§ 6-149. Impoundment.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Animal does not include agricultural animals.

Rightful owner means a person with a right of property in the animal.

(b)

Unrestrained animals or animals running at large in the designated portion of the county described in this division shall be taken by the animal control officer or such other officers as may be designated and impounded in an animal shelter and there confined in a humane manner. Impounded animals shall be kept not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the animal shelter, unless reclaimed by the owner.

(c)

The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement. If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded.

(d)

If an animal confined pursuant to this section has not been claimed upon expiration 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. Such animal may be humanely destroyed or disposed of by the methods set forth in this subsection (d)(1) through (5) of this section. No pound shall release more than two animals or a family of animals during any 30-day period to any one person under this subsection (d)(2), (3) or (4) of this section.

(1)

Release to any humane society, 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 and who will pay the required license tax, 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, provided that such 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 animal may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the pound may require that the sterilization be done at the expense of the person adopting the animal; 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:

a.

Maintains records that would comply with Code of Virginia, § 3.1-796.105;

b.

Requires that adopted dogs and cats be sterilized;

c.

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

d.

Has provided to the pound, animal shelter, or other releasing agency within the commonwealth a statement signed by an authorized representative specifying the entity's compliance with subsections (d)(5)a. through (d)(5)c. of this section and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.

For purposes of recordkeeping, release of an animal by a pound to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

(e)

Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the state veterinarian.

(f)

Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subsections (d)(1) through (5) of this section of an animal that has been released to a pound, animal shelter, other releasing agency, or animal control officer by the animal's rightful owner after the rightful owner has read and signed a statement:

(1)

Surrendering all property rights in such animal;

(2)

Stating that no other person has a right of property in the animal; and

(3)

Acknowledging that the animal may be immediately euthanized or disposed of in accordance with subsections (d)(1) through (5) of this section.

(g)

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 statement of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The statement of the disinterested person shall be kept with the animal as required by Code of Virginia, § 3.1-796.105. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal.

(h)

No pound shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and each pound shall update such statement as changes occur. The pound shall maintain the original statement and any updates to such statement in accordance with this chapter and for at least so long as the pound has an affiliation with the foster care provider.

(i)

A pound that places a companion animal in a foster home with a foster care provider shall ensure that the foster care provider complies with Code of Virginia, § 3.1-796.68.

(j)

If a pound finds a direct and immediate threat to a companion animal placed with a foster care provider, it shall report its findings to the animal control agency in the locality where the foster care provider is located.

(k)

If any animal is claimed by its owner as specified in this section, such owner shall pay expenses for each day the animal is confined. If such owner refuses to pay for these expenses, the animal shall be deemed to be an unclaimed animal.

(l)

The following schedule of charges shall apply for animals confined at the animal shelter:

Type of Service

Fee

 

(1)

Euthanasia and burial .....$25.00

(2)

Pickup

(First offense in a calendar year) .....20.00

(Second offense in a calendar year) .....30.00

(Third offense in a calendar year) .....40.00

(3)

Adoption .....10.00

(4)

Pound, per day .....10.00

(5)

Quarantine, per day .....10.00

(6)

Cruelty impoundment, per day .....10.00

(7)

Owner surrender fee (per pet or litter) .....25.00

(Code 1988, § 3-90; Ord. No. O-00-001, 1-11-2000; Ord. No. O-12-08, § 1, 6-12-2012)

State Law reference— Confinement of stray dogs in county pounds, Code of Virginia, § 3.1-796.96.

(Code 1988, § 3-90; Ord. No. O-00-001, 1-11-2000; Ord. No. O-12-08, § 1, 6-12-2012)

State law reference

Confinement of stray dogs in county pounds, Code of Virginia, § 3.1-796.96.