Knowledge Base

Sec. 6-50. Dangerous dog(s).

Any animal control officer or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a dangerous dog, as defined in this chapter, shall apply to a magistrate of the city 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. In the event that a law-enforcement officer successfully makes an application for the issuance of a summons, that law-enforcement officer shall contact the local animal control officer and inform the animal control officer of the location of the dog and the relevant facts pertaining to the law-enforcement officer's belief that the dog is dangerous. 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 animal's owner shall comply with the provisions of this division, and the animal control officer or the owner if directed by the animal control officer, shall confine the dog until such time as (a) the owner complies with the conditions of this chapter or (b) the court determines that the dog is not a dangerous dog. 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, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case beyond a reasonable doubt.

Sec. 6-50.1. Vicious dogs.

Any animal control officer or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a vicious dog, as defined in this chapter, shall apply to a magistrate of the city 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. In the event that a law-enforcement officer successfully makes an application for the issuance of a summons, that law-enforcement officer shall contact the local animal control officer and inform the animal control officer of the location of the dog and the relevant facts pertaining to the law-enforcement officer's belief that the dog is vicious. 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 vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1-796.119. 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, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case beyond a reasonable doubt.

Sec. 6-51. Registration of dangerous dog.

1. The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the treasurer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The treasurer 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 paragraph shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The animal control officer shall provide a copy of the dangerous dog registration certificate and verification of compliance to the state veterinarian.

    

2. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, (ii) that the animal has been neutered or spayed, (iii) that appropriate liability insurance has been obtained as required in section 6-52, and (iv) 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, 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, (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation, and (iii) the owner has met the requirements of section 6-52(d).

    

3. 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 that the animal has been neutered or spayed.

Sec. 6-52. Keeping of dangerous dogs; conditions.

(a)   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.

(b)   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 division.

(c)   After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority 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.

(d)   The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) that covers animal bites insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carrier or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or police officer. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand dollars ($100,000.00).

(e)   The owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved.

(f)     The owner of a dangerous dog must register the animal with the Commonwealth of Virginia Dangerous Dog Registry within forty-five (45) days of such finding by a court of competent jurisdiction.

Sec. 6-53. Violations and penalties.

(a)   If a canine or canine crossbreed previously found to be a dangerous dog pursuant to this chapter or the state comprehensive animal laws attacks and injures or kills a cat or dog that is a companion animal belonging to another person, and that attack is a separate and distinct incident from the incident that led to the finding, then the owner or custodian of the dangerous dog is guilty of a Class 2 misdemeanor.

(b) If a canine or canine crossbreed previously found to be a dangerous dog pursuant to this chapter or the state comprehensive animal laws bites a human being or attacks a human being causing bodily injury, and that bite or attack is a separate and distinct incident from the incident that led to the finding, then the owner or custodian of the dangerous dog is guilty of a Class 1 misdemeanor.

(c)  If the owner of any canine or canine crossbreed previously found to be a dangerous dog pursuant to this chapter or the state comprehensive animal laws willfully fails to comply with the requirements imposed as a result of the finding that the animal is a dangerous dog, then that owner is guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this division, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Code of Virginia, § 3.1-796.104.1.

Sec. 6-54. Exceptions.

(a)   No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed.

(b)   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 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.

(c)   No animal that at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog.

(d)   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.