City of Manassas, Virginia City Council Meeting AGENDA. City Council Regular Meeting

Transcription

1 City of Manassas, Virginia City Council Meeting AGENDA City Council Regular Meeting 9027 Center Street Manassas, VA Council Chambers Monday, March 27, 2017 Call to Order - 5:30 p.m. Roll Call Invocation and Pledge of Allegiance City Attorney Report City Manager Report Chief of Police Report Council Time Mayor Time 1. Consent Agenda All matters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and considered separately. City Council City Council Regular Meeting March 27, 2017 Page 1 1

2 SUGGESTED MOTION: "I move that the Consent Agenda be approved and the readings of the ordinances be dispensed." SUGGESTED MOTION #2: "I move that Items # and # be removed from the Consent Agenda and be added as Items # and #, respectively, and that the remaining Consent Agenda items be approved as it now appears and the readings of the ordinances be dispensed." 1.1 City Council Minutes: March 13, 14, 15, 20 and 22, 2017 (Staff: Andrea P. Madden, Assistant to the City Manager / City Clerk) Agenda Statement - Minutes City Council Minutes: March 13, 2017 City Council Minutes: March 14, 2017 City Council Minutes: March 15, 2017 City Council Minutes: March 20, 2017 City Council Minutes: March 22, Agreement: Annual Limited Express License for the Use of the E.G. Smith Baseball Complex by the Greater Manassas Baseball League (Staff: Christen Zenich, Neighborhood Recreation Supervisor) Agenda Statement - Annual Limited Express License GMBL Express License Ordinance #O : Personal and Real Estate Interest Disclosures (First Reading) (Staff: Martin Crim, City Attorney) Agenda Statement - Ordinance #O Ordinance #O Clean Ordinance #O Redline 2. Ordinances and Resolutions 2.1 Ordinance #O : Animal Control Ordinance (First Reading) (Staff: Martin Crim, City Attorney; Doug Keen, Police Chief) Agenda Statement - Ordinance #O Ordinance #O Clean Ordinance #O Redline 3. New Business 3.1 Performance Agreement: Agriculture and Forestry Industries Development (AFID) Grant for BadWolf Public House (Staff: Patrick J. Small, Economic Development Director) Agenda Statement - AFID Grant for BadWolf Performance Agreement: BadWolf Public House City Council City Council Regular Meeting March 27, 2017 Page 2 2

3 3.2 Report: CenterFuse - Opening and Operations (Staff: Patrick J. Small, Economic Development Director) (Presented by: Debbie Haight, HMI Executive Director) Agenda Statement - CenterFuse 4. Citizens' Time - 7:30 p.m. The citizens' time portion of the agenda is set aside for those citizens who wish to address the Council for less than three minutes each. Citizens need not give prior notice to the City to speak during the citizens' time portion of the agenda. Citizens may address the Council for longer than three minutes if they ask the City Manager for a place on the agenda at least four working days before the meeting. 5. Authorize a Closed Meeting 5.1 Authorization of a Closed Meeting 1. Appointments to Boards, Committees and Commissions. Agenda Statement - Authorization of a Closed Meting 6. Certify the Closed Meeting 6.1 Certification of a Closed Meeting Agenda Statement - Certification of Closed Meeting 7. Appointments to Boards, Committees and Commissions Adjournment City Council City Council Regular Meeting March 27, 2017 Page 3 3

4 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: March 27, 2017 Time Estimate: Consent Agenda Title: City Council Minutes: March 13, 14, 15, 20 and 22, 2017 Recommendation: Motion: Approve If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that the Minutes of March 13, 14, 15, 20 and 22, 2017 be approved. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: N/A N/A N/A N/A Andrea P. Madden, Assistant to the City Manager / City Clerk amadden@manassasva.gov (703)

5 March 13, 2017 A Regular Meeting of the Council of the City of Manassas, Virginia was held in Council Chambers, City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, Chief of Police Douglas W. Keen, Fire and Rescue Chief Rob Clemons, Community Development Director Elizabeth S. Via-Gossman, Economic Development Director Patrick J. Small, Finance and Administration Director Paul York, Budget Manager Diane V. Bergeron, Public Works Director Steven Burke, and Communications Manager Patty Prince. Mayor Parrish called the meeting to order at 5:30 p.m. Mayor Parrish delivered the invocation and led those present in the Pledge of Allegiance. City Attorney Report Mr. Crim reported that the Circuit Court set a special election date of April 18, 2017 for the office of Clerk of the Circuit Court. Mr. Crim stated that the last tenant has left the property at 9608 Grant Avenue and the City has terminated the management agreement it entered into with a firm who oversaw operation of the building. Mr. Crim shared with the City Council that last week, a letter of notice regarding continuing property maintenance and fire code violations at 9512 and 9514 Liberty Street, was sent to those overseeing the Dorothy Lomax Smith Estate. If steps are taken to stabilize the structures, the City will not pursue criminal action. City Manager Report Mr. Pate announced that a community meeting to share information and plans for Fire Station #21 is scheduled for March 21, 2017 at 7:00 p.m. at Round Elementary School. Mr. Pate reported that the first significant snow of the year is expected to move into the area overnight. The City declared a snow emergency to prevent parking on the snow emergency routes beginning at 6:00 p.m. on March 13 and ending at 6:00 p.m. on March 14, Mr. Pate urged citizens to be careful on the roads and check the website for updates. Mr. Pate shared the story of Jamie Martinez, a freshman at Osbourn High School, who is battling a debilitating condition and is undergoing surgery later in the week. Mr. Martinez spent a couple of days with the City s Fire and Rescue Department and Police Department and had the opportunity to go up on the ladder truck, ride in a helicopter, play football with some players from the Washington Redskins at the team s practice field, and bonded with Rex, one of the City s K-9s. 1 5

6 March 13, 2017 Chief of Police Report Chief Keen urged citizens to be careful in the winter conditions and stated that the Police Department works well with Public Works and Streets in these circumstances. Council Time Vice Mayor Aveni reminded the community of the April 18, 2017 special election to fill the office of the Clerk of the Circuit Court and asked that information about the new voting precincts be communicated to citizens. Council Member Bass stated that due to the April 18 special election, the MCPS will close on April 18, Council Member Bass shared information on public artwork in the City and its positive impact on the community. Council Member Elston commented on the many weekend activities in Manassas, including performances at the Hylton, the St. Patrick s Day Parade, a ribbon cutting for Totally Vintage Design, and the expected opening of Bad Wolf Public House, a new restaurant on Battle Street. Council Member Elston noted that information regarding the new voting precincts has been advertised in the newspaper, in the City Connection newsletter, on Facebook, on the City s website, and at various community meetings. Council Member Sebesky reported on the PRTC and VRE meetings she attended and discussed her experience at a VML conference for newly elected officials in Richmond. Council Member Sebesky stated that she enjoyed participating in the St. Patrick s Day Parade and encouraged citizens interested in the new fire station to attend the March 21, 2017 community meeting. Mayor Time Mayor Parrish announced that Leadership Prince William is accepting applications for its 2018 Class and also its 2017 Summer Youth Academy. Anyone interested in the program or applying can visit the Leadership Prince William website. Mayor Parrish encouraged citizens to help their neighbors following the approaching snow storm. Mayor Parrish shared with the City Council two letters he received from Karen DeVito with Catholics for Housing, indicating the organization s interest in purchasing the East End Mobile Home Park. Mayor Parrish asked that the letter dated March 13, 2017 be included in the record: 2 6

7 March 13, 2017 Dear Mayor Parrish and Members of the City Council, Catholics for Housing has a long history of providing affordable housing opportunities and helping people create sustainable homes. In light of this history and our mission, CFH (Catholics for Housing) became interested in the unique situation involving the East End Mobile Home Park. CFH has begun to explore the various aspects of the East End Mobile Home Park situation in an effort to preserve a variety of housing options. We will continue to collect data to determine if there is a viable opportunity for Catholics for Housing to participate. Our goal is to assist in creating a positive outcome for those involved. Sincerely, Karen S. DeVito Executive Director 1) Consent Agenda 1.1 City Council Minutes: February 27 and March 6, Agreement: Outdoor Dining License Agreement for the Bad Wolf Public House 1.3 Proclamation: Developmental Disability Awareness Month 1.4 Resolution #R : Accepting the Results of a Special Election of Officers of the Manassas Volunteer Fire Company 1.5 Resolution #R : Appointment to the Fire and Rescue Committee Due to a Vacancy 1.6 Resolution #R : Support for Virginia Department of Transportation (VDOT) Primary Extensions Funding Application COUNCIL MEMBER BASS MOVED that the Consent Agenda be approved as presented and the reading of the ordinances dispensed. Seconded by Vice Mayor Aveni and CARRIED UNANIMOUSLY. 2) New Business 2.1 Presentation: Proposed FY 2018 Operating Budget and Capital Improvement Program (CIP) W. Patrick Pate, City Manager, presented to the City Council the proposed FY 2018 Operating Budget and Capital Improvement Program (CIP). Several Budget Work Sessions are scheduled in the coming weeks. 3 7

8 March 13, ) Awards, Acknowledgments and Presentations - 7:15 p.m. 3.1 Presentation of Proclamation: Developmental Disability Awareness Month Council Member Bass read and presented the Proclamation proclaiming March as Developmental Disability Awareness Month in the City of Manassas to Jacqueline Jackson- Turner, Developmental Disability Program Manager with Prince William County. 4) Citizens' Time The following individuals spoke in support of options, including a possible offer to purchase the property from Catholics for Housing, which would allow the East End Mobile Home Park (EEMHP) to remain open: Melissa Watson, Manassas Crescencio Torres, Manassas Nancy Lyall, Woodbridge Ralph Smith, Manassas John Steinbach, Prince William County Helen Sorto, Manassas Father Lee Roos, All Saints Catholic Church, Manassas Miriam Ayala, Woodbridge Lee Carter, Manassas Selfo Sosa, Manassas Gretchen Almstead, a resident of the City of Manassas, spoke in support of the OmniLink bus system and discouraged additional cuts to PRTC funding, stating that many citizens rely on the bus to get to and from work, school, and medical appointments. Ed Mattison, a resident of the City of Manassas, stated that he recently received a letter in the mail and was surprised to learn of the change to voting precincts; Mr. Mattison stated the City could have done more to communicate this change to citizens. Raymond Beverage, a resident of the City of Manassas, stated that he objects that money was spent on the City Council s Planning Session in January at Airlie Conference Center. 5) Authorize a Closed Meeting 5.1 Authorization of a Closed Meeting VICE MAYOR AVENI MOVED that the Council convene in a closed meeting to consult with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically the East End Mobile Home Park, as permitted by Virginia Code Paragraph (7) (Part 2), for which the Virginia Freedom 4 8

9 March 13, 2017 of Information Act permits discussion in a closed meeting. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Deputy City Manager, the City Attorney, and the Economic Development Director would be included in the closed meeting discussion. The City Council retired to the closed meeting at 6:45 p.m. 6) Certify the Closed Meeting 6.1 Certification of a Closed Meeting VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 7:26 p.m. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 8:05 p.m. Mayor City Clerk Date Approved 5 9

10 March 14, 2017 A Special Meeting of the Council of the City of Manassas, Virginia, for the purpose of conducting a work session, was held in the second floor conference room at City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, Finance and Administration Director Paul York, Budget Manager Diane V. Bergeron, Commissioner of the Revenue Douglas Waldron, Community Development Director Elizabeth S. Via-Gossman, Police Chief Doug Keen, Fire and Rescue Chief Rob Clemons, Battalion Chief Mark Nary, Treasurer Patricia Richie-Folks, and Public Works Director Steve Burke. Mayor Parrish called the meeting to order at 5:30 p.m. The City Clerk reported that the news media had been notified of the meeting in accordance with the Freedom of Information Act. The City Clerk read the Notice of Special Meeting acknowledged by all Council Members stating that the Special Meeting was called for the following purposes: 1. As per the attached agenda dated March 14, 2017; 2. Other pertinent business for the operation of the City. 1) Budget Work Session: Discussion Items 1.1 Tax Supported Funds - Operating and CIP Discussion of General Fund, Fire & Rescue Fund, and Tax Rate The City Council held a Budget Work Session and discussed the General Fund, real estate values, CIP projects and funding, Fire and Rescue needs, and various options regarding the advertised tax rate. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 7:15 p.m. Mayor City Clerk Date Approved 1 10

11 March 15, 2017 A Special Meeting of the Council of the City of Manassas, Virginia, for the purpose of conducting a work session, was held in the second floor conference room at City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, Community Development Director Elizabeth S. Via-Gossman, Finance and Administration Director Paul York, Budget Manager Diane V. Bergeron, Police Chief Doug Keen, Police Captain Brian Larkin, Fire and Rescue Chief Rob Clemons, and Public Works Director Steve Burke. Mayor Parrish called the meeting to order at 5:30 p.m. The City Clerk reported that the news media had been notified of the meeting in accordance with the Freedom of Information Act. The City Clerk read the Notice of Special Meeting acknowledged by all Council Members stating that the Special Meeting was called for the following purposes: 1. As per the attached agenda dated March 15, 2017; 2. Other pertinent business for the operation of the City. 1) Budget Work Session: Discussion Items 1.1 Tax Supported Funds - Operating and CIP Discussion of General Fund, Fire & Rescue Fund, and Tax Rate The City Manager continued to discuss the General Fund and reviewed the budgets of City departments. In addition, projects included in the Capital Improvement Program and the Transportation Program were reviewed. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 8:13 p.m. Mayor City Clerk Date Approved 1 11

12 March 20, 2017 A Special Meeting of the Council of the City of Manassas, Virginia, for the purpose of conducting a work session, was held in the second floor conference room at City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ken D. Elston, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, Community Development Director Elizabeth S. Via-Gossman, Finance and Administration Director Paul York, Budget Manager Diane V. Bergeron, Airport Director Juan Rivera, Utilities Director Tony Dawood, Utilities Finance Manager Glenn Simpson, City Engineer Michelle Brickner, and Public Works Director Steve Burke. Mayor Parrish called the meeting to order at 5:30 p.m. The City Clerk reported that the news media had been notified of the meeting in accordance with the Freedom of Information Act. The City Clerk read the Notice of Special Meeting acknowledged by all Council Members stating that the Special Meeting was called for the following purposes: 1. As per the attached agenda dated March 20, 2017; and 2. Other pertinent business for the operation of the City. 1) Work Session: Discussion Items 1.1 Enterprise Funds Utilities: Water/Sewer & Electric Stormwater Solid Waste Airport Other W. Patrick Pate, City Manager, and City staff discussed with the Mayor and City Council the Enterprise Fund budgets. No formal action was taken by the City Council. 1.2 Enterprise Capital Mr. Pate reviewed the various capital projects included in the Enterprise Funds with the Mayor and City Council. No formal action was taken by the City Council. 1 12

13 March 20, ) Authorize a Closed Meeting 2.1 Authorization of a Closed Meeting VICE MAYOR AVENI MOVED that the Council convene in a closed meeting to consult with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically the East End Mobile Home Park, as permitted by Virginia Code Paragraph (7) (Part 2), for which the Virginia Freedom of Information Act permits discussion in a closed meeting. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Attorney and Economic Development Director arrived immediately prior to the authorization of a closed meeting. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Deputy City Manager, the City Attorney, and the Economic Development Director would be included in the closed meeting discussion. The City Council retired to the closed meeting at 7:02 p.m. 3) Certify the Closed Meeting 3.1 Certification of a Closed Meeting VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 7:49 p.m. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 7:58 p.m. Mayor City Clerk Date Approved 2 13

14 March 22, 2017 A Special Meeting of the Council of the City of Manassas, Virginia, for the purpose of conducting a closed meeting and budget work session, was called to order in the first floor conference room and moved to the second floor conference room at City Hall, on the above date with the following present on roll call: Mayor Harry J. Parrish II, Vice Mayor Marc T. Aveni, Council Members Sheryl L. Bass, Ian T. Lovejoy, Pamela J. Sebesky, and Mark D. Wolfe; City Manager W. Patrick Pate, Deputy City Manager Bryan Foster, Assistant to the City Manager/City Clerk Andrea P. Madden, City Attorney Martin R. Crim, and Economic Development Director Patrick Small. Mayor Parrish called the meeting to order at 5:30 p.m. Council Member Ken D. Elston arrived at 5:36 p.m. and entered the closed meeting. The City Clerk reported that the news media had been notified of the meeting in accordance with the Freedom of Information Act. The City Clerk read the Notice of Special Meeting acknowledged by all Council Members stating that the Special Meeting was called for the following purposes: 1. As per the attached agenda dated March 22, 2017; and 2. Other pertinent business for the operation of the City. 1) Authorize a Closed Meeting 1.1 Authorization of a Closed Meeting VICE MAYOR AVENI MOVED that the Council convene in a closed meeting to consult with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically East End Mobile Home Park, as permitted by Virginia Code Paragraph (7) (Part 2), for which the Virginia Freedom of Information Act permits discussion in a closed meeting. Seconded by Council Member Bass. Roll call vote: AYES Aveni, Bass, Lovejoy, Sebesky, and Wolfe. ABSENT Elston. MOTION CARRIED. Mayor Parrish announced that the Mayor and City Council, the City Manager, the Deputy City Manager, the City Attorney, and the Economic Development Director would be included in the closed meeting discussion. The City Council retired to the closed meeting at 5:31 p.m. Following the certification of the closed meeting, the City Council continued the Budget Work Session in the second floor conference room with the following staff members present: Finance and Administration Director Paul York, Budget Manager Diane V. Bergeron, Police Chief Doug Keen, and Fire and Rescue Chief Rob Clemons. 1 14

15 March 22, ) Certify the Closed Meeting 2.1 Certification of a Closed Meeting VICE MAYOR AVENI MOVED that the Council certify that, in the closed meeting just concluded, nothing was discussed except the matter (1) specifically identified in the motion to convene in a closed meeting and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion. Seconded by Council Member Sebesky. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. The City Council returned from the closed meeting at 5:52 p.m. 3) Work Session: Discussion Items 3.1 Discussion of Debt Service / Davenport Study 3.2 City Council Questions & Answers / Follow-Up W. Patrick Pate, City Manager, briefly reviewed a comparison of potential tax impacts, specifically an increase of 5.1 cents versus 3.0 cents, prepared by Davenport & Company. 4) Action Items 4.1 Establish and Approve an Advertised Tax Rate COUNCIL MEMBER BASS MOVED that staff advertise a not-to-exceed tax rate of $1.450, which includes the City Manager s proposed tax rate of $1.420 and an additional $0.03 for debt service to fund the CIP. Seconded by Council Member Elston. Roll call vote: AYES Aveni, Bass, Elston, Lovejoy, Sebesky, and Wolfe. MOTION CARRIED. A motion was duly made, seconded and CARRIED UNANIMOUSLY to adjourn the meeting. Mayor Parrish declared the meeting adjourned at 6:14 p.m. Mayor City Clerk Date Approved 2 15

16 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: March 27, 2017 Time Estimate: Agenda Title: Recommendation: Motion: Consent Agreement: Annual Limited License for the Use of the E.G. Smith Baseball Complex by the Greater Manassas Baseball League Approve and Authorize the Mayor to Sign the Agreement If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that the Annual Limited License for the Use of the E.G. Smith Baseball Complex by the Greater Manassas Baseball League be approved and that the Mayor be given authorization to sign the License. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: The Greater Manassas Baseball League is provided with a limited express license annually to operate at the E.G. Smith Ball Fields. The terms have not changed from last year. N/A None Christen Zenich, Neighborhood Recreation Supervisor czenich@manassasva.gov (703)

17 City of Manassas Department of Community Development LIMITED EXPRESS LICENSE THIS LICENSE made this 27 th day of March 2017, by and between the CITY OF MANASSAS, a Municipal Corporation of the Commonwealth of Virginia ( City ), and the GREATER MANASSAS BASEBALL LEAGUE, INC., a Virginia Corporation ( GMBL ), for the promotion of youth baseball activities and use of the E.G. Smith Baseball Complex. This License shall replace and supersede those previously signed. WITNESSETH That for and in consideration of the mutual promises and undertakings hereinafter set forth, and subject to the limitations, conditions and restrictions hereinafter provided, the City hereby grants permission or authority to GMBL to use the E.G. Smith Baseball Complex located at the intersection of Nokesville Road and Godwin Drive (the Complex ) for the purposes hereinafter set out and for the term hereinafter stated as follows: 1. GMBL shall without possessing any estate or interest therein, have exclusive use of the Complex for the purpose of playing/sponsoring baseball and softball games or practice. When scheduling the fields, GMBL will coordinate with City maintenance staff to permit adequate access to perform routine and special turf maintenance tasks. 2. The parties agree that currently there are two playing seasons i.e. (i) April 1 through August 31 and (ii) September 1 through November 30. Page 1 of 6 March 8,

18 City of Manassas Department of Community Development 3. The City agrees to waive per hour per field user fee for the use of the E.G. Smith Complex only in recognition of the amount of maintenance that the league is putting into the facility. GMBL shall still be responsible for a user fee for the use of any other field use in the City at the published rate. 4. GMBL is authorized to and hereby agrees to use and maintain the building containing a refreshment stand, rest rooms, and storage room, which building will be under the exclusive control of GMBL. GMBL agrees to be responsible for maintenance of the said building. GMBL shall provide such supplies as may be needed for the use of the same. City shall not be required to furnish towels, soap, equipment or any other supplies. GMBL assumes full responsibility for the security of the said building and restrooms occupied by it and agree that any property brought to the Complex shall be at the risk of the owner of the property brought to the Complex or GMBL. 5. GMBL agrees to pay the cost of keeping the grounds of the Complex free of trash, litter and debris including for weekend tournaments. City will provide a commercial trash dumpster of a suitable size that will be emptied two (2) times per week. GMBL agrees to maintain the grounds of the Complex to the extent of mowing inside the exterior fence. The City remains responsible for maintaining the exterior fence and mowing those areas outside of the exterior fence, primarily right-of-way and other public utility areas. The City will seed and fertilize the grounds of the complex once in the spring and once in the fall and will work with GMBL to mitigate long term drainage issues on Field 6. Page 2 of 6 18

19 City of Manassas Department of Community Development 6. GMBL agrees to assume responsibility for the cost of water, sewer and electric service (utilities). The City Utilities Department shall waive the minimum demand charge for the utilities during the months of Jan, Feb, March, and December as long as there is no consumption during those months. The City certifies that the utilities are in good working order and assumes responsibility for infrastructure repair and replacement including all pipes, poles, replacement light bulbs, etc. GMBL will provide and maintain portable rest room facilities at no cost to the City. 7. GMBL shall put in force and maintain during the period of this license fire and extended coverage insurance at minimum in the amount of Thirty Thousand Dollars ($30,000.00) upon the building together with public liability and property damage insurance with combined limit of Two Million Dollars ($2,000,000.00) and to include City as an additional insured on all such polices. 8. GMBL shall indemnify and save harmless and provide defense for the City, its agents, officials, and employees from all liability, damages, expenses, causes of action, suits, claims or judgments which may accrue against, be charged to recovered from or sought to be recovered from the City, its agents, officials and employees by reason of or on account of damages to the property of the GMBL or damages to the property of, injury to, or death of any person arising from the GMBL s use and occupancy of the Complex property which property damage, injury or death is caused by the negligence or other wrongful acts or omissions of GMBL or any of its agents, volunteers or employees. The GMBL shall secure and maintain, at its own expense, the Page 3 of 6 19

20 City of Manassas Department of Community Development kinds and amounts of insurance that in its judgment may be necessary for the proper protection of the City beyond that required in Paragraph 5 above. The GMBL shall provide evidence of insurance pursuant to items 5 and 6 above to the City with this signed agreement. 9. City authorizes GMBL, upon written request, to complete such additional permanent development of the Complex, including bleachers, lights, benches, and dugouts, etc, as GMBL may propose, subject to written approval by City as to location, construction, type and material and such other requirements as City may include respecting insurance or other protective specifications. Such approved permanent construction shall become fixtures and thereafter City property. 10. GMBL shall not conduct any pregame activities, other entertainment or promotional event, involving explosives, dangerous machinery or equipment of a hazardous nature, or which would violate any State, federal or local law or ordinance. GMBL agrees to abide by all applicable State laws, City ordinances and rules and regulations of the City applicable or respecting the use of the Complex property, including the utilization and management of the Complex as a Drug Free and Weapon Free Zone, and any permit or limitations required by the Health Director of Prince William Health District to operate a concession stand at a youth athletic activity. 11. GMBL shall present City with evidence that it has obtained a permit from the Health Director of the Prince William Health District as required by City Code Section 70-34, so long as it operates a concession stand at the Complex. Page 4 of 6 20

21 City of Manassas Department of Community Development 12. GMBL shall not subject or assign, in whole or part, any of the rights granted it herein without written consent of the City except that GMBL may make the fields available for others in the community. 13. Term of License. This license between the City and GMBL shall be for the period of one (1) year from the date hereof. Either party shall have the right to terminate this license at any time upon one hundred eighty (180) notices in writing. Although this license is for a term of one (1) year only, City agrees that renewal for additional terms of one (1) year will be considered six (6) months prior to the expiration hereof subject to such terms and conditions as may then be appropriate. City authorizes, and directs that pursuant to its authority under Section (2) of the City Code, GMBL shall be permitted to erect, or have erected, on the inside facing of the Complex fencing, a sign, approved by the City Manager as may be appropriate for display and advertising 14. Responsible Parties The City recognizes that the responsibility party for this license agreement and any charges incurred under this agreement is the responsibility of the Greater Manassas Baseball League, Inc. and not individual members of the board of directors. 15. Administration - For the purposes of administration of this Agreement, the City shall be represented by the City Manager or his/her designee(s.) GMBL shall be represented by the President of the Board of Directors or his/her designee(s). Page 5 of 6 21

22 City of Manassas Department of Community Development Designees shall be named by the beginning of the spring season for the upcoming year to facilitate communication between the parties. CITY OF MANASSAS, a Municipal Corporation Attest: Andrea P. Madden City Clerk By: Harry J. Parrish II Mayor GREATER MANASSAS BASEBALL LEAGUE, INC., a Virginia Corporation 2017 GMBL Executive Board By: Name and Title, date Name and Title, date Name and Title, date Name and Title, date Page 6 of 6 Name and Title, date 22

23 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: March 27, 2017 Time Estimate: Agenda Title: Recommendation: Motion: Consent Agenda Ordinance #O : Personal and Real Estate Interest Disclosures (First Reading) Approve Ordinance #O on First Reading If approved as part of the Consent Agenda: I move that the Consent Agenda be approved and the readings of the ordinances dispensed. If removed from the Consent Agenda: I move that Ordinance #O be approved on first reading. Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: December 8, 2014 The City Council of the City of Manassas has determined that it is in the best interest of the City of Manassas to amend the Personal and Real Estate Interest Disclosure Ordinance, Chapter 2, Article IV, Division 2, by revising Section and repealing Section of the Manassas City Code of Ordinances in order to bring the city s financial interest disclosure requirements into compliance with the State and Local Government Conflict of Interest Act, Code of Virginia Sections , et seq. Personnel Committee March 16, 2017 (Recommended Approval 2/0) N/A Martin R. Crim, City Attorney mcrim@vfnlaw.com Andrea P. Madden, Assistant to the City Manager / City Clerk amadden@manassasva.gov (703)

24 ORDINANCE #O First Reading Second Reading Enacted Effective AN ORDINANCE TO AMEND SECTION AND TO REPEAL SECTION OF THE CODE OF ORDINANCES OF THE CITY OF MANASSAS, VIRGINIA RELATING TO PERSONAL AND REAL ESTATE INTEREST DISCLOSURES WHEREAS, the City Council of the City of Manassas (hereinafter City Council ) has determined that it is in the best interest of the City of Manassas to amend the Personal and Real Estate Interest Disclosure Ordinance, Chapter 2, Article IV, Division 2, by revising Section and repealing Section of the Manassas City Code of Ordinances in order to bring the city s financial interest disclosure requirements into compliance with the State and Local Government Conflict of Interest Act, Code of Virginia Sections , et seq.; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of, 2017: 1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by revising Section 2-162, as follows: Sec Applicability of disclosure requirement; filing date (a) In accordance with Code of Virginia Sections (A) and (G) and , the following individuals are required to file the appropriate disclosure statements with the City Clerk: (1) The mayor and members of the city council; (2) The commissioner of the revenue and real estate assessors; (3) The city treasurer; (4) Directors of the Economic Development Authority; (5) Members of the city planning commission; (6) Members of the city board of zoning appeals; (7) The city manager; (8) The City s appointees to the Upper Occoquan Sewage Authority (UOSA). (b) In accordance with Code of Virginia Section (B), the City Council designates the following individuals to file disclosure statements: (1) Members of the city Architectural Review Board. 1 24

25 2. That Section of the Code of Ordinances, City of Manassas, Virginia (2002) is hereby repealed. 3. This ordinance shall take effect upon second reading. BY ORDER OF THE COUNCIL ATTEST: Harry J. Parrish, II, Mayor On Behalf of the City Council of Manassas, Virginia Andrea P. Madden, City Clerk MOTION: SECOND: RE: ACTION: Date: Regular Meeting Ord. No. O Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 2 25

26 ORDINANCE #O First Reading Second Reading Enacted Effective AN ORDINANCE TO AMEND SECTION AND TO REPEAL SECTION OF THE CODE OF ORDINANCES OF THE CITY OF MANASSAS, VIRGINIA RELATING TO PERSONAL AND REAL ESTATE INTEREST DISCLOSURES WHEREAS, the City Council of the City of Manassas (hereinafter City Council ) has determined that it is in the best interest of the City of Manassas to amend the Personal and Real Estate Interest Disclosure Ordinance, Chapter 2, Article IV, Division 2, by revising Section and repealing Section of the Manassas City Code of Ordinances in order to bring the city s financial interest disclosure requirements into compliance with the State and Local Government Conflict of Interest Act, Code of Virginia Sections , et seq.; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of, 2017: 1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by revising Section 2-162, as follows: Sec Applicability of disclosure requirement; filing date (a) Semiannually, on or before June 15 and December 15 of each year, and in any case prior to assuming office of employment, any officer, employee, agent or consultant required to disclose personal and real estate interests as set forth in the Code of Virginia, specifically and , shall file the appropriate and required forms with the city clerk. The city clerk shall forward the forms to the Virginia Conflict of Interest and Ethics Advisory Council as prescribed by law. In accordance with Code of Virginia Sections (A) and (G) and , the following individuals are required to file the appropriate disclosure statements with the City Clerk: (1) The mayor and members of the city council; (2) The commissioner of the revenue and real estate assessors; (3) The city treasurer; (4) Directors of the Economic Development Authority; (5) Members of the city planning commission; (6) Members of the city board of zoning appeals; (7) The city manager; (8) The City s appointees to the Upper Occoquan Sewage Authority (UOSA). 26

27 (b) The following city officers and employees shall be required to file the appropriate disclosure forms semiannually or annually with the city clerk: In accordance with Code of Virginia Section (B), the City Council designates the following individuals to file disclosure statements: (1) Members of the city Architectural Review Board. (1) The mayor and members of the city council. (2) Members of the city planning commission. (3) Members of the city board of zoning appeals. (4) The city manager. (5) The commissioner of the revenue and real estate assessors. (6) The city treasurer. (7) Members of the economic development authority. (8) Members of the Upper Occoquan Sewage Authority (UOSA) Board. (c) In addition, any city officer, employee, agent or consultant, not specifically identified in subsection (b) of this section, who is engaged in decision-making responsibility relating to recommending, award and administration of public contracts shall file a disclosure form at the time of any procurement. 2. That Section of the Code of Ordinances, City of Manassas, Virginia (2002) is hereby repealed. 3. This ordinance shall take effect upon second reading. BY ORDER OF THE COUNCIL ATTEST: Harry J. Parrish, II, Mayor On Behalf of the City Council of Manassas, Virginia City Clerk 27

28 MOTION: SECOND: RE: ACTION: Date: Regular Meeting Ord. No. O Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 28

29 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: March 27, 2017 Time Estimate: Agenda Title: Recommendation: Motion: Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: 5 minutes Ordinance #O : Animal Ordinance (First Reading) Approve Ordinance #O on first reading. I move that Ordinance #O amending the Animal Ordinance be approved on the first reading. October 25, 2006 As part of our periodic review of City ordinances, the Attorney s office and the Police Department have updated the animal ordinance to be consistent with state law. In addition, the amended animal ordinance includes a new provision that addresses the tethering of animals, a revised animal noise provision, a provision that addresses feeding stray animals, a provision that requires permits and inspections for pet shops, and a provision for dog licenses for the life of the dog. The lifetime licenses provision has a delayed effective date to permit the Treasurer s office to amend its forms and procedures. None None Martin R. Crim, City Attorney mcrim@vfnlaw.com (703) Douglas W. Keen, Chief of Police Manassas City Police dkeen@ci.manassas.va.us (703)

30 ORDINANCE #O First Reading Second Reading Enacted Effective AN ORDINANCE TO AMEND THE ANIMAL ORDINANCE, CHAPTER 18, ARTICLES I THROUGH VI OF THE CODE OF ORDINANCES OF THE CITY OF MANASSAS, VIRGINIA WHEREAS, the City Council of the City of Manassas (hereinafter City Council ) has determined that it would be in the best interest of the citizens of the City of Manassas to amend the Animal Ordinance, Chapter 18, Articles I through VI of the Code of Ordinances; and WHEREAS, City Council has determined that amending the Animal Ordinance will promote the responsible care and restraint of animals by their owners and custodians, reduce the number of citizen complaints relating to animals, and provide comprehensive laws and regulations related to the governance, care and well-being of animals. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of, 2017: 1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by amending the Animal Ordinance, Chapter 18, Articles I through VI of the Manassas City Code of Ordinances as follows: ARTICLE 1. IN GENERAL Sec Definitions. The words, terms and phrases used in this chapter shall have the meanings ascribed to them in Code of Virginia , , , , , , and , including any future amendments thereto, except where the context clearly indicates a different meaning. In addition, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Animal Shelter means, unless the context requires otherwise, any facility operated by the City of Manassas Police Department for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purposes under a contract with the city. 30

31 Cat means every cat regardless of sex or age. Dangerous domestic animal means an animal which has bitten, attacked, or inflicted injury on a person or companion animal or killed a companion animal. It shall also include any animal designated as such by the animal control officer on the basis of the animal s propensity to attack. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) if both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dog means every dog regardless of sex or age, including canine crossbreeds. Domesticated fowl means any chicken, turkey, duck, goose, pheasant or peacock. Endangered or threatened species means any creature so designated under federal law (16 USC ch. 35; 50 CFR 17.1 et seq.). Pet shall mean any animal kept for pleasure rather than utility. To run at large, running at large, to go at large and going at large mean to roam, run or selfhunt off the property of the owner or custodian without being caged, physically carried or held by a leash and under the control of a person capable of both physically and mentally controlling the animal. Vicious domestic animal means an animal which has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court or by an animal control officer that it is a dangerous domestic animal, provided that its owner has been given notice of that finding. 2 31

32 Wild or exotic animal means any animal except a dog, cat, hamster, gerbil, guinea pig, mouse, ferret, turtle, nonpoisonous snake less than seven feet in length, nonpoisonous lizards and iguanas less than seven feet in length, domesticated rabbit, laboratory rat, bird, fish, horse, mule, cow, swine, sheep or goat. Sec Enforcement. The enforcement of this chapter shall be the responsibility of the animal control officer, who shall be vested with all the powers and duties vested in animal control officers pursuant to Code of Virginia, et seq., and the responsibility of the deputy animal control officer and humane investigators. The city police shall have authority to act in any emergency situations. Sec Burial or cremation of dead animals or fowl. (a) 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 city from the owner his cost for this service. (b) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. Proper disposition of any animal or fowl shall be made within 72 hours of capture. (c) It shall be unlawful for any owner to fail to dispose of the body of his companion animals in accordance with this section. Sec Cruelty to animals. (a) Any person who: (1) Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; 3 32

33 (2) Deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (3) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for a therapeutic purpose; (4) Ropes, lassoes, or otherwise obstructs or interferes with one or more legs of an equine in order to intentionally cause it to trip or fall for the purpose of engagement in a rodeo contest, exhibition, entertainment, or sport unless such actions are in the practice of accepted animal husbandry or for the purpose of allowing veterinary care; (5) Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (6) Carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (7) Causes any of such things, or being the owner of such animal permits such acts to be done by another; shall be guilty of a Class 1 misdemeanor. (b) Any person who: (1) Tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another; or (2) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of any kind, unless such administration of drugs or medications is under the supervision of a licensed veterinarian and solely for therapeutic purposes; or (3) Ropes, lassoes, or otherwise obstructs or interferes with one or more legs of an equine in order to intentionally cause it to trip or fall for the purpose of 4 33

34 engagement in a rodeo, contest, exhibition, entertainment, or sport unless such actions are in the practice of accepted animal husbandry or for the purpose of allowing veterinary treatment; or (4) Maliciously deprives any companion animal of necessary food, drink, shelter, or emergency veterinary treatment; (5) Instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in subsection (b)(1) through (b)(iv); or (6) Causes any of the actions described in subsections (b)(1) through (b)(3), or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or subsection (a), shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or subsection (a) resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a). (c) (d) (e) (f) (g) Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner. For the purposes of this section, the word "animal" shall be construed to include birds and fowl. In addition to the penalties provided in subsection (a) of this section, the court may, in its discretion, require any person convicted of a violation of subsection (a) of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. Except where felony penalties apply under state law, the first violation of this subsection by any person shall constitute a Class 1 misdemeanor. Any person who: 5 34

35 (1) Tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another; and (2) As a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. (h) If a dog or cat is attacked on its owner s property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. (i) Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals. Sec Seizure and impoundment of animals. A. Any humane investigator, law-enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. The seizure or impoundment of an equine resulting from a violation of clause (iii) of subsection A or clause (ii) of subsection B of may be undertaken only by the State Veterinarian or State Veterinarian's representative who has received training in the examination and detection of sore horses as required by 9 C.F.R. Part B. Before seizing or impounding any agricultural animal, the humane investigator, lawenforcement officer or animal control officer shall contact the State Veterinarian or State Veterinarian's representative, who shall recommend to the person the most appropriate action for effecting the seizure and impoundment. The humane investigator, law-enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The humane investigator, law-enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if: 6 35

36 1. The owner or tenant of the land where the agricultural animal is located gives written permission; 2. A general district court so orders; or 3. The owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained. If there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the location of impoundment, and any other information required by the State Veterinarian. C. Upon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county where the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care. D. The humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held. E. 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 ( et seq.) of Chapter 15 of Title The Commonwealth shall be required to prove its case beyond a reasonable doubt. F. The humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may require the owner of 7 36

37 any animal held pursuant to this subsection for more than thirty days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set by ordinance, not to exceed nine months. G. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care. The court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person. H. The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care. I. The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical condition. J. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating or In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition. K. Any person who is prohibited from owning or possessing animals pursuant to subsection I or J may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist. L. When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund. M. Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, lawenforcement officer, animal control officer, or licensed veterinarian. 8 37

38 Sec Beekeeping in residential districts. (a) No person owning, leasing, occupying or having charge of any premises within any residential district as defined in City Code shall maintain an apiary or keep any bees or hive of bees thereon, unless the location of such bees or hive of bees shall be more than 20 feet from the closest adjoining property line, building, street, road or way or property line of any public park or any public outdoor recreational area, and no less than 50 feet from the nearest dwelling or other place of habitation, other than that of the owner or keeper of such bees or hive of bees. (b) A violation of this section shall constitute a Class 1 misdemeanor. Sec Allowing animals to urinate or defecate on public property or property of another. It shall be unlawful for any person knowingly or willingly to allow any animal belonging to that person to urinate or defecate on any public property, or the private property of another without the consent of the owner of the property or his agent, provided that it shall not be unlawful to allow urination or defecation by such animal within the curb or gutter area of a public street or roadway, and provided that defecation by an animal on public property shall not be unlawful if the owner of the animal removes the animal's excrement immediately and disposes of it in a public trash receptacle or in a public sanitary sewer, or on the owner's own property in a lawful manner. Sec Animals causing unsanitary conditions or odors. It shall be unlawful for any person who owns, keeps or controls any animal to keep that animal in such a manner as to cause unsanitary conditions, or in such manner as to cause offensive odors beyond the boundary of that person's own property. It shall be unlawful for any person to knowingly or recklessly leave food outside for the purpose of feeding stray animals if doing so results in unsanitary conditions or attracts wildlife, with the exception of birds. Prior to prosecution for any offense under this ordinance, the offender shall be given a written warning for the first occasion where a violation is reported 9 38

39 and then observed by an enforcement officer. The written warning shall be addressed to the owner of the property upon which the food is found. Sec Noisy animals. (a) (b) (c) It shall be unlawful to own, keep, possess or harbor any animal which howls, barks, yelps, meows, squawks or makes such other noises or vocalizations for more than ten consecutive or non-consecutive minutes from 7:00 a.m. and 11:00 p.m., or fifteen consecutive or non-consecutive minutes from 11:00 p.m. and 7:00 a.m., if the noise generated by the animal is plainly audible or discernible (i) at a distance of 50 feet across real property boundaries, or (ii) through partitions common to residential dwellings. This provision shall not apply when the animal is a police dog that is engaged in the performance of its duties at the time of making the sound, and it shall not apply to any bona fide agricultural activity. A second or subsequent conviction for a violation of this section involving the same animal may result in the animal being seized and impounded. Secs Tethering (a) It shall be unlawful to attach an animal to a stationary object by means of a chain, rope, tether, leash, cable or similar restraint: 1) when so doing endangers the animal s life, health, safety or well-being; 2) when so doing exposes the animal to unsafe, inhumane, cruel or unsanitary conditions; 3) when a weather advisory or warning is issued by the federal, state or local authorities, or when outdoor conditions (extreme hot, cold, wind, rain, snow or hail) pose an adverse risk to the health or safety of the animal; 10 39

40 4) when the animal cannot reach food, water, shade or dry ground; or 5) when so doing prevents the animal from escaping harm. (b) It shall be unlawful for a person to intentionally, knowingly or recklessly tether, fasten, tie or restrain an animal to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, prong collar, or a collar that is smaller than the circumference of the animal s neck plus one inch. (c) The first conviction for violation of this subsection shall be punished as a Class 3 misdemeanor. However, a second conviction for a violation of this subsection, whether or not involving the same dog, within one year after conviction of the first violation, shall be punished as a Class 2 misdemeanor. The third and each subsequent conviction for a violation of this subsection, whether or not involving the same dog, within one year after conviction of the first violation, shall be punished as a Class 1 misdemeanor. ARTICLE II. - RABIES CONTROL Sec Vaccination. (a) (b) (c) The owner or custodian of all dogs and cats four months of age and older shall have them 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 United States 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. Any person transporting a dog or cat into the city from some other jurisdiction shall be required to conform with this section within 30 days. The supervising veterinarian on the premises shall provide the owner of the dog or of the cat with a suitable and distinctive rabies tag and a certificate of vaccination 11 40

41 setting forth the type of vaccine used, the date of inoculation, a brief description of the dog or cat, its sex and breed, and the name of the owner thereof. A copy of the vaccination certificate shall be retained by the supervising veterinarian or other person authorized. (d) (e) A certificate issued under this section shall be carefully preserved by the owner of the dog or of the cat, who shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law enforcement officer, Commonwealth veterinarian's representative, or official of the Commonwealth department of health, the certificate of vaccination for such dog or cat. It shall be unlawful for the owner of any dog or cat to allow such dog or cat to run at large within the city without being inoculated or vaccinated against rabies. Sec Emergency declaration of quarantine. (a) (b) When, in the judgment of the health director, an emergency exists in the city, due to a widespread rabies epizootic, for the protection of public health, the health director may declare a quarantine in the city and restrict all dogs and cats to their owner's premises and to the immediate custody of a responsible person, either or both, for the duration of such emergency as is set forth. Any person who has been directed by the animal control officer, the health director, or both to confine any animal in accordance with the provisions of this article to prevent the potential spread of rabies, and who disobeys that direction shall be guilty of a Class 1 misdemeanor. Sec Procedure when animal bites person. (a) The owner of an animal which has bitten a person or any person having knowledge of any animal which has bitten a person shall immediately notify the animal control officer or the police department. The animal control officer shall immediately examine such animal, and he, at his discretion, or the health director, at his discretion, shall: (1) Confine the animal in a strong enclosure on the owner's premises, and isolated from all other animals and persons, for a period of ten days, unless the animal develops active symptoms of rabies or expires before that time; 12 41

42 (2) Impound or board the animal, at the owner's expense, with a licensed kennel or veterinarian hospital, for ten days, unless the animal develops active symptoms of rabies or expires before that time; (3) Impound the animal in the city animal shelter, at the owner's expense, for a period of ten days, unless the animal develops active symptoms of rabies or expires before that time; or (4) Confine the animal under competent observation at some other site as may be approved by the health department for ten days; unless the animal develops active symptoms of rabies or expires before that time. (b) (c) (d) A seriously injured or sick animal may be humanely euthanized as provided in Code of Virginia If a dog or cat is confined pursuant to this section, and the owner of the animal has no proof of a current rabies vaccine for that animal at the time the animal exposed a person to rabies, then the animal shall be inoculated immediately at the end of the period of confinement. If the animal has been confined to a veterinarian hospital, then the animal shall be inoculated before it is released to its owner. If the animal has been confined in a kennel, or at the county animal shelter, or on the owner's premises, or under competent observation, then the owner must, within two weeks of the release of the animal, present to the animal control officer a valid certificate of rabies vaccination for that animal to the animal control officer. Failure to do so constitutes knowing possession of an unvaccinated dog or cat. At the end of the period of confinement under this section, if the animal has not developed active symptoms of rabies, it may be released to its owner. If the animal was confined at the animal shelter, the owner will pay the impoundment fee and daily charges prescribed by the animal shelter, whether the owner redeems the animal or not. If the animal was confined in a kennel or veterinarian hospital, the owner shall pay the standard boarding fee charged by such kennel or hospital, plus a fee to the city in accordance with a fee schedule established by an uncodified ordinance enacted by the city council if the animal was delivered to the kennel or hospital by city personnel. Should an animal confined under this section expire prior to expiration of the ten-day confinement period, the owner shall still be required to pay confinement costs to the date of expiration, and the 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

43 Sec Report of existence of rabid animal. 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 police department, animal control division, or the health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies. Sec Confinement or euthanization of dog or cat suspected of having rabies. Any dog or cat found within the city showing active signs of rabies or suspected of having rabies shall be forthwith taken into custody by the animal control officer or a police officer and confined under competent observation for such a time as may be necessary to determine a diagnosis. If, in the discretion of the animal control officer, 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 Code of Virginia , and the head or brain shall be delivered to the Division of Consolidated Laboratory Services of the Department of General Services or be tested as directed by the local health department. Sec Confinement or euthanization of dog or cat exposed to rabies. Any dog or cat, for which no proof of current rabies vaccination is available, and which is 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 believed to be afflicted with rabies, shall be confined in an animal shelter, kennel or enclosure approved by the 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 animal control officer; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the Commonwealth veterinarian as provided in Code of Virginia A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of confinement. 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 a valid rabies vaccination, shall be revaccinated immediately following the bite or other exposure and shall be confined to the premises of the owner, or other site as may be approved by the health department, for a period of 45 days. Sec Concealing animal to prevent confinement or euthanization

44 It shall be unlawful for any person to conceal any dog or cat or other animal to keep the animal from being euthanized or confined in accordance with this article. Secs Procedure when animal other than a dog or cat exposes person or another animal other than a dog or cat to rabies. (a) (b) When any potentially 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, that animal shall be confined at the discretion of the animal control officer or director of the local health department in a manner approved by the state health department or humanely euthanized as provided in Code of Virginia The head or brain of a euthanized animal shall be kept and evaluated by the health department, or sent to the Division of Consolidated Laboratory Services of the Virginia Department of General Services for evaluation. When any animal, other than a dog or cat, believed to be afflicted with rabies, exposes another animal, other than a dog or cat, to rabies through a bite or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, that newly exposed animal shall be confined at the discretion of the animal control officer or local health director in a manner approved by the health department or humanely euthanized. ARTICLE III. - DOGS AND CATS DIVISION 1. - GENERALLY Sec Running at large prohibited; sterilization of animals found running at large. (a) (b) It shall be unlawful for the owner of any dog to allow such dog to run at large within the city, even though the dog is both lawfully licensed and vaccinated. Upon a person's being convicted for a third time in a 24-month period with the offense of allowing a dog to run at large, the fine shall not be prepayable, and the animal control officer shall provide written notice to the owner (if known to the animal control officer) that the dog must be sterilized, if it has not already been. The owner must arrange for a veterinarian to have the dog sterilized or provide the animal control officer with a notarized statement of a veterinarian identifying the dog and stating that it has been sterilized. The animal control officer shall keep the dog in his custody until the sterilization or proof of sterilization occurs unless, in the animal control officer's reasonable opinion, the dog owner can adequately confine 15 44

45 the dog and will sterilize it or provide proof of sterilization. If the owner does not arrange for sterilization, provide proof of sterilization, or demand trial on the charge of running at large within five days after receiving the written notice, the dog shall be deemed abandoned and the animal control officer may dispose of the animal in any lawful manner. The written notice to the owner shall include this section, and shall state the penalty for its violation. (c) If the owner is acquitted of the running at large offense, the dog shall be released to him without being sterilized. If the owner is convicted, and does not provide proof of sterilization, the court shall order him to pay the cost of the dog's sterilization, and the animal control officer shall deliver the dog to a veterinarian for sterilization. Sec City Animal Shelter; confinement and disposition of stray animals. (a) (b) (c) It shall be the duty of the animal control officer and any police officer to seize and impound any dog found running at large in violation of section 18-61, or any dog of unknown ownership that is found to be unlicensed in violation of section 18-81, or any dog or cat which has not been vaccinated as required by section A dog or cat confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the dog or cat is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the animal shelter shall make a reasonable effort to ascertain whether the dog or cat has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the dog or cat, the dog or cat shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the dog or cat can be readily identified, the operator or custodian of the animal shelter shall make a reasonable effort to notify the owner of the dog's or cat's confinement within the next 48 hours following its confinement. The rightful owner may redeem such dog or cat upon proof of ownership, vaccination and licensing of the dog or cat, where necessary to comply with this chapter, and payment to the city of the expenses incurred in keeping the dog or cat impounded, at a rate to be set by the city manager, which rate may provide for one charge for the first day or fraction thereof and a lesser charge for each additional day, but in no case shall the daily rate exceed the city's actual costs of boarding the dog or cat. The city manager shall publicly announce at a regular council meeting any change in the rate before the rate goes into effect. If a dog or cat confined pursuant to this section has not been claimed upon expiration 16 45

46 of the appropriate holding period as provided by subsection (b) of this section, it shall be deemed abandoned and become the property of the animal shelter. If such abandoned animal did not, when delivered to the animal shelter, bear a collar, tag, license, tattoo, or other form of identification, it may be humanely euthanized or disposed of by: 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 ; (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

47 (d) (e) (f) (g) (h) (i) The animal shelter shall not deliver more than two dogs or cats or a family of dogs or cats during any 30-day period to any one person under subsection (c)(2), (3), or (4). If a dog or cat is required to be sterilized prior to adoption pursuant to subsection (5) of this subsection, the shelter may require that the sterilization be done at the expense of the person adopting the dog or cat. Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned dog or cat for humane purposes. Any dog or cat euthanized pursuant to the provisions of this section shall be euthanized by one of the methods prescribed or approved by the State Veterinarian. Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subsections (c)(1) through (5) of this section of an animal that has been delivered voluntarily or released to an animal shelter, animal control officer, or humane society by the animal s rightful owner after the rightful owner has, in writing, surrendered all property rights in such dog or cat and 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 dog or cat may be immediately euthanized or disposed of by the methods listed in subsections (c)(1) through (5) of this section. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the dog or cat, 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 certification of the disinterested person shall be kept with the animal as required by Code of Virginia For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal to the facility. Nothing in this section shall relieve any owner or keeper of a dog or cat from paying any fine or penalty that may be otherwise provided for the violation of the state law or this chapter. The animal shelter shall be operated and maintained in accordance with Virginia law, and it shall be accessible to the public at reasonable hours during the week

48 (j) No person who acquires an animal from an animal shelter shall be able to sell the animal within a period of six months from the time the animal is acquired from the shelter. A violation of this ordinance is a class 1 misdemeanor. Sec Limitation on number of dogs and cats kept per dwelling unit; sanitary conditions required. (a) (b) (c) (d) (e) It shall be unlawful for any person to keep more than four dogs over four months of age or four cats over four months of age, or any combination of dogs and cats over four months of age, not to exceed four, in any dwelling unit, including the yard upon which it is situated, in the city unless authorized by the animal control officer for emergency rescue or foster care. This provision shall not apply to licensed veterinary hospitals or licensed kennels. Any person who, on February 27, 2002, is lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with this article. However, it shall be unlawful for any such person to keep any dog or cat acquired after February 27, 2002, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section. This section shall not apply to any person authorized to operate a kennel, as that term is defined in chapter 130, pertaining to zoning. Upon the death or other disposition of any dog or cat in excess of the number permitted under subsection (a) of this section, the owner shall be required to be in compliance with the applicable limitation. The structure or building in which any dogs and cats are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects. Secs Leash Requirement (a) No dog shall run unrestricted in the city as defined in Section Any person who is the owner or custodian of a dog found unrestricted in the city shall be in violation of this Section. This Section shall not apply to any person who uses a dog under his direct supervision: 19 48

49 (1) while lawfully hunting, (2) while engaged in a supervised formal obedience training class or show, (3) during formally sanctioned field trials, (4) while a dog is in an area owned, leased, controlled, or operated and designated by the city as an off-leash dog exercise area, (5) if a dog is a service animal whose handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe effective performance of work or tasks, and the service animal is otherwise under the handler's control (e.g., voice control, signals, or other effective means). (b) Any dog found unrestricted in violation of subsection (a) shall be held in the animal shelter, except that if the rightful owner of the dog can be immediately ascertained and located, then that owner shall be allowed to have custody of the animal, but shall be subject to issuance of a summons for violation of this Section. DIVISION 2. - LICENSE Sec Required. 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 city unless such dog is licensed as required by the provisions of this division. Sec Procedure for obtaining license. (a) (b) Any resident of the city may obtain a dog license by making oral or written application to the treasurer of the city, 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 licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the city and may require information to this effect from any applicant

50 (c) (d) (e) It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled. 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 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 year for which issued, the serial number of the tag, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein. 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. Sec Proof of rabies vaccination required; issuance of receipt and tag. (a) (b) (c) (d) A dog 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 the calendar year for which issued and bear a serial number. The tag may be stamped or otherwise marked to show the sex of the dog. No license tag shall be issued for any dog unless there is presented, to the treasurer or other officer of the city charged by law with the duty of issuing license tags for dogs, at the time application for license is made, evidence satisfactory to him showing that such dog 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. It shall be unlawful for any person to present such evidence for a dog other than that for which it was issued. The tag issued under this section shall be stamped or permanently marked to show the calendar year for which issued and bear a serial number. The receipt issued under this section shall contain the name and address of the owner or custodian of the dog, the date of payment of the license tax, the year for which issued and the serial number of the tag issued for the dog and the description of the dog for which the license is issued

51 Sec Preservation and display of receipts. Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal control officer or other officer. Sec Tag to be affixed to collar worn by dog. (a) (b) (c) Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. Any dog not wearing a collar bearing a valid license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this article the burden of proving the fact that such dog has been licensed or is not required to bear a tag at the time shall be on the owner or custodian of the dog. The owner of the dog may remove the collar and license tag required by this section when: (1) The dog is engaged in lawful hunting; (2) The dog is competing in a dog show or a cat show; (3) The dog has a skin condition which would be exacerbated by the wearing of a collar; (4) The dog is confined; or (5) The dog is under the immediate control of its owner. Sec Duplicate tags. If a dog 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, which the owner 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 22 51

52 the face of the original license receipt. The fee for a duplicate tag for any dog shall be in accordance with a fee schedule established by an uncodified ordinance enacted by the city council. Such fee shall be reported in the gross dog license collections under section Sec Term. Any resident of the city may obtain a dog license for the periods of one year or three years based on the certificate of vaccination. If the owner is able to provide proof of the dog's age as eight years or older, they may obtain a license that remains valid for the life of the dog, as long as there is a current vaccination certificate for the dog. All dog licenses issued for one or three years shall be for the calendar year(s), beginning with January 1 and ending with December 31, without proration. Sec Sales records and reports; destruction of unsold tags. The city treasurer shall enter in a dog license sales record the date of the sale of dog tags, including those for kennels, the names and addresses of persons to whom sold and the serial number, and shall keep an account of the amount of the license tax paid. The city treasurer shall keep a copy of such dog license sales record in numerical order and, at the close of the calendar year, shall file an annual report of such sales with the city manager. The city manager shall audit such records, accounts and unsold dog license tags, and authorize the city treasurer to destroy unsold tags. Sec Failure to pay license tax. (a) (b) (c) It shall be unlawful for any dog 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. 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 provided. It shall be unlawful for any person to conceal or harbor any dog on which any required license tax has not been paid. ARTICLE V. - WILD OR EXOTIC ANIMALS Sec Penalty

53 Any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor, except that any violation of section (b) shall be a Class 2 misdemeanor. For each animal, each day a violation of this article continues constitutes a separate offense. In addition, the court shall order that the defendant dispose of the animal in accordance with section (c). Any person who is convicted of a second or subsequent violation of this article shall be guilty of a Class 1 misdemeanor. Sec Keeping. (a) (b) (a) Prohibited; exceptions. No person shall keep or permit to be kept on his premises any live wild or exotic animal. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses or veterinary clinics which are properly licensed by the federal government or the Commonwealth. In no case, however, shall such wild or exotic animals be exhibited or displayed in such a manner that persons other than their handlers can pet, fondle or otherwise come in direct physical contact with such animals. Endangered or threatened animals. No person shall keep any endangered or threatened animal, live or dead, or any part thereof, except pursuant to an exemption or permit provided for in 16 USC Chapter 35, or in regulations under that chapter. Disposition of illegal animals. Any person who keeps a wild or exotic animals in contravention of this article shall dispose of the animal by removal of the animal from the city, by giving or selling the animal to a zoological park or by releasing the animal to the animal control officer. The animal control officer is authorized to release the animal to the wild, to a zoological park or to a responsible adult who shall remove the animal from the city or dispose of the animal in some humane manner. The animal control officer is not authorized to release the animal to any person who intends to use the animal for research purposes. ARTICLE VI. - DANGEROUS OR VICIOUS DOMESTIC ANIMALS DIVISION 1. - GENERALLY DIVISION 2. DOMESTIC ANIMALS Sec Penalties

54 Except where felony penalties apply under state law, the following penalties apply to violations of this division: (a) Any owner or custodian of any animal is guilty of a Class 2 misdemeanor if the animal was previously declared a dangerous or vicious domestic animal pursuant to this division, when such declaration arose out of a separate and distinct incident, and attacks and injures or kills a companion animal belonging to another person. (b) Any owner or custodian of an animal is guilty of a Class 1 misdemeanor if the animal was previously declared a dangerous or vicious domestic animal pursuant to this division, when such declaration arose out of a separate and distinct incident, and bites a human being or attacks a human being causing bodily injury. (c) The provisions of subsections (1) and (2) of this section 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. (d) The owner of any animal that has been found to be a dangerous or vicious domestic animal who willfully fails to comply with the requirements of this division is guilty of a Class 1 misdemeanor. Sec Procedure for determination that animal is dangerous or vicious. (a) (b) Issuance of summons. Any law enforcement officer or animal control officer who has reason to believe that an animal within the city is a dangerous or vicious domestic animal shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law enforcement officer successfully makes an application for the issuance of a summons, he or she shall contact the local animal control officer and inform him or her of the location of the animal and the relevant facts pertaining to that officer's belief that the animal is dangerous or vicious domestic animal. Confinement and production of the animal. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or 25 54

55 custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. (c) (d) Determination by the court. If, after hearing the evidence, the court finds that the animal is a dangerous or vicious domestic animal, the court shall order the animal's owner to comply with the provisions of this division. 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 ( et seq.) of chapter 15 of title 19.2 of the Code of Virginia (1950), as amended. The city shall be required to prove its case beyond a reasonable doubt. Conviction by the court. Upon conviction, the court may (i) order the dangerous or vicious domestic animal to be disposed of by the city pursuant to Code of Virginia or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which time the dangerous or vicious domestic animal 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 or vicious animal to be disposed of by the city pursuant to Code of Virginia The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous or vicious domestic animal from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. Sec Criteria for determination that animal is dangerous or vicious. (a) (b) No animal shall be found to be a dangerous or vicious domestic animal solely because it is a particular breed, nor is the ownership of a particular breed of animal prohibited. No animal shall be found to be a dangerous dog or vicious domestic animal if the threat, injury or damage was sustained by a person who was: (1) Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (2) Committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or 26 55

56 (3) Provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. (c) (d) 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 dangerous or vicious domestic animal. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous or vicious domestic animal. Sec Registration. (a) (b) The owner of any animal found to be a dangerous or vicious domestic animal shall, within ten days of such finding, obtain a dangerous domestic animal registration certificate from the animal control officer or treasurer for a fee established by an uncodified ordinance passed by the city council, in addition to other fees that may be authorized by law. The animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous or vicious domestic animal. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this section shall be renewed annually for a fee of $85 and in the same manner as the initial certificate was obtained. The animal control officer shall provide a copy of the dangerous animal registration certificate and verification of compliance to the state veterinarian. All dangerous animal registration certificates or renewals thereof required to be obtained under this division shall only be issued to persons 18 years of age or older who present satisfactory evidence: (1) Of the animal's current rabies vaccination, if applicable; (2) That the animal has been neutered or spayed; and (3) That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed

57 (c) Owners who apply for certificates or renewals thereof under this division shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (1) Their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous or vicious domestic animals on the property; (2) The animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation; and (3) The owner has liability insurance coverage, to the value of at least $100,000.00, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100, (d) (e) The owner of any dog found to be a dangerous or vicious domestic animal shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under Code of Virginia , within 45 days of such a finding by a court of competent jurisdiction. The owner of any animal found to be dangerous or vicious domestic animal shall cause the city's animal control officer to be promptly notified of: (1) The names, addresses, and telephone numbers of all owners; (2) All of the means necessary to locate the owner and the animal at any time; (3) Any complaints or incidents of attack by the animal upon any person or cat or dog; (4) Any claims made or lawsuits brought as a result of any attack; (5) Tattoo or chip identification information or both; (6) Proof of insurance or surety bond; and (7) The death of the animal. Sec Confinement

58 While on the property of its owner, an animal found to be a dangerous or vicious domestic animal shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. While so confined within the structure, the animal shall be provided for according to When off its owner's property, an animal found to be a dangerous or vicious domestic animal shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. Sec Responsibility for animals owned by minors. If the owner of an animal found to be a dangerous or vicious domestic animal is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this division. Sec Required notifications to animal control officer. (a) After an animal has been found to be a dangerous or vicious domestic animal, the animal's owner shall immediately, upon learning of same, cause the animal control authority to be notified if the animal: (1) Is loose or unconfined; or (2) Bites a person or attacks another animal; or (3) Is sold, given away, or dies. (b) Any owner of a dangerous or vicious domestic animal who relocates to a new address shall, within ten days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved. Sec Disposition of fees. All fees collected pursuant to this division, less the costs incurred by the animal control officer in producing and distributing the certificates and tags required by this division, shall be paid 29 58

59 into a special dedicated fund in the treasury of the city for the purpose of paying the expenses of any training course required under Code of Virginia, DIVISION 4. - PET SHOPS, DEALERS & BREEDERS Sec Permit and Inspections. It shall be unlawful for any person to operate a pet shop or operate as a dealer in companion animals without first obtaining a permit issued by any animal control officer. The permit shall be obtained on an annual basis no later than January 31 of each year, and the fee for said permit and each renewal thereof shall be charged an uncodified ordinance. Any animal control officer shall be permitted to inspect and investigate any business premises where animals are kept or housed, including, but not limited to, boarding establishments, pet shops, kennels, and companion animal dealers, and the inspections and investigations shall be conducted in accordance with the applicable provisions of the Code of Virginia. Upon receiving a complaint of a suspected violation of the Virginia Comprehensive Animal Care law, the animal control officer shall conduct investigations and inspections in accordance with the applicable provisions of the Code of Virginia. Commercial dog breeding locations shall be subject to inspections by the animal control officer at least twice annually and additionally upon receipt of a complaint or their own motion to ensure compliance with state animal care laws and regulations. For the purpose of this article, the term dealer does not include a person who breeds only one (1) companion animal only once in a calendar year and sells, transfers, exchanges or barters the offspring or litter. Sec Recordkeeping by permit holder. Any person obtaining a permit pursuant to this section shall be required to maintain records in accordance with the applicable provisions of the Code of Virginia. The records shall be kept by the permittees to be considered by the animal control officer prior to the issuance, renewal or revocation of any such permit, or 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. Sec Denial and revocation of permits

60 The animal control officer may deny issuance or renewals of any permit issued pursuant to this article, or revoke any such permit for fraudulent practices or inhumane treatment of animals dealt with by the permittee. Sec Penalty. Operating a pet shop or operating as a dealer in companion animals without having obtained such a permit from the city shall be a class 3 misdemeanor. 2. This ordinance shall take effect upon second reading, except that the amendment to Section shall take effect on January 1, BY ORDER OF THE COUNCIL ATTEST: Harry J. Parrish II Mayor On Behalf of the City Council of Manassas, Virginia Andrea P. Madden City Clerk MOTION: April 10, 2017 SECOND: Regular Council Meeting RE: Ordinance #O ACTION: Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: 31 60

61 ORDINANCE #O First Reading Second Reading Enacted Effective AN ORDINANCE TO AMEND THE ANIMAL ORDINANCE, CHAPTER 18, ARTICLES I THROUGH VI OF THE CODE OF ORDINANCES OF THE CITY OF MANASSAS, VIRGINIA WHEREAS, the City Council of the City of Manassas (hereinafter City Council ) has determined that it would be in the best interest of the citizens of the City of Manassas to amend the Animal Ordinance, Chapter 18, Articles I through VI of the Code of Ordinances; and WHEREAS, City Council has determined that amending the Animal Ordinance will promote the responsible care and restraint of animals by their owners and custodians, reduce the number of citizen complaints relating to animals, and provide comprehensive laws and regulations related to the governance, care and well-being of animals. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of, 2017: 1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended and reenacted by amending the Animal Ordinance, Chapter 18, Articles I through VI of the Manassas City Code of Ordinances as follows: ARTICLE 1. IN GENERAL Sec Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: The words, terms and phrases used in this chapter shall have the meanings ascribed to them in Code of Virginia , , , , , , and , including any future amendments thereto, except where the context clearly indicates a different meaning. In addition, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Animal Shelter means, unless the context requires otherwise, any facility operated by the City of Manassas Police Department for the purpose of impounding or harboring seized, stray, 61

62 homeless, abandoned, or unwanted animals; or a facility operated for the same purposes under a contract with the city. Apiary means any place where one or more colonies of bees are kept. Bees means any living stage of the honeybee, Apis mellifera and genetic variations thereof; and may also include those hymenopterous insects which depend on pollen and nectar for food. Cat means every cat regardless of sex or age. Colony means a queenright assemblage of social bees capable of reproducing. Companion animal means any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, or exotic or native bird, or any feral animal or any animal under the care, custody or ownership of a person or any animal which is bought, sold, traded or bartered by any person. Agricultural animals, game species or any animals regulated under federal law as research animals shall not be considered companion animals. Dangerous domestic animal means an animal which has bitten, attacked, or inflicted injury on a person or companion animal or killed a companion animal. It shall also include any animal designated as such by the animal control officer on the basis of the animal s propensity to attack. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) if both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Dog means every dog regardless of sex or age, including canine crossbreeds. Domesticated fowl means any chicken, turkey, duck, goose, pheasant or peacock. Endangered or threatened species means any creature so designated under federal law (16 USC ch. 35; 50 CFR 17.1 et seq.). Hearing dog means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. 2 62

63 Humane society, when referring to an organization without the Commonwealth, means any nonprofit organization organized for the purpose of preventing cruelty to animals and promoting humane care and treatment or adoption of animals. Other officer includes all other persons employed or elected by the people of the Commonwealth, or by any municipality, county, or incorporated town thereof, whose duty it is to preserve the peace, to make arrests, or to enforce the law. Owner means any person who: (1) Has a right of property in an animal; (2) Keeps or harbors an animal; (3) Has an animal in his care; or (4) Acts as a custodian of an animal. Pet shall mean any animal kept for pleasure rather than utility. Rightful owner means a person with a right of property in an animal. Service dog means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support. Sterilize and sterilization mean a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. To run at large, running at large, to go at large and going at large mean to roam, run or selfhunt off the property of the owner or custodian without being caged, physically carried or held by a leash and under the control of a person capable of both physically and mentally controlling the animal. Vicious domestic animal means an animal which has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or 3 63

64 (3) Continued to exhibit the behavior which resulted in a previous finding by a court or by an animal control officer that it is a dangerous domestic animal, provided that its owner has been given notice of that finding. Wild or exotic animal means any animal except a dog, cat, hamster, gerbil, guinea pig, mouse, ferret, turtle, nonpoisonous snake less than seven feet in length, nonpoisonous lizards and iguanas less than seven feet in length, domesticated rabbit, laboratory rat, bird, fish, horse, mule, cow, swine, sheep or goat. (Code 1978, 5-22) Cross reference Definitions generally, 1-2. State Law reference Similar provisions, Code of Virginia, , , , , , , , , , , ; authority for definition of "to run at large," Code of Virginia, Sec Enforcement. The enforcement of this chapter shall be the responsibility of the animal control officer, who shall be vested with all the powers and duties vested in animal control officers pursuant to Code of Virginia, et seq et seq., and the responsibility of the deputy animal control officer and humane investigators. The city police shall have authority to act in any emergency situations. (Code 1978, 5-16, 5-23) State Law reference Power of animal control officer to enforce animal ordinances, Code of Virginia, et seq.; humane investigators, Code of Virginia, et seq. Sec Burial or cremation of dead animals or fowl. (a) When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and, if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of the cremation or burial, not to exceed $75.00, and of the owner of every such fowl so cremated the actual cost of the cremation or burial, 4 64

65 not to exceed $5.00, to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. 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 city from the owner his cost for this service. (b) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. Proper disposition dsposition of any animal or fowl shall be made within 72 hours of capture. (c) It shall be unlawful for any owner to fail to dispose of the body of his companion animals in accordance with this section. (Code 1978, 5-8) State Law reference Authority for above section, Code of Virginia, , ; disposal of dead animals, Code of Virginia, , Sec Cruelty to animals. (a) Any person who: (1) Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (2) Deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (3) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for a therapeutic purpose; (3)(4) Ropes, lassoes, or otherwise obstructs or interferes with one or more legs of an equine in order to intentionally cause it to trip or fall for the purpose of 5 65

66 engagement in a rodeo contest, exhibition, entertainment, or sport unless such actions are in the practice of accepted animal husbandry or for the purpose of allowing veterinary care; (4)(5) Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (5)(6) Carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (6)(7) Causes any of such things, or being the owner of such animal permits such acts to be done by another; shall be guilty of a Class 1 misdemeanor. (b) Any person who: (1) Tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another; or (2) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of any kind, unless such administration of drugs or medications is under the supervision of a licensed veterinarian and solely for therapeutic purposes; or (3) Ropes, lassoes, or otherwise obstructs or interferes with one or more legs of an equine in order to intentionally cause it to trip or fall for the purpose of engagement in a rodeo, contest, exhibition, entertainment, or sport unless such actions are in the practice of accepted animal husbandry or for the purpose of allowing veterinary treatment; or (4) Maliciously deprives any companion animal of necessary food, drink, shelter, or emergency veterinary treatment; (3)(5) Instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in subsection (b)(1) through (b)(iv); or 6 66

67 (4)(6) Causes any of the actions described in subsections (b)(1) through (b)(3), or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or subsection (a), shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or subsection (a) resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection (a). (c) (d) (e) (f) (g) Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner. For the purposes of this section, the word "animal" shall be construed to include birds and fowl. In addition to the penalties provided in subsection (a) of this section, the court may, in its discretion, require any person convicted of a violation of subsection (a) of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. Except where felony penalties apply under state law, Tthe first violation of this subsection by any person shall constitute a Class 1 misdemeanor. Any person who: (1) Tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another; and (2) As a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. 7 67

68 (h) If a dog or cat is attacked on its owner s property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. (h)(i) Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals. (Code 1978, 5-9; Ord. No. O , 2, ) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, , , , :1. Sec Seizure and impoundment of animals Impounded animals. (a) Disposition. Any animal found abandoned, neglected, cruelly treated, or suffering from an apparent violation of Code of Virginia, , et seq et seq., that has rendered the animal in such condition as to constitute a direct and immediate threat to its life, safety, or health may be seized pursuant to Code of Virginia, and humanely disposed of by sale, adoption, or euthanasia in accordance with a judicial determination by the general district court that the owner is unable to adequately provide for the animal or is not a fit person to own the animal; provided, however, that the hearing required by Code of Virginia, to be set within ten business days of the date of seizure may be continued to a later date if the owner of the animal provides a cash or corporate surety bond in accordance with subsection (b) of this section. (b) Posting of security. A person claiming an interest in any animal confined pursuant to Code of Virginia, may prevent disposition of the animal after the tenbusiness-day period set forth in subsection (a) of this section by posting a bond, cash or corporate surety with the city treasurer prior to the expiration of the ten-business-day period in an amount sufficient to secure payment for all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for at least 30 days. However, such bond or security shall not prevent the animal control officer from disposing of such animal at the end of the 30-day period covered by the bond or security, unless the person claiming an interest posts an additional bond, cash or corporate surety with the city treasurer to secure payment of reasonable expenses for an additional 30 days and does so prior to the expiration of the first 30-day period. The amount of the bond shall be determined by the animal control officer, based on the current rate for board and on the condition of the animal after examination of the animal by the animal control officer. At the conclusion of the case, the bond shall be forfeited to the city unless there is a finding 8 68

69 that the owner is able to adequately provide for such animal and is a fit person to own the animal. If a cash bond was paid to the city treasurer and a judicial determination is made that the owner is able to adequately provide for such animal and is a fit person to own the animal, the owner shall be entitled to a refund of the case bond from the treasurer. (c) Notice. The authority taking custody of the animal under the provisions of this section shall give notice of this section by posting a copy of it at the location where the animal was seized or by delivering it to a person residing on the property of the owner within 24 hours of the time the animal was seized. A. Any humane investigator, law-enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. The seizure or impoundment of an equine resulting from a violation of clause (iii) of subsection A or clause (ii) of subsection B of may be undertaken only by the State Veterinarian or State Veterinarian's representative who has received training in the examination and detection of sore horses as required by 9 C.F.R. Part B. Before seizing or impounding any agricultural animal, the humane investigator, lawenforcement officer or animal control officer shall contact the State Veterinarian or State Veterinarian's representative, who shall recommend to the person the most appropriate action for effecting the seizure and impoundment. The humane investigator, law-enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The humane investigator, law-enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if: 1. The owner or tenant of the land where the agricultural animal is located gives written permission; 2. A general district court so orders; or 3. The owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained. If there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the 9 69

70 animal at the time of the seizure, the location of impoundment, and any other information required by the State Veterinarian. C. Upon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county where the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care. D. The humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held. E. 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 ( et seq.) of Chapter 15 of Title The Commonwealth shall be required to prove its case beyond a reasonable doubt. F. The humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may require the owner of any animal held pursuant to this subsection for more than thirty days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set by ordinance, not to exceed nine months. G. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care. The court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person. H. The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and 10 70

71 providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care. I. The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical condition. J. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating or In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition. K. Any person who is prohibited from owning or possessing animals pursuant to subsection I or J may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist. L. When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund. M. Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, lawenforcement officer, animal control officer, or licensed veterinarian. State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, Sec Beekeeping in residential districts. (a) No person owning, leasing, occupying or having charge of any premises within any residential district as defined in City Code a residential district, as established by chapter 130, shall maintain an apiary or keep any bees or hive of bees thereon, unless the location of such bees or hive of bees shall be more than 20 feet from the closest adjoining property line, building, street, road or way or property line of any public park or any public outdoor recreational area, and no less than 50 feet from the nearest dwelling or 11 71

72 other place of habitation, other than that of the owner or keeper of such bees or hive of bees. (b) A violation of this section shall constitute a Class 1 misdemeanor. (Code 1978, 5-10) State Law reference Beekeeping, Code of Virginia, et seq et seq. Sec Allowing animals to urinate or defecate on public property or property of another. It shall be unlawful for any person knowingly or willingly to allow any animal belonging to that person to urinate or defecate on any public property, or the private property of another without the consent of the owner of the property or his agent, provided that it shall not be unlawful to allow urination or defecation by such animal within the curb or gutter area of a public street or roadway, and provided that defecation by an animal on public property shall not be unlawful if the owner of the animal removes the animal's excrement immediately and disposes of it in a public trash receptacle or in a public sanitary sewer, or on the owner's own property in a lawful manner. (Code 1978, 5-11) Cross reference Health and sanitation, ch. 70. Sec Animals causing unsanitary conditions or odors. It shall be unlawful for any person who owns, keeps or controls any animal to keep that animal in such a manner as to cause unsanitary conditions, or in such manner as to cause offensive odors beyond the boundary of that person's own property. It shall be unlawful for any person to knowingly or recklessly leave food outside for the purpose of feeding stray animals if doing so results in unsanitary conditions or attracts wildlife, with the exception of birds. Prior to prosecution for any offense under this ordinance, the offender shall be given a written warning for the first occasion where a violation is reported and then observed by an enforcement officer. Said written warning shall be addressed to the owner of the property upon which the food is found. (Code 1978, 5-12) Cross reference Health and sanitation, ch

73 Sec Noisy animals. (a) (b) (c) (d) or (a) (b) (c) It shall be unlawful for any person to allow within the city prolonged or intense barking or other harsh or excessive noises to be made by any dog or animal under his ownership or control, at any time, so as to disturb the quiet, comfort or repose of one or more members of the community. For the purpose of this section, a harsh or excessive dog or animal noise is one which disturbs the quiet, comfort or repose of a reasonable person with normal sensitivities. For the purpose of this section, a person shall be deemed to have allowed his dog or animal to bark or create other harsh or excessive noises if he has once been put on notice by the police department or the animal control officer that the animal is disturbing one or more members of the community and he thereafter fails to confine such animal inside his dwelling unit or other enclosed structure or take similar action calculated to terminate such disturbance. It shall not be necessary for the police department or animal control officer to issue a new notice for each repeated occurrence. Notwithstanding the provisions of subsections (a) through (c) of this section, harsh excessive dog or animal noise emanating from any commercial kennel established prior to the development of any residential property upon which such sounds may be audible shall not be considered noises in violation of this section. It shall be unlawful to own, keep, possess or harbor any animal which howls, barks, yelps, meows, squawks or makes such other noises or vocalizations for more than ten consecutive or non-consecutive minutes from 7:00 a.m. and 11:00 p.m., or fifteen consecutive or non-consecutive minutes from 11:00 p.m. and 7:00 a.m., if the noise generated by the animal is plainly audible or discernible (i) at a distance of 50 feet across real property boundaries, or (ii) through partitions common to residential dwellings. This provision shall not apply when the animal is a police dog that is engaged in the performance of its duties at the time of making the sound, and it shall not apply to any bona fide agricultural activity. A second or subsequent conviction for a violation of this section involving the same animal may result in the animal being seized and impounded

74 (Code 1978, 5-29) Cross reference Noise from animals, Sec Secs Tethering (a) It shall be unlawful to attach an animal to a stationary object by means of a chain, rope, tether, leash, cable or similar restraint: 1) when so doing endangers the animal s life, health, safety or well-being; 2) when so doing exposes the animal to unsafe, inhumane, cruel or unsanitary conditions; 3) when a weather advisory or warning is issued by the federal, state or local authorities, or when outdoor conditions (extreme hot, cold, wind, rain, snow or hail) pose an adverse risk to the health or safety of the animal; 4) when the animal cannot reach food, water, shade or dry ground; or 5) when so doing prevents the animal from escaping harm. (b) It shall be unlawful for a person to intentionally, knowingly or recklessly tether, fasten, tie or restrain an animal to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, prong collar, or a collar that is smaller than the circumference of the animal s neck plus one inch. (c) The first conviction for violation of this subsection shall be punished as a Class 3 misdemeanor. However, a second conviction for a violation of this subsection, whether or not involving the same dog, within one year after conviction of the first violation, shall be punished as a Class 2 misdemeanor. The third and each subsequent conviction for a violation of this subsection, whether or not involving the same dog, within one year after conviction of the first violation, shall be punished as a Class 1 misdemeanor

75 State Law reference Authority for above section, Code of Virginia, ARTICLE II. - RABIES CONTROL Sec Vaccination. (a) (b) (c) (d) The owner or custodian of all dogs and domesticated cats four months of age and older shall have them 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 United States 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. Any person transporting a dog or domesticated cat into the city from some other jurisdiction shall be required to conform with this section within 30 days. The supervising veterinarian on the premises shall provide the owner of the dog or of the domesticated cat with a suitable and distinctive rabies tag and a certificate of vaccination setting forth the type of vaccine used, the date of inoculation, a brief description of the dog or domesticated cat, its sex and breed, and the name of the owner thereof. A copy of the vaccination certificate shall be retained by the supervising veterinarian or other person authorized. A certificate issued under this section shall be carefully preserved by the owner of the dog or of the domesticated cat, who shall furnish within a reasonable period of time, upon the request of an animal control officer, humane investigator, law enforcement officer, Commonwealth veterinarian's representative, or official of the Commonwealth department of health, the certificate of vaccination for such dog or cat

76 (e) It shall be unlawful for the owner of any dog or cat to allow such dog or cat to run at large within the city without being inoculated or vaccinated against rabies. (Code 1978, 5-25) State Law reference Similar provisions, Code of Virginia, , :1; authority for above section, Code of Virginia, Sec Emergency declaration of quarantine. (a) (b) When, in the judgment of the health director, an emergency exists in the city, due to a widespread rabies epizootic, for the protection of public health, the health director may declare a quarantine in the city and restrict all dogs and cats to their owner's premises and to the immediate custody of a responsible person, either or both, for the duration of such emergency as is set forth. Any person who has been directed by the animal control officer, the health director, or both to confine any animal in accordance with the provisions of this article to prevent the potential spread of rabies, and who disobeys that direction shall be guilty of a Class 1 misdemeanor. (Code 1978, ) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, Sec Procedure when animal bites person. (a) The owner of an animal which has bitten a person or any person having knowledge of any animal which has bitten a person shall immediately notify the animal control officer or the police department. The animal control officer shall immediately examine such animal, and he, at his discretion, or the health director, at his discretion, shall: (1) Confine the animal in a strong enclosure on the owner's premises, and isolated from all other animals and persons, for a period of ten days, unless the animal develops active symptoms of rabies or expires before that time; 16 76

77 (2) Impound or board the animal, at the owner's expense, with a licensed kennel or veterinarian hospital, for ten days, unless the animal develops active symptoms of rabies or expires before that time; (3) Impound the animal in the city animal shelter, at the owner's expense, for a period of ten days, unless the animal develops active symptoms of rabies or expires before that time; or (4) Confine the animal under competent observation at some other site as may be approved by the health department for ten days; unless the animal develops active symptoms of rabies or expires before that time. (b) (c) (c)(d) A seriously injured or sick animal may be humanely euthanized as provided in Code of Virginia If a dog or cat is confined pursuant to this section, and the owner of the animal has no proof of a current rabies vaccine for that animal at the time the animal exposed a person to rabies, then the animal shall be inoculated immediately at the end of the period of confinement. If the animal has been confined to a veterinarian hospital, then the animal shall be inoculated before it is released to its owner. If the animal has been confined in a kennel, or at the county animal shelter, or on the owner's premises, or under competent observation, then the owner must, within two weeks of the release of the animal, present to the animal control officer a valid certificate of rabies vaccination for that animal to the animal control officer. Failure to do so constitutes knowing possession of an unvaccinated dog or cat. At the end of the period of confinement under this section, if the animal has not developed active symptoms of rabies, it may be released to its owner. If the animal was confined at the animal shelter, the owner will pay the impoundment fee and daily charges prescribed by the animal shelter, whether the owner redeems the animal or not. If the animal was confined in a kennel or veterinarian hospital, the owner shall pay the standard boarding fee charged by such kennel or hospital, plus a fee to the city in accordance with a fee schedule established by an uncodified ordinance enacted by the city council if the animal was delivered to the kennel or hospital by city personnel. Should an animal confined under this section expire prior to expiration of the ten-day confinement period, the owner shall still be required to pay confinement costs to the date of expiration. Should an animal confined under this section expire prior to expiration of the ten-day confinement period, and the 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 17 77

78 department division of consolidated laboratory services of the Commonwealth department of general services, or the health department, for evaluation. (Code 1978, ) State Law reference Similar provisions, Code of Virginia, (E) ; authority for above section, Code of Virginia, Sec Report of existence of rabid animal. 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 apparently afflicted with rabies shall report immediately to the police department, animal control division, or the health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies. (Code 1978, ) State Law reference Similar provisions, Code of Virginia (C) ; authority for above section, Code of Virginia Sec Confinement or euthanization destruction of dog or cat suspected of having rabies. Any dog or cat found within the city showing active signs of rabies or suspected of having rabies shall be forthwith taken into custody by the animal control officer or a police officer and confined under competent observation for such a time as may be necessary to determine a diagnosis. If, in the discretion of the animal control officer, confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian Commonwealth veterinarian as provided in Code of Virginia, , and the head or brain shall be delivered to the Division of Consolidated Laboratory Services of the Department of General Services or be tested as directed by the local health department disposed of as provided in section 18-33(c). (Code 1978, ) State Law reference Similar provisions, Code of Virginia (B) ; authority for above section, Code of Virginia,

79 Sec Confinement or euthanization destruction of dog or cat exposed to rabies. Any dog or cat, for which no proof of current rabies vaccination is available, and which is 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 believed to be afflicted with rabies, shall be confined in a an animal shelter pound, kennel or enclosure approved by the 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 animal control officer; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the Commonwealth veterinarian as provided in Code of Virginia, A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of confinement. 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 a valid rabies vaccination, shall be revaccinated immediately following the bite or other exposure and shall be confined to the premises of the owner, or other site as may be approved by the health department, for a period of 45 days. (Code 1978, ; Ord. No. O , 2, ) State Law reference Similar provisions, Code of Virginia (D) ; authority for above section, Code of Virginia Sec Concealing animal to prevent confinement or euthanization destruction. It shall be unlawful for any person to conceal any dog or cat or other animal to keep the animal from being destroyed euthanized or confined in accordance with this article. (Code 1978, ) State Law reference Authority for above section, Code of Virginia Secs Procedure when animal other than a dog or domesticated cat exposes person or another animal other than a dog or cat to rabies. (a) When any potentially 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, that animal shall be confined at the discretion of the animal control officer or director of the local health department in a manner approved by the state health department or humanely euthanized as provided in Code of Virginia The head or brain of a 19 79

80 euthanized animal shall be kept and evaluated by the health department, or sent to the Division of Consolidated Laboratory Services of the Virginia Department of General Services for evaluation. (b) When any animal, other than a dog or cat, believed to be afflicted with rabies, exposes another animal, other than a dog or cat, to rabies through a bite or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, that newly exposed animal shall be confined at the discretion of the animal control officer or local health director in a manner approved by the health department or humanely euthanized. State Law reference Similar provisions, Code of Virginia (F); authority for above section, Code of Virginia ARTICLE III. - DOGS AND CATS DIVISION 1. - GENERALLY Sec Running at large prohibited; sterilization of animals found running at large. (a) (b) (c) It shall be unlawful for the owner of any dog to allow such dog to run at large within the city, even though the dog is both lawfully licensed and vaccinated. Upon a person's being charged convicted for a third time in a 24-month period with the offense of allowing a dog to run at large, the fine shall not be prepayable, and the animal control officer shall provide written notice to the owner (if known to the animal control officer) that the dog must be sterilized, if it has not already been. The owner must arrange for a veterinarian to have the dog sterilized or provide the animal control officer with a notarized statement of a veterinarian identifying the dog and stating that it has been sterilized. The animal control officer shall keep the dog in his custody until the sterilization or proof of sterilization occurs unless, in the animal control officer's reasonable opinion, the dog owner can adequately confine the dog and will sterilize it or provide proof of sterilization. If the owner does not arrange for sterilization, provide proof of sterilization, or demand trial on the charge of running at large within five days after receiving the written notice, the dog shall be deemed abandoned and the animal control officer may dispose of the animal in any lawful manner. The written notice to the owner shall include this section, and shall state the penalty for its violation. If the owner is acquitted of the running at large offense, the dog shall be released to him without being sterilized. If the owner is convicted, and does not provide proof 20 80

81 of sterilization, the court shall order him to pay the cost of the dog's sterilization, and the animal control officer shall deliver the dog to a veterinarian for sterilization. (Code 1978, 5-26; Ord. No. O , 1, ) State Law reference Authority of council to prohibit dogs from running at large, Code of Virginia ; authority for above section, Code of Virginia sterilization of dog or cat adopted by a new owner from a releasing agency, Code of Virginia, et seq. Sec City Animal Shelter; confinement and disposition of stray animals; Impoundment. (a) (b) (c) It shall be the duty of the animal control officer and any police officer to seize and impound any dog or cat found running at large in violation of section 18-61, or any dog of unknown ownership that is found to be unlicensed in violation of section 18-81, or any dog or domesticated cat which has not been vaccinated as required by section A dog or cat confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the dog or cat is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the animal shelter pound shall make a reasonable effort to ascertain whether the dog or cat has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the dog or cat, the dog or cat shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the dog or cat can be readily identified, the operator or custodian of the animal shelter pound shall make a reasonable effort to notify the owner of the dog's or cat's confinement within the next 48 hours following its confinement. The rightful owner may redeem such dog or cat upon proof of ownership, vaccination and licensing of the dog or cat, where necessary to comply with this chapter, and payment to the city of the expenses incurred in keeping the dog or cat impounded, at a rate to be set by the city manager, which rate may provide for one charge for the first day or fraction thereof and a lesser charge for each additional day, but in no case shall the daily rate exceed the city's actual costs of boarding the dog or cat. The city manager shall publicly announce at a regular council meeting any change in the rate before the rate goes into effect. If a dog or cat confined pursuant to this section has not been claimed upon expiration 21 81

82 of the appropriate holding period as provided by subsection (b) of this section, it shall be deemed abandoned and become the property of the pound or animal shelter. If such abandoned animal did not, when delivered to the animal shelter pound, bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed euthanized or disposed of by: 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 ; (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

83 (1) 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, provided that such agency, institution or dealer agrees to confine the animal for an additional period of not less than five days; (2) Delivery to any humane society or animal shelter within the Commonwealth; (3) Adoption by any person who is a resident of the city and who will pay the required license fee on such dog or cat; (4) Adoption by a resident of an adjacent political subdivision of the Commonwealth; (5) Adoption by any other person, provided that no dog or cat may be adopted by any person who is not a resident of the city, or of an adjacent political subdivision, unless the animal is first sterilized; or (6) Delivery, for the purposes of adoption or euthanasia only, to a humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter maintains records which would comply with Code of Virginia, , requires that adopted dogs and cats be sterilized, and has been approved by the Commonwealth veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia. (d) If such abandoned dog or cat, when delivered to the shelter pound, bore a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or disposed of by the methods described in subsection (2), (3), (4) or (5) of this subsection. The animal shelter pound shall not deliver more than two dogs or cats or a family of dogs or cats during any 30-day period to any one person under subsection (c)(2), (3), or (4) (3), (4) or (5) of this subsection. If a dog or cat is required to be sterilized prior to adoption pursuant to subsection (5) of this subsection, the shelter pound may require that the sterilization be done at the expense of the person adopting the dog or cat. (d)(e) Nothing in this section shall prohibit the immediate euthanasia destruction of a critically injured, critically ill, or unweaned dog or cat for humane purposes. Any dog or cat destroyed euthanized pursuant to the provisions of this section shall be euthanized by one of the methods prescribed or approved by the State Veterinarian Commonwealth veterinarian

84 (e)(f) (f)(g) (g)(h) (i) (j) Nothing in this section shall prohibit the immediate euthanasia destruction or disposal by the methods listed in subsections (c)(1) through (5) (2) through (6) of this section of an animal a dog or cat that has been delivered voluntarily or released to an a pound, animal shelter, animal control officer, or humane society by the animal s dog's or cat's rightful owner after the rightful owner has, in writing, surrendered all property rights in such dog or cat and 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; certifying that no other person has a right of property in the dog or cat, and (iii) acknowledging that the dog or cat may be immediately euthanized or disposed of by the methods listed in subsections (c)(2) through (6) (1) through (5) of this section. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification which, based on the written certification of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the dog or cat, 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 dog or cat is initially confined in the facility, unless sooner claimed by the rightful owner. The certification of the disinterested person shall be kept with the animal dog or cat as required by Code of Virginia, For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal dog or cat to the facility. Nothing in this section shall relieve any owner or keeper of a dog or cat from paying any fine or penalty that may be otherwise provided for the violation of the state law or this chapter. The animal shelter shall be operated and maintained in accordance with Virginia law, and it shall be accessible to the public at reasonable hours during the week. No person who acquires an animal from an animal shelter shall be able to sell the animal within a period of six months from the time the animal is acquired from the shelter. A violation of this ordinance is a class 1 misdemeanor. (Code 1978, 5-28) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, , , , , , ,

85 Sec Limitation on number of dogs and cats kept per dwelling unit; sanitary conditions required. (a) (b) (c) (d) (e) It shall be unlawful for any person to keep more than four dogs over four months of age or four cats over four months of age, or any combination of dogs and cats over four months of age, not to exceed four, in any dwelling unit, including the yard upon which it is situated, in the city unless authorized by the animal control officer for emergency rescue or foster care. This provision shall not apply to licensed veterinary hospitals or licensed kennels. Any person who, on February 27, 2002, is lawfully keeping more than the number of dogs and cats permitted by this section shall be entitled to continue to keep all such dogs and cats, so long as they are duly licensed and inoculated in accordance with this article. However, it shall be unlawful for any such person to keep any dog or cat acquired after February 27, 2002, unless the total number of dogs and cats kept by the person does not exceed the number of dogs and cats permitted by subsection (a) of this section. This section shall not apply to any person authorized to operate a kennel, as that term is defined in chapter 130, pertaining to zoning. Upon the death or other disposition of any dog or cat in excess of the number permitted under subsection (a) of this section, the owner shall be required to be in compliance with the applicable limitation. The structure or building in which any dogs and cats are confined and the lot, compound or enclosure in which they are penned shall be kept in such sanitary condition as not to cause offensive odors or attract flies or other insects. (Ord. No , 1, ) State Law reference - authority for above section, Code of Virginia Secs Leash Requirement (a) No dog shall run unrestricted in the city as defined in Section Any person who is the owner or custodian of a dog found unrestricted in the city shall be in violation of this Section. This Section shall not apply to any person who uses a dog under his direct supervision: 25 85

86 (1) while lawfully hunting, (2) while engaged in a supervised formal obedience training class or show, (3) during formally sanctioned field trials, (4) while a dog is in an area owned, leased, controlled, or operated and designated by the city as an off-leash dog exercise area, (5) if a dog is a service animal whose handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe effective performance of work or tasks, and the service animal is otherwise under the handler's control (e.g., voice control, signals, or other effective means). (b) Any dog found unrestricted in violation of subsection (a) shall be held in the animal shelter, except that if the rightful owner of the dog can be immediately ascertained and located, then that owner shall be allowed to have custody of the animal, but shall be subject to issuance of a summons for violation of this Section. State Law reference Similar provisions, Code of Virginia ; authority for above section, Code of Virginia DIVISION 2. - LICENSE Sec Required. 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 city unless such dog is licensed as required by the provisions of this division. (Code 1978, 5-36; Ord. No. O , 1, ) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, Sec Procedure for obtaining license

87 (a) (b) (c) (d) (e) Any resident of the city may obtain a dog license by making oral or written application to the treasurer of the city, 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 licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the city and may require information to this effect from any applicant. It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled. 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 year for which issued, the serial number of the tag, whether male or female, whether spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein. 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. (Code 1978, 5-37; Ord. No O , 1, ) State Law reference Similar provisions, Code of Virginia, , ; authority for above section, Code of Virginia, Sec Proof of rabies vaccination required; issuance of receipt and tag. (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 the calendar year for which issued and bear a serial number. The tag may be stamped or otherwise marked to show the sex of the dog or cat

88 (b) (c) (d) No license tag shall be issued for any dog or cat unless there is presented, to the treasurer or other officer of the city charged by law with the duty of issuing license tags for dogs and cats, at the time application for license is made, evidence satisfactory to him showing 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. It shall be unlawful for any person to present such evidence for a dog or cat other than that for which it was issued. The tag issued under this section shall be stamped or permanently marked to show the calendar year for which issued and bear a serial number. The receipt issued under this section shall contain the name and address of the owner or custodian of the dog or cat, the date of payment of the license tax, the year for which issued and the serial number of the tag issued for the dog or cat and the description of the dog or cat for which the license is issued. (Code 1978, 5-38(d), 5-39) State Law reference Similar provisions, Code of Virginia, , , ; authority for above section, Code of Virginia, Sec Preservation and display of receipts. 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. (Code 1978, 5-40) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, Sec Tag to be affixed to collar worn by dog or cat. (a) Dog license tags and cat license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog or cat

89 (b) (c) Any dog or cat not wearing a collar bearing a valid license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceeding under this article the burden of proving the fact that such dog or cat has been licensed or is not required to bear a tag at the time shall be on the owner or custodian of the dog or cat. The owner of the dog or cat may remove the collar and license tag required by this section when: (Code 1978, 5-41) (1) The dog is engaged in lawful hunting; (2) The dog or cat is competing in a dog show or a cat show; (3) The dog or cat has a skin condition which would be exacerbated by the wearing of a collar; (4) The dog or cat is confined; or (5) The dog or cat is under the immediate control of its owner. State Law reference Similar provisions, Code of Virginia, , ; authority for above section, Code of Virginia, Sec Duplicate 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, which the owner shall immediately affix to the collar of the dog or cat. 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 be in accordance with a fee schedule established by an uncodified ordinance enacted by the city council. Such fee shall be reported in the gross dog license and cat license collections under section

90 (Code 1978, 5-42) State Law reference Similar provisions, Code of Virginia, ; authority for above section, Code of Virginia, Sec Term. All dog licenses and cat licenses issued under this division shall run for the calendar year, beginning with January 1 of each year and ending with December 31 next following. Any resident of the city may obtain a dog license for the periods of one year or three years based on the certificate of vaccination. If the owner is able to provide proof of the dog's age as eight years or older, they may obtain a license that remains valid for the life of the dog, as long as there is a current vaccination certificate for the dog. All dog licenses issued for one or three years shall be for the calendar year(s), beginning with January 1 and ending with December 31, without proration. (Code 1978, 5-44) Sec Sales records and reports; destruction of unsold tags. The city treasurer shall enter in a dog license and cat license sales record the date of the sale of dog tags and cat tags, including those for kennels, the names and addresses of persons to whom sold and the serial number, and shall keep an account of the amount of the license tax paid. The city treasurer shall keep a copy of such dog license and cat license sales record in numerical order and, at the close of the calendar year, shall file an annual report of such sales with the city manager. The city manager shall audit such records, accounts and unsold dog license tags and cat license tags, and authorize the city treasurer to destroy unsold tags. (Code 1978, 5-45) Sec Failure to pay license tax. (a) (b) It shall be unlawful 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. 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 provided

91 (c) It shall be unlawful for any person to conceal or harbor any dog on which any required license tax has not been paid. (Code 1978, 5-46) State Law reference Similar provisions, Code of Virginia, , , ; authority for above section, Code of Virginia, ARTICLE IV. - LIVESTOCK Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Domesticated fowl means any chicken, turkey, duck, goose, pheasant or peacock. (Code 1978, 5-5) Cross reference Definitions generally, 1-2. ARTICLE V. - WILD OR EXOTIC ANIMALS Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal includes any vertebrate creature, domestic or wild, and any poisonous invertebrate, such as a tarantula. Endangered or threatened species means any creature so designated under federal law (16 USC ch. 35; 50 CFR 17.1 et seq.). Wild or exotic animal means any animal except a dog, cat, hamster, gerbil, guinea pig, mouse, ferret, turtle, nonpoisonous snake less than seven feet in length, nonpoisonous lizards and 31 91

92 iguanas less than seven feet in length, domesticated rabbit, laboratory rat, bird, fish, horse, mule, cow, swine, sheep or goat. (Code 1978, 5-14(a); Ord. No. O , 2, ) Cross reference Definitions generally, 1-2. Sec Penalty. Any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor, except that any violation of section (b) shall be a Class 2 misdemeanor. For each animal, each day a violation of this article continues constitutes a separate offense. In addition, the court shall order that the defendant dispose of the animal in accordance with section (c). Any person who is convicted of a second or subsequent violation of this article shall be guilty of a Class 1 misdemeanor. (Code 1978, 5-14(d)) Sec Keeping. (a) (b) (a) Prohibited; exceptions. No person shall keep or permit to be kept on his premises any live wild or exotic animal. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses or veterinary clinics which are properly licensed by the federal government or the Commonwealth. In no case, however, shall such wild or exotic animals be exhibited or displayed in such a manner that persons other than their handlers can pet, fondle or otherwise come in direct physical contact with such animals. Endangered or threatened animals. No person shall keep any endangered or threatened animal, live or dead, or any part thereof, except pursuant to an exemption or permit provided for in 16 USC Chapter ch. 35, or in regulations under that chapter. Disposition of illegal animals. Any person who keeps a wild or exotic animals in contravention of this article shall dispose of the animal by removal of the animal from the city, by giving or selling the animal to a zoological park or by releasing the animal to the animal control officer. The animal control officer is authorized to release the animal to the wild, to a zoological park or to a responsible adult who shall remove the animal from the city or dispose of the animal in some humane manner. The animal control officer is not authorized to release the animal to any person who intends to use the animal for research purposes

93 (Code 1978, 5-14(b), (c), (e)(1)) State Law reference - Authority to regulate wild and exotic animals, Code of Virginia, ARTICLE VI. - DANGEROUS OR VICIOUS DOMESTIC ANIMALS DIVISION 1. - GENERALLY DIVISION 2. DOGS DOMESTIC ANIMALS Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous dog means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite, (ii) if both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Vicious dog means a canine or canine crossbreed which has: (3) Killed a person; (4) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding

94 (Ord. No. O , 1, ) Cross reference Definitions generally, 1-2. Sec Penalties. Except where felony penalties apply under state law, the following penalties apply to violations of this division: (1) Any owner or custodian of any animal a canine or canine crossbreed is guilty of a Class 2 misdemeanor if the animal canine or canine crossbreed was previously declared a dangerous or vicious domestic animal dog pursuant to this division, when such declaration arose out of a separate and distinct incident, and attacks and injures or kills a cat or dog that is a companion animal belonging to another person. (2) Any owner or custodian of an animal a canine or canine crossbreed is guilty of a Class 1 misdemeanor if the animal canine or canine crossbreed was previously declared a dangerous or vicious domestic animal dog pursuant to this division, when such declaration arose out of a separate and distinct incident, and bites a human being or attacks a human being causing bodily injury. (3) The provisions of subsections (1) and (2) of this section 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. (4) The owner of any animal that has been found to be a dangerous or vicious domestic animal dog who willfully fails to comply with the requirements of this division is guilty of a Class 1 misdemeanor. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (J)&(K). Sec Procedure for determination that animal dog is dangerous or vicious

95 (a) (b) (c) (d) Issuance of summons. Any law enforcement officer or animal control officer who has reason to believe that an animal a canine or canine crossbreed within the city is a dangerous dog or vicious domestic animal dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law enforcement officer successfully makes an application for the issuance of a summons, he or she shall contact the local animal control officer and inform him or her of the location of the animal dog and the relevant facts pertaining to that officer's belief that the animal dog is dangerous or vicious domestic animal. Confinement and production of the animal. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. Determination by the court. If, after hearing the evidence, the court finds that the animal is a dangerous dog or vicious domestic animal, the court shall order the animal's owner to comply with the provisions of this division. If, after hearing the evidence, the court finds that the animal is a dangerous or vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, 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 ( et seq.) of chapter 15 of title 19.2 of the Code of Virginia (1950), as amended. The city shall be required to prove its case beyond a reasonable doubt. Conviction by the court. Upon conviction, the court may (i) order the dangerous or vicious domestic animal to be disposed of by the city pursuant to Code of Virginia or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which time the dangerous or vicious domestic animal 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 or vicious animal to be disposed of by the city pursuant to Code of Virginia The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous or vicious domestic animal from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner

96 (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (B) and (K), Sec Criteria for determination that animal dog is dangerous or vicious. (a) (b) No animal canine or canine crossbreed shall be found to be a dangerous dog or vicious domestic animal dog solely because it is a particular breed, nor is the ownership of a particular breed of animal canine or canine crossbreed prohibited. No animal shall be found to be a dangerous dog or vicious domestic animal dog if the threat, injury or damage was sustained by a person who was: (1) Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (2) Committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (3) Provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. (c) (d) 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 dangerous dog or a vicious dog domestic animal. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious domestic animal dog. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (C) Sec Registration

97 (a) (b) The owner of any animal found to be a dangerous or vicious domestic animal dog shall, within ten days of such finding, obtain a dangerous domestic animal dog registration certificate from the animal control officer or treasurer for a fee established by an uncodified ordinance passed by the city council of $50.00, in addition to other fees that may be authorized by law. The animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous or vicious domestic animal dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this section shall be renewed annually for a fee of $85 the same fee and in the same manner as the initial certificate was obtained. The animal control officer shall provide a copy of the dangerous animal dog registration certificate and verification of compliance to the state veterinarian. All dangerous animal dog registration certificates or renewals thereof required to be obtained under this division shall only be issued to persons 18 years of age or older who present satisfactory evidence: (1) Of the animal's current rabies vaccination, if applicable; (2) That the animal has been neutered or spayed; and (3) That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. (c) Owners who apply for certificates or renewals thereof under this division shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (1) Their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous or vicious domestic animals dog on the property; (2) The animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation; and (3) The owner has liability insurance coverage, to the value of at least $100,000.00, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,

98 (d) (e) The owner of any dog found to be a dangerous or vicious domestic animal shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under Code of Virginia :3, within 45 days of such a finding by a court of competent jurisdiction. The owner of any dog animal found to be dangerous or vicious domestic animal shall cause the city's animal control officer to be promptly notified of: (1) The names, addresses, and telephone numbers of all owners; (2) All of the means necessary to locate the owner and the animal dog at any time; (3) Any complaints or incidents of attack by the animal dog upon any person or cat or dog; (4) Any claims made or lawsuits brought as a result of any attack; (5) Tattoo or chip identification information or both; (6) Proof of insurance or surety bond; and (7) The death of the animal dog. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (E) & (F). Sec Confinement. While on the property of its owner, an animal found to be a dangerous or vicious domestic animal dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. While so confined within the structure, the animal shall be provided for according to When off its owner's property, an animal found to be a dangerous or vicious domestic animal dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal

99 (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (G). Sec Responsibility for animals owned by minors. If the owner of an animal found to be a dangerous or vicious domestic animal dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this division. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (D) Sec Required notifications to animal control officer. (a) After an animal has been found to be a dangerous or vicious domestic animal dog, the animal's owner shall immediately, upon learning of same, cause the animal control authority to be notified if the animal: (1) Is loose or unconfined; or (2) Bites a person or attacks another animal; or (3) Is sold, given away, or dies. (b) Any owner of a dangerous or vicious domestic animal dog who relocates to a new address shall, within ten days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (I). Sec Disposition of fees. All fees collected pursuant to this division, less the costs incurred by the animal control officer in producing and distributing the certificates and tags required by this division, shall be paid 39 99

100 into a special dedicated fund in the treasury of the city for the purpose of paying the expenses of any training course required under Code of Virginia, :1. (Ord. No. O , 1, ) State Law reference authority for above section, Code of Virginia, (L). DIVISION 3. - OTHER ANIMALS Sec Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous domestic animal means a companion animal which has bitten, attacked or inflicted injury on a person or companion animal or killed a companion animal. It shall also include any animal designated as such by the animal control officer on the basis of the animal's propensity to attack. Vicious domestic animal means a companion animal which has (1) Killed a person; (2) Inflicted severe injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous domestic animal, provided that its owner has been given notice of that finding. (Code 1978, 5-15(a)) Cross reference Definitions generally, 1-2, Code of Virginia Sec Exceptions. This division shall not apply to dogs. Sec Penalty

101 The owner or custodian of any animal which has been found by a court to be a vicious domestic animal, or the owner or custodian of a dangerous domestic animal who willfully fails to comply with the requirements of this article, shall be guilty of a Class 1 misdemeanor. (Code 1978, 5-15(f)) State Law reference Penalties for violation of ordinances, Code of Virginia, Sec Fees. All fees collected pursuant to this division, less the costs incurred by any person referred to in section 18-3 in producing and distributing the certificates and tags required by this division, shall be paid into a special dedicated fund in the treasury of the city for the purposes of paying the expenses of any training course required of animal control officers. (Code 1978, 5-15(g)) Sec Allowing animal to run at large. No person shall allow any dangerous or vicious domestic animal to run at large, as that term is defined in section The owner or keeper of a dangerous or vicious dog which runs at large shall be deemed to have allowed it to run at large unless he proves that the animal escaped confinement by an act of God or an act of a third party, and that the defendant took all possible precautions against its escape. (Code 1978, 5-15(b)) State Law reference Prohibiting the running at large of animals, Code of Virginia, :1. Sec Procedure for determination that animal is dangerous or vicious. Whenever the animal control officer or any police officer has reason to believe that a companion animal within the city is a dangerous domestic animal or vicious domestic animal, the animal control officer shall issue 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. The animal control officer shall seize and confine the animal until such time as evidence shall be heard and a verdict rendered, if the animal poses a substantial risk to humans. If the animal does not pose such a risk or if the owner can adequately confine the animal without risk of its escape, the animal

102 control officer shall order the owner or custodian to keep the animal confined inside a dwelling or animal pen; failure to comply with such an order shall be a violation of this section. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous domestic animal, the court shall order the animal's owner and/or custodian to comply with the provisions of subsection If, after hearing the evidence, the court finds that the animal is a vicious domestic animal, the court shall order the animal euthanized in a humane manner by the animal control officer, in accordance with the law of the Commonwealth. (Code 1978, 5-15(c)) State Law reference Similar provisions, authority for the above provision, Code of Virginia, ; issuance of summons, Code of Virginia, Sec Criteria for determination that animal is dangerous or vicious. No animal shall be found to be a dangerous domestic animal or vicious animal solely because it is a particular breed. No animal shall be found to be a dangerous domestic animal or vicious domestic animal if the threat, injury or damage was sustained by a person who was: (1) Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (2) Committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (3) Provoking, tormenting, abusing or assaulting the animal, or can be shown to have repeatedly provoked, tormented, abused or assaulted the animal at other times. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous domestic animal or a vicious domestic animal. (Code 1978, 5-15(d)) State Law reference authority for the above provision, Code of Virginia, Sec Registration certificate and tag; responsibilities of owner

103 (a) (b) Registration certificate required; fee; tag. The owner of any animal found by a court to be a dangerous domestic animal shall, within ten days of such finding, obtain a dangerous domestic animal registration certificate from the animal control officer for a fee in accordance with a fee schedule established by an uncodified ordinance enacted by the city council, in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a uniformly designed tag which identifies the animal as a dangerous domestic animal. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. If the owner fails to obtain such a certificate within the time allotted, the animal control officer shall have the animal euthanized in a humane manner. Prerequisites for issuance of certificate. Certificates shall only be issued to persons 18 years of age or older who present satisfactory evidence: (1) Of the animal's current rabies vaccination, if a vaccine exists for the species; (2) That the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; (3) That the animal has been sterilized neutered or spayed; and (4) That the owner has liability insurance coverage, to the value of at least $50,000.00, which covers animal bites. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous domestic animal on the property, and the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (c) Confinement of animal. While on the property of its owner, an animal found by the court to be a dangerous domestic animal shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape and to prevent direct contact with or entry by minors, adults or animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, a dangerous domestic animal shall be caged or kept on a leash and muzzled in such a manner as not to cause injury to the

104 animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (d) (e) Responsibility for animals owned by minors. If the owner of a dangerous domestic animal is an unemancipated minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this article. Required notifications to animal control officer. After an animal has been found by a court to be a dangerous domestic animal, the animal's owner shall notify the animal control officer if the animal: (1) Is loose or unconfined; (2) Bites a person or attacks another animal; (3) Is sold, given away or dies; or (4) Has been moved to a different address. The owner shall make the notification immediately upon learning of any of such events. (Code 1978, 5-15(e)) State Law reference Similar provisions, authority for the above provision, Code of Virginia, DIVISION 4. - PET SHOPS, DEALERS & BREEDERS Sec Permit and Inspections. It shall be unlawful for any person to operate a pet shop or operate as a dealer in companion animals without first obtaining a permit issued by any animal control officer. The permit shall be obtained on an annual basis no later than January 31 of each year, and the fee for said permit and each renewal thereof shall be charged an uncodified ordinance. Any animal control officer shall be permitted to inspect and investigate any business premises where animals are kept or housed, including, but not limited to, boarding establishments, pet

105 shops, kennels, and companion animal dealers, and the inspections and investigations shall be conducted in accordance with the applicable provisions of the Code of Virginia. Upon receiving a complaint of a suspected violation of the Virginia Comprehensive Animal Care law, the animal control officer shall conduct investigations and inspections in accordance with the applicable provisions of the Code of Virginia. Commercial dog breeding locations shall be subject to inspections by the animal control officer at least twice annually and additionally upon receipt of a complaint or their own motion to ensure compliance with state animal care laws and regulations. For the purpose of this article, the term dealer does not include a person who breeds only one (1) companion animal only once in a calendar year and sells, transfers, exchanges or barters the offspring or litter. State Law reference authority for the above provision, Code of Virginia, , , , and Sec Recordkeeping by permit holder. Any person obtaining a permit pursuant to this section shall be required to maintain records in accordance with the applicable provisions of the Code of Virginia. The records shall be kept by the permittees to be considered by the animal control officer prior to the issuance, renewal or revocation of any such permit, or 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. State Law reference authority for the above provision, Code of Virginia, Sec Denial and revocation of permits. The animal control officer may deny issuance or renewals of any permit issued pursuant to this article, or revoke any such permit for fraudulent practices or inhumane treatment of animals dealt with by the permittee. State Law reference authority for the above provision, Code of Virginia, Sec Penalty

106 Operating a pet shop or operating as a dealer in companion animals without having obtained such a permit from the city shall be a class 3 misdemeanor. State Law reference authority for the above provision, Code of Virginia, This ordinance shall take effect upon second reading, except that the amendment to Section shall take effect on January 1, ATTEST: City Clerk BY ORDER OF THE COUNCIL Harry J. Parrish, II, Mayor On Behalf of the City Council of Manassas, Virginia MOTION: SECOND: RE: Date: Regular Meeting Ord. No. ACTION: Votes: Ayes: Nays: Absent from Vote: Absent from Meeting:

107 City of Manassas Manassas City Council 9027 Center Street Manassas, VA Meeting Date: March 27, 2017 Time Estimate: Agenda Title: Recommendation: Motion: Date Last Considered by City Council: Summary and/or Comments: Board Committee or Commission Reviewed: Fiscal Impact: Staff Contact: 5 Minutes Performance Agreement: Agriculture and Forestry Industries Development (AFID) Grant for BadWolf Public House Approve and Execute the Agreement I move that the Agriculture & Forestry Industries Development Grant between the City of Manassas, BadWolf Public House, and the Economic Development Authority of the City of Manassas be approved and the Mayor be given the authorization to execute the agreement. N/A Earlier this year, the City of Manassas made application to the Commonwealth of Virginia for a grant to support the expansion of Bad Wolf Brewing Company as it partners with the owners of CJ Finz to open BadWolf Public House on Battle Street. The City was awarded $10,000 from the Agriculture and Forestry Industries Development Fund, which must be matched with $10,000 from the City s Economic Opportunity Fund. The attached Performance Agreement between the City of Manassas, its Economic Development Authority, and BadWolf Public House spells out the terms and conditions of the award. Land Use Committee (Closed Session) $10,000 Funds are available in the City s Operating Budget Patrick J. Small, Economic Development Director psmall@manassasva.gov (703)

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