A Certified Virginia Law Enforcement Professional Standards Commission Agency

108 South Court Street, Luray, Virginia (540) 743-6571  Fax (540) 743-1252

E-mail:  Page County Sheriff's Office

§34-1.  Definitions

The terms used in this article shall have the meanings as prescribed in the Virginia Comprehensive Animal Laws set forth in Section § 3.1-796.66 of the Code of Virginia (1950) as amended.

§34-2.  Care of animals by owner; penalty.

A.                 Each owner shall provide for each of his companion animals: 

1.      Adequate feed;

2.      Adequate water;

3.      Adequate shelter that is properly cleaned;

4.      Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

5.      Adequate exercise;

6.      Adequate care, treatment, and transportation; and

7.   Veterinary care when needed or to p0revent suffering or disease transmission.

The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment.  This section shall not require that animals used as food for other animals be euthanized. 

B.         Game and wildlife species shall be cared for in accordance with regulation promulgated by the Board of Game and Inland Fisheries by January 1, 1994. 

C.        Violation of this section is a Class 4 misdemeanor.

§34-7.  Abandonment of animal; penalty.

No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor.  Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.

§34-22.  Unlicensed dogs prohibited; cats required to be vaccinated; diseased dogs or cats straying from premises. 

A.                 It shall be unlawful for any person to own a dog four months old or older in this County unless such dog is licensed and currently vaccinated, as required by the provisions of this ordinance. 

B.        Any person owning a cat four months old or older within this County shall have such cat currently vaccinated for rabies.  

C.        Currently vaccinated shall mean, for the purpose of this Ordinance, vaccinated or inoculated with a rabies vaccine or serum by a licensed veterinarian or a licensed veterinary technician who is under the immediate and direct supervision of a licensed veterinarian on the premises. 

D.        It shall be unlawful for the owner of any dog or cat with a contagious or infectious disease to permit such dog or cat to stray from his premises if such disease is known to the owner. 

E.        Violation of this provision constitutes a Class 4 misdemeanor.
 

§34-23.  Amount of license tax and kennel requirements.

A.        The fees for license tags as prescribed in this article shall be as follows:

            1.   Term                      Regular                     Spayed or neutered 

                 1 year                     $6.00                            $3.00

                 2 years                   $10.00                          $5.00

                 3 years                   $14.00                          $7.00

2.                  For kennels of five (5) or more dogs, not to exceed twenty (20) dogs:  $40.00

3.                  Duplicate tags for any single dog:  $1.00.

4.                  There shall be no refund allowed for the license fee paid herein in the event of the death or transfer of ownership of the dog prior to the expiration of the license term.

5.                  No license shall be issued for any dog for a term in excess of the period of the effective rabies inoculation.

B.                 No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, “hearing dog” means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond and “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 or service or support.

 C.                A kennel license may be issued pursuant to the terms of this section to a resident of the County of Page, Virginia, who is eighteen (18) years of age or older and who is the owner of the dogs, excepting person boarding dogs, and who owns and occupies the premises for which the kennel license is applied for a confined establishment for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing five or more canines but not more than twenty (20) canines. Not more that one (1) kennel license shall be issued to any person and not more than one kennel shall exist on any parcel of real estate owned by that person. Upon submitting the application for the issuance of a kennel license the owner shall provide to the office of the County’s Treasurer a written plan or drawing certifying the location, size, and dimension of the proposed kennel and in addition thereto shall provide proof of ownership of the property on which the kennel will be located and proof of the ownership of the canines which are intended to occupy that kennel. Prior to issuance of the license the Animal Control Officer of the County shall conduct an inspection of the proposed premises to determine the suitability of the premises for the care and welfare of the canines and to determine if the kennel is designed to ensure that dogs shall not stray or escape beyond the limits of the enclosure. Any license granted hereunder shall only provide for location of a kennel within the boundaries of the County of Page, Virginia, and not within any incorporated town within the County of Page, Virginia. There shall be no authority to transfer the location of the kennel for which a license has been granted hereunder without prior application for issuance of the new license to establish a new kennel location. Any person violating the provisions of this section or if any applicant for the issuance of a kennel license hereunder shall give false or misleading information to the office of the County’s Treasurer in requesting the issuance of a kennel license, upon conviction thereof, such person or applicant shall be guilty of a Class 3 Misdemeanor, and in addition thereto, any license issued hereunder based on such false or misleading information shall be declared void.

§34-24.  When license tax payable.

A.        On January 1 and not later than January 31 of each year, the owner of any dog four months old or older shall pay a license tax as prescribed in this ordinance.

B.         If a dog becomes four months of age or comes into the possession of any person between January 1 and November 1 of any year, the license tax for the current calendar year shall be paid by the owner.

C.        If a dog becomes four months of age or comes into the possession of any person between October 31 and December 31 of any year, the license tax for the succeeding calendar year shall be paid by the owner and this license shall be valid from the date the license is purchased.

§34-25.  Effect of dog not wearing collar as evidence.

Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this chapter the burden of proof of the fact that such dog has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog.

§34-26.  What dog license shall consist of.

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 or cat.

§34-27.  Duplicate license 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 or custodian shall immediately affix to the collar of the dog. The treasurer or his agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt.

§34-28.  Displaying receipts; dogs to wear tags.

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. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed dog four months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collar and license tag required by this section when (i) the dog is engaged in lawful hunting, (ii) the dog is competing in a dog show, (iii) the dog has a skin condition which would be exacerbated by the wearing of a collar, (iv) the dog is confined, or (v) the dog is under the immediate control of its owner.

§34-29.  Dogs running at large.

A.        It shall be unlawful for any person to allow a dog belonging to him or in his custody to run at large at any time during any month of the year within the whole of the boundaries of the County. For the purpose of this section, a dog shall be deemed to run at large while roaming, running, or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control. 

B.        No dog shall go upon any public street, alley, square, or any other public property, or go upon the private property of another person, without that property owner’s permission, unless accompanied and held in leash by a responsible person. 

C.        Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

§34-30.  Control of dangerous or vicious dogs.

 A.        As used in this section:           

            “Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, however, when a dog attacks or bites another dog, 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 other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog 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 that has (i) killed a person, (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer as authorized by this ordinance pursuant to the provisions of subsection D, that is a dangerous dog, provided that its owner has been given notice of that finding. 

B.                 Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious 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 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 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. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal’s owner to comply with the provisions of the ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of §34-41. 

C.                No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal’s owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other time. 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. 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 dog or vicious dog. 

D.                The owner of any animal found to be a dangerous dog shall, within 10 days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of $50. The animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal’s collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. 

E.                All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal’s current rabies vaccination, if applicable, and (ii) 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. 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 (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. 

F.                While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely 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. When off its owner’s property, an animal found to be a dangerous 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. 

G.                If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. 

H.                After an animal has been found to be a dangerous dog, the animal’s owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. 

I.                 The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor. 

J.                 All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund in the treasury of the County for the purpose of paying the expenses of any training course required under §3.1-796.104:1 of the Code of Virginia (1950), as amended. 

K.               All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence that the animal has been neutered or spayed. 

L.                All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. 

M.               Notwithstanding the provisions of subdivision B, the animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal’s owner to comply with the provisions of the ordinance. If the animal’s owner disagrees with the animal control officer’s determination, he may appeal the determination to the general district court for a trial on the merits.

§34-33.  Notification by individuals finding companion animals; penalty.

A.        Any individual who finds a companion animal and (i) provides care or safekeeping, or (ii) retains a companion animal in such a manner as to control its activities shall, within 48 hours:

1.                  Make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, or other form of identification or markings, or if the owner of the animal is otherwise known to the individual; and                

2.                  Notify the pound that serves the locality where the companion animal was found and provide to the pound contact information including at least a name and a contact telephone number, a description of the animal including information from any tag, license, collar, tattoo, or other identification or markings, and the location where the companion animal was found.

B.        If an individual finds a companion animal and (i) provides care or safekeeping, or (ii) retains a companion animal in such a manner as to control its activities, the individual shall comply with the provisions of §34-2.  

C.        Any individual who violates this section shall be subject to a civil penalty   not to exceed $50 per companion animal.

§34-34.  Evidence showing inoculation for rabies prerequisite to obtaining dog license.

No license tag shall be issued for any dog, unless there is presented to the treasurer of the County or his authorized agent, at the time the 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.

§34-35.  Rabies inoculation of dogs and domesticated cats; availability of certificate.

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. The supervising veterinarian on the premises shall provide the owner of the dog or the custodian of the domesticated cat with a certificate of vaccination. The owner of the dog or the custodian of the domesticated 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 the use in that species.

§34-36.  Rabid animals.

When there is sufficient reason to believe that a rabid animal is at large, the governing body of the county shall have the power to pass an emergency ordinance that shall become effective immediately upon passage, requiring owners of all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by the rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed 30 days unless renewed by the governing body of the County.

§34-37.  Payment of license tax subsequent to summons.

Payment of the license tax subsequent to a summons to appear before a court for failure to pay the license tax within the time required shall not operate to relieve such owner from the penalties provided.

§34-38.  Dogs killing, injuring or chasing livestock or poultry.

It shall be the duty of any animal control officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog. Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be (i) killed immediately by the animal control officer or other officer designated by the court or (ii) removed to another state which does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth which is later found in the Commonwealth shall be ordered by a court to be killed immediately.

§34-39.  Dog killing other domestic animals other than livestock or poultry.

Any animal control officer who has reason to believe that any dog is killing other dogs or domestic animals other than livestock or poultry shall apply to a magistrate of the County of Page for the issuance of a warrant requiring the owner or custodian, if known, to appear before the Page County General District Court at a specified time. The animal control officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered. If it appears from the evidence that the dog has habitually killed other dogs or domestic animals, the court may order the dog killed in accordance with the provisions of §34-41.

§34-40.  Compensation for livestock and poultry killed by dogs.

Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl, provided that: (i) the claimant has furnished evidence within sixty days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer shall have been notified of the incident within seventy-two hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.

§34-42.  Disposal of dead companion animals.

The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury, or sanitarily dispose of the same. 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 County from the owner his cost for this service. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

§34-43.  Burial or cremation of animals or fowls which have died.

When the owner of any animal or grown fowl, other than a companion animal, 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 a 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 seventy-five dollars ($75.00), and if the owner of every such fowl so cremated or buried the actual cost of the cremation or burial, not to exceed five dollars ($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. 

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.

§34-44.  Cruelty to animals; penalty.

A.                Any person who (i) 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; (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) 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 therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) 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 (vi) causes any of the above 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 (i) 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; (ii) 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; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), 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.                 Nothing in this section shall be construed to prohibit the dehorning of cattle. 

D.                This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including, but not limited to Title 29.1, or to farming activities as provided under this title or regulations promulgated thereto. 

E.                 In addition to the penalties provided in subsection A, the court may, in its discretion, require any person convicted of a violation of subsection A 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. 

F.                 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. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony. 

G.                Any person who (i) 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 (ii) 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. The provisions of this subsection shall not overrule §34-30 or §34-38. 

H.                 Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.

§34-45.  Lot boundaries to constitute fences.  (Former section 34-12)

Pursuant to Article 5, Chapter 18, Title 55 of the Code of Virginia (1950), as amended, the boundary line of each lot or tract of land in Page County is declared to be a lawful fence as to any or all of the animals mentioned in §55-306 of the Code of Virginia (1950), as amended, and it shall be unlawful for the owner or manager of such animals or type of animals to permit the same to run at large beyond the limits of his or her own lands.

§34-46.  Presumption of ownership.

Any person who allows a dog or cat to remain on or about his premises for a period in excess of seven (7) days and there is sufficient evidence presented by the Animal Control Officer that such person is providing care for such dog or cat shall be deemed the owner thereof.

§34-47.  Penalties.

Unless otherwise specified herein, a person violating a provision of this Ordinance shall be guilty of a Class 4 misdemeanor.

§34-48.  Incorporation of provisions of the Code of Virginia, as amended.

All provisions of Title 3.1, Chapter 27.4, of the Code of Virginia (1950), as amended, providing for the comprehensive control of animals, not specifically inconsistent with the provisions of this Ordinance, are hereby adopted and made a part of this Ordinance.

§34-49.  Enforcement.

 For the purposes of enforcement of the provisions of this Ordinance, whenever the term “Animal Control Officer” is used, it shall also include any other law enforcement officer.

§34-50.  Killing of coyotes.

It shall be lawful for any person to kill coyotes within the boundaries of Page County at any time, provided that such person kills such coyotes on his own property, on property on which he is the lawful tenant in possession, or on property on which such person has the written permission of the owner or the lawful tenant in possession of the property to kill such coyote.

§34-51.  Bounties for coyotes.

A.                 Provided there are still unexpended and unappropriated funds available in any given annual County budget for such purpose, there shall be a bounty in the amount of $50 paid to any person who meets the criteria set forth in this section who applies for such payment to the Board of Supervisors for each coyote killed within the boundaries of Page County; provided, however, prior to being entitled to such payment, such person shall furnish reasonable proof satisfactory to the Animal Control Officer and to the Board of Supervisors that:

1.     The animal for which the bounty is being claimed is a coyote; and           

            2.     Such coyote was killed within 72 hours before the application was made
                  for the bounty;

3.      Such coyote was killed in Page County; and

4.      Based on a sworn statement on a form furnished by the Animal Control Officer and signed by the applicant and the owner or tenant in possession of the property on which the coyote was killed, such coyote was killed either;

      a.  On the applicant's own property;

      b.  On property which the applicant is the lawful tenant in possession; or

      c.  On property in which such person has:

1.  The written permission of the owner or lawful tenant in possession to kill such coyote; and

2.  Written acknowledgement of the owner or lawful tenant in possession that such coyote was killed on such owner's or tenant in possession's property.

B.        The Animal Control Officer shall certify in writing his finding as to being satisfied with such proof to the Board of Supervisors prior to its action on the application for payment of the bounty.

C.        The Animal Control Officer shall keep a written record of all applications made for a bounty, such record to include:

            1.  The name, address, and telephone number of the applicant.

            2.  The type of animal, including a physical description thereof, which was
     killed, and the date and time killed.

            3.  The name and address of the owner of the land on which the coyote was
     killed for which application for a bounty was made.

            4.  A picture of the coyote killed for which application for a bounty was made.

D.        The total dollar amount of bounties to be paid under this chapter shall not exceed the sum of $2,000 within a given fiscal year; provided, however, that such limit may be increased in a given year by duly adopted resolution of the Board of Supervisors of Page County.

§34-52.  Penalties for false claims.

It shall be unlawful for any person to present a false claim or receive payment of a bounty on a false claim under this chapter. Violation of this section shall constitute a Class 1 misdemeanor punishable by a fine of not more than $2,500 and confinement in jail for a period not to exceed 12 months, either or both.