Title 3.2. Agriculture, Animal Care, and Food. Subtitle V. Domestic Animals. Chapter 59. General Provisions
Rabies/Animal Health and Disease
§ 3.2-5901. State Veterinarian and representatives
§ 3.2-5901.1. State Animal Welfare Inspector
§ 3.2-5903. Laboratory for diagnosis of diseases
§ 3.2-5904. Authority of the Commissioner; coyotes
Article 1. General Provisions
§ 3.2-6501. Regulations and guidelines
§ 3.2-6501.1. Regulations for the keeping of certain animals
Article 2. Animal Welfare
§ 3.2-6503. Care of companion animals by owner; penalty
§ 3.2-6504. Abandonment of animal; penalty
§ 3.2-6504.1. Civil immunity; forcible entry of motor vehicle to remove unattended companion animal
§ 3.2-6506. Exceptions regarding veterinarians
§ 3.2-6507. Injured or sick animal; action by veterinarian
Article 2.1. Commercial Dog Breeding Operations
§ 3.2-6507.1. Business license required
§ 3.2-6507.2. Commercial dog breeding; requirements
§ 3.2-6507.4. Concurrent operation of releasing agency prohibited
§ 3.2-6507.6. Duty of attorneys for the Commonwealth
Article 3. Transportation and Sale of Animals
§ 3.2-6508. Transporting animals; requirements; penalty
§ 3.2-6508.1. Sale of dogs or cats prohibited in certain places
§ 3.2-6509. Misrepresentation of animal's condition; penalties
§ 3.2-6509.1. Disclosure of animal bite history; penalties
§ 3.2-6511. Failure of dealer or pet shop to provide adequate care; penalty; report
§ 3.2-6511.1. Pet shops; procurement from unlicensed commercial dog breeders; penalty
§ 3.2-6511.2. Dealers; importation and sale of dogs; penalty
§ 3.2-6513.1. Pet shops; posting of information about dogs
§ 3.2-6513.2. Rental or lease of dog or cat prohibited; civil penalty
§ 3.2-6514. Consumer remedies for receipt of diseased animal upon certification by veterinarian
§ 3.2-6515. Written notice of consumer remedies required to be supplied by pet dealers
§ 3.2-6517. Remedies cumulative
Article 4. Boarding Establishments and Groomers
Article 5. Rabies Control and Licensing of Dogs and Cats
§ 3.2-6521. Rabies inoculation of companion animals; availability of certificate; rabies clinics
§ 3.2-6523. Inoculation for rabies at animal shelters
§ 3.2-6524. Unlicensed dogs prohibited; ordinances for licensing cats
§ 3.2-6525. Regulations to prevent spread of rabies
§ 3.2-6526. What dog or cat license shall consist of
§ 3.2-6527. How to obtain license
§ 3.2-6528. Amount of license tax
§ 3.2-6529. Veterinarians to provide treasurer with rabies certificate information; civil penalty
§ 3.2-6530. When license tax payable
§ 3.2-6531. Displaying receipts; dogs to wear tags
§ 3.2-6532. Duplicate license tags
§ 3.2-6533. Effect of dog or cat not wearing a license tag as evidence
§ 3.2-6534. Disposition of funds
§ 3.2-6535. Supplemental funds
§ 3.2-6536. Payment of license tax subsequent to summons
Article 6. Authority of Local Governing Bodies
§ 3.2-6537. Ordinances; penalties
§ 3.2-6537.1. Cash bond for a pet shop obtaining certain dogs
§ 3.2-6538. Governing body of any locality may prohibit dogs from running at large; civil penalty
§ 3.2-6539. Ordinance requiring dogs to be kept on leash
§ 3.2-6540. Dangerous dogs; investigation, summons, and hearing
§ 3.2–6540.01. Obligations of officer and owner following dangerous dog finding
§ 3.2-6540.02. Notice of dangerous dog finding; penalty
§ 3.2-6540.03. Violation of law by owner of dangerous dog; penalty
§ 3.2-6540.04. Subsequent attack or bite by dangerous dog; penalty
§ 3.2-6540.1. Vicious dogs; penalties
§ 3.2-6541. Authority to prohibit training of attack dogs
§ 3.2-6541.1. Authority to prohibit ownership of particular breed
§ 3.2-6542. Establishment of Dangerous Dog Registry
§ 3.2-6542.1. Renewal of dangerous dog registration
§ 3.2-6542.2. Dangerous dog fees; local fund
§ 3.2-6543. Governing body of any locality may adopt certain ordinances
§ 3.2-6543.1. Authority to enact parallel dangerous dog ordinance
§ 3.2-6544. Regulation of keeping of animals and fowl
§ 3.2-6545. Regulation of sale of animals procured from animal shelters
§ 3.2-6547. Acceptance of animals for research or experimentation; prohibition
§ 3.2-6550. Requirements for foster homes penalty
§ 3.2-6551. Notification by individuals finding companion animals; penalty
§ 3.2-6552. Dogs killing, injuring or chasing livestock or poultry
§ 3.2-6553. Compensation for livestock and poultry killed by dogs
§ 3.2-6554. Disposal of dead companion animals
Article 10. Mandatory Sterilization of Dogs and Cats Adopted from Releasing Agencies
§ 3.2-6574. Sterilization of adopted dogs and cats; enforcement; civil penalty
§ 3.2-6575. Sterilization agreement
§ 3.2-6576. Sterilization confirmation; civil penalty
§ 3.2-6577. Notification concerning lost, stolen or dead dogs or cats; civil penalty
§ 3.2-6579. Releasing agency; fees and deposits
Article 11. Hybrid Canines
§ 3.2-6582. Hybrid canine ordinance; penalty
§ 3.2-6583. Hybrid canines killing, injuring or chasing livestock
§ 3.2-6584. Compensation for livestock and poultry killed by hybrid canines
§ 3.2-6585. Dogs and cats deemed personal property; rights relating thereto
§ 3.2-6585.1. Duty to identify; scanning for microchip
Article 12. Miscellaneous Provisions (injury to service animals, prohibition on dog/cat fur)
§ 3.2-6586. Dog injuring or killing other companion animals
§ 3.2-6587. Unlawful acts; penalties
§ 3.2-6588. Intentional interference with a guide or leader dog; penalty
§ 3.2-6589. Selling garments containing dog or cat fur prohibited; penalty
§ 3.2-6590. Jurisdiction of general district courts; right of appeal
Title 15.2. Counties, Cities and Towns. Subtitle II. Powers of Local Government. Chapter 9. General Powers of Local Governments. Article 5. Additional Powers.
§ 15.2-981. Authority to sell dogs trained for police work
Title 18.2. Crimes and Offenses Generally. Chapter 5. Crimes Against Property. Article 3. Larceny and Receiving Stolen Goods.
§ 18.2-97. Larceny of certain animals and poultry
§ 18.2-97.1. Removal of a transmitting device; penalty
Title 18.2. Crimes and Offenses Generally. Chapter 7. Crimes Involving Health and Safety. Article 8. Miscellaneous Dangerous Conduct
§ 18.2-313.1. Withholding information about possibly rabid animal; penalty
Title 18.2. Crimes and Offenses Generally. Chapter 8. Crimes Involving Morals and Decency. Article 8. Offenses Involving Animals
§ 18.2-403.3. Offenses involving animals -- Class 4 misdemeanors
Title 29.1. Game, Inland Fisheries and Boating. Chapter 4. Permits Required. Article 3. Special Permits
§ 29.1-422. Permits for field trials
Title 29.1. Game, Inland Fisheries and Boating. Chapter 5. Wildlife and Fish Laws. Article 2. Hunting and Trapping
§ 29.1-516.1. Using tracking dogs to retrieve bear, deer, or turkey
West's Annotated Code of Virginia. Title 32.1. Health. Chapter 2. Disease Prevention and Control. Article 3.1. Control of Rabies.
§ 32.1-48.1. Regulation of State Health Commissioner declaring existence of rabies; display and publication
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
Title 3.2. Agriculture, Animal Care, and Food. Subtitle V. Domestic Animals. Chapter 59. General Provisions
As used in this subtitle, unless the context requires a different meaning:
"Accredited veterinarian" means a veterinarian approved by the Administrator of the U.S. Department of Agriculture in accordance with 9 C.F.R. Part 161, which includes the authority to issue health certificates.
"Animal" means any organism of the kingdom Animalia, other than a human being.
"Hatching egg" means any egg of any chicken, turkey, waterfowl, or game bird, or the egg of any other avian species that is used or intended to be used for hatching purposes.
"Horse" means any stallion, colt, gelding, mare, or filly.
“Livestock” includes all domestic or domesticated bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.2-2600; enclosed rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
"Passport" means a document that may be used in lieu of a Certificate of Veterinary Inspection and shall contain animal identifiers and health maintenance history such as vaccinations and laboratory tests.
"Poultry" includes all domestic fowl and game birds raised in captivity.
"State Veterinarian" means the veterinarian employed by the Commissioner as provided in § 3.2-5901.
"State Veterinarian's representative" means any person who is either: (i) an employee of the Department under the direction of the State Veterinarian; or (ii) a veterinarian deputized pursuant to § 3. 2-5901.
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2019, c. 258.
Derivation:
Acts 1966, c. 702; Acts 1972, c. 531; Acts 1975, c. 115; Acts 1975, c. 260; Acts 1977, c. 186; Acts 1978, c. 219; Acts 1978, c. 540; Acts 1982, c. 150; Acts 1984, c. 492, § 29-213.36; Acts 1987, c. 488; Acts 1988, c. 538; Acts 1991, c. 348; Acts 1993, c. 174; Acts 1993, c. 455; Acts 1993, c. 959; Acts 1994, c. 261; Acts 1994, c. 370; Acts 1995, c. 10; Acts 1995, c. 610; Acts 1996, c. 996; Acts 1998, c. 817; Acts 2002, c. 351; Acts 2002, c. 500; Acts 2002, c. 787; Acts 2003, c. 544; Acts 2003, c. 551; Acts 2003, c. 1007; Acts 2005, c. 633; §§ 3.1-4, 3.1-14, 3.1-741.1, 3.1-741.3 and 3.1-796.66.
§ 3.2-5901. State Veterinarian and representatives
The Commissioner shall employ and direct a veterinarian who shall be known as the State Veterinarian, whose duties shall be to carry out the laws of the Commonwealth and the regulations of the Board and the Commissioner. The State Veterinarian and his representatives shall have the power to carry into effect all lawful orders given by the Board or the Commissioner.
The State Veterinarian may deputize, for a specific period of time, licensed veterinarians, veterinarians employed by the Virginia-Maryland Regional College of Veterinary Medicine, and veterinarians in the employment of the U.S. Department of Agriculture.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1966, c. 702; Acts 1978, c. 396; § 3.1-723.
§ 3.2-5901.1. State Animal Welfare Inspector
The Commissioner shall employ and direct at least two licensed veterinary technicians, each of whom shall be known as the State Animal Welfare Inspector (the Inspector) and shall have the duty to carry out the tasks assigned to him pursuant to Chapter 65 (§ 3.2-6500 et seq.). The Inspector shall have the power to carry out the laws of the Commonwealth and the regulations of the Board and the Commissioner.
Credits
Added by Acts 2020, c. 1284.
§ 3.2-5902. Certificate of veterinary inspection required for importation of certain pet animals; examination; exceptions; penalty
A. It shall be unlawful for any person to import into the Commonwealth from another state any pet animal, including dogs, cats, monkeys, or other animals, ferae naturae, wild or tame under domestication or in custody, or any poultry not intended for commercial use that by its nature is fit for use only as a pet, unless such animal is accompanied by a certificate of veterinary inspection issued by an accredited veterinarian. Such certificate shall be on an official interstate certificate of veterinary inspection issued by the state of origin, shall be dated no more than 10 days before shipment, and shall contain such evidence of proof of the health of the animal as the Board, by regulation, may require.
B. Any animal imported into the Commonwealth without a certificate may be examined immediately by the State Veterinarian, his representative, or a licensed veterinarian designated by him, and the examination cost may be charged to the owner or the person in possession of the animal. If, in the opinion of the State Veterinarian or his representative, there is danger from contagion or infection, the animal may be placed in quarantine at the expense of the owner until all danger of infection or contagion has passed, whereupon the animal shall be released upon the order of the State Veterinarian or his representative.
C. The provisions of this section shall not apply to any ornamental aquarium fish or invertebrate animal, or an animal accompanied by a passport approved by the State Veterinarian. The provisions of this section shall also not apply to: (i) any animal as herein defined passing directly through the Commonwealth to another state in interstate commerce, or when such animal is kept properly under control by its owner or custodian when passing through the Commonwealth to another state; (ii) any animal brought into the Commonwealth by a resident or by a resident of another state who intends to make his residence in the Commonwealth except if brought into the Commonwealth with the intent of offering it for public sale, trade, or promotional incentive; or (iii) to any animal brought into the Commonwealth temporarily for the purpose of hunting or legal exhibition within this state.
D. Any person who violates any of the provisions of this section is guilty of a Class 1 misdemeanor.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1966, c. 702; Acts 1993, c. 174; Acts 2001, c. 311; Acts 2001, c. 333; § 3.1-735.
§ 3.2-5903. Laboratory for diagnosis of diseases
The Commissioner shall maintain and operate a laboratory system for the diagnosis of diseases of livestock and poultry, and for such other uses and purposes as may be determined by the Commissioner.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1966, c. 702; § 3.1-725.
§ 3.2-5904. Authority of the Commissioner; coyotes
The Commissioner may enter into agreements with local and state agencies, or other persons for the control of coyotes that pose a danger to agricultural animals. The Commissioner shall enter into an agreement with the federal government to reestablish the Virginia Cooperative Coyote Damage Control Program.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 761; Acts 2016, c. 59.
§ 3.2-5905. Compensation for animals slaughtered or animals or animal products destroyed to control or eradicate an animal disease outbreak
When, in the judgment of the State Veterinarian, it is necessary for the control or eradication of an animal disease outbreak to slaughter or destroy animals or destroy animal products affected with or exposed to such disease and when the Commissioner determines that there should be compensation to owners and, when applicable, individuals contracted by the owners to produce such animals or animal products for loss thereof, the Commissioner, with the approval of the Governor and the Secretary of Agriculture and Forestry, may, within his discretion, use funds so appropriated to pay to the appropriate persons a portion of the difference between the appraised value of each animal destroyed or slaughtered or animal product destroyed and the total value of the salvage thereof and any compensation made for each animal or animal product by the federal government.
Acts 2008, c. 860, eff. Oct. 1, 2008.
Derivation:
Acts 2006, c. 443; § 3.1-741.7.
As used in this chapter unless the context requires a different meaning:
“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 § 3.2-6503 for a period of four 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 that 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; during hot weather, is properly shaded and does not readily conduct heat; during cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of hay, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; 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. The outdoor tethering of an animal shall not constitute the provision of adequate shelter (a) unless the animal is safe from predators and well suited and well equipped to tolerate its environment; (b) during the effective period for a hurricane warning or tropical storm warning issued for the area by the National Weather Service; or (c)(1) during a heat advisory issued by a local or state authority, (2) when the actual or effective outdoor temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower, or (3) during the effective period for a severe weather warning issued for the area by the National Weather Service, including a winter storm, tornado, or severe thunderstorm warning, unless an animal control officer, having inspected an animal's individual circumstances in clause (c)(1), (2), or (3), has determined the animal to be safe from predators and well suited and well equipped to tolerate its environment.
“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 that the tether to which the animal is attached 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 that is 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; is at least 15 feet in length or four times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is greater, except when the animal is being walked on a leash or is attached by a tether to a lead line or when an animal control officer, having inspected an animal's individual circumstances, has determined that in such an individual case, a tether of at least 10 feet or three times the length of the animal, but shorter than 15 feet or four times the length of the animal, makes the animal more safe, more suited, and better equipped to tolerate its environment than a longer tether; does not, by its material, size, or weight or any other characteristic, cause injury or pain to the animal; does not weigh more than one-tenth of the animal's body weight; and does not have weights or other heavy objects attached to it. The walking of an animal on a leash by its owner shall not constitute the tethering of the animal for the purpose of this definition. 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. The provisions of this definition that relate to tethering shall not apply to agricultural animals.
“Adequate water” means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, 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 that 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 a cat, or any other companion animal, 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 § 3.2-6522, animal means any species susceptible to rabies. For the purposes of § 3.2-6570, 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 § 3.2-6555.
“Boarding establishment” means a place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. “Boarding establishment” shall not include any private residential dwelling that shelters, feeds, and waters fewer than five companion animals not owned by the proprietor.
“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.
“Commercial dog breeder” means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring provided that a person who breeds an animal regulated under federal law as a research animal shall not be deemed to be a commercial dog breeder.
“Companion animal” means any domestic or feral dog, domestic or feral cat, nonhuman 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 that is bought, sold, traded, or bartered by any person. No agricultural animal or game species, or animal actively involved in bona fide scientific or medical experimentation shall be considered a companion animal 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. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person whose primary purpose is to find permanent adoptive homes for companion animals.
“Direct and immediate threat” means any clear and imminent danger to an animal's health, safety or life.
“Dump” means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another.
“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 that 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 U.S. Department of Agriculture.
“Facility” means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept.
“Farming activity” means, consistent with standard animal husbandry practices, the raising, management, and use of agricultural animals to provide food, fiber, or transportation and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes.
“Foster care provider” means a person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization.
“Foster home” means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals.
“Groomer” means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal.
“Home-based rescue” means an animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes.
“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 § 3.2-6558.
“Humane society” means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals.
“Incorporated” means organized and maintained as a legal entity in the Commonwealth.
“Inspector” means a State Animal Welfare Inspector employed pursuant to § 3.2-5901.1 or his representative.
“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 that 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 or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.2-2600; 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.
“New owner” means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.2-6574, and who adopts or receives a dog or cat from a releasing agency.
“Ordinance” means any law, rule, regulation, or ordinance adopted by the governing body of any locality.
“Other officer” includes all other persons employed or elected by the people of Virginia, or by any locality, 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.
“Pet shop” means a retail 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.
“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.
“Private animal shelter” means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization.
“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” when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals.
“Properly lighted” when referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.
“Public animal shelter” means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality.
“Releasing agency” means (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption.
“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.
“Sore” means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by 9 C.F.R. Part 11.2.
“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.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 9; Acts 2008, c. 127; Acts 2008, c. 852, eff. Jan. 1, 2009. Amended by Acts 2011, c. 754; Acts 2011, c. 886; Acts 2014, c. 148; Acts 2015, c. 492; Acts 2018, c. 416; Acts 2018, c. 599; Acts 2018, c. 780; Acts 2019, c. 258; Acts 2019, c. 532; Acts 2019, c. 848; Acts 2020, c. 954; Acts 2020, c. 955; Acts 2020, c. 1284; Acts 2022, c. 92.
§ 3.2-6501. Regulations and guidelines
The Board may adopt regulations and guidelines consistent with the objectives and intent of this chapter concerning the care and transportation of animals.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.37; Acts 1987, c. 488; § 3.1-796.67
§ 3.2-6501.1. Regulations for the keeping of certain animals
A. The Board shall, by July 1, 2022, and pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), adopt comprehensive regulations governing the keeping of dogs and cats by any pet shop. Such regulations shall not apply to agricultural animals.
B. The regulations adopted pursuant to subsection A shall require every regulated person or facility to register annually with the Department and shall prohibit operation without such registration. The fee for such annual registration shall be $250 for any private, for-profit entity required to register. Such regulations shall provide that a pet shop shall not sell a dog or cat to any research facility.
C. The regulations adopted pursuant to subsection A shall establish standards consistent with the provisions of this chapter for the keeping of animals, including (i) standards of adequate care, exercise, feed, shelter, space, treatment, and water and (ii) standards of proper cleaning and lighting. Where necessary, the Board shall adopt specific regulations that apply only to a particular category of currently unregulated entity; however, the standards established for any two similar categories of regulated entity shall not differ significantly.
D. The Board shall issue guidance setting out the compliance requirements for each regulatory standard adopted pursuant to this section, providing information on what an entity in each category is expected to do to comply with a given regulatory standard.
E. Regulations adopted pursuant to this section shall require a State Animal Welfare Inspector employed pursuant to § 3.2-5901.1 to annually conduct at least one unannounced drop-in inspection of each pet shop.
F. Regulations adopted pursuant to this section shall establish remedies for each finding in a given inspection. Such remedies may include the cancellation of the registration granted pursuant to subsection B; the institution of a conditional probationary period, during which the regulated facility shall be allowed to continue to operate; the renewal of such registration for a limited period; or other actions.
G. Nothing in this section or in any regulation adopted pursuant to this section shall be interpreted to limit the authority of any entity to punish or prosecute a person for a violation of any law or regulation or to prevent any person from alerting an animal control officer or law-enforcement officer regarding the condition or treatment of any animal.
Credits
Added by Acts 2020, c. 1284.
§ 3.2-6502. State Veterinarian's power to inspect premises where animals are kept; investigations and search warrants
A. The State Veterinarian and each State Veterinarian's representative shall have the power to conduct inspections of public and private animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, 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.
B. Provisions for investigation of suspected violations of this chapter and other laws pertaining to animals are provided in § 3.2-6564. Provisions for obtaining a warrant and the power of search for violations of animal cruelty laws are provided in § 3.2-6568.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6503. Care of companion 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 to prevent suffering or disease transmission.
The provisions of this section shall also apply to every public or private animal shelter, or other releasing agency, and every foster care provider, 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. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A 1, 2, 3, or 7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A 4, 5, or 6 is a Class 3 misdemeanor.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 875; Acts 2014, c. 148.
§ 3.2-6503.1. Care of agricultural animals by owner; penalty
A. Each owner shall provide for each of his agricultural animals:
1. Feed to prevent malnourishment;
2. Water to prevent dehydration; and
3. Veterinary treatment as needed to address impairment of health or bodily function when such impairment cannot be otherwise addressed through animal husbandry, including humane destruction.
B. The provisions of this section shall not require an owner to provide feed or water when such is customarily withheld, restricted, or apportioned pursuant to a farming activity or if otherwise prescribed by a veterinarian.
C. There shall be a rebuttable presumption that there has been no violation of this section if an owner is unable to provide feed, water, or veterinary treatment due to an act of God.
D. The provisions of this section shall not apply to agricultural animals used for bona fide medical or scientific experimentation.
E. A violation of this section is a Class 4 misdemeanor.
CREDIT(S)
Added by Acts 2011, c. 754; Acts 2011, c. 886.
§ 3.2-6504. Abandonment of animal; penalty
No person shall abandon or dump any animal. Violation of this section is a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a public or private animal shelter or other releasing agency.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148; Acts 2018, c. 416.
§ 3.2-6504.1. Civil immunity; forcible entry of motor vehicle to remove unattended companion animal
§ 3.2-6505. Disposal of animals by means of decompression chamber and use of gas chamber for companion animals prohibited
A. No animal shall be euthanized pursuant to the provisions of this chapter by means of a high altitude decompression chamber.
B. No companion animal shall be euthanized pursuant to the provisions of this chapter by means of a gas chamber.
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 8.
Derivation:
Acts 1984, c. 492, § 29-213.47; Acts 1987, c. 488; § 3.1-796.77.
§ 3.2-6506. Exceptions regarding veterinarians
Sections 3.2-6503, 3.2-6504, 3.2-6508 through 3.2-6519, 3.2- 6557, 3.2-6559, 3.2-6561, 3.2-6564, 3.2-6565, and 3.2-6574 through 3.2-6580 shall not apply to: (i) a place or establishment that 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.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.44; Acts 1987, c. 488; Acts 1993, c. 174; Acts 1993, c. 959; § 3.1-796.74.
§ 3.2-6507. 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 § 3.2- 6557.
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.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.46; Acts 1987, c. 488; Acts 1999, c. 620; § 3.1- 796.76.
§ 3.2-6507.1. Business license required
No commercial dog breeder shall breed dogs in the Commonwealth without a valid business license issued by any locality, as applicable, where he maintains dogs for the purpose of commercial dog breeding.
Acts 2008, c. 852, eff. Jan. 1, 2009.
§ 3.2-6507.2. Commercial dog breeding; requirements
Commercial dog breeders shall:
1. Maintain no more than 50 dogs over the age of one year at any time for breeding purposes. However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing. Any such ordinance may include additional requirements for commercial breeding operations;
2. Breed female dogs only: (i) after annual certification by a licensed veterinarian that the dog is in suitable health for breeding; (ii) after the dog has reached the age of 18 months; and (iii) if the dog has not yet reached the age of 8 years;
3. Dispose of dogs only by gift, sale, transfer, barter, or euthanasia by a licensed veterinarian;
4. Dispose of deceased dogs in accordance with § 3.2-6554;
5. Dispose of dog waste in accordance with state and federal laws and regulations; and
6. Maintain accurate records for at least five years including:
a. The date on which a dog enters the operation;
b. The person from whom the animal was purchased or obtained, including the address and phone number of such person;
c. A description of the animal, including the species, color, breed, sex, and approximate age and weight;
d. Any tattoo, microchip number, or other identification number carried by or appearing on the animal;
e. Each date that puppies were born to such animal and the number of puppies;
f. All medical care and vaccinations provided to the animal, including certifications required by a licensed veterinarian under this chapter; and
g. The disposition of each animal and the date.
Acts 2008, c. 852, eff. Jan. 1, 2009.
A. The Commissioner, the State Veterinarian or his assistant, any animal control officer, and any public health or safety official employed by the locality where a commercial dog breeder resides or maintains breeding operations may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include (i) the inspection of the books and records of any commercial dog breeder, (ii) the inspection of any companion animal owned by the commercial dog breeder, and (iii) the inspection of any place where animals are bred or maintained. In conducting the inspection, the Commissioner or animal control officer may enter any premises where animals may be bred or maintained during daytime hours.
B. Any commercial dog breeder who is the subject of an investigation by the Commissioner, the State Veterinarian, or an animal control officer shall, upon request, provide assistance to the Commissioner, the State Veterinarian, or the animal control officer in making any inspection authorized by this section.
Acts 2008, c. 852, eff. Jan. 1, 2009.
§ 3.2-6507.4. Concurrent operation of releasing agency prohibited
It is unlawful for a commercial dog breeder to operate or maintain a controlling interest in any releasing agency.
Acts 2008, c. 852, eff. Jan. 1, 2009.
Any commercial dog breeder violating any provision of this article is guilty of a Class 1 misdemeanor.
Acts 2008, c. 852, eff. Jan. 1, 2009.
§ 3.2-6507.6. Duty of attorneys for the Commonwealth
It shall be the duty of each attorney for the Commonwealth to enforce this article.
Acts 2008, c. 852, eff. Jan. 1, 2009.
§ 3.2-6508. Transporting animals; requirements; penalty
A. 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 24 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.
B. 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.
C. Violation of this section is a Class 1 misdemeanor.
Acts 2008, c. 860, eff. Oct. 1, 2008.
Derivation:
Acts 1984, c. 492, § 29-213.39; Acts 1987, c. 488; Acts 1993, c. 174; § 3.1- 796.69.
§ 3.2-6508.1. Sale of dogs or cats prohibited in certain places
A. It is unlawful for any person to sell, exchange, trade, barter, lease, or display for a commercial purpose any dog or cat on or in any roadside, public right-of-way, parkway, median, park, or recreation area; flea market or other outdoor market; or commercial parking lot, regardless of whether such act is authorized by the landowner.
B. This section shall not apply to:
1. The display of dogs or cats by or the adoption of dogs or cats from a humane society or private or public animal shelter as those terms are defined in § 3.2-6500;
2. The display of dogs or cats as part of a state or county fair exhibition, 4-H program, or similar exhibition or educational program;
3. The sale, exchange, or trade of dogs that are sold primarily for use in commonly-accepted hunting or livestock farming activities; or
4. A prearranged sale between a dog breeder and a specific individual purchaser. Such prearranged sale shall not take place at a regularly-occurring event such as a flea market or other organized trade venue.
Credits
Added by Acts 2015, c. 679.
§ 3.2-6509. 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. The 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 is a Class 3 misdemeanor.
Any violation of this section by a pet dealer shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2019, c. 566.
§ 3.2-6509.1. Disclosure of animal bite history; penalties
A. Any custodian of a releasing agency, animal control officer, law-enforcement officer, or humane investigator, upon taking custody of any dog or cat in the course of his official duties, shall ask and document whether, if known, the dog or cat has bitten a person or other animal and the circumstances and date of such bite. Any custodian of a releasing agency, animal control officer, law-enforcement officer, or humane investigator, upon release of a dog or cat for (i) adoption, (ii) return to a rightful owner, or (iii) transfer to another agency, shall disclose, if known, that the dog or cat has bitten a person or other animal and the circumstances and date of such bite.
B. Violation of this section is a Class 3 misdemeanor.
Credits
Added by Acts 2018, c. 678.
§ 3.2-6510. Sale of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty
A. No person shall sell, raffle, give away, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device any living chicks, ducklings, or other fowl under two months old in quantities of less than six or any unweaned mammalian companion animal or any dog or cat under the age of seven weeks without its dam or queen. Dealers may offer immature fowl, unweaned mammalian companion animals, dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven weeks of age. Nothing in this section shall prohibit the sale, gift, or transfer of an unweaned animal: (i) as food for other animals; (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or private animal shelter, or a veterinarian.
B. Dealers shall provide all dogs and cats with current vaccinations against contagious and infectious diseases, as recommended in writing and considered appropriate for the animal's age and breed by a licensed veterinarian, or pursuant to written recommendations provided by the manufacturer of such vaccines at least five days before any new owner takes possession of the animal. For dogs, the vaccinations required by this subsection shall include at a minimum canine distemper, adenovirus type II parainfluenza, and parvovirus. For cats, the vaccinations required by this subsection shall include at a minimum rhinotracheitis, calicivirus, and panleukopenia. Dealers shall provide the new owner with the dog's or cat's immunization history.
C. A violation of this section is a Class 3 misdemeanor.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.40; Acts 1987, c. 488; Acts 1993, c. 174; Acts 1995, c. 625; Acts 2006, c. 503; § 3.1-796.70.
§ 3.2-6511. Failure of dealer or pet shop to provide adequate care; penalty; report
A. Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter is guilty of a Class 3 misdemeanor. Such animals shall be subject to seizure and impoundment, and upon conviction of such person the animals may be sold, euthanized, or disposed of as provided by § 3.2-6546 for licensed, tagged, or tattooed animals. Such failure is also grounds for revocation of a permit or certificate of registration after public hearing. Any funds that result from such sale shall be used first to pay the costs of the local jurisdiction for the impoundment and disposition of the animals, and any funds remaining shall be paid to the owner, if known. If the owner is not found, the remaining funds shall be paid into the Literary Fund.
B. Each pet shop shall retain records indicating any time a dog or cat in its possession or custody dies or is euthanized.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2022, c. 273.
§ 3.2-6511.1. Pet shops; procurement of dogs; penalty
A. A pet shop shall sell or offer for adoption a dog procured only from a humane society; a private or public animal shelter as those terms are defined in § 3.2-6500; or a person who has not received from the U.S. Department of Agriculture, pursuant to enforcement of the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder, (i) a citation for a direct or critical violation or citations for three or more indirect or noncritical violations for at least two years prior to the procurement of the dog or (ii) two consecutive citations for no access to the facility prior to the procurement of the dog and who has not knowingly obtained the dog directly or indirectly from a person with such citations.
B. It is unlawful for any dealer or commercial dog breeder who is not licensed or exempted from licensure by the U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder to sell any dog to a pet shop.
C. A pet shop shall retain records verifying compliance with this section for a minimum of two years after the disposition of any dog.
D. No person shall serve as an owner, director, officer, manager, operator, member of staff, or animal caregiver of a pet shop if such person has been convicted of a violation of § 3.2-6570.
E. Prior to selling or giving for adoption any dog, a pet shop shall obtain a signed statement from the purchaser or adopter specifying that such person has never been convicted of a violation of § 3.2-6570.
F. Any person violating any provision of subsections A, B, C, or E of this section is guilty of a Class 1 misdemeanor for each dog sold or offered for sale. Any person violating any provision of subsection D of this section is guilty of a Class 1 misdemeanor.
Credits
Acts 2008, c. 852, eff. Jan. 1, 2009. Amended by Acts 2015, c. 679; Acts 2017, c. 399; Acts 2021, Sp. S. I, c. 339, eff. July 1, 2021.
§ 3.2-6511.2. Dealers; importation and sale of dogs; penalty
A. No dealer, commercial dog breeder, or cat breeder shall import for sale, sell, or offer for sale, including sale for experimental purposes, any dog or cat bred by a person who has received from the U.S. Department of Agriculture, pursuant to enforcement of the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder, (i) a citation for a direct or critical violation or citations for three or more indirect or noncritical violations for at least two years prior to the procurement of the dog or cat or (ii) two consecutive citations for no access to the facility prior to the procurement of the dog or cat.
B. No person shall serve as an owner, director, officer, manager, operator, member of staff, or animal caregiver for a dealer, commercial dog breeder, or cat breeder if such person has been convicted of a violation of § 3.2-6570.
C. Any person violating any provision of this section is guilty of a Class 1 misdemeanor for each dog or cat imported, sold, or offered for sale.
D. As used in this section, “dealer,” “commercial dog breeder,” or “cat breeder” includes any person or entity that breeds dogs or cats regulated under federal law as research animals.
Credits
Added by Acts 2020, c. 569. Amended by Acts 2021, Sp. S. I, c. 339, eff. July 1, 2021; Acts 2022, c. 94; Acts 2022, c. 95.
§ 3.2-6512. Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate
It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for any pet dealer to sell a dog or cat within the Commonwealth stating, promising, or representing that the animal is registered or capable of being registered with any animal pedigree registry organization, without providing the consumer with a pet dealer's animal history certificate at the time the consumer takes possession of the dog or cat. The pet dealer's animal history certificate shall be signed by the pet dealer or his agent or employee and shall contain the following information:
1. The animal's breed, sex, age, color, and birth date;
2. The name and address of the person from whom the pet dealer purchased the animal;
3. The breeder's name and address;
4. The name and registration number of the animal's parents;
5. If the animal has been so examined, the date on which the animal has been examined by a licensed veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and
6. A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, and the name and address of the person or licensed veterinarian administering or supervising the vaccinations.
The information contained in the pet dealer's animal history certificate required herein shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless he knows or has reason to know that such information is erroneous.
A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of two years following the date of sale.
A pet shop operating in the Commonwealth shall post in a conspicuous place on or near the cage of any dog or cat available for sale the breeder's name, city, state, and USDA license number. A pet shop or a USDA licensed dealer who advertises any dog or cat for sale in the Commonwealth, including by Internet advertisement, shall provide prior to the time of sale the breeder's name, city, state, and USDA license number.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 448; Acts 2019, c. 566.
§ 3.2-6513. Inclusion of false or misleading statements in certificate violation of Consumer Protection Act
It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a pet dealer to include in the pet dealer's animal history certificate provided for in § 3.2-6512 any false or misleading statement regarding the information to be contained therein.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.49; Acts 1987, c. 488; § 3.1-796.79.
§ 3.2-6513.1. Pet shops; posting of information about dogs
A. Any pet shop that sells dogs shall place a clear and conspicuous sign near the cages in the public sales area stating: “USDA APHIS Inspection Reports Available Prior to Purchase.” The sign shall be no smaller than eight and one-half inches high by 11 inches wide, and the print shall be no smaller than one-half inch.
B. Any pet shop that sells dogs shall maintain for each dog in its possession a written record that includes the following information:
1. The breed, age, and date of birth of the dog, if known;
2. The sex, color, and any identifying markings of the dog;
3. Any additional identifying information, including a tag, tattoo, collar number, or microchip;
4. Documentation of all inoculations, worming treatments, and other medical treatments, if known, including the date of the medical treatment, the diagnosis, and the name and title of the treatment provider;
5. For a dog obtained from a breeder or dealer, (i) the state in which the breeder and, if applicable, the dealer are located; (ii) the U.S. Department of Agriculture license number of the breeder and, if applicable, the dealer; (iii) the final inspection reports for the breeder and, if applicable, the dealer, issued by the U.S. Department of Agriculture from the two years immediately before the date the pet store received the dog; and (iv) the facility where the dog was born and the transporter or carrier of the dog, if any;
6. For a dog obtained from a public animal shelter, the name of the shelter; and
7. For a dog obtained from a private animal shelter or humane society, the name of the shelter or organization and the locality in which it is located.
C. Any pet shop that sells dogs shall maintain a copy of the written record required by subsection B for at least two years after the date of sale of the dog and shall make such record available to the Office of the State Veterinarian upon reasonable notice, to any bona fide prospective purchaser upon request, and to the purchaser at the time of sale. Any such pet shop shall transmit the information required by subdivisions B 5, 6, and 7 to the local animal control officer upon request.
D. Any violation of this section, except for a violation of the requirement of subsection C to make records available to the Office of the State Veterinarian or transmit information to the local animal control officer, shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Credits
Added by Acts 2018, c. 780. Amended by Acts 2020, c. 412.
§ 3.2-6513.2. Rental or lease of dog or cat prohibited; civil penalty
A. As used in this section, “covered person” means any pet shop, commercial dog breeder, pet dealer, firm, or other pet selling business.
B. The rental or leasing of a dog or cat to a Virginia consumer, including by a purported sale of the animal in such a manner as to vest less than full equity in the consumer at the time of the purported sale, is prohibited.
C. No covered person shall offer in Virginia an agreement for the transfer or sale of a dog or cat to the consumer in which the animal is subject to repossession in any manner upon default of the agreement by the consumer.
D. No financial institution, as defined in § 6.2-100, shall offer in Virginia a loan or financing agreement for the rental, lease, or sale of a dog or cat where the animal is subject to repossession upon default under the terms of the financing agreement.
E. Any violation of this section shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). In addition, any covered person that violates any provision of this section may have its business license, retail license, or local pet shop permit issued pursuant to § 3.2-6537 suspended or revoked after a hearing by the issuing authority. The court may also suspend or revoke the retail license of any business found to be in violation of this section.
F. The provisions of this section shall not apply to the temporary rental or lease of any of the following animals, so long as the animal is used in accordance with applicable federal, state, and local animal protection laws:
1. A purebred dog that is rented for the express purpose of breeding pursuant to a written lease that sets out a specific time period, contains a firm end date, and is recorded with a national purebred dog registry;
2. A dog or cat that is used in spectator events, shows, exhibitions, motion pictures, or other entertainment, including animal exhibitions, racing events, field trials, polo matches, rodeo events, or any audiovisual media; or
3. A service dog as defined in § 51.5-40.1, guide or leader dog as defined in § 3.2-6588, security dog, police or law-enforcement dog, military working dog, or certified facility dog as defined in § 18.2-67.9:1.
Credits
Added by Acts 2020, c. 630, eff. Jan. 1, 2021.
§ 3.2-6514. Consumer remedies for receipt of diseased animal upon certification by veterinarian
A. If, at any time within 10 days following receipt of an animal, a licensed veterinarian certifies such animal to be unfit for purchase due to illness, a congenital defect deleterious to the health of the animal, or the presence of symptoms of a contagious or infectious disease other than parvovirus, or if at any time within 14 days following the receipt of an animal a licensed veterinarian certifies such animal to be unfit for purchase due to being infected with parvovirus, the pet dealer shall afford the consumer the right to choose one of the following options:
1. The right to return the animal or, in the case of an animal that has died, to present the veterinary certification, within three business days of certification and receive a refund of the purchase price including sales tax; or
2. The right to return the animal or, in the case of an animal that has died, to present the veterinary certification, within three business days of certification and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer; or
3. In the case of an animal purchased from a pet shop or a USDA licensed dealer, the right to retain the animal and to receive the reimbursement of veterinary fees in an amount up to the purchase price of the animal, including sales tax and the cost of the veterinary certification, incurred up to the time the consumer notifies the pet dealer of the intent to keep the animal. Such notification shall occur within three business days of certification. Veterinary costs incurred by the consumer after such notification shall be the responsibility of the consumer.
B. The refund or reimbursement required by subsection A shall be made by the pet dealer not later than 10 business days following receipt of a signed veterinary certification as provided in § 3.2-6515.
C. Any violation of this section shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 448; Acts 2020, c. 412.
§ 3.2-6515. Written notice of consumer remedies required to be supplied by pet dealers
A A pet dealer shall give the notice hereinafter set forth in writing to a consumer prior to the delivery of a dog or cat. Such notice shall be embodied in a written contract, the pet dealer's animal history certificate, or a separate document and shall state in ten-point boldface type the following:
“NOTICE
The sale of dogs and cats is subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). In the event that a licensed veterinarian certifies your animal to be unfit for purchase within 10 days following receipt of your animal, or within 14 days following receipt if the animal is infected with parvovirus, you may choose: (i) to return your animal, or in the case of an animal that has died, the veterinary certification, and receive a refund of the purchase price including sales tax; or (ii) to return the animal and receive an exchange animal of your choice of equivalent value. In the case of an animal purchased from a pet shop or a USDA licensed dealer, you also may choose to retain the animal and receive reimbursement of the cost of veterinary certification and veterinary fees in an amount up to the purchase price of the animal.
In order to exercise these rights you must present a written veterinary certification that the animal is unfit to the pet dealer within three business days after receiving such certification.
If the pet dealer has promised to register your animal or to provide the papers necessary therefor and fails to do so within 120 days following the date of contract, you are entitled to return the animal and receive a refund of the purchase price or to retain the animal and receive a refund of an amount not to exceed 50 percent of the purchase price.”
B. Any violation of this section shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 448; Acts 2020, c. 412.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.51; Acts 1987, c. 488; § 3.1-796.81.
§ 3.2-6516. Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to sale
A. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1- 196 et seq.) for a pet dealer to state, promise, or represent that a dog or cat is registered or capable of being registered with any animal pedigree registry organization if the pet dealer shall then fail to either effect such registration or provide the consumer with the documents necessary therefor within 120 days following the date of sale of such animal. In the event that a pet dealer fails to effect registration or to provide the necessary documents therefor within 120 days following the date of sale, the consumer shall be entitled to choose one of the following options:
1. To return the animal and to receive a refund of the purchase price plus sales tax; or
2. To retain the animal and to receive a refund of an amount not to exceed 50 percent of the purchase price and sales tax.
B. The veterinary certification and statement required herein shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer and shall contain the following information:
1. The name of the owner;
2. The date or dates of the examination;
3. The breed, color, sex, and age of the animal;
4. A description of the veterinarian's findings;
5. A statement that the veterinarian certifies the animal to be unfit for purchase; and
6. The name and address of the certifying veterinarian and the date of the certification.
C. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for purchase unless the animal is clinically ill due to such condition. An animal may not be found unfit for purchase on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.52; Acts 1987, c. 488; § 3.1-796.82.
§ 3.2-6517. Remedies cumulative
The remedies provided for pursuant to this article are cumulative and not exclusive and shall be in addition to any other remedy provided for by law.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.53; Acts 1987, c. 488; § 3.1-796.83.
§ 3.2-6518. 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 § 3.2-6503.
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 § 3.2-6503, or if the injury is a result of the actions of the boarding establishment or groomer. 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 § 3.2-6500 and required by § 3.2-6503 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 § 3.2- 6569.
D. Violation of this section by a boarding establishment or groomer is a Class 1 misdemeanor.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 174; Acts 1996, c. 249; § 3.1-796.83:1.
§ 3.2-6519. 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 boldfaced type the following:
NOTICE
The boarding of animals is subject to Article 4 (§ 3.2-6518 et seq.) of Chapter 65 of Title 3.2. 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 § 3.2-6503. 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 boldfaced 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 4 (§ 3.2-6518 et seq.) OF CHAPTER 65 OF TITLE 3.2 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 a Class 3 misdemeanor.
D. Any violation of this section shall also constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2020, c. 412.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 174; Acts 1998, c. 817; § 3.1-796.83:2.
§ 3.2-6520. 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 14 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 30 days, the balance shall be paid to the Literary Fund. If no purchaser is found, the animal may be offered for adoption or euthanized.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.45; Acts 1987, c. 488; Acts 1993, c. 174; § 3.1- 796.75.
§ 3.2-6521. Rabies inoculation of companion animals; availability of certificate; rabies clinics
A. The owner or custodian of all dogs and cats four months of age and older shall have such animal currently vaccinated for rabies by a licensed veterinarian or licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises unless otherwise provided by regulations. The supervising veterinarian on the premises shall provide the owner or custodian of the dog or the cat with a rabies vaccination certificate or herd rabies vaccination certificate and shall keep a copy in his own files. The owner or custodian of the dog or the cat shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law-enforcement officer, State Veterinarian's representative, or official of the Department of Health, the certificate of vaccination for such dog or cat. The vaccine used shall be licensed by the U.S. Department of Agriculture for use in that species. At the discretion of the local health director, a medical record from a licensed veterinary establishment reflecting a currently vaccinated status may serve as proof of vaccination.
B. All rabies clinics require the approval by the appropriate local health department and governing body. The licensed veterinarian who administers rabies vaccinations at the clinic shall (i) provide the owner or custodian a rabies vaccination certificate for each vaccinated animal and (ii) ensure that a licensed veterinary facility retains a copy of the rabies vaccination certificate. The sponsoring organization of a rabies clinic shall, upon the request of the owner or custodian, an animal control officer, a humane investigator, a law-enforcement officer, a State Veterinarian's representative, a licensed veterinarian, or an official of the Department of Health, provide the name and contact information of the licensed veterinary facility where a copy of the rabies vaccination certificate is retained. However, the county or city shall ensure that a clinic is conducted to serve its jurisdiction at least once every two years.
C. Vaccination subsequent to a summons to appear before a court for failure to do so shall not operate to relieve such owner from the penalties or court costs provided under § 16.1-69.48:1 or 17.1-275.7.
D. The Board of Health shall, by regulation, provide an exemption to the requirements of subsection A if an animal suffers from an underlying medical condition that is likely to result in a life-threatening condition in response to vaccination and such exemption would not risk public health and safety. For the purposes of § 3.2-6522, such exemption shall mean that the animal is considered not currently vaccinated for rabies. For the purposes of §§ 3.2-5902, 3.2-6526, and 3.2-6527, such exemption shall be considered in place of a current certificate of vaccination.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2009, c. 756; Acts 2010, c. 182; Acts 2010, c. 834; Acts 2013, c. 286.
A. When there is sufficient reason to believe that the risk of exposure to rabies is elevated, the governing body of any locality may enact, and the local health director may recommend, an emergency ordinance that shall become effective immediately upon passage, requiring owners of all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by a rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed 30 days unless renewed by the governing body of such locality in consultation with the local health director. The governing body of any locality shall also have the power and authority to pass ordinances restricting the running at large in their respective jurisdiction of dogs and cats that have not been inoculated or vaccinated against rabies and to provide penalties for the violation thereof.
B. Any dog or cat showing active signs of rabies or suspected of having rabies that is not known to have exposed a person, companion animal, or livestock to rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. The person confining such dog or cat shall allow the local health director or his designee access to the animal during such confinement. If, in the discretion of the local health director, confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in § 3.2-6546. The disposition of other animals showing active signs of rabies shall be determined by the local health director and may include euthanasia and testing.
C. Every person having knowledge of the existence of an animal that is suspected to be rabid and that may have exposed a person, companion animal, or livestock to rabies shall report immediately to the local health department the existence of such animal, the place where seen, the owner's name, if known, and the signs suggesting rabies.
D. Any dog or cat for which no proof of current rabies vaccination is available and that may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid shall be isolated in a public animal shelter, kennel, or enclosure approved by the local health department for a period not to exceed six months at the expense of the owner or custodian in a manner and by a date certain as determined by the local health director. A rabies vaccination shall be administered by a licensed veterinarian prior to release. Inactivated rabies vaccine may be administered at the beginning of isolation. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of current vaccination, shall be revaccinated by a licensed veterinarian immediately following the exposure and shall be confined to the premises of the owner or custodian, or other site as may be approved by the local health department at the expense of the owner or custodian, for a period of 45 days. If the local health director determines that isolation is not feasible or maintained, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in § 3.2-6546. The disposition of such dogs or cats not so confined shall be at the discretion of the local health director. The local health director or his designee shall be granted access to any dog or cat during such isolation or confinement pursuant to this subsection.
E. At the discretion of the local health director, any animal that may have exposed a person shall be confined under competent observation for 10 days at the expense of the owner or custodian, unless the animal develops active signs of rabies, expires, or is euthanized before that time. The person confining the animal shall allow the local health director or his designee access to the animal during such confinement. A seriously injured or sick animal may be euthanized as provided in § 3.2-6546. When determining whether a dog that has bitten a person shall be so confined, the health director shall weigh any proof that the dog has current certificates for both (i) rabies vaccination and (ii) special training for police work, military work, or work as a first responder.
F. When any suspected rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, decisions regarding the disposition of that animal shall be at the discretion of a local health director and may include euthanasia as provided in § 3.2-6546, or as directed by the state agency with jurisdiction over that species. When any animal, other than a dog or cat, is exposed or may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, decisions regarding the disposition of that newly exposed animal shall be at the discretion of a local health director. The local health director or his designee shall be granted access to any animal, other than a dog or cat, during any isolation or confinement of that animal, as may be directed by the local health director.
G. When any animal may have exposed a person to rabies and subsequently expires due to illness or euthanasia, either within an observation period, where applicable, or as part of a public health investigation, its head or brain shall be sent to the Division of Consolidated Laboratory Services of the Department of General Services or be tested as directed by the local health department.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 834; Acts 2014, c. 148; Acts 2018, c. 93; Acts 2023, c. 121.
§ 3.2-6523. Inoculation for rabies at animal shelters
Dogs and cats being adopted from a public or private animal shelter during the period an emergency ordinance is in force, as provided for in § 3.2-6522, may be inoculated for rabies by a certified animal technician at such shelter if the certified animal technician is under the immediate and direct supervision of a licensed veterinarian.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6524. Unlicensed dogs prohibited; ordinances for licensing cats
A. It shall be unlawful for any person other than a releasing agency that has registered as such annually with local animal control to own a dog four months old or older in the Commonwealth unless such dog is licensed, as required by the provisions of this article.
B. The governing body of any locality may, by ordinance, prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.55; Acts 1987, c. 488; Acts 1988, c. 538; Acts 1993, c. 817; Acts 2007, c. 640; § 3.1-796.85.
§ 3.2-6525. Regulations to prevent spread of rabies
A. The governing body of any locality may adopt such ordinances, regulations or other measures as may be deemed reasonably necessary to prevent the spread within its boundaries of the disease of rabies. Penalties may be provided for the violation of any such ordinances. If the ordinance declares the existence of an emergency, then the ordinance shall be in force upon passage.
B. The governing body of any locality may adopt an ordinance creating a program for the distribution of oral rabies vaccine within its boundaries to prevent the spread of rabies. An ordinance enacted pursuant to this subsection on or after July 1, 2010, shall be developed in consultation with the Department of Health and with written authorization from the Department of Wildlife Resources in accordance with § 29.1-508.1 and shall contain the following provisions:
1. Notice shall be given to the owner or occupant of property prior to the entry upon the property for the purpose of the distribution of oral rabies vaccine or the use of any other methods to place oral rabies vaccine on the property. Notice shall be given by: (i) sending two letters by first-class mail, at successive intervals of not less than two weeks set forth in the ordinance; and (ii) printing a copy thereof, at least once, in a newspaper of general circulation in the locality concerned. Written notice shall be in a form approved by the governing body and shall include a description of the purpose for which entry upon the property is to be made, the time and method of rabies vaccine distribution at the property, and the submission deadline for requests by any owner or occupant of property who wishes to be excluded from the oral rabies vaccine distribution program.
2. The owner or occupant of property may refuse to allow the distribution of oral rabies vaccine upon such property. The ordinance shall establish procedures to be followed by any owner or occupant who wishes to be excluded from the oral rabies vaccine distribution program, including the time and method by which requests for nonparticipation must be received. If the governing body receives a request for nonparticipation by the owner or occupant of property for the distribution of oral rabies vaccine, no further action shall be taken to distribute oral vaccine, on such property for a period of one year.
Nothing in this subsection shall be construed to limit any authority for the distribution of oral rabies vaccine otherwise provided by law.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 834; Acts 2020, c. 958.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.69; Acts 1987, c. 488; Acts 2001, c. 674; § 3.1-796.100.
§ 3.2-6526. What dog or cat license shall consist of
A. A dog or cat license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license and bear a serial number or other identifying information prescribed by the locality.
B. No license tag shall be issued for any dog or cat unless there is presented, to the treasurer or other officer of the locality, or other agent charged by law with the duty of issuing license tags for dogs and cats, satisfactory evidence that such dog or cat has been inoculated or vaccinated against rabies by a currently licensed veterinarian or currently licensed veterinary technician who was under the immediate and direct supervision of a licensed veterinarian on the premises.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.60; Acts 1984, c. 492, § 29-213.67; Acts 1987, c. 488; Acts 1993, c. 817; Acts 1996, c. 351; Acts 2006, c. 836; §§ 3.1-796.90 and 3.1-796.97.
§ 3.2-6527. How to obtain license
Any person may obtain a dog license or cat license if required by an ordinance adopted pursuant to subsection B of § 3.2-6524, by making oral or written application to the treasurer of the locality where such person resides, accompanied by the amount of license tax and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained. The treasurer or other officer charged with the duty of issuing dog and cat licenses shall only have authority to license dogs and cats of resident owners or custodians who reside within the boundary limits of his county or city and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this article or satisfactory evidence that such certificate has been obtained, the treasurer or other officer charged with the duty of issuing dog and cat licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the years for which issued, the serial number of the tag, whether dog or cat, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for in § 3.2-6526. The information thus received shall be retained by the treasurer, open to public inspection, during the period for which such license is valid. The treasurer may establish substations in convenient locations in the county or city and appoint agents for the collection of the license tax and issuance of such licenses.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2017, c. 559; Acts 2017, c. 567.
§ 3.2-6528. Amount of license tax
The governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs within its jurisdiction. The governing body of any locality that has adopted an ordinance pursuant to subsection B of § 3.2-6524 shall impose by ordinance a license tax on the ownership of cats within its jurisdiction. The governing body may establish different rates of taxation for ownership of female dogs, male dogs, spayed or neutered dogs, female cats, male cats, and spayed or neutered cats. The tax for each dog or cat shall not be more than $10 for each year or $50 for a lifetime license issued pursuant to subsection B of § 3.2-6530. If the dog or cat has been spayed, the tax shall not exceed the tax provided for a male dog or cat. Any ordinance may provide for an annual license tax for kennels of 10, 20, 30, 40, or 50 dogs or cats not to exceed $50 for any one such block of kennels.
No license tax shall be levied on any dog that is trained and serves as (i) a guide dog for a blind person, (ii) a hearing dog for a person who is deaf or hard of hearing, or (iii) a service dog for a mobility-impaired or otherwise disabled person.
As used in this section, “hearing dog,” “mobility-impaired person,” “otherwise disabled person,” and “service dog” have the same meanings as assigned in § 51.5-40.1.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 616; Acts 2017, c. 559; Acts 2017, c. 567; Acts 2019, c. 288.
§ 3.2-6529. Veterinarians to provide treasurer with rabies certificate information; civil penalty
A. Each veterinarian who vaccinates a dog against rabies or directs a veterinary technician in his employ to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination certificate. The veterinarian shall forward within 45 days a copy of the rabies vaccination certificate or the relevant information contained in such certificate to the treasurer of the locality where the vaccination occurs.
The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal owner's name and address, the species of the animal, the sex, the age, the color, the primary breed, whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies vaccination certificate shall indicate the locality where the animal resides.
B. It shall be the responsibility of the owner of each vaccinated animal that is not already licensed to apply for a license for the vaccinated dog. Beginning January 1, 2008, if the treasurer determines, from review of the rabies vaccination information provided by veterinarians, that the owner of an unlicensed dog has failed to apply for a license within 90 days of the date of vaccination, the treasurer shall transmit an application to the owner and request the owner to submit a completed application and pay the appropriate fee. Upon receipt of the completed application and payment of the license fee, the treasurer or other agent charged with the duty of issuing the dog licenses shall issue a license receipt and a permanent tag. The treasurer shall retain only the information that is required to be collected and open to public inspection pursuant to the provisions of this Chapter and shall forthwith destroy any rabies vaccination certificate or other similar record transmitted by a veterinarian to a treasurer pursuant to this section.
The treasurer shall remit any rabies vaccination certificate received for any animal owned by an individual residing in another locality to the local treasurer for the appropriate locality.
Any veterinarian that willfully fails to provide the treasurer of any locality with a copy of the rabies vaccination certificate or the information contained in such certificate may be subject to a civil penalty not to exceed $10 per certificate. Monies raised pursuant to this subsection shall be placed in the locality's general fund for the purpose of animal control activities including spay or neuter programs.
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 16.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 2006, c. 836; Acts 2007, c. 270; § 3.1-796.87:1.
§ 3.2-6530. When license tax payable
A. The license tax as prescribed in § 3.2-6528 is due not later than 30 days after a dog or cat has reached the age of four months, or not later than 30 days after an owner acquires a dog or cat four months of age or older, and each year thereafter.
Licensing periods for individual dogs and cats may be equal to and may run concurrently with the rabies vaccination effective period.
B. The governing body of a county or city may by ordinance provide for a lifetime dog or cat license. Such a license shall be valid only as long as the animal's owner resides in the issuing locality and the animal's rabies vaccination is kept current.
C. Any kennel license tax prescribed pursuant to § 3.2-6528 shall be due on January 1 and not later than January 31 of each year.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2017, c. 559; Acts 2017, c. 567.
§ 3.2-6531. Displaying receipts; dogs to wear tags
Dog and cat license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed dog four months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collar and license tag required by this section when: (i) the dog is engaged in lawful hunting; (ii) the dog is competing in a dog show; (iii) the dog has a skin condition that would be exacerbated by the wearing of a collar; (iv) the dog is confined; or (v) the dog is under the immediate control of its owner.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.62; Acts 1987, c. 488; Acts 1990, c. 365; Acts 1993, c. 817; Acts 1998, c. 817; § 3.1-796.92.
§ 3.2-6532. Duplicate license tags
If a dog or cat license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer or his agent that the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag that the owner or custodian shall immediately affix to the collar of the dog. The treasurer or his agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall not exceed $1.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2017, c. 559; Acts 2017, c. 567.
§ 3.2-6533. Effect of dog or cat not wearing a license tag as evidence
Any dog or cat not wearing a collar bearing a valid license tag shall prima facie be deemed to be unlicensed, and in any proceedings under this chapter the burden of proof of the fact that such dog or cat has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog or cat.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.59; Acts 1987, c. 488; Acts 1993, c. 817; Acts 2006, c. 836; § 3.1-796.89.
§ 3.2-6534. Disposition of funds
Unless otherwise provided by ordinance of the local governing body, the treasurer of each locality shall keep all moneys collected by him for dog and cat license taxes in a separate account from all other funds collected by him. The locality shall use the funds for the following purposes:
1. The salary and expenses of the animal control officer and necessary staff;
2. The care and maintenance of a public animal shelter;
3. The maintenance of a rabies control program;
4. Payments as a bounty to any person neutering or spaying a dog up to the amount of one year of the license tax as provided by ordinance;
5. Payments for compensation as provided in § 3.2-6553; and
6. Efforts to promote sterilization of dogs and cats.
Any part or all of any surplus remaining in such account on December 31 of any year may be transferred by the governing body of such locality into the general fund of such locality.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6535. Supplemental funds
Localities may supplement the dog and cat license tax fund with other funds as they consider appropriate. Localities shall supplement the dog and cat license tax fund to the extent necessary to provide for the salary and expenses of the animal control officer and staff and the care and maintenance of a public animal shelter as provided in subdivisions 1 and 2 of § 3.2-6534.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6536. Payment of license tax subsequent to summons
Payment of the license tax subsequent to a summons to appear before a court for failure to pay the license tax within the time required shall not operate to relieve such owner from the penalties or court costs provided under § 16.1-69.48:1 or 17.1-275.7.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2009, c. 756.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.72; Acts 1987, c. 488; § 3.1-796.103.
§ 3.2-6537. Ordinances; penalties
The governing body of any locality may, by ordinance, require a person operating a pet shop or operating as a dealer in companion animals to obtain a permit. Such local governing body may charge no more than $50 per year for such permit. The revenues derived therefrom shall be used for the administration and enforcement of such ordinance.
The aforementioned ordinance may provide: (i) that records be kept by the permittees as are deemed necessary; (ii) for public hearing prior to issuance, renewal or revocation of any such permit; or (iii) for the denial of issuance, denial of renewal or for the revocation of such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee.
The ordinance may provide for either a criminal penalty not to exceed a Class 3 misdemeanor or a civil penalty not to exceed $500 for any violation of the ordinance. Any civil penalties collected shall be deposited by the local treasurer pursuant to § 3.2-6534.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.54; Acts 1987, c. 488; Acts 2005, c. 307; § 3.1- 796.84.
§ 3.2-6537.1. Cash bond for a pet shop obtaining certain dogs
A. The governing body of any locality may, by ordinance, require any pet shop offering for sale dogs procured from outside of the Commonwealth to furnish a cash bond, cash equivalent bond, or acceptable letter of credit of not less than $5,000 for a pet shop maintaining for sale an average of 50 or fewer dogs per year and not more than $30,000 for a pet shop maintaining for sale an average of 51 or more dogs per year. A locality may reduce or waive such bond requirement at its discretion.
B. A locality may terminate the bond requirement for a pet shop if such pet shop has operated without interruption for 10 years and the locality has not, during that period, called in whole or in part the cash bond, cash equivalent bond, or acceptable letter of credit.
C. If a pet shop ceases business operations, the locality shall have the right to call any bond provided by the pet shop and utilize the resulting funds as reasonably necessary to protect the welfare of the animals or fish from the bonding pet shop.
Credits
Added by Acts 2018, c. 272.
§ 3.2-6538. Governing body of any locality may prohibit dogs from running at large; civil penalty
Any locality may by ordinance prohibit the running at large of all or any category of dogs, except dogs used for hunting, in all or any designated portion of such locality during such months as it may designate. Any such locality may also require that dogs be confined, restricted, or penned up during such periods. For the purpose of this section, a dog shall be deemed to run at large while roaming or running off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at large or remain unconfined, unrestricted, or not penned up shall be deemed to have violated an ordinance adopted pursuant to the provisions of this section. Such ordinance shall provide that the owner or custodian of any dog found running at large in a pack shall be subject to a civil penalty in an amount established by the locality not to exceed $100 per dog so found. For the purpose of such ordinance, a dog shall be deemed to be running at large in a pack if it is running at large in the company of one or more other dogs that are also running at large. Any civil penalty collected pursuant to such ordinance shall be deposited by the treasurer of the locality pursuant to the provisions of § 3.2-6534.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2019, c. 562.
§ 3.2-6539. Ordinance requiring dogs to be kept on leash
The governing body of any locality may adopt ordinances requiring that dogs within any such locality be kept on a leash or otherwise restrained and may, by resolution directed to the circuit court, request the court to order a referendum as to whether any such ordinance so adopted shall become effective. Such referendum shall be held and conducted, and the results thereof ascertained and certified in accordance with § 24.2-684. The court shall require the governing body to give appropriate notice of the time, place and subject matter of such referendum.
The results of the referendum shall not be binding upon the governing body of the locality but may be used in ascertaining the sense of the voters.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.65; Acts 1987, c. 488; § 3.1-796.95.
§ 3.2-6540. Dangerous dogs; investigation, summons, and hearing
A. As used in this section, “dog” includes a hybrid canine as defined in § 3.2-6581.
B. Any law-enforcement officer or animal control officer who (i) has reason to believe that an animal is a dangerous dog and (ii) is located in the jurisdiction where the animal resides or in the jurisdiction where the act was committed may apply to a magistrate for the issuance of a summons requiring the owner, 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.
C. No law-enforcement officer or animal control officer shall apply for a summons pursuant to subsection B if, upon investigation, the officer finds (i) in the case of an injury to a companion animal that is a dog or cat, that no serious injury has occurred as a result of the attack or bite, that both animals are owned by the same person, or that the incident originated on the property of the attacking or biting dog's owner or (ii) in the case of an injury to a person, that the injury caused by the dog upon the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. In determining whether serious injury to a companion animal that is a dog or cat has occurred, the officer may consult with a licensed veterinarian.
D. A law-enforcement officer or animal control officer who applies for a summons pursuant to subsection B shall provide the owner with written notice of such application. For 30 days following such provision of written notice, the owner shall not dispose of the animal other than by surrender to the animal control officer or by euthanasia by a licensed veterinarian. Following such provision of written notice, an owner who elects to euthanize a dog that is the subject of a dangerous dog investigation shall provide documentation of such euthanasia to the animal control officer.
E. If a law-enforcement officer successfully makes an application for the issuance of a summons pursuant to subsection B, he shall contact the local 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.
F. Following the issuance of a summons following an application pursuant to subsection B, an animal control officer may confine the animal until the evidence is heard and a verdict rendered. If the animal control officer determines that the owner can confine the animal in a manner that protects the public safety, he may permit the owner to confine the animal until the evidence is heard and a verdict rendered. Upon being served with a summons for a dangerous dog, the owner shall not dispose of the animal, other than by euthanasia, until the case has been adjudicated. The court, through its contempt powers, may compel the owner of the animal to produce the animal and to provide documentation that it has been, or will be within three business days, implanted with electronic identification registered to the owner. The owner shall provide the registration information to the animal control officer.
G. Nothing in this section shall prohibit an animal control officer or law-enforcement officer from securing a summons for a hearing to determine whether a dog that is surrendered but not euthanized is a dangerous dog.
H. Unless good cause is determined by the court, the evidentiary hearing pursuant to the dangerous dog summons shall be held not more than 30 days from the issuance of the summons. 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. The court shall determine that the animal is a dangerous dog if the evidence shows that it (i) killed a companion animal that is a dog or cat or inflicted serious injury on a companion animal that is a dog or cat, including a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain or (ii) directly caused serious injury to a person, including laceration, broken bone, or substantial puncture of skin by teeth. Unless good cause is determined by the court, the appeal of a dangerous dog finding shall be heard within 30 days.
I. If after hearing the evidence the court finds that the animal is a dangerous dog, the court:
1. Shall order the animal's owner to comply with the provisions of this section and §§ 3.2-6540.01, 3.2-6542, and 3.2-6542.1;
2. May order the owner of the animal to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. Such order shall not preclude the injured person from pursuing civil remedies, including damages that accrue after the original finding that the animal is a dangerous dog; and
3. May order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner.
J. If after hearing the evidence the court decides to defer further proceedings without entering an adjudication that the animal is a dangerous dog, it may do so, notwithstanding any other provision of this section. A court that defers further proceedings shall place specific conditions upon the owner of the dog, including the requirement that the owner provide documentation that the dog has been, or will be within three business days, implanted with electronic identification registered to the owner. The registration information shall be provided to the animal control officer. If the owner violates any of the conditions, the court may enter an adjudication that the animal is a dangerous dog and proceed as otherwise provided in this section. Upon fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner without an adjudication that the animal is a dangerous dog.
K. No animal shall be found by the court to be a dangerous dog:
1. Solely because it is a particular breed;
2. 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; (ii) committing at the time a willful trespass upon the premises occupied by the animal's owner; 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;
3. If the animal is a police dog that was engaged in the performance of its duties as such at the time of the act complained of;
4. If at the time of the acts complained of the animal was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner's property;
5. As a result of killing or inflicting serious injury on a dog or cat while engaged with its owner as part of lawful hunting or participating in an organized, lawful dog handling event; or
6. If the court determines based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community.
L. 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 section and §§ 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2-6540.04, 3.2-6542, and 3.2-6542.1.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 360; Acts 2008, c. 551; Acts 2008, c. 691. Amended by Acts 2009, c. 377; Acts 2012, c. 107; Acts 2012, c. 236; Acts 2013, c. 58; Acts 2013, c. 732; Acts 2017, c. 396; Acts 2019, c. 190; Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6540.01. Obligations of officer and owner following dangerous dog finding
A. After an animal is found to be a dangerous dog pursuant to § 3.2-6540, the local animal control officer or treasurer shall provide the owner with a uniformly designed tag that 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.
B. Within 30 days of the finding that an animal is a dangerous dog pursuant to § 3.2-6540, the owner shall:
1. Provide documentation that the animal has been neutered or spayed;
2. Provide documentation that the animal has been implanted with electronic identification registered to the owner. The registration information shall be provided to the animal control officer;
3. Present satisfactory evidence to the animal control officer of liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety to the value of at least $100,000 in lieu of liability insurance;
4. Pay to the local governing body a fee of $150 and under the direction of the animal control officer complete a dangerous dog registration certificate issued by the Department pursuant to § 3.2-6542. No dangerous dog registration certificate required to be obtained under this section shall be issued to any person younger than 18 years of age; and
5. Post the residence where the animal is housed with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property. Such signs shall remain posted at all points of entry to the home and yard as long as the animal remains on the property.
C. Any dangerous dog not confined inside a locked enclosure constructed pursuant to subsection D shall be (i) confined inside the owner's residence or (ii) if outdoors, controlled by a physical leash employed by the responsible adult owner and securely muzzled in a manner that does not cause injury to the animal or interfere with the animal's vision or respiration but prevents it from biting a person or another animal.
D. Any owner of a dangerous dog who keeps the dog outdoors and not within the immediate physical presence of its owner shall, within 30 days of the finding that an animal is a dangerous dog, cause to be constructed a secure, locked enclosure of sufficient height and design to prevent escape by the animal or entry by or direct physical contact with any person or other animal. While so confined within the structure, the animal shall be provided for according to § 3.2-6503.
E. The owner of a dog found to be dangerous shall cause the local animal control officer to be promptly notified of (i) any change in the manner of locating the owner or the dog at any time; (ii) any transfer of ownership of the dog to a new owner, including the name and address of the new owner; (iii) any instance in which the animal is loose or unconfined; (iv) any complaint or incident of attack or bite by the dog upon any person or cat or dog; (v) any claim made or lawsuit brought as a result of any attack; and (vi) the escape, loss, or death of the dog.
F. Unless for good cause shown, the owner of a dangerous dog shall notify the animal control officer at least 10 days prior to moving or relocating the animal and the officer shall update the dangerous dog registry accordingly.
G. Any dangerous dog not reclaimed by the owner from the animal control officer within 10 days of notice to do so by such animal control officer shall be considered abandoned and may be disposed of according to the provisions of § 3.2-6546.
H. Any contract or agreement for the use of real property, including a recorded restrictive covenant, condominium instrument of a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), declaration of a common interest community as defined in § 54.1-2345, or cooperative instrument of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), may prohibit the keeping of a dangerous dog or otherwise impose conditions that are more restrictive than those provided in subsection B.
I. The owner of a dog found to be dangerous shall maintain the liability insurance coverage or bond in surety required by subdivision B 3 as long as he owns the dangerous dog and shall submit a certificate of insurance or evidence of such bond to the animal control officer on an annual basis.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6540.02. Notice of dangerous dog finding; penalty
A. Any releasing agency transferring or releasing for adoption within the Commonwealth an animal found to be a dangerous dog pursuant to § 3.2-6540 shall notify in writing the receiving party of the requirements of this section and §§ 3.2-6540, 3.2-6540.01, 3.2-6540.03, and 3.2-6540.04.
B. Any releasing agency transferring or releasing for adoption outside the Commonwealth an animal found to be a dangerous dog pursuant to § 3.2-6540 shall notify the appropriate animal control officer in the receiving jurisdiction that the animal has been so adjudicated.
C. Any owner of an animal found to be a dangerous dog in another state shall, upon bringing such animal to reside within the Commonwealth, notify the animal control officer of the jurisdiction in which the owner resides that the animal has been so adjudicated.
D. Any owner who disposes by surrender to a releasing agency, gift, sale, transfer, or trade of an animal found to be a dangerous dog pursuant to § 3.2-6540 shall notify the receiver in writing that the animal has been so adjudicated. A violation of this subsection is a Class 3 misdemeanor.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6540.03. Violation of law by owner of dangerous dog; penalty
A. If an owner of an animal previously found to be a dangerous dog pursuant to § 3.2-6540 is charged with a violation of § 3.2-6540, 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered pursuant to § 3.2-6540. Unless good cause is determined by the court, such evidentiary hearing shall be held within 30 days of the issuance of the summons. The court, through its contempt powers, may compel the owner of the animal to produce the animal.
B. Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562 or (ii) grant the owner up to 30 days to comply with the requirements of § 3.2-6540.01, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562. The court may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner.
C. Any owner of a dangerous dog who is charged with a violation pursuant to subsection A and is found to have willfully failed to comply with the requirements of § 3.2-6540, 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04 is guilty of a Class 1 misdemeanor. The court may determine that a person convicted under this subsection shall be prohibited from owning, possessing, or residing on the same property with a dog.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6540.04. Subsequent attack or bite by dangerous dog; penalty
A. Any owner of an animal found to be a dangerous dog pursuant to § 3.2-6540, when such finding arose out of a separate and distinct incident, is guilty of a:
1. Class 2 misdemeanor if such dog attacks and injures or kills a cat or dog that is a companion animal belonging to another person; or
2. Class 1 misdemeanor if such dog bites a human being or attacks a human being causing bodily injury.
B. The provisions of subsection A shall not apply to any animal that at the time of the act complained of was responding to pain or injury, was protecting itself, its kennel, its offspring, a person, or its owner's property, or was a police dog engaged in the performance of its duties at the time of the attack.
C. The court may determine that a person convicted under this section shall be prohibited from owning, possessing, or residing on the same property with a dog.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6540.1. Vicious dogs; penalties
A. As used in this section:
“Serious injury” means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.
“Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.
B. Any law-enforcement officer or animal control officer who (i) has reason to believe that a canine or canine crossbreed is a vicious dog and (ii) is located in the jurisdiction where the vicious dog resides or in the jurisdiction where a vicious dog committed an act set forth in the definition shall apply to a magistrate serving the jurisdiction 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 local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his 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. Unless good cause is determined by the court, the evidentiary hearing shall be held not more than 30 days from the issuance of the summons. 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 § 3.2-6562. The court, upon finding the animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or to the estate of any person killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such vicious dog from the time the animal is taken into custody until such time as the animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. 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.
C. No canine or canine crossbreed shall be found to be a 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 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. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a vicious dog. 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 vicious dog.
D. Any owner or custodian of a canine or canine crossbreed or other animal whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious injury to any person is guilty of a Class 6 felony. The provisions of this subsection shall not apply to any 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, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.
E. The governing body of any locality may enact an ordinance parallel to this statute regulating vicious dogs. No locality may impose a felony penalty for violation of such ordinances.
Credits
Added by Acts 2013, c. 58; Acts 2013, c. 732. Amended by Acts 2022, c. 614.
§ 3.2-6541. Authority to prohibit training of attack dogs
Fairfax County may enact an ordinance that prohibits persons from training dogs on residential property to attack. As used in this section, "attack" means to attack or respond aggressively, either with or without command. Any such ordinance shall exempt from its provisions the training of dogs owned by any person who resides on the property.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1999, c. 848; § 3.1-796.93:2.
§ 3.2-6541.1. Authority to prohibit ownership of particular breed
No locality shall prohibit the ownership of a particular breed of dog.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6542. Establishment of Dangerous Dog Registry
A. The Commissioner shall establish the Virginia Dangerous Dog Registry to be maintained by the Department. The State Veterinarian shall maintain information provided and posted by animal control officers or other such officials statewide on a website. All information collected for the Dangerous Dog Registry shall be available to animal control officers via the website. The website list shall be known as the Virginia Dangerous Dog Registry.
B. Registration information shall include the name of the animal, a photograph, sex, age, weight, primary breed, secondary breed, color and markings, whether spayed or neutered, the acts that resulted in the dog being designated as dangerous and associated trial docket information, microchip or tattoo number, address where the animal is maintained, name of the owner, address of the owner, telephone numbers of the owner, and a statement that the owner has complied with the provisions of the dangerous dog order. The address of the owner along with the name and breed of the dangerous dog, the acts that resulted in the dog being found dangerous, and information necessary to access court records of the adjudication shall be available to the general public. If the dangerous dog is moved to a different location or contact information for the owner changes in any way at any time, the owner shall submit a renewal containing the address of the new location or other updated information within 10 days of such move or change to an animal control officer or other such official for the new location. There shall be no charge for any updated information provided between renewals.
C. Each county or city shall submit to the State Veterinarian by January 31 of each year $90 for each dangerous dog it initially registered and $25 for each dangerous dog for which it renewed registration within the previous calendar year. Any funds collected pursuant to this section shall be used by the State Veterinarian to maintain the registry and website.
D. Actions of the Department relating to the establishment, operation, and maintenance of the Virginia Dangerous Dog Registry under this section or § 3.2-6542.1 shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
E. Copies of all records, documents, and other papers pertaining to the Dangerous Dog Registry that are duly certified and authenticated in writing on the face of such documents to be true copies by the State Veterinarian or the Dangerous Dog Registry administrator shall be received as evidence with like effect as the original records, documents, or other papers in all courts of the Commonwealth.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2009, c. 354; Acts 2012, c. 107; Acts 2012, c. 236; Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6542.1. Renewal of dangerous dog registration
A. By January 31 of each year, until the animal is deceased, the owner of an animal found to be a dangerous dog pursuant to § 3.2-6540 shall update and renew the dangerous dog registration certificate obtained pursuant to § 3.2-6540.01 for a fee of $85 in the same manner as the initial certificate was obtained. However, if the dangerous dog adjudication occurred within 60 days of the end of the calendar year, the first renewal shall be included in the initial registration at no additional charge to the owner.
B. Prior to the renewal date of a dangerous dog registration each year, a local animal control officer shall conduct an inspection of the dangerous dog and the premises on which it is kept, and no certificate of renewal shall be issued without such inspection. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry established by § 3.2-6542.
C. No dangerous dog registration certificate required to be obtained under this section shall be issued to any person who is younger than 18 years of age or who fails to present satisfactory evidence of (i) compliance with the provisions of §§ 3.2-6540, 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, and 3.2-6540.04; (ii) the animal's current rabies vaccination, if applicable; and (iii) a current county or city dog license, as appropriate.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6542.2. Dangerous dog fees; local fund
All fees collected by a locality pursuant to § 3.2-6540, 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2-6540.04, 3.2-6542, or 3.2-6542.1, less the costs incurred by the animal control officer in producing and distributing any certificate or tag required by such section and any fees due to the Department for maintenance of the Virginia Dangerous Dog Registry established by § 3.2-6542, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2-6556.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6543. Governing body of any locality may adopt certain ordinances
A. The governing body of any locality of the Commonwealth may adopt, and make more stringent, ordinances that parallel §§ 3.2-6521 through 3.2-6539, 3.2-6546 through 3.2-6555, 3.2-6562, 3.2-6569, 3.2-6570, 3.2-6574 through 3.2-6580, and 3.2-6585 through 3.2-6590. Any town may choose to adopt by reference any ordinance of the surrounding county adopted under this section to be applied within its town limits, in lieu of adopting an ordinance of its own.
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.
B. Any locality may, by ordinance, establish uniform schedules of civil penalties for violations of specific provisions of ordinances adopted pursuant to this section. Civil penalties may not be imposed for violations of ordinances that parallel § 3.2-6570. 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 locality 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.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2009, c. 107, eff. Feb. 25, 2009.
Derivation:
Acts 1976, c. 182, § 15.1-29.1:1; Acts 1984, c. 492, § 29-213.64; Acts 1987, c. 488; Acts 1993, c. 959; Acts 1993, c. 959; Acts 1994, c. 115; Acts 1994, c. 630; Acts 1995, c. 832; Acts 1997, c. 587; Acts 1998, c. 817; Acts 2005, c. 304; § 3.1-796.94.
§ 3.2-6543.1. Authority to enact parallel dangerous dog ordinance
The governing body of any locality may enact an ordinance regulating dangerous dogs that is parallel to § 3.2-6540, 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, or 3.2-6540.04. No locality shall impose a felony penalty for violation of such ordinance.
Credits
Added by Acts 2021, Sp. S. I, c. 464, eff. July 1, 2021.
§ 3.2-6544. Regulation of keeping of animals and fowl
A. Any locality may, 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 locality 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.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1997, c. 411; Acts 1997, c. 587; Acts 1999, c. 663; § 3.1-796.94:1.
§ 3.2-6545. Regulation of sale of animals procured from animal shelters
Any locality that maintains or supports, in whole or in part, a public or private animal shelter may by ordinance provide that no person who acquires an animal from such shelter shall be able to sell the animal within a period of six months from the time the animal is acquired from the shelter. Violation of the ordinance is a Class 1 misdemeanor.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6546. County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief
A. For purposes of this section:
“Animal” shall not include agricultural animals.
“Rightful owner” means a person with a right of property in the animal.
B. The governing body of each county or city shall maintain or cause to be maintained a public animal shelter and shall require dogs running at large without the tag required by § 3.2-6531 or in violation of an ordinance passed pursuant to § 3.2-6538 to be confined therein. Nothing in this section shall be construed to prohibit confinement of other companion animals in such a shelter. The governing body of any county or city need not own the facility required by this section but may contract for its establishment with a private group or in conjunction with one or more other local governing bodies. The governing body shall require that:
1. The public animal shelter shall be accessible to the public at reasonable hours during the week;
2. The public animal shelter shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and each shelter shall update such statement as changes occur;
3. If a person contacts the public animal shelter inquiring about a lost companion animal, the shelter shall advise the person if the companion animal is confined at the shelter or if a companion animal of similar description is confined at the shelter;
4. The public animal shelter shall maintain a written record of the information on each companion animal submitted to the shelter by a private animal shelter in accordance with subsection D of § 3.2-6548 for a period of 30 days from the date the information is received by the shelter. If a person contacts the shelter inquiring about a lost companion animal, the shelter shall check its records and make available to such person any information submitted by a private animal shelter or allow such person inquiring about a lost animal to view the written records;
5. The public animal shelter shall maintain a written record of the information on each companion animal submitted to the shelter by a releasing agency other than a public or private animal shelter in accordance with subdivision F 2 of § 3.2-6549 for a period of 30 days from the date the information is received by the shelter. If a person contacts the shelter inquiring about a lost companion animal, the shelter shall check its records and make available to such person any information submitted by such releasing agency or allow such person inquiring about a lost companion animal to view the written records; and
6. The public animal shelter shall maintain a written record of the information on each companion animal submitted to the shelter by an individual in accordance with subdivision A 2 of § 3.2-6551 for a period of 30 days from the date the information is received by the shelter. If a person contacts the shelter inquiring about a lost companion animal, the shelter shall check its records and make available to such person any information submitted by the individual or allow such person inquiring about a lost companion animal to view the written records.
C. An animal confined pursuant to this section shall be kept for a period of not less than five days, such stray hold period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof.
The operator or custodian of the public animal shelter shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification, including by complying with the provisions of § 3.2-6585.1. If such identification is found on the animal, the animal shall be held for an additional five-day stray hold period, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement.
During the stray hold period that an animal is confined pursuant to this subsection, the operator or custodian of the public animal shelter may vaccinate the animal to prevent the risk of communicable diseases, provided that (i) all vaccines are administered in accordance with a protocol approved by a licensed veterinarian and (ii) rabies vaccines are administered by a licensed veterinarian or licensed veterinary technician under the immediate direction and supervision of a licensed veterinarian in accordance with § 3.2-6521. Indoor enclosures used to confine the animal during the applicable stray hold period shall be constructed of materials that are durable, nonporous, impervious to moisture, and able to be thoroughly cleaned and disinfected. During the applicable stray hold period, the operator or custodian shall provide the animal with adequate care, including reasonable access to outdoor areas to ensure that the animal has adequate exercise and adequate space.
If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. In addition to this and any other fees that might be levied, the locality may, after a public hearing, adopt an ordinance to charge the owner of an animal a fee for impoundment and increased fees for subsequent impoundments of the same animal.
D. If an animal confined pursuant to this section has not been claimed upon expiration of the applicable stray hold period as provided by subsection C, it shall be deemed abandoned and become the property of the public animal shelter.
For any animal not subject to a stray hold period, including an animal for whom the stray hold period has ended, the operator or custodian of the public animal shelter shall confine the animal in an enclosure that can safely house and allow for adequate separation of animals of different species, sexes, ages, and temperaments. Such enclosure may have both an outdoor area and an indoor area. If the facility has an outdoor area, the facility shall ensure that the outdoor areas do not present conditions that would be detrimental to the health of the animal. Indoor areas shall have a solid floor. Each operator or custodian shall ensure adequate access to water, food, and a resting platform, bedding, or perch as appropriate to the animal's species, age, and condition. Any regulation by the Board that applies to an animal not subject to a stray hold period shall not be so restrictive as to fail to allow for adequate care, adequate exercise, and adequate space, including meaningful indoor and outdoor recreation for the animal.
Such animal may be euthanized in accordance with the methods approved by the State Veterinarian or disposed of by the methods set forth in subdivisions 1 through 5. No shelter shall release more than two animals or a family of animals during any 30-day period to any one person under subdivision 2, 3, or 4.
1. Release to any humane society, public or private animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;
2. Adoption by a resident of the county or city where the shelter is operated and who will pay the required license fee, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;
3. Adoption by a resident of an adjacent political subdivision of the Commonwealth, if the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;
4. Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment and provided that no dog or cat may be adopted by any person who is not a resident of the county or city where the shelter is operated, or of an adjacent political subdivision, unless the dog or cat is first sterilized, and the shelter may require that the sterilization be done at the expense of the person adopting the dog or cat; or
5. Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with § 3.2-6557; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the public or private animal shelter or other releasing agency within the Commonwealth a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.
For purposes of recordkeeping, release of an animal by a public animal shelter to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
Any proceeds deriving from the gift, sale, or delivery of such animals shall be paid directly to the treasurer of the locality. Any proceeds deriving from the gift, sale, or delivery of such animals by a public or private animal shelter or other releasing agency shall be paid directly to the clerk or treasurer of the animal shelter or other releasing agency for the expenses of the society and expenses incident to any agreement concerning the disposing of such animal. No part of the proceeds shall accrue to any individual except for the aforementioned purposes.
E. Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian.
F. Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subdivisions D 1 through 5 of an animal that has been released to a public or private animal shelter, other releasing agency, or animal control officer by the animal's rightful owner after the rightful owner has read and signed a statement: (i) surrendering all property rights in such animal; (ii) stating that no other person has a right of property in the animal; and (iii) acknowledging that the animal may be immediately euthanized or disposed of in accordance with subdivisions D 1 through 5.
G. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification that, based on the written statement of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The statement of the disinterested person shall be kept with the animal as required by § 3.2-6557. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal.
H. No public animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and each shelter shall update such statement as changes occur. The shelter shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the shelter has an affiliation with the foster care provider.
I. A public animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-6503.
J. If a public animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.
K. The governing body shall require that the public animal shelter be operated in accordance with regulations issued by the Board. If this chapter or such regulations are violated, the locality may be assessed a civil penalty by the Board or its designee in an amount that does not exceed $1,000 per violation. Each day of the violation is a separate offense. In determining the amount of any civil penalty, the Board or its designee shall consider (i) the history of previous violations at the shelter; (ii) whether the violation has caused injury to, death or suffering of, an animal; and (iii) the demonstrated good faith of the locality to achieve compliance after notification of the violation. All civil penalties assessed under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the purposes of this chapter.
L. If this chapter or any laws governing public animal shelters are violated, the Commissioner may bring an action to enjoin the violation or threatened violation of this chapter or the regulations pursuant thereto regarding public animal shelters, in the circuit court where the shelter is located. The Commissioner may request the Attorney General to bring such an action, when appropriate.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 345. Amended by Acts 2014, c. 148; Acts 2018, c. 774; Acts 2020, c. 1109; Acts 2022, c. 387.
§ 3.2-6547. Acceptance of animals for research or experimentation; prohibition
No person shall use or accept for the purpose of medical research or experimentation any animal bearing a tag, license, or tattooed identification, unless the individual who owns such animal consents thereto in writing.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1990, c. 904; § 3.1-796.96:1.
§ 3.2-6548. Animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief
A. A private animal shelter may confine and dispose of animals in accordance with the provisions of subsections B through G of § 3.2-6546.
B. Each private animal shelter shall obtain a signed statement from each of its directors, operators, staff, and animal caregivers specifying that the individual has never been convicted of animal cruelty, neglect, or abandonment, and each shelter shall update such statement as changes occur.
C. The State Veterinarian or his representative shall inspect a private animal shelter prior to the shelter confining or disposing of animals pursuant to this section. The shelter shall meet the requirements of all laws with regard to confinement and disposition of animals before the shelter is approved to receive animals and provide a reasonable and comfortable climate appropriate for the age, species, condition, size, and type of animal.
D. A private animal shelter that confines an animal that has not been received from its owner shall, pursuant to this section, transmit a description of the animal including at least species, color, breed, size, sex, and other identification or markings and where the animal was found, and its contact information, including its name, address, and telephone number, to the public animal shelter in the county or city where the animal was found within 48 hours of the shelter receiving the animal. A shelter that confines and disposes of animals pursuant to this subsection shall be accessible to the public at reasonable hours, shall have its telephone number and address listed in a telephone directory, and shall post its contact information, including at least its name, address, and telephone number, in the public animal shelter in the locality where the shelter is located.
E. For purposes of recordkeeping, release of an animal by a private shelter to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
F. No private animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and the shelter shall update the statement as changes occur. The shelter shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the shelter has an affiliation with the foster care provider.
G. A private animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-6503.
H. If a private animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.
I. No private animal shelter shall be operated in violation of any local zoning ordinance.
J. A private animal shelter that confines and disposes of animals pursuant to this section shall be operated in accordance with this chapter. If this chapter is violated, the shelter may be assessed a civil penalty by the Board or its designee in an amount that does not exceed $1,000 per violation. Each day of the violation is a separate offense. In determining the amount of any civil penalty, the Board or its designee shall consider: (i) the history of previous violations at the shelter; (ii) whether the violation has caused injury to, death or suffering of, an animal; and (iii) the demonstrated good faith of the shelter to achieve compliance after notification of the violation. All civil penalties assessed under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the purposes of this chapter.
K. If this chapter or any laws governing private animal shelters are violated, the Commissioner may bring an action to enjoin the violation or threatened violation of this chapter or the regulations pursuant thereto regarding private animal shelters, in the circuit court where the shelter is located. The Commissioner may request the Attorney General to bring such an action, when appropriate.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6549. Releasing agencies other than pounds or animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties
A. A releasing agency other than a public or private animal shelter:
1. May confine and dispose of companion animals in accordance with subsections B through G of § 3.2-6546 if incorporated and not operated for profit;
2. Shall keep accurate records of each companion animal received for two years from the date of disposition of the companion animal. Records shall (i) include a description of the companion animal, including species, color, breed, sex, approximate weight, age, reason for release, owner's or finder's name, address, and telephone number, and license number or other identifying tags or markings, as well as disposition of the companion animal, and (ii) be made available upon request to the Department, animal control officers, and law-enforcement officers at mutually agreeable times. A releasing agency other than a public or private animal shelter shall annually submit a summary of such records to the State Veterinarian in a format prescribed by him, wherein a post office box may be substituted for a home address; and
3. Shall annually file with the State Veterinarian a copy of its intake policy.
For purposes of recordkeeping, release of a companion animal by a releasing agency to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
B. Each releasing agency other than a public or private animal shelter shall obtain a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and each such releasing agency shall update such statement as changes occur.
C. No releasing agency other than a public or private animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that the foster care provider has never been convicted of animal cruelty, neglect, or abandonment, and such releasing agency shall update the statement as changes occur. A releasing agency other than a public or private animal shelter shall maintain the original statement and any updates to such statement for so long as the releasing agency has an affiliation with the foster care provider.
D. A releasing agency other than a public or private animal shelter that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with § 3.2-6503.
E. If a releasing agency other than a public or private animal shelter finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the area where the foster care provider is located.
F. Any releasing agency other than a public or private animal shelter that finds a companion animal or receives a companion animal that has not been released by its owner and (i) provides care or safekeeping or (ii) takes possession of such companion animal shall within 48 hours:
1. In compliance with the provisions of § 3.2-6585.1, make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, or other identification or markings, or if the owner of the companion animal is otherwise known to the releasing agency; and
2. Notify the public animal shelter that serves the locality where the companion animal was found and provide to the shelter contact information including at least a name and a contact telephone number, a description of the companion animal including at least species, breed, sex, size, color, information from any tag, license, collar, tattoo, or other identification or markings, and the location where the companion animal was found.
G. A releasing agency other than a public or private animal shelter shall comply with the provisions of § 3.2-6503.
H. No releasing agency other than a public or private animal shelter shall be operated in violation of any local zoning ordinance.
I. A releasing agency other than a public or private animal shelter that violates any provision of this section, other than subsection G, may be subject to a civil penalty not to exceed $250.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148; Acts 2016, c. 678; Acts 2022, c. 387.
§ 3.2-6550. Requirements for foster homes; penalty
In addition to any other requirements of this chapter, foster homes shall be subject to the following:
1. No foster home shall be operated in violation of any local zoning ordinance; and
2. No private residential dwelling and its surrounding grounds that serves as a foster home shall keep more than 50 companion animals on site at one time.
Any foster home found in violation of this section may be subject to a civil penalty not to exceed $250.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6551. Notification by individuals finding companion animals; penalty
A. Any individual who finds a companion animal and (i) provides care or safekeeping or (ii) retains the companion animal in such a manner as to control its activities shall within 48 hours:
1. Make a reasonable attempt to notify the owner of the companion animal if the owner can be ascertained from any tag, license, collar, tattoo, or other form of identification or markings or if the owner of the animal is otherwise known to the individual; and
2. Notify the public animal shelter that serves the locality where the companion animal was found and provide to the shelter contact information, including at least a name and a contact telephone number, a description of the animal, including information from any tag, license, collar, tattoo, or other identification or markings, and the location where the companion animal was found.
B. If an individual finds a companion animal and (i) provides care or safekeeping or (ii) retains the companion animal in such a manner as to control its activities, the individual shall comply with the provisions of § 3.2-6503.
C. Any individual who violates this section may be subject to a civil penalty not to exceed $50 per companion animal.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 148.
§ 3.2-6552. Dogs killing, injuring or chasing livestock or poultry
A. 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 seize or 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.
B. 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 serving the locality wherein the 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 or euthanized immediately by the animal control officer or other officer designated by the court or (ii) removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth that is later found in the Commonwealth shall be ordered by a court to be killed or euthanized immediately.
C. Notwithstanding the provisions of subsection B, if it is determined that the dog has killed or injured only poultry, the district court may, instead of ordering killing, euthanasia, or removal to another state pursuant to this section, order either (a) that the dog be transferred to another owner whom the court deems appropriate and permanently fitted with an identifying microchip registered to that owner or (b) that the dog be fitted with an identifying microchip registered to the owner and confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent the dog's escape; direct contact with the dog by minors, adults, or other animals; or entry by minors, adults, or other animals. The structure shall be designed to provide the dog with shelter from the elements of nature. When off its owner's property, any dog found to be a poultry killer shall be kept on a leash and muzzled in such a manner as not to cause injury to the dog or interfere with its vision or respiration, but so as to prevent it from biting a person or another animal.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 551; Acts 2008, c. 691. Amended by Acts 2014, c. 137; Acts 2016, c. 757.
§ 3.2-6553. 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 $750 per animal or $10 per fowl if (i) the claimant has furnished evidence within 60 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 72 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 clause (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.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 116; Acts 2014, c. 160.
§ 3.2-6554. Disposal of dead companion animals
The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If, after notice, any owner fails to do so, the animal control officer or other officer shall bury or cremate the companion animal, and he may recover on behalf of the local jurisdiction from the owner his cost for this service.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.90; Acts 1987, c. 488; Acts 1993, c. 174; Acts 1998, c. 817; § 3.1-796.121.
Article 10. Mandatory Sterilization of Dogs and Cats Adopted from Releasing Agencies
§ 3.2-6574. Sterilization of adopted dogs and cats; enforcement; civil penalty
A. Every new owner of a dog or cat adopted from a releasing agency shall cause to be sterilized the dog or cat pursuant to the agreement required by subdivision 2 of subsection B of this article.
B. A dog or cat shall not be released for adoption from a releasing agency unless:
1. The animal has already been sterilized; or
2. The individual adopting the animal signs an agreement to have the animal sterilized by a licensed veterinarian: (i) within 30 days of the adoption, if the animal is sexually mature; or (ii) within 30 days after the animal reaches six months of age, if the animal is not sexually mature at the time of adoption.
C. A releasing agency may extend for 30 days the date by which a dog or cat must be sterilized on presentation of a written report from a veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and the releasing agency may negotiate the terms of an extension of the date by which the animal must be sterilized.
D. Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the releasing agency, and the new owner.
E. Upon the petition of an animal control officer, humane investigator, the State Veterinarian or a State Veterinarian's representative to the district court of the county or city where a violation of this article occurs, the court may order the new owner to take any steps necessary to comply with the requirements of this article. This remedy shall be exclusive of and in addition to any civil penalty that may be imposed under this article.
F. Any person who violates subsection A or B of this section shall be subject to a civil penalty not to exceed $250.
CREDIT(S)
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 875.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; Acts 1998, c. 817; § 3.1-796.126:1.
§ 3.2-6575. Sterilization agreement
Any agreement used by a releasing agency pursuant to subsection B of § 3.2- 6574 shall contain:
1. The date of the agreement;
2. The names, addresses, and signatures of the releasing agency and the new owner;
3. A description of the dog or cat to be adopted;
4. The date by which the dog or cat is required to be sterilized; and
5. A statement printed in conspicuous, bold print, that sterilization of the dog or cat is required under this article; that a person who violates this article is subject to a civil penalty; and that the new owner may be compelled to comply with the provisions of this article.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; § 3.1-796.126:2.
§ 3.2-6576. Sterilization confirmation; civil penalty
Each new owner who signs a sterilization agreement shall, within seven days of the sterilization, cause to be delivered or mailed to the releasing agency written confirmation signed by the veterinarian who performed the sterilization. The confirmation shall briefly describe the dog or cat; include the new owner's name and address; certify that the sterilization was performed; and specify the date of the procedure. Any person who violates this section shall be subject to a civil penalty not to exceed $150.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; Acts 1999, c. 627; Acts 1999, c. 672; § 3.1-796.126:3.
§ 3.2-6577. Notification concerning lost, stolen or dead dogs or cats; civil penalty
If an adopted dog or cat is lost or stolen or dies before the animal is sterilized and before the date by which the dog or cat is required to be sterilized, the new owner shall, within seven days of the animal's disappearance or death, notify the releasing agency of the animal's disappearance or death. Any person who violates this section shall be subject to a civil penalty not to exceed $25.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; § 3.1-796.126:4.
This article shall not apply to:
1. An owner reclaiming his dog or cat from a releasing agency;
2. A releasing agency within a locality that has adopted a more stringent mandatory sterilization ordinance; and
3. A local governing body that has disposed of an animal by sale or gift to a federal agency, state-supported institution, agency of the Commonwealth, agency of another state, or licensed federal dealer having its principal place of business located within the Commonwealth.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; § 3.1-796.126:5.
§ 3.2-6579. Releasing agency; fees and deposits
A local governing body or releasing agency may charge and collect from the new owner a fee or deposit before releasing a dog or cat for adoption to ensure sterilization.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; § 3.1-796.126:6.
§ 3.2-6580. Civil penalties
Any animal control officer, humane investigator, releasing agency, the State Veterinarian or State Veterinarian's representative shall be entitled to bring a civil action for any violation of this article that is subject to a civil penalty. Any civil penalty assessed pursuant to this article shall be paid into the treasury of the city or county where such civil action is brought and used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of cats and dogs.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1993, c. 959; Acts 1998, c. 817; Acts 2002, c. 787; § 3.1-796.126:7.
§ 3.2-6581. Definitions
As used in this article:
“Adequate confinement” means that, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to: (i) prevent the animal's escape; or if the hybrid canine is determined to be a dangerous dog pursuant to § 3.2-6540, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine; and (ii) provide a minimum of 100 square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement.
“Hybrid canine” means any animal that is or can be demonstrated to be a hybrid of the domestic dog and any other species of the Canidae family; that at any time has been permitted, registered, licensed, or advertised as such; or that at any time has been described, represented, or reported as such by its owner to a licensed veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the Department of Health, or State Veterinarian's representative.
“Responsible ownership” means the ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 461.
§ 3.2-6582. Hybrid canine ordinance; penalty
A. Any locality may, by ordinance, establish a permit system to ensure the adequate confinement and responsible ownership of hybrid canines. Such ordinance may include requirements pertaining to (i) the term and expiration date of the permit; (ii) the number of hybrid canines that may be owned by a permittee; (iii) identification tags or tattooing of the animal; (iv) where the animal may be kept; (v) handling of the animal while not on the property of the owner; and (vi) information required to be provided when applying for a permit, such as the sex, color, height, vaccination records, length, or identifying marks of the hybrid canine. The ordinance shall not require that hybrid canines be disposed of by the owner unless the owner fails to obtain or renew any required permit or violates a provision of the ordinance or any other law pertaining to the responsible ownership of the hybrid canine. The locality may impose a permit fee to cover the cost of the permitting system.
B. Violation of an ordinance enacted pursuant to subsection A is a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for any subsequent violation. The ordinance may require a violator to surrender the hybrid canine for euthanasia in accordance with § 3.2-6562.
C. The provisions of subsections A and B shall not affect any ordinance adopted prior to July 1, 1997.
D. Any locality may, by ordinance, prohibit the keeping of hybrid canines.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 461.
§ 3.2-6583. Hybrid canines killing, injuring or chasing livestock
It shall be the duty of any animal control officer or other officer who may find a hybrid canine in the act of killing or injuring livestock or poultry to kill such hybrid canine forthwith, whether such hybrid canine bears a tag or not. Any person finding a hybrid canine committing any of the depredations mentioned in this section may kill such hybrid canine on sight as may any owner of livestock or his agent finding a hybrid canine chasing livestock on land lawfully utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court may order the animal control officer or other officer to kill any hybrid canine known to be a confirmed livestock or poultry killer, and any hybrid canine that kills poultry for a third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the hybrid canine to produce the hybrid canine.
Any animal control officer who has reason to believe that any hybrid canine is killing livestock or poultry shall be empowered to seize such hybrid canine solely for the purpose of examining such hybrid canine 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 hybrid canine is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate serving the locality where such hybrid canine may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court, at which time evidence shall be heard. If it appears that the hybrid canine is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the hybrid canine be: (i) killed immediately by the animal control officer or other officer designated by the court; or (ii) removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any hybrid canine ordered removed from the Commonwealth that is later found in the Commonwealth shall be ordered by a court to be killed immediately.
Acts 2008, c. 860, eff. Oct. 1, 2008; Acts 2008, c. 551; Acts 2008, c. 691.
HISTORICAL AND STATUTORY NOTES
Pursuant to the direction of the Virginia Code Commission, the amendments to former § 3.1-796.126:10 by Acts 2008, cc. 551 and 691 were applied to this section.
Derivation:
Acts 1997, c. 918; Acts 1998, c. 817; § 3.1-796.126:10.
§ 3.2-6584. Compensation for livestock and poultry killed by hybrid canines
Any person who has any livestock or poultry killed or injured by any hybrid canine not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl if (i) the claimant has furnished evidence within 60 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 hybrid canine; (ii) the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the hybrid canine doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the hybrid canine upon which an execution has been returned unsatisfied.
Local jurisdictions may by ordinance waive the requirements of clause (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 hybrid canine and may enforce the same in an appropriate action at law.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2014, c. 116; Acts 2014, c. 160.
§ 3.2-6585. Dogs and cats deemed personal property; rights relating thereto
All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in § 3.2- 6500, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog or cat that is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person.
An animal control officer or other officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner.
The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal and notify its legal owner. The legal owner of the animal shall pay a reasonable charge as the local governing body by ordinance shall establish for the keep of such animal while in the possession of the animal control officer.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.95; Acts 1987, c. 488; Acts 1988, c. 537; Acts 1998, c. 817; § 3.1-796.127.
§ 3.2-6585.1. Duty to identify; scanning for microchip
Any veterinarian, public or private animal shelter, or releasing agency that releases or receives companion animals for adoption or is authorized to euthanize companion animals shall seek to identify the lawful owner of each unidentified companion animal submitted to it, including, for any weaned companion animal that may be safely handled, making a reasonable attempt to scan the animal for an embedded microchip at the time of intake, at the time of assessment, and prior to disposition. If a chip is detected, the veterinarian, shelter, or agency shall make every reasonable effort to contact the owner by the most expedient method available. Such veterinarian, shelter, or agency shall maintain documentation for at least 30 days from the date of the final disposition of the animal that includes the reason an animal could not be scanned, any scanning that located or failed to locate a microchip, whether a located microchip was registered to an owner, and any attempt to contact any owner. Veterinarians shall notify the local public shelter, in compliance with § 3.2-6551, when taking possession of a stray animal. The requirements of this section shall not apply to the transfer of animals between veterinarians, public or private animal shelters, or releasing agencies.
Credits
Added by Acts 2022, c. 387.
§ 3.2-6586. Dog injuring or killing other companion animals
The owner of any companion animal that is injured or killed by a dog shall be entitled to recover damages consistent with the provisions of § 3.2-6585 from the owner of such dog in an appropriate action at law if: (i) the injury occurred on the premises of the companion animal's owner; and (ii) the owner of the offending dog did not have the permission of the companion animal's owner for the dog to be on the premises at the time of the attack.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 2003, c. 841; § 3.1-796.127:1.
§ 3.2-6587. Unlawful acts; penalties
A. The following shall be unlawful acts and are Class 4 misdemeanors:
1. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.
2. For any dog or cat owner to fail to pay any license tax required by this chapter 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.
3. For any dog owner to allow a dog to run at large in violation of an ordinance passed pursuant to § 3.2-6539.
4. Unless otherwise punishable under subsection B, for any person to fail to obey an ordinance passed pursuant to §§ 3.2-6522 and 3.2-6525.
5. For any owner to fail to dispose of the body of his companion animals in accordance with § 3.2-6554.
6. For the owner of any dog or cat with a contagious or infectious disease, other than rabies, to permit such dog or cat to stray from his premises if such disease is known to the owner.
7. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.
8. 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.
9. Any other violation of this chapter for which a specific penalty is not provided.
B. It is a Class 1 misdemeanor for any person to:
1. Present a false claim or to receive any money on a false claim under the provisions of § 3.2-6553.
2. Impersonate a humane investigator.
3. Permit a dog or cat that he owns or is in his custody to stray from his premises when he knows or has been told by the local health department, law-enforcement agency, animal control agency, or any other person who has a duty to control or respond to a risk of rabies exposure that the dog or cat is suspected of having rabies.
Credits
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2020, c. 1183.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.99; Acts 1987, c. 488; Acts 1993, c. 174; Acts 1993, c. 775; Acts 1993, c. 817; Acts 1998, c. 817; § 3.1-796.128.
§ 3.2-6588. Intentional interference with a guide or leader dog; penalty
A. It is unlawful for a person to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a Class 3 misdemeanor.
B. It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a Class 1 misdemeanor.
"Guide or leader dog" means a dog that: (i) serves as a dog guide for a blind person as defined in § 51.5-60 or for a person with a visual disability; (ii) serves as a listener for a deaf or hard-of-hearing person as defined in § 51.5-111; or (iii) provides support or assistance for a physically disabled or handicapped person.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1995, c. 209; § 3.1-796.128:1.
§ 3.2-6589. Selling garments containing dog or cat fur prohibited; penalty
It is unlawful for any person to sell a garment containing the hide, fur, or pelt that he knows to be that of a domestic dog or cat. A violation of this section is punishable by a fine of not more than $10,000.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1999, c. 646; Acts 1999, c. 678; § 3.1-796.128:2
§ 3.2-6590. Jurisdiction of general district courts; right of appeal
Unless otherwise provided, the provisions of this article may be enforced by any general district court in cities or counties wherein the offense is committed or the offender or owner may be found. Every such offender shall have the right of appeal to the appropriate circuit court.
Acts 2008, c. 860, eff. Oct. 1, 2008.
HISTORICAL AND STATUTORY NOTES
Derivation:
Acts 1984, c. 492, § 29-213.100; Acts 1987, c. 488; § 3.1-796.129.
Title 15.2. Counties, Cities and Towns. Subtitle II. Powers of Local Government. Chapter 9. General Powers of Local Governments. Article 5. Additional Powers.
§ 15.2-981. Authority to sell dogs trained for police work
A locality may sell any dog specially trained for police work to the handler who was last in control of such dog, at a price deemed by the locality to be appropriate. Such sale shall not be deemed a violation of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.).
Credits
Acts 2010, c. 714.
Title 18.2. Crimes and Offenses Generally. Chapter 5. Crimes Against Property. Article 3. Larceny and Receiving Stolen Goods.
§ 18.2-97. Larceny of certain animals and poultry
Any person who shall be guilty of the larceny of a dog, horse, pony, mule, cow, steer, bull, or calf shall be guilty of a Class 5 felony, and any person who shall be guilty of the larceny of any poultry of the value of $5 or more, but of the value of less than $1,000, or of a sheep, lamb, swine, or goat, of the value of less than $1,000, shall be guilty of a Class 6 felony.
Credits
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197. Amended by Acts 2018, c. 764; Acts 2018, c. 765; Acts 2020, c. 89; Acts 2020, c. 401.
§ 18.2-97.1. Removal of a transmitting device; penalty
Any person who removes an electronic or radio transmitting device from a dog, falcon, hawk, or owl without the permission of the owner and with the intent to prevent or hinder the owner from locating the dog, falcon, hawk, or owl is guilty of a Class 1 misdemeanor. Upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog, falcon, hawk, or owl lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues.
Credits
Acts 2007, c. 484; Acts 2007, c. 721; Acts 2011, c. 191.
Title 18.2. Crimes and Offenses Generally. Chapter 7. Crimes Involving Health and Safety. Article 8. Miscellaneous Dangerous Conduct
§ 18.2-313.1. Withholding information about possibly rabid animal; penalty
It shall be unlawful for any person to (i) knowingly withhold information from, or knowingly give false information to, any lawfully authorized governmental agent which would reasonably lead to the discovery or location and capture of any animal reasonably identifiable as one that has potentially exposed a human being to rabies; (ii) upon the request of an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to grant access to any animal owned, harbored, or kept by that person that is suspected of having caused a rabies exposure to a human being; or (iii) upon notice by an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to comply with a confinement, isolation, or quarantine order.
Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
Credits
Acts 1989, c. 491; Acts 2010, c. 834.
Title 18.2. Crimes and Offenses Generally. Chapter 8. Crimes Involving Morals and Decency. Article 8. Offenses Involving Animals
§ 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 § 3.2-6566 pertaining to interference of agents charged with preventing cruelty to animals.
2. Violation of § 3.2-6573 pertaining to shooting pigeons.
3. Violation of § 3.2-6554 pertaining to disposing of the body of a dead companion animal.
4. Unless otherwise punishable under subsection B of § 3.2-6587, violation of ordinances passed pursuant to §§ 3.2-6522 and 3.2-6525 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 § 3.2-6539 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, other than rabies, 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 subsection A or C of § 3.2-6530 within one month after the date when 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 § 3.2-6503 pertaining to care of animals by owner.
Credits
Acts 1984, c. 492; Acts 1993, c. 174; Acts 1993, c. 817. Amended by Acts 2017, c. 559; Acts 2017, c. 567; Acts 2020, c. 1183.
Title 29.1. Game, Inland Fisheries and Boating. Chapter 4. Permits Required. Article 3. Special Permits
§ 29.1-422. Permits for field trials
The Board is authorized to grant permits to bona fide field trial clubs and associations to hold field trials with dogs under such regulations it deems proper. The fee established by the Board for a field trial permit shall be an amount sufficient to defray the costs of processing the permit and administering the permitted activity, but shall not exceed twenty-five dollars per event. It shall be unlawful to hold such trials without the permit herein authorized during the closed season for game.
If wild game is to be shot over or in front of dogs engaged in such field trials, the person actually shooting must have a license permitting him to do so.
Captive birds of any species released and immediately shot or recovered during such trials shall not be considered to be wild birds under this chapter or § 29.1-521.
Credits
Acts 1987, c. 488; Acts 1993, c. 623.
Title 29.1. Game, Inland Fisheries and Boating. Chapter 5. Wildlife and Fish Laws. Article 2. Hunting and Trapping
§ 29.1-516.1. Using tracking dogs to retrieve bear, deer, or turkey
Tracking dogs maintained and controlled on a lead may be used to find a wounded or dead bear, turkey, or deer statewide during any archery, muzzleloader, or firearm bear, turkey, or deer hunting season, or within 24 hours of the end of such season, provided that those who are involved in the retrieval effort have permission to hunt on or to access the land being searched. A licensed hunter who is engaged in such tracking may have in his possession a weapon permitted under this title and may use such weapon to humanely kill the wounded bear, deer, or turkey being tracked, including after legal shooting hours. Such weapon shall not be used to hunt, wound, or kill any animal other than the animal that the hunter is tracking, except in self-defense.
Credits
Acts 2011, c. 459. Amended by Acts 2018, c. 447.
West's Annotated Code of Virginia. Title 32.1. Health. Chapter 2. Disease Prevention and Control. Article 3.1. Control of Rabies.
§ 32.1-48.1. Regulation of State Health Commissioner declaring existence of rabies; display and publication
Whenever the State Health Commissioner is informed that an outbreak of rabies has occurred in a county or city, he may, after consulting with the Commissioner of Agriculture and Consumer Services and the Executive Director of the Department of Wildlife Resources, adopt a regulation declaring the existence of rabies in such county or city and containing such requirements as are hereinafter set forth. Such regulations shall be prominently displayed throughout the county or city and shall be published therein by signs or otherwise to call the attention of the public to the existence of such outbreak.
Credits
Acts 1987, c. 488. Amended by Acts 2020, c. 958.
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
When the State Health Commissioner has declared that an outbreak of rabies exists in a county or city, he may adopt a regulation requiring all dogs therein to be vaccinated or inoculated against rabies, with such exceptions as he deems appropriate. Such regulation shall set forth the persons by whom and the time within which such vaccination or inoculation may be required. The State Health Commissioner may establish such clinics and furnish other services and supplies as will enable the prompt vaccination or inoculation of all dogs in such county or city.
Credits
Acts 1987, c. 488.
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
If the governing body of the county or city in which the outbreak exists does not adopt, under § 3.2-6522, subsection A of § 3.2-6525, §§ 3.2-6538, 3.2-6539, and 3.2-6546, ordinances, regulations and measures to prohibit the running at large of dogs and to prevent the spread of rabies, the State Health Commissioner is authorized to adopt regulations providing for the matters contained in such sections and to enforce the same in the same manner as if they had been specifically adopted by the governing body of the county or city involved, and the provisions of such sections shall apply mutatis mutandis to the regulations adopted by the Commissioner hereunder.
Credits
Acts 1990, c. 958; Acts 2001, c. 674.
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
The Commissioner shall, insofar as practicable, cooperate with the local governing body and agencies of the county or city involved to the end that a joint program may be adopted and enforced for the reduction and elimination of rabies.
Credits
Acts 1987, c. 488.