§ 6-50. Dangerous or vicious dog determination hearing; appeal; license; notification of change in status.

(a)

As used in this section,

(1)

Dangerous dog means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous:

(i)

If no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite;

(ii)

Both dogs are owned by the same person;

(iii)

If such attack occurs on the property of the attacking or biting dog's owner or custodian; or

(iv)

For other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community.

(2)

Vicious dog means a canine or canine crossbreed which has:

(i)

Killed a person;

(ii)

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

(iii)

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

(b)

Any animal control officer or law enforcement officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate 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. If a law enforcement officer successfully makes an application for the issuance of a summons, he shall contact the animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The animal control officer or owner shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Section 3.2-6562 of the Code of Virginia, 1950, as amended.

(c)

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

(1)

Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian;

(2)

Committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or

(3)

Provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times.

No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.

(d)

The owner of any animal found by a court to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(e)

All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence:

(1)

Of the animal's current rabies vaccination, if applicable;

(2)

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; and

(3)

That the owner has liability insurance coverage, to the value of at least one hundred thousand dollars ($100,000.00), that covers animal bites.

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)

That the animal has been neutered or spayed.

(f)

While on the property of its owner, an animal found by a court to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure designed 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 by a court to be a dangerous dog shall be under the direct supervision by an adult eighteen (18) years of age or older and kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

(g)

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

(h)

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

(1)

Is loose or unconfined;

(2)

Bites a person or attacks another animal;

(3)

Is sold, given away, or dies; or

(4)

Has been moved to a different address.

(i)

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

(j)

All fees collected pursuant to this section, less the costs incurred by the city in producing and distributing the certificates and tags required by this section, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Section 3.2-6557 of the Code of Virginia, 1950, as amended.

(Ord. No. 4072-90; Ord. No. 4972-96; Ord. No. 6020-04, § 1; Ord. No. 7299-16)

State Law reference— State law reference: Similar provisions, Code of Virginia § 3.2-6540, et seq.

(Ord. No. 4072-90; Ord. No. 4972-96; Ord. No. 6020-04, § 1; Ord. No. 7299-16)

State law reference

State law reference: Similar provisions, Code of Virginia § 3.2-6540, et seq.