AGENDA DATE: 6/7/2017
TITLE:
Title
Ordinance to amend County Code Chapter 4, Animals and Fowl
BODY
SUBJECT/PROPOSAL/REQUEST: An ordinance to amend County Code Chapter 4, Animals and Fowl, regarding Dangerous Dogs
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Walker, Kamptner, Farley
PRESENTER (S): Terry Walls
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: Virginia Code § 3.2-6540 currently defines a “dangerous dog” to mean a canine or canine crossbreed (“dog”) that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or has killed a companion animal that is a dog or cat. Under the current law, a law enforcement officer or animal control officer who has reason to believe that a dog is a dangerous dog must apply to a magistrate for a summons to be issued requiring the dog’s owner or custodian, if known, to appear before a general district court at a specified time. The court determines in all cases whether a dog is dangerous or whether any of the statutory exceptions apply, such as when the resulting injury to the person or companion animal is minor.
The 2017 General Assembly amended Virginia Code § 3.2-6540 to authorize law enforcement officers or animal control officers to determine whether a dog is dangerous. The County implements Virginia Code § 3.2-6540 in County Code § 4-218.
STRATEGIC PLAN: Quality Government Operations: Ensure County government’s ability to provide high quality service that achieves community priorities.
DISCUSSION: Effective July 1, 2017, Virginia Code § 3.2-6540 will provide that a dog that has bitten, attacked, or injured a dog or cat is not a dangerous dog if, upon investigation a law enforcement officer or animal control officer finds: (1) no serious physical injury, as determined by a licensed veterinarian; (2) the animals are owned by the same person; or (3) the attack occurred on the property of the attacking or biting dog’s owner or custodian. Virginia Code § 3.2-6540 will also provide that a dog that has bitten, attacked, or injured a person is not a dangerous dog if a law enforcement officer or animal control officer finds that the injury inflicted by the dog on the person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury.
Under amended Virginia Code § 3.2-6540, a law enforcement officer or animal control officer has the option to seek a summons as described in the Background section and have the court determine whether a dog is dangerous or whether a statutory exception applies, or whether there is other good cause as to why the dog is not dangerous or a threat to the community.
The draft ordinance (Attachment A) would amend County Code § 4-218 to incorporate the amendments to Virginia Code § 3.2-6540. If adopted the ordinance will become effective on and after July 1, 2017. The Animal Control Unit of the Police Department has confirmed that the amendments to County Code § 4-218 would not have any adverse impact on its operations.
BUDGET IMPACT: The adoption of the proposed ordinance would have no impact on the County’s budget.
RECOMMENDATION:
Recommendation
Staff recommends that after the public hearing, the Board adopt the attached ordinance (Attachment A).
ATTACHMENTS:
A - Proposed Ordinance