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VICIOUS DOG ORDINANCE PUBLIC HEARING Notice Is hereby given that the Board of Supervisors of Rappahannock County shall hold a public hearing on Monday, January 6, 1992, at 7:00 p.m. to consider the following proposed Vicious and Destructive Dog ordinance: Authority: §3.1-796.100 and 3.1-796.117 1. Definitions: (a) Vicious dog: any dog which has previously attacked or bitten, or attempted to attack or bite, any person, livestock, poultry, or companion animal, or which has behaved in such a manner that the owner or person responsible for such dog, knows, or reasonably should know, that the dog possesses the tendency to attack or bite persons, livestock, poultry, or companion animals. (b) Destructive dog: any dog which has previously injured, damaged or destroyed any personal property, including personal property affixed to real estate, of a person other than the dog's owner and while not on the ownerfs real property. (c) Run-at-large: A dog shall be deemed running at large when it is not physically confined or not held by a leash. 2. It shall be unlawful for any owner or person responsible for a dog to allow any vicious dog to run-at-large anywhere in Rappahannock County, Virginia. 3. It shall be unlawful for any owner or person responsible for a dog to allow any destructive dog to run-at-large beyond the boundary of that person's property. 4. The commission of any act made unlawful by this Ordinance is punishable as a Class 1 Misdemeanor. 5. An owner or person responsible for a dog shall be presumed to have knowledge of a dog's vicious or destructive tendencies if notified in writing of actions by the dog which would cause a reasonable person to consider the dog vicious or destructive as defined herein. 6. Nothing herein shall make unlawful: (a) A dog damaging or destroying its owner's property. (b) A dog damaging personal property of another if that property is on the real property of the dog's owner. (c) A dog biting or attacking a person or animal if in the defense of another or in self-defense. (d) A dog biting or attacking a wild animal. (e) A destructive dog running-at-large on the property of its owner or other person responsible for it. 7. If the animal warden has reason to believe that any dog is killing other dogs or domestic animals, he or she shall apply to a magistrate for a warrant requiring the owner or custodian of the dog to appear before the General District Court. (a) The animal warden shall confine the dog until such time as a verdict is rendered on the warrant; provided, the animal warden may allow the dog to remain with its owner upon being satisfied the dog shall be properly confined so to protect other animals and the public. (b) If the Court finds the dog has habitually killed other dogs or domestic animals, the Court may order the dog destroyed in one of the manners prescribed by law. (c) Any owner or custodian of a dog found to have killed other dogs or domestic animals, whether the dog be ordered destroyed or not, shall be responsible for any standard fees, including veterinary fees, and costs incurred in the confinement of the dog. (d) The proceedings under this paragraph 7 shall be civil in nature and not prevent a criminal prosecution of the person responsible for the dog. (e) Nothing herein shall prevent a consent order being issued providing for the disposition or destruction of the dog upon endorsement by the County Attorney and the owner. 8. Nothing in this Ordinance shall prevent the killing of any dog found in the act of killing or injuring livestock or poultry, or chasing livestock on land utilized by the livestock under circumstances harmful to the livestock, nor prevent the seizure of such dog by the animal warden as provided by §3.1-796.116 of the Code of Virginia. All interested persons are Invited to attend and to make comment Written comments may be submitted to the County Administrator, P.O. Box 519, Washington, VA 22747, prior to the date of the hearing.
) BY ORDER OF: / John W. McCarthy County Administrator
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