit
court that appointed him shall notify the State Veterinarian of the expiration of his
term.
E. Approval of a training course by the State Veterinarian as required by this section
shall remain in effect for one year from the approval date, unless the State Veterinarian
establishes an earlier date.
F. The State Veterinarian shall remove from the list required by subsection A any person:
1. Who has not been appointed as a humane investigator within three years of having been
placed on the list;
2. Whose appointment as a humane investigator has been revoked as provided in §
3.1-796.106:1; or
3. Whose term as a humane investigator has expired, if such person has not been appointed
to a succeeding term by the circuit court before or within thirty days after the term
expired.
3.1-796.106:1 Revocation of appointment of humane investigators; State
Veterinarian may investigate allegations.
A. Upon a motion by the attorney for the Commonwealth, the circuit court that
appointed a humane investigator may revoke his appointment if he is no longer able to
perform the duties of a humane investigator; has been convicted of any felony, Class 1
misdemeanor, or a violation of any provision of this chapter or any other law regarding
animals; or for good cause shown. The court shall notify the State Veterinarian of each
such revocation.
B. The State Veterinarian may investigate any allegation that a humane investigator has
violated this chapter and report his findings and recommendations to the attorney for the
Commonwealth. The State Veterinarian may authorize a State Veterinarian's representative
to conduct such investigation. The report shall be held confidential except that the
substance of the allegation against the humane investigator shall be disclosed to the
humane investigator upon his written request.
3.1-796.106:2 Powers and duties of humane investigators.
A. Any humane investigator may, within the locality for which he has been
appointed, investigate violations of laws and ordinances regarding care and treatment of
animals and disposal of dead animals.
B. Each humane investigator shall carry during the performance of his powers and duties
under this chapter an identification card issued by the State Veterinarian. The
identification card shall include the following information regarding the humane
investigator:
1. His full name;
2. The locality for which he has been appointed;
3. The name of the circuit court that appointed him;
4. The signature of the circuit court judge that appointed him;
5. A photograph of his face; and
6. The date of expiration of his appointment.
C. Each humane investigator shall record on a form approved by the State Veterinarian
every investigation he performs, maintain such record for five years, and make such record
available upon request to any law-enforcement officer, animal control officer or State
Veterinarian's representative. Each humane investigator shall file quarterly a report
summarizing such records with the State Veterinarian on a form approved by him. A humane
investigator's appointment may be revoked as provided in § 3.1-796.106:1 if he fails to
file such report.
3.1-796.107 Complaint of suspected violation; investigation.
A. Upon receiving a complaint of a suspected violation of this chapter, any ordinance
enacted pursuant to this chapter or any law for the protection of domestic animals, any
animal control officer, law-enforcement officer, or State Veterinarian's representative
may, for the purpose of investigating the allegations of the complaint, enter upon, during
business hours, any business premises, including any place where animals or animal records
are housed or kept, of any dealer, pet shop, groomer, or boarding establishment. Upon
receiving a complaint of a suspected violation of any law or ordinance
regarding care or treatment of animals or disposal of dead animals, any humane
investigator may, for the purpose of investigating the allegations of the complaint, enter
upon, during business hours, any business premises, including any place where animals or
animal records are housed or kept, of any dealer, pet shop, groomer, or boarding
establishment.
Upon obtaining a warrant as provided for in § 3.1-796.113, the law- enforcement officer,
animal control officer, State Veterinarian's representative, or humane investigator may
enter upon any other premises where the animal or animals described in the complaint are
housed or kept. Attorneys for the Commonwealth and law-enforcement officials shall provide
such assistance as may be required in the conduct of such investigations.
B. If the investigation discloses that a violation of § 3.1-796.68 has occurred, the
investigating official shall notify the owner or custodian of the complaint and of what
action is necessary to comply with this chapter.
3.1-796.108 Impoundment; expenses; lien; disposition of animal.
When an animal control officer, humane investigator, law-enforcement officer or State
Veterinarian's representative finds that an apparent violation of this chapter has
rendered an animal in such a condition as to constitute a direct and immediate threat to
its life, safety or health which the owner or custodian has failed or refuses to remedy,
such animal control officer, humane investigator, law-enforcement officer or State
Veterinarian's representative may impound the animal pursuant to § 3.1-796.115 in a
facility which will provide the elements of good care as set forth in § 3.1-796.68 and
shall then proceed to take such steps as are required to dispose of the animal pursuant to
§ 3.1-796.115.
3.1-796.110 Expenses of humane investigators.
Neither the appointment of any humane investigator, nor the performance of any service or
duty by him, shall require any locality or the Commonwealth to pay any cost or expense
incurred by or on behalf of a humane investigator. Any locality may reimburse any humane
investigator appointed for that locality for reasonable expenses incurred as the result of
a specific request for services from the locality.
3.1-796.111 Preventing cruelty to animals; interference; penalty.
Each animal control officer, humane investigator or State Veterinarian's representative
shall interfere to prevent the perpetration of any act of cruelty upon any animal in his
presence. Any person who shall interfere with or obstruct or resist any animal control
officer, humane investigator or State Veterinarian's representative in the discharge of
his rights, powers, and duties as authorized and prescribed by law shall be deemed guilty
of a Class 4 misdemeanor.
3.1-796.112 Enforcement authority.
All law-enforcement officers in the Commonwealth of Virginia and State
Veterinarian's representatives shall enforce the provisions of this chapter to the same
extent other laws in the Commonwealth are enforced.
3.1-796.113 Power of search for violations of statutes against cruelty to
animals.
When a sworn complaint is made to any proper authority by any animal control
officer, humane investigator, law-enforcement officer or State Veterinarian's
representative that the complainant believes and has reasonable cause to believe that the
laws in relation to cruelty to animals have been, are being, or are about to be violated
in any particular building or place, such authority, if satisfied that there is reasonable
cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff or
police officer, to search the building or place. No search shall be made after sunset
unless specially authorized by the authority upon satisfactory cause shown.
3.1-796.114 When animals to be destroyed; procedure.
Any humane investigator may lawfully cause to be destroyed any animal in his
charge or found abandoned or not properly cared for when, in the judgment of the humane
investigator and two reputable citizens called to view the same in his presence, and who
shall give their written certificate, the animal appears to be injured, disabled or
diseased, past recovery, or the injury, disease or disability is such that a reasonable
owner would cause the animal to be destroyed.
Any humane investigator shall make every reasonable effort immediately to notify the owner
of the animal that the humane investigator intends for the animal to be destroyed. The
owner shall have a right to select one of the two reputable citizens called to view the
animal and give written certificate of the animal's condition. In no event shall the
determination as to disposition of the animal be delayed beyond forty-eight hours after
such humane investigator first decides the animal should be destroyed. In the event that
the two citizens called to give such certificate are unable to agree, they shall select a
third reputable citizen and his decision shall be final.
3.1-796.115 Seizure and impoundment of animals; notice and hearing; disposition
of animal; disposition of proceeds upon sale.
A. Any humane investigator, law-enforcement officer or animal control officer may
lawfully seize and impound any animal that has been abandoned, has been cruelly treated,
or 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. Before seizing or impounding any agricultural animal, such humane investigator,
law-enforcement officer or animal control officer shall contact the State Veterinarian or
a State Veterinarian's representative, who shall recommend to such person the most
appropriate action for the disposition of the agricultural animal. The humane
investigator, law-enforcement officer or animal control officer shall notify the owner of
the agricultural animal and the local attorney for the Commonwealth of the recommendation.
The humane investigator, law-enforcement officer or animal control officer may impound the
agricultural animal on the land where the agricultural animal is located if:
1. The owner or tenant of the land where the agricultural animal is located gives written
permission;
2. A general district court so orders; or
3. The owner or tenant of the land where the agricultural animal is located cannot be
immediately located, and it is in the best interest of the agricultural animal to be
impounded on the land where it is located until the written permission of the owner or
tenant of the land can be obtained.
If there is a direct and immediate threat to an agricultural animal, the humane
investigator, law-enforcement officer or animal control officer may seize the animal, in
which case the humane investigator, law-enforcement officer or animal control officer
shall file within five business days on a form approved by the State Veterinarian a report
on the condition of the animal at the time of the seizure, the disposition of the animal,
and any other information required by the State Veterinarian.
Upon seizing or impounding an animal, the humane investigator, law- enforcement officer or
animal control officer 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 officer, or animal control officer 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 officer, or 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.
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. The Commonwealth shall be required to prove its case beyond a
reasonable doubt.
D. The humane investigator, law-enforcement officer, or animal control officer shall
provide for such animal until the court has concluded the hearing. Any locality may, by
ordinance, require the owner of any animal held pursuant to this subsection for more than
thirty days to post a bond in surety with the locality for the amount of the cost of
boarding the animal for a period of time set in the ordinance, not to exceed nine months.
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; (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 a 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 or 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. 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 subsection 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 officer, animal control officer, 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.
3.1-796.116 Dogs killing, injuring or chasing livestock or poultry.
It shall be the duty of any animal control officer or other officer who may find a dog in
the act of killing or injuring livestock or poultry to kill such dog forthwith whether
such dog bears a tag or not. Any person finding a dog committing any of the depredations
mentioned in this section shall have the right to kill such dog on sight as shall any
owner of livestock or his agent finding a dog chasing livestock on land utilized by the
livestock when the circumstances show that such chasing is harmful to the livestock. Any
court shall have the power to order the animal control officer or other officer to kill
any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry
for the third time shall be considered a confirmed poultry killer. The court, through its
contempt powers, may compel the owner, custodian, or harborer of the dog to produce the
dog.
Any animal control officer who has reason to believe that any dog is killing livestock or
poultry shall be empowered to seize such dog solely for the purpose of examining such dog
in order to determine whether it committed any of the depredations mentioned herein. Any
animal control officer or other person who has reason to believe that any dog is killing
livestock, or committing any of the depredations mentioned in this section, shall apply to
a magistrate of the county, city or town wherein such dog may be, who shall issue a
warrant requiring the owner or custodian, if known, to appear before a general district
court at a time and place named therein, at which time evidence shall be heard. If it
shall appear that the dog is a livestock killer, or has committed any of the depredations
mentioned in this section, the district court shall order that the dog be (i) killed
immediately by the animal control officer or other officer designated by the court or (ii)
removed to another state which does not border on the Commonwealth and prohibited from
returning to the Commonwealth. Any dog ordered removed from the Commonwealth which is
later found in the Commonwealth shall be ordered by a court to be killed immediately.
3.1-796.118 Compensation for livestock and poultry killed by dogs.
Any person who has any livestock or poultry killed or injured by any dog not his own shall
be entitled to receive as compensation the fair market value of such livestock or poultry
not to exceed $400 per animal or $10 per fowl, provided that: (i) the claimant has
furnished evidence within sixty days of discovery of the quantity and value of the dead or
injured livestock and the reasons the claimant believes that death or injury was caused by
a dog; (ii) the animal control officer or other officer shall have been notified of the
incident within seventy-two hours of its discovery; and (iii) the claimant first has
exhausted his legal remedies against the owner, if known, of the dog doing the damage for
which compensation under this section is sought. Exhaustion shall mean a judgment against
the owner of the dog upon which an execution has been returned unsatisfied.
Local jurisdictions may by ordinance waive the requirements of (ii) or (iii) or both
provided that the ordinance adopted requires that the animal control officer has conducted
an investigation and that his investigation supports the claim. Upon payment under this
section the local governing body shall be subrogated to the extent of compensation paid to
the right of action to the owner of the livestock or poultry against the owner of the dog
and may enforce the same in an appropriate action at law.
3.1-796.119 Capturing, confining, and euthanizing companion animals by animal
control officers; approval of drugs, etc., used.
It shall be the duty of the animal control officer or any other officer to
capture and confine any companion animal of unknown ownership found running at large on
which the license fee has not been paid. Following the expiration of the holding period
prescribed in § 3.1-796.96, the animal control officer or other officer may deliver such
companion animal to any person in his jurisdiction who will pay the required license fee
on such companion animal. Prior to disposition by euthanasia or otherwise, all the
provisions of § 3.1-796.96 shall have been complied with. For all companion animals not
otherwise disposed of as provided for in this chapter, it shall be the duty of the animal
control officer or any other officer to euthanize such companion animals. Any person,
animal control officer, or other officer euthanizing a companion animal under this chapter
shall cremate, bury, or sanitarily dispose of the same.
All drugs and drug administering equipment used by animal control officers or other
officers to capture companion animals pursuant to this chapter shall have been approved by
the State Veterinarian.
ARTICLE 6. CRUELTY TO ANIMALS.
3.1-796.122 Cruelty to animals; penalty.
A. Any person who (i) overrides, overdrives, overloads, tortures, ill-treats, abandons,
willfully inflicts inhumane injury or pain not connected with bona fide scientific or
medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any
animal, whether belonging to himself or another; or (ii) deprives any animal of necessary
food, drink, shelter or emergency veterinary treatment; or (iii) willfully sets on foot,
instigates, engages in, or in any way furthers any act of cruelty to any animal; or (iv)
carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in
a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or
(v) causes any of the above things, or being the owner of such animal permits such acts to
be done by another, shall be guilty of a Class 1 misdemeanor.
B. Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats,
maims, mutilates or kills any animal whether belonging to himself or another; or (ii)
instigates, engages in, or in any way furthers any act of cruelty to any animal set forth
in clause (i) of this subsection; or (iii) causes any of the actions described in
subdivisions (i) and (ii) of this subsection, or being the owner of such animal permits
such acts to be done by another; and has been within five years convicted of a violation
of this subsection or subsection A, shall be guilty of a Class 6 felony if the current
violation or any previous violation of this subsection or subsection A resulted in the
death of an animal or the euthanasia of an animal based on the recommendation of a
licensed veterinarian upon determination that such euthanasia was necessary due to the
condition of the animal, and such condition was a direct result of a violation of this
subsection or subsection A.
C. Any person who abandons any dog, cat or other domesticated animal in any public place
including the right-of-way of any public highway, road or street or on the property of
another shall be guilty of a Class 3 misdemeanor.
D. Nothing in this section shall be construed to prohibit the dehorning of cattle.
E. For the purposes of this section and §§ 3.1-796.111, 3.1-796.113, 3.1-796.114,
3.1-796.115, and 3.1-796.125, the word animal shall be construed to include birds and
fowl.
F. This section shall not prohibit authorized wildlife management activities or hunting,
fishing or trapping as regulated under other titles of the Code of Virginia, including,
but not limited to Title 29.1, or to farming activities as provided under this title or
regulations promulgated thereto.
G. In addition to the penalties provided in subsection A, the court may, in its
discretion, require any person convicted of a violation of subsection A to attend an anger
management or other appropriate treatment program or obtain psychiatric or psychological
counseling. The court may impose the costs of such a program or counseling upon the person
convicted.
H. It is unlawful for any person to kill a domestic dog or cat for the purpose of
obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall
constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection
shall constitute a Class 6 felony.
3.1-796.123 Soring horses; penalty.
For the purposes of this section, a horse shall be considered to be sored if, for the
purpose of affecting its gait, a blistering agent has been applied internally or
externally to any of the legs, ankles, feet, or other parts of the horse, or if burns,
cuts, or lacerations have been inflicted on the horse, or if a chemical agent, or tacks,
nails, or wedges have been used on the horse, or if any other method or device has been
used on the horse, including, but not limited to chains or boots, which may reasonably be
expected currently (i) to result in physical pain to the horse when walking, trotting, or
otherwise moving, or (ii) to cause extreme fear or distress to the horse.
It shall be unlawful for any person to deliver or receive into this Commonwealth for the purpose of showing or exhibiting, any horse which such person has reason to believe is suffering from the effects of being sored. It shall also be unlawful to show or exhibit or enter in any horse show or exhibition for the purpose of showing any horse which such person has reason to believe is sored. No one shall participate in or conduct any horse show or exhibition in which there is shown or exhibited a horse which such person has reason to believe is sored.
Any person who violates any provision of this section shall be guilty of a Class 3 misdemeanor.
18.2-403.1 Offenses involving animals -- Class 1 misdemeanors.
The following unlawful acts and offenses against animals shall constitute and be
punished as a Class 1 misdemeanor:
1. Violation of subsection A of § 3.1-796.122 pertaining to cruelty to animals, except as
provided for second or subsequent violations in that section.
2. Violation of § 3.1-796.69 pertaining to transporting animals under certain conditions.
3. Making a false claim or receiving money on a false claim under § 3.1-796.118
pertaining to compensation for livestock and poultry killed by dogs.
4. Violation of § 3.1-796.83:1 pertaining to boarding establishments and groomers as
defined in § 3.1-796.68.
18.2-403.3 Offenses involving animals -- Class 4 misdemeanors.
The following unlawful acts and offenses against animals shall constitute and be punished
as a Class 4 misdemeanor:
1. Violation of § 3.1-796.111 pertaining to interference of agents charged with preventing cruelty to animals.
2. Violation of § 3.1-796.126 pertaining to shooting pigeons.
3. Violation of § 3.1-796.121 pertaining to disposing of the body of a dead companion animal.
4. Violation of ordinances passed pursuant to §§ 3.1-796.98 and 3.1-796.100 pertaining to rabid dogs and preventing the spread of rabies and the running at large of vicious dogs.
5. Violation of an ordinance passed pursuant to § 3.1-796.95 requiring dogs to be on a leash.
6. Failure by any person to secure and exhibit the permits required by § 29.1-422 pertaining to field trails, night trails and foxhounds.
7. Diseased dogs. -- For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner.
8. License application. -- For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.
9. License tax. -- For any dog or cat owner to fail to pay any license tax required by § 3.1-796.88 before February 1 for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat.
10. Concealing a dog or cat. -- For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.
11. Removing collar and tag. -- For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian.
12. Violation of § 3.1-796.68 pertaining to care of animals by owner.
Amended in 1998, 1999.
Reviewed by AAHS in September 2001.
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