ANIMAL SERVICES COMMUNITY HANDBOOK

Transcription

1 ANIMAL SERVICES COMMUNITY HANDBOOK Loudoun County Department of Animal Services Charles Town Pike Waterford, VA Animal Control Officers and Shelter Staff Members Serving You and Your Community s Needs Prepared by the Department for: Homeowners Associations and Property Management Thomas Koenig, Animal Services Director Adrienne Burton, Chief Animal Control Officer Amy Martin, Shelter Administrator Animal Services Communication Center: (703) Direct Fax: (540) or visit our website at: This handbook serves as an informational guide for community homeowners associations and property management firms. This is not a comprehensive animal law handbook nor does it provide legal advice. The full codes and ordinances our Officers enforce can be found on our website. Please urge residents with questions or concerns regarding animal welfare issues or violations to contact the Department directly. 1

2 TABLE OF CONTENTS IMPORTANT CONTACT INFORMATION INTRODUCTION TO ANIMAL SERVICES ANIMAL CONTROL DIVISION ANIMAL CARE DIVISION STATE AND COUNTY DEFINITIONS CRUELTY TO ANIMALS CARE OF COMPANION ANIMALS BY OWNER CARE OF AGRICULTURAL ANIMALS BY OWNER. 29 ABANDONMENT CONTROL OF DANGEROUS/VICIOUS DOGS 31 DOG LICENSE TAX DOGS RUNNING AT LARGE.. 37 ANIMALS CONSTITUTING A PUBLIC NUISANCE ANIMALS CONFINED TO A VEHICLE PROHIBITED OTHER UNLAWFUL ACTS: DOG NOISE, ODOR AND WASTE. 41 RABID ANIMALS WILDLIFE 46 CATS IN OUR COUNTY COMMUNITY OUTREACH PROGRAMS (CARE Program, Operation Protect Livestock, SAVE Program, Loudoun Pet Pantry, Humane Education) ADDITIONAL ANIMAL RESOURCES

3 IMPORTANT CONTACT INFORMATION Loudoun County Veterinarians Similar to a family physician, it is important to have a veterinarian for your pet and to schedule regular check-ups to help support the health of your pet. The following is a reference list of veterinarians in Loudoun County. To determine what types of animals are seen at the practice, please contact the veterinarian s office directly. Animal Medical Centers of Loudoun - Ashburn Farm Junction Plaza Boulevard, Suite 172 Ashburn, VA Animal Medical Centers of Loudoun - Brambleton Ryan Road, Suite 112 Ashburn, VA Ashburn Veterinary Hospital Stubble Road Ashburn, VA Ashburn Village Animal Hospital Ashburn Shopping Plaza Ashburn, VA Caring Hands Animal Hospital Southern Walk Plaza, Suite 124 Ashburn, VA Loudoun Valley Animal Hospital Amendola Terrace, Suite 120 Ashburn, VA Stream Valley Veterinary Hospital Waxpool Road Ashburn, Virginia Family Veterinary Hospital of Stone Ridge South Point Drive, Suite 140 Chantilly, Virginia, Banfield Leesburg 510 D East Market Street Leesburg, VA Catoctin Veterinary Clinic 112 Dry Mill Road SW Leesburg, VA Lansdowne Animal Hospital Promenade Drive Leesburg, VA Leesburg Veterinary Hospital James Monroe Highway Leesburg, VA Loudoun Cat Care 2 Cardinal Park Drive, Unit 101-B Leesburg, VA Market Street Animal Clinic 210 East Market Street Leesburg, VA

4 Broad Run Veterinary Service Snickersville Turnpike Bluemont, VA The LifeCentre (emergency, critical care & specialty center) 165 Fort Evans Road NE Leesburg, VA Towne Animal Clinic 64A Plaza Street Leesburg, VA Middleburg Animal Hospital Sam Fred Road Middleburg, VA Blue Ridge Veterinary Associates 120 East Cornwell Lane Purcellville, VA Hoof & Paw Veterinary Service, Inc. 211 South 20 th Street Purcellville, VA Loudoun Veterinary Service, Inc A East Main Street Purcellville, VA Mobile Vets: All Creatures Snickersville Turnpike Round Hill, Old Mill Veterinary Hospital 91 Lawson Road SE Leesburg, VA North Oatlands Animal Hospital James Monroe Highway Leesburg, VA Phone: Aldie Veterinary Hospital Peacock Market Plaza, Unit 140 South Riding, VA Banfield Sterling Potomac Run Plaza Sterling, VA Countryside Animal Clinic 113 Edds Lane Sterling, VA Heritage Animal Hospital Community Plaza, Suite 102 Sterling, VA Sterling Park Animal Hospital 800 W. Church Road Sterling, VA House Paws P.O. Box 299 Purcellville, VA (703)

5 PUBLIC SAFETY Loudoun County Sheriff s Office Communications Fire and Rescue Dispatch Leesburg Town Police Purcellville Town Police Middleburg Town Police Virginia State Police Maryland State Police West Virginia State Police Loudoun County Health Department Fax Fairfax County Health Department WILDLIFE INFORMATION Wildlife Helpline Virginia State Conservation Police (Game Warden) Virginia Game and Inland Fisheries Dispatch Virginia Game and Inland Fisheries Headquarters Virginia Game and Inland Fisheries Fax Wildlife Crime Line Humane Wildlife Services Wildlife Rescue League Blue Ridge Wildlife Center Cougar Quest DEAD ANIMAL IN ROADWAY REMOVAL Virginia Department of Transportation Virginia Department of Transportation Weekend SPAY & NEUTER Loudoun County Humane Society Spay Today Spay USA Spay US (national reference) Fairfax County Humane Society Spay Inc LOW COST VACCINATIONS Pet Value happypet.com Petco Spay Today FERAL CATS Loudoun County Humane Society Metro Ferals Alley Cat Allies

6 DIRECTORY OF LOUDOUN COUNTY DEPARTMENTS Animal Services Adult Detention Building and Development Child Protection Services Circuit Court Clerk of the Circuit Court Commonwealth Attorney Construction and Waste Management Health Department/Environmental Health Agricultural Extension Family Services Fire, Rescue and Emergency Management General District Court Loudoun Water Mapping and Geographic Information Mental Health Services Parks and Recreation Public Information Sheriff s Office Solid Waste Management Treasurer Zoning Department Town of Leesburg Zoning FREQUENTLY REQUESTED PHONE NUMBERS Clarke County Treasurer Equine Rescue League Loudoun County 4-H Loudoun County Farm Bureau U.S. Department of Agriculture ADDITIONAL VETERINARIANS VIRGINIA Adams Mill Vet Hospital Ashburn Farm Animal Hospital Animal Med. Ctr. of Loudoun Ashburn Village Animal Hospital Clock Tower Vet Great Falls Vet Hospital Loudoun Vet Service Seneca Hill Vet TLC

7 MARYLAND Jefferson Vet Clinic WEST VIRGINIA Apple Tree Vet Clinic Countryside Vet Clinic Hillside Vet Clinic Jefferson Vet Clinic AREA ANIMAL SHELTERS VIRGINIA Alexandria Arlington Clarke County Culpeper County Fairfax County , option Fauquier County ACC Fauquier County SPCA Frederick County ACC Frederick County SPCA Friends of Homeless Animals City of Manassas Middleburg Humane Society Prince William County Adoption checks Prince William County Warren County MARYLAND Boonsboro Animal Control Frederick County Montgomery County Washington County Humane Society WEST VIRGINIA Animal Welfare Society Berkley County Animal Care & Control Berkley County Humane Briggs Animal Adoption Center Jefferson County Animal Care & Control Fax Jefferson County Dog License

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9 INTRODUCTION TO ANIMAL SERVICES 9

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12 ANIMAL CONTROL DIVISION Animal Control Officers Source law: Codified Ordinances of Loudoun County: Animal Control Officer Pursuant to Chapter 65 of Title 3.2 and Section of the Code of Virginia of 1950, as amended, there is hereby created the position of Animal Control Officer. The duties of the Animal Control Officer shall be those provided for in Section et. seq. of such code and such other duties as may be provided for herein. For all purposes the term Animal Warden and Animal Control Officer are synonymous. (Ord Passed ) 12

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15 ANIMAL CARE DIVISION Animal Shelter Source law: Virginia Code: , County or city pounds; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief." We are an open access animal shelter, which means that we accept all domestic animals that are brought to us by Loudoun citizens regardless of age, health, behavior or temperament, etc of the animal. No-kill or limited access shelters have the ability to turn an animal away if they determine it is unadoptable or they are unable to place the animal. The basic difference between the two sheltering types is when adoptability is determined. LCAS determines adoptability after the animal is taken into our care and has been assessed for health and behavior by our experienced staff. Limited access shelters generally determine adoptability prior to accepting the pet into their care based on health, behavior or space availability. 15

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22 DEFINITIONS Virginia Code Definitions. As used in this chapter unless the context requires a different meaning: "Abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in for a period of five consecutive days. "Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. "Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. "Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. "Adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals' feet to pass through the openings; (ii) sag under the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. "Adequate space" means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. "Adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. "Adoption" means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual. "Agricultural animals" means all livestock and poultry. "Ambient temperature" means the temperature surrounding the animal. "Animal" means any nonhuman vertebrate species except fish. For the purposes of , animal means any species susceptible to rabies. For the purposes of , animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. "Animal control officer" means a person appointed as an animal control officer or deputy animal control officer as provided in "Boarding establishment" means a place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. 22

23 "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. "Commercial dog breeder" means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. "Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that 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 for the purposes of this chapter. "Consumer" means any natural person purchasing an animal from a dealer or pet shop or hiring the services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged in sales or services. "Dealer" means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person whose primary purpose is to find permanent adoptive homes for companion animals. "Direct and immediate threat" means any clear and imminent danger to an animal's health, safety or life. "Dump" means to knowingly desert, forsake, or absolutely give up without having secured another owner or custodian any dog, cat, or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another. "Emergency veterinary treatment" means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. "Enclosure" means a structure used to house or restrict animals from running at large. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness. "Exhibitor" means any person who has animals for or on public display, excluding an exhibitor licensed by the U.S. Department of Agriculture. "Facility" means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. "Farming activity" means, consistent with standard animal husbandry practices, the raising, management, and use of agricultural animals to provide food, fiber, or transportation and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes. "Foster care provider" means a person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization. "Foster home" means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals. "Groomer" means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal. "Home-based rescue" means an animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes. "Humane" means any action taken in consideration of and with the intent to provide for the animal's health and wellbeing. "Humane investigator" means a person who has been appointed by a circuit court as a humane investigator as provided in "Humane society" means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals. "Incorporated" means organized and maintained as a legal entity in the Commonwealth. "Kennel" means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. "Law-enforcement officer" means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is 23

24 responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office. "Livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in ; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. "New owner" means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of , and who adopts or receives a dog or cat from a releasing agency. "Ordinance" means any law, rule, regulation, or ordinance adopted by the governing body of any locality. "Other officer" includes all other persons employed or elected by the people of Virginia, or by any locality, whose duty it is to preserve the peace, to make arrests, or to enforce the law. "Owner" means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. "Pet shop" means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. "Poultry" includes all domestic fowl and game birds raised in captivity. "Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. "Private animal shelter" means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. "Properly cleaned" means that carcasses, debris, food waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. "Properly lighted" when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals. "Properly lighted" when referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals. "Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. "Releasing agency" means (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption. "Research facility" means any place, laboratory, or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted. "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. "Sore" means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. 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25 herein to the contrary, nothing shall preclude the shoeing, use of pads, and use of action devices as permitted by 9 C.F.R. Part "Sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. "Treasurer" includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city. "Treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. "Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian. "Weaned" means that an animal is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species and has ingested such food, without nursing, for a period of at least five days. Codified Ordinances of Loudoun County: Definitions, Effective: March 9, 2014 As used in this chapter, unless otherwise required by the context: (a) "Adoption" means the transfer of ownership of a dog or cat from a releasing agency to an individual. (b) "Agricultural animals" means all livestock and poultry. (c) "Animal" means any nonhuman vertebrate species except fish. For the purposes of Section , animal means any species susceptible to rabies. For the purposes of Section , animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. (d) "Animal shelter" For purposes of this ordinance, animal shelter means the Loudoun County Animal Shelter (pound). (e) "Animal Control Officer or Deputy Animal Control Officer means any person appointed as an animal control officer or deputy animal control officer by the Board of Supervisors as provided in of the Code of Virginia for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals (Changed by L.1991, ch. 348; L.1993, chs. 174, 959, eff. 7/1/93.) (f) "Board" means the Loudoun County Board of Supervisors. (g) "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way that does not cause trauma or injury to the animal. (h) "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, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or 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 for the purposes of this chapter. (i) "Confinement" means confinement of the animal in a building, pen or by some other suitable escape proof method or enclosure. The animal cannot be removed from confinement unless on a leash and under the immediate control of a responsible adult. The animal cannot be moved from the premises unless permission is obtained from the Health Director. (j) "Current rabies vaccination" means a dog or cat has received a rabies immunization not less than thirty days prior to a bite incident or is protected by a previous rabies immunization. The rabies vaccine shall have been administered by a licensed veterinarian within the period of time for which the specific vaccine was intended by the manufacturer and is licensed by the United States Department of Agriculture to provide protection. A dog or cat which receives its first vaccination between three and twelve months of age is required to be revaccinated one year after the date of the first vaccination, irrespective of the type of vaccine used. (Ord Passed ) The vaccination of a wild animal with any type of rabies vaccine not licensed by the United States Department of Agriculture for that animal is not deemed to be protection against rabies. (k) "Dealer" means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals. 25

26 (l) Department means the Loudoun County Department of Animal Services. (m) "Dog running at large" A dog running at large is a dog which is roaming, running or self-hunting off the property of its owner or custodian and is not under its owner's or custodian's immediate control. However, in any County owned public park (except for any specifically designated off-leash areas) or within any residential development in any unincorporated area of the County which has a density of two housing units or more to the gross acre, 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 leash control. (n) Emergency veterinary treatment means veterinary treatment to stabilize a life threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. (o) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. (p) Home-based rescue means any person or organization that accepts more than 12 companion animals or more than 12 companion animals and three unweaned litters of companion animals in a calendar year for the purpose of finding permanent adoptive homes for the companion animals and houses the companion animals in a private residential dwelling or uses a system of housing companion animals in private residential foster homes. No homebased rescue shall operate in violation of any local zoning. (q) "Humane" means any action taken in consideration of and with the intent to provide for the animal's health and well-being. (r) Humane Society means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals. (s) "Livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities as defined in Virginia Code ; enclosed domestic rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. ( t) "Other officer" includes any other person employed or elected by the people of the Commonwealth or by the County or any incorporated town therein whose duty it is to preserve the peace, to make arrests or to enforce the law. (u) "Owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal. (v) "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (w) Pet Shop means any establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public. (x) "Poultry" includes all domestic fowl and game birds raised in captivity. (y) "Premises of the owner" means any area within or immediately contiguous to the owner's residence, where a confined animal can be competently observed and controlled by the owner. (Ord Passed ) (z) "Proof of Ownership" includes, but is not limited to, veterinary record, rabies vaccination certificate, license, photograph, bill of sale, breed registry, written transfer of ownership, or verbal or written third party verification. (aa) Quarantine means the strict isolation of an animal for a designated period of time in a veterinary hospital, the Animal Shelter, or at the owner's residence that prevents direct contact between the animal and any human or animal, but allows for the feeding and watering of the animal and cleaning of the enclosure. The local Health Director or designee shall approve of the adequacy of the method used. (bb) Releasing agency means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home based rescue, that releases companion animals for adoption. (cc) "Sterilize or sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. (dd) "Treasurer" includes the Treasurer of the County or his lawfully designated agent. Ord Passed ) (ee) "Treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. Ord Passed ;Ord Passed

27 CRUELTY TO ANIMALS Source law: Virginia Code , 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 by 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 is guilty of a Class 1 misdemeanor. In addition to the penalties provided in this subsection, the court may, in its discretion, require any person convicted of a violation of this subsection 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. 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) maliciously deprives any companion animal of necessary food, drink, shelter or emergency veterinary treatment; (iv) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clauses (i) through (iv); or (v) causes any of the actions described in clauses (i) through (iv), 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, is 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 conducted in a reasonable and customary manner. 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 Title 29.1, or to farming activities as provided under this title or regulations adopted hereunder. E. 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 is a Class 1 misdemeanor. A second or subsequent violation of this subsection is a Class 6 felony. F. 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, is guilty of a Class 6 felony. 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. The provisions of this subsection shall not overrule , , or G. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals. Any Officer who suspects or has proof of the above may apply Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale. 27

28 In Loudoun County, reports of animal cruelty and neglect are taken very seriously and are thoroughly investigated. Reports can be made anonymously to the Animal Services Communications Center and the nearest available Officer will be dispatched to investigate. 28

29 CARE OF COMPANION ANIMALS BY OWNER Source law: Virginia code Care of companion 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 to prevent suffering or disease transmission. The provisions of this section shall also apply to every public or private 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. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A 1, 2, 3, or 7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A 4, 5, or 6 is a Class 3 misdemeanor. CARE OF AGRICULTURAL ANIMALS BY OWNER Source law: Virginia Code Care of agricultural animals by owner; penalty. A. Each owner shall provide for each of his agricultural animals: Feed to prevent malnourishment; Water to prevent dehydration; and Veterinary treatment as needed to address impairment of health or bodily function when such impairment cannot be otherwise addressed through animal husbandry, including humane destruction. B. The provisions of this section shall not require an owner to provide feed or water when such is customarily withheld, restricted, or apportioned pursuant to a farming activity or if otherwise prescribed by a veterinarian. C. There shall be a rebuttable presumption that there has been no violation of this section if an owner is unable to provide feed, water, or veterinary treatment due to an act of God. D. The provisions of this section shall not apply to agricultural animals used for bona fide medical or scientific experimentation. E. A violation of this section is a Class 4 misdemeanor. The regulation for livestock and poultry, when in city limits, is primarily determined by the zoning department. However in addition to zooning, HOA covenants and bi-laws should be considered. Leesburg has its own restrictions as defined below: 4-2.Confinement of livestock. The owner or custodian of any livestock shall keep such livestock confined to his own premises, by the erection of a suitable fence, so designed and maintained that such livestock will not have access to any adjacent property 4-3. Confinement of fowl. The owner or custodian of any fowl shall keep such fowl confined to his own premises. 29

30 ABANDONMENT Source law: Virginia Code 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 public or private animal shelter or other releasing agency. Virginia Code , 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 clientpatient 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 by 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 is guilty of a Class 1 misdemeanor. In addition to the penalties provided in this subsection, the court may, in its discretion, require any person convicted of a violation of this subsection 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. Report any possible violations or suspected abandonment cases to the Animal Services Communications Center: If applicable, take note of any pertinent information such as address, vehicle description/tag information, suspect description, as well as animal location and condition. 30

31 CONTROL OF DANGEROUS/VICIOUS DOGS Source law: Virginia Code Control of dangerous dogs; penalties. 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 that is a dog or cat, or killed a companion animal that is a dog or cat. 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. No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community. B. Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog shall apply to a magistrate serving 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. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous. 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 this section. The court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. 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. C. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a dangerous 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 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, 31

32 or assaulted the animal at other times. 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. 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. D. 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. E. The owner of any animal found to be a dangerous dog shall, within 45 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of $150, in addition to other fees that may be authorized by law. The local animal control officer or treasurer 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. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee of $85 and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. F. All dangerous dog registration 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; (ii) that the animal has been neutered or spayed; and (iii) 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 (a) 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 (b) the animal has been permanently identified by means of electronic implantation. 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. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000. G. While on the property of its owner, an animal found to be a dangerous 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. 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 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. H. The owner shall cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip identification information; (vi) proof of insurance or surety bond; and (vii) the death of the dog. I. After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority to be notified if the animal (i) is 32

33 loose or unconfined; (ii) bites a person or attacks another animal; or (iii) is sold, is given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within 10 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. J. Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: 1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; 2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or 3. Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person. The provisions of this subsection 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. K. The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a Class 1 misdemeanor. Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog 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. Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to or (ii) grant the owner up to 45 days to comply with the requirements of this section, during which time the dangerous dog 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 dog to be disposed of by a local governing body pursuant to The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. L. 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 this section and fees due to the State Veterinarian for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under M. The governing body of any locality may enact an ordinance parallel to this statute regulating dangerous dogs. No locality may impose a felony penalty for violation of such ordinances. 33

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35 DOG LICENSE TAX Source law: Codified Ordinances of Loudoun County: LICENSE TAX. No person shall own a dog four months old or over in the County unless such dog is licensed, as required by this chapter. The licensing period for such dogs will run concurrently with the rabies vaccination effective period. The license tax shall be payable at the office of the Treasurer and shall be in accordance with the fee schedule (Section ). Owners may purchase a one, two, or three year license tag to run concurrent with their dog s rabies vaccination effective period. No license tax shall be levied on any dog that is trained and serves as a guide dog, hearing dog, handicapped assistance dog, service or support dog. (Ord Passed ) PAYMENT SCHEDULE. The license tax on dogs shall be due and payable as follows: (a) The owner of any dog four months old or older shall obtain a license as prescribed in Section (b) If a dog owned by a resident of the County i) becomes four months of age, or ii) is brought into the County by the owner, is over four months of age and unlicensed by the County or any other jurisdiction in the Commonwealth, the license tax for the remaining rabies vaccination effective period shall be paid by the owner within 30 days of either event. Reasons to License Your Dog: Legal Responsibility Failure to purchase a dog license is a Class IV Misdemeanor which can carry up to a $250 fine (pre-payable offense, $50 plus proof of current license). Veterinarians are also required by Virginia State code section to provide the Treasurer's Office in each locality with a copy of all canine rabies vaccination certificates. Additional Reasons: A license tells everyone that your pet is not a homeless stray, and can identify you as the owner should your pet be found running loose. Animal Control Officers will attempt to return your licensed dog home to you immediately, avoiding a trip to the animal shelter. The owner is required to cover any associated impound fees. Dog licenses are required for entrance to many dog parks. License fees support Animal Services programs including: care and housing for approximately 3,000 stray and abandoned animals a year, investigations of animal neglect and cruelty, emergency rescue and response services for animals, adopting homeless pets to new families, and community education and outreach. Your dog license is proof that your pet has been vaccinated against rabies. 35

36 How do I purchase a dog license? The Commonwealth of Virginia requires Loudoun County to require all dogs four months of age and older to be licensed. In Loudoun County, dog licenses are issued to run concurrently with the rabies vaccination effective period for each individual dog. The county will also issue permanent tags to remain with the dog for its lifetime (replacement tags are available if needed). All dogs must have a license tag securely attached to a collar and worn whenever the dog is off of the owner s property. Citizens have the option to purchase dog licenses for one-, two-, or three-year periods provided that the rabies certificate is valid for the period of time being covered. The cost is $10 per dog per year, regardless of spay/neuter status. Dog licenses may be purchased at the Animal Shelter, the Treasurer's offices in Leesburg and Sterling, or by mail. For more information on dog licensing, contact Animal Services at ext or via at animals@loudoun.gov. Dog licenses can be purchased in person at three locations: Loudoun County Animal Services o Charles Town Pike, Waterford VA Loudoun County Government Center/Treasurer s Office o 1 Harrison Street, Leesburg VA (First Floor) o Hours 8:30 AM 5:00 PM Loudoun County Satellite Treasurer s Office o Ridgetop Circle, Sterling VA, Suite 104 o Hours 8:30 AM 5:00 PM At this time, dog licenses cannot be purchased/paid for online or over the telephone! This application can be found on the Department s website to be completed and mailed: 36

37 DOGS RUNNING AT LARGE Source law: Codified Ordinances of Loudoun County: RUNNING AT LARGE. It shall be unlawful for any owner or custodian to allow any dog to run at large. The Animal Control Officer shall enforce the provisions of this chapter. Any person who permits his dog to run at large, or remain unconfined, unrestricted or not penned up and off the property of the owner or custodian, shall be deemed in violation of this section. (Ord Passed ) Penalty, Class IV Misdemeanor (fine of up to $250). This is a pre-payable offense ($50 first offense within 1 year, $75 second offense within 1 year, $100 third offense within 1 year, $250 fourth offense within 1 year.) Town of Leesburg Code: Sec Running at large. A dog's owner or custodian shall not permit it to run at large, roam or self-hunt in the town off the property of the owner or custodian while not under physical leash control. Any person who owns a dog which runs at large or remains unconfined, unrestricted or not penned up and off the property of the owner or custodian shall be deemed in violation of this section. Whoever violates or fails to comply with any of the provisions of this section is guilty of a class 4 misdemeanor. Dogs that are inside the town-designated dog park are excluded from the physical leash requirement. Reflect back on the definition: "Dog running at large" A dog running at large is a dog which is roaming, running or self-hunting off the property of its owner or custodian and is not under its owner's or custodian's immediate control. However, in any County owned public park (except for any specifically designated offleash areas) or within any residential development in any unincorporated area of the County which has a density of two housing units or more to the gross acre, 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 leash control. If an Animal Control Officer picks up your dog, every attempt will be made to return the dog to your home pending any incoming priority calls. The first impound of a dog is $35 and every subsequent impound is $75. If your dog is not returned to your home, you will need to reclaim it at the shelter. Boarding fees may accrue depending on how long the animal stays at the shelter. All dogs are required to be held for a 10 day stray wait period before they can be dispositioned by the County. The owner/custodian of the dog will need to provide payment and proof of ownership before the dog can legally be returned to their custody. Proof of ownership requirements are as follows: Dog license Rabies vaccine/veterinary records/microchip Photographs Third party verification 37

38 ANIMALS CONSTITUTING A PUBLIC NUISANCE Source law: Codified Ordinances of Loudoun County: ANIMALS CONSTITUTING A PUBLIC NUISANCE (a) All animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. Acts deemed a public nuisance shall include but are not limited to the following: (1) Attacks a companion animal (other than a dog or cat) so as to cause injury, unless such animal trespassed upon the property on which the attacking animal is kept; (2) Is causing a traffic hazard; or (3) Trespasses upon other s property and causes damage to that property. (b) A dog shall also be deemed a public nuisance if it: (1) Commits acts resulting in two or more convictions of its owner for a violation of section (Running at large) within a twenty-four (24) month period; (2) Commits acts resulting in one or more convictions of its owner for violating Section (5) (Dog noise) within a twenty-four (24) month period; or (3) Commits acts resulting in one or more convictions of Running at Large where the dog was found on school property or at a public park. (c) The owner of any animal(s) suspected of constituting a public nuisance shall be issued a summons to appear in general district court to show-cause why such animal should not be found to be a public nuisance. (1) The Animal Control Officer shall confine the animal(s) at the Loudoun County Animal Shelter until the court has rendered a final decision in the case. (2) The owner shall be responsible for the impoundment and boarding fees of any such animal, which shall be payable to the County of Loudoun. (3) The Animal Control Officer may permit the owner to confine the animal until a verdict is rendered if the officer determines that the owner can do so in a manner that will prevent it from further causing a public nuisance. (4) Large animals may be confined in a manner and at a location determined appropriate by the Animal Control Officer. (d) Upon proof that such animal does constitute a public nuisance the general district court may order the owner to do any of the following: (1) Surrender the animal to the Department; (2) Properly confine it; or (3) Any other manner of abatement the court may deem to be appropriate. No person shall fail to comply with such an order. Any person that fails to comply with an order abating the nuisance shall be guilty of a class 1 misdemeanor. Any person found guilty of violating any other provision of this section shall be guilty of a class 3 misdemeanor. 38

39 ANIMALS CONFINED TO A VEHICLE PROHIBITED Source law: Codified Ordinances of Loudoun County: CONFINEMENT OF ANIMALS IN VEHICLES PROHIBITED. (a) Any person who confines an animal in an unattended, enclosed vehicle where the outside temperature is 70 degrees or greater, and the interior of the vehicle is not provided with conditioned air to maintain an internal temperature of 80 degrees Fahrenheit or less, shall be guilty of a class 3 misdemeanor. (b) Any person who confines an animal in an unattended, enclosed vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class I misdemeanor. The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment. (c) In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia (1950), as amended, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation. Town of Leesburg Code: Sec Confinement of animals in vehicles prohibited. (a) Any person who confines an animal in an enclosed vehicle so as to endanger it by exposure to excessive heat, cold or inadequate ventilation shall be guilty of a misdemeanor and, upon conviction, shall be guilty of a class 3 misdemeanor. Any law enforcement official may access the enclosed vehicle and remove such an endangered animal. Such animal may be transported to a veterinarian by the law enforcement official at the expense of the defendant or the owner of the animal. (b) In any prosecution charging a violation of this section, proof that the animal was confined in the vehicle described in the complaint, summons or warrant in violation of this section together with proof that the defendant was at the time the registered owner of the vehicle, as required by Code of Virginia, title 46.2, ch. 6 (Code of Virginia, et seq.) shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. Pets in Hot Cars - A Deadly Combination Nearly every day in the spring and summer, Loudoun County Animal Control Officers respond to reports of pets left inside cars on hot days. The cars are usually found in shopping center parking lots, and the pet owners often offer the same response - "I was only in the store for a few minutes." Not only is it illegal to leave an animal in car when the outside temperature is above 70 degrees and the temperature inside the vehicle is above 80 degrees, but it can also be deadly. You can help! If you see a pet left unattended in a hot car, follow these easy steps. Record the make, model, color, license plate number, and location of the vehicle. Call LCAS at (703) or Loudoun County Sheriff's Department at (703) Report this information to the store manager and ask that the owner of the pet be paged. If possible, stay until an Animal Control Officer arrives to help them locate the vehicle quickly. 39

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41 OTHER UNLAWFUL ACTS Source law: Codified Ordinances of Loudoun County : (5) DOG NOISE (5) Dog noise. For any person to own, possess or harbor any dog of any age which frequently or for a continued duration howls, barks or makes other sounds which annoy or disturb a reasonable person of normal sensitivities across a residential real property boundary or through a partition common to two persons within a building. No action shall be brought under this paragraph unless the alleged offense has been complained of by at least two persons not of the same household, unless there is no more than one household within one-half mile of the property line of the property on which the source of the complaint is located, in which case one complaint shall be sufficient. Complaints shall be made in writing to the Department or by telephone to the Sheriff s Office. Complaints received by telephone must be verified by the investigating officer at the complaint location, in order to be considered valid. When the complaint is verified, a notation will be placed in the Computer Aided Dispatch system reflecting this violation. Any subsequent valid complaint at this same location will constitute a second offense and a citation may be issued (6) DOG ODOR Companion Animal odor. For any person who owns, possesses or harbors a companion animal to maintain such companion animal in a manner which causes odors offensive to a reasonable person of normal sensitivities across a real property boundary or through a partition common to two persons within a building, except that no action shall be brought under this paragraph unless the offense has been complained of in writing : (9) DOG WASTE For the owner of any dog to fail to remove immediately the dog's feces from any property that is located: In any residential subdivision; or, adjacent to such residential subdivision, except; No action shall be brought under this paragraph for failure of a dog owner to remove the dog's feces from the premises of the dog owner, notwithstanding any contrary provision of law. This exception shall not apply to the common areas of a homeowner's association, condominium or apartment complex. (Ord Passed ) Complaints of violations of subsections (5), (6), and (9) shall be investigated by the Department or any law enforcement officer. If, after notification by the investigating officer, any person owning, possessing or harboring a dog or companion animal which is the source of such complaint fails to correct the condition complained of within a reasonable period of time, a summons for a violation of paragraph (5) or (6) or (9) hereof shall be issued to such a person. 41

42 RABID ANIMALS Source law: Codified Ordinances of Loudoun County: RABID ANIMALS (a) Dogs or cats showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog or cat shall be euthanized as provided in Section Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the County Health Department the existence of such animal, the place where the animal was seen, the owner's name, if known, and the symptoms suggesting rabies. (b) 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 infected with rabies, and which is not available for rabies testing, shall be confined in the Animal Shelter or in a kennel or enclosure approved by the Health Department for a period not to exceed six months at the expense of the owner. If confinement is not feasible, the dog or cat shall be euthanized as provided in Section 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 current rabies vaccination shall be re-vaccinated immediately following the bite 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 forty-five days. If it later becomes known that the animal which bit the confined animal was not rabid, the confined animal shall be released. (c) At the discretion of the Director of the Health Department, any animal which has bitten a person shall be confined under competent observation for ten days unless the animal develops active symptoms of rabies or expires before that. A seriously injured or sick animal may be humanely euthanized as provided in Section and its head sent to the Health Department, for evaluation. If confinement cannot, in the opinion of the Health Director, be made on the premises of the owner, the animal shall be confined in a manner approved by the Health Director, and the owner shall be responsible for an impoundment fee, if applicable, and the daily board in accordance with the fee schedule (Section ). Upon written direction from the Health Director the Animal Control Officer shall confine the animal at the Animal Shelter for the required period at the expense of the owner. (d) When a human is exposed to rabies by a wild nondomestic, feral domestic or non-indigenous animal for which the period of rabies virus shedding, prior to the onset of clinical signs of rabies, is unknown, according to the State Department of Health, by a bite, lick, scratch or other exposure, the animal shall be immediately and humanely destroyed for rabies testing. In the case of a non-indigenous animal, where the owner submits to the Health Director a written, sworn affidavit, and, where appropriate, other reliable evidence is submitted, which shows to the satisfaction of the Health Director that the animal has never been exposed to an environment where it could possibly contract or be exposed to rabies, then the animal shall not be destroyed. (e) (EDITOR S NOTE: Subsection (e) was repealed by Ordinance 83-06, passed June 6, 1983.) (f) All dogs and domesticated cats over four months of age, or older, in the County are required to have a current rabies vaccination. As used in this section, "domesticated cat" or "domestic cat" means a cat that is owned, in the possession of or being regularly fed or sheltered by a resident of the County. (Ord Passed ) (Penalty of Class IV Misdemeanor, pre-payable of $50 with proof of vaccine.) (g) 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 Health Director in a manner approved by the Health Department or humanely euthanized as provided in Section and its head sent to the Health Department for evaluation. (h) When any animal, other than a dog or cat, 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, that newly exposed animal shall be confined at the discretion of the Health Director in a manner approved by the Health Department or humanely euthanized as provided in Section

43 Rabies exposure: When a wild animal being a rabies vector (warm blooded mammal) has contact with a domestic animal or person, especially if a scratch or bite occurs, or any dog bites to people and cat bites/scratches to people. If your dog or cat kills or fights with a wild animal, contact the Department immediately so that an Animal Control Officer can be dispatched to confine the wild animal if it is still alive. If it is deceased as a result of contact with yourself or your pet, contact the Department and the sample will be picked up by an ACO for testing by the Loudoun County Department of Environmental Health. The Health Department can be reached for any rabies exposure/quarantine/confinement questions at Animal Control Officers will request proof of rabies vaccine status for dogs and cats suspected of being involved in an animal bite. As a dog and/or cat owner, you are required to provide proof of vaccination to any Officer or Health Official who requests it. Virginia Code Withholding information about possibly rabid animal; penalty. It shall be unlawful for any person to (i) knowingly withhold information from, or knowingly give false information to, any lawfully authorized governmental agent which would reasonably lead to the discovery or location and capture of any animal reasonably identifiable as one that has potentially exposed a human being to rabies; (ii) upon the request of an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to grant access to any animal owned, harbored, or kept by that person that is suspected of having caused a rabies exposure to a human being; or (iii) upon notice by an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to comply with a confinement, isolation, or quarantine order. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. 43

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51 BE PATIENT WITH WILDLIFE! Animal Services does not respond to nuisance wildlife. Harassment Techniques Establish points where the animal is entering and exiting the den. Close off all but one of the entrances or exits. Place flour, paper, or leaves near the opening to determine if it is an active den. Once restricted to one entrance, place a light, radio tuned to talk station, urine or ammonia smell close to the entrance point as a deterrent. Use caution to ensure only non-toxic substances are used for humane and safety reasons. Continue this harassment for a period of 72 hours. During this time the mammal will likely move to a new home. After 72 hours are up, remove the harassments and repeat the flour, paper, or leaves test for another 72 hours. If the ground cover remains intact, the animal is gone. The remaining hole should then be sealed. Harassment techniques: o Start by placing objects such as leaves, soil, or mulch in the den openings to disturb the residents. o Used kitty litter or almost anything with a strong human scent will also alarm the foxes (try a sweat-soaked T-shirt after a good jog). o Mount Mylar balloons two to three feet off the ground, just outside the entrance to the den. o Place an ammonia or urine smell close to entrance point of den and perimeter of yard. Foxes Opossum Are spotted more often in winter because there is a lack of natural foliage to cover them. Foxes are opportunistic feeders and forage anytime of the day if they have detected available food, not just at night. Foxes prey on squirrels and birds, who are only active during the day. Foxes will often come into residential areas seeking an easy food source (uncovered garbage or pet food outside). For the most part, they go to great lengths to avoid contact with people BUT: o If there is an appealing food source available, they will tolerate human proximity so remove all sources of food. Food lures foxes so to reduce the likelihood of their visiting your yard be sure to: 1. Never compost meat scraps. 2. Store trash securely or place it outside only on the morning of collection. 3. Don t leave pet food outside. 4. Never deliberately feed wild animals such as foxes. 5. Keep area under birdfeeders free of spilled seed. Opossums have a lower body temperature than other warm blooded animals so they rarely get rabies, and therefore are not generally a rabies concern. Opossums have a peculiar defensive behavior: o Hissing o Freezing in position o Drooling 51

52 Seeing an opossum out during the day is not a cause for concern unless circling, paralysis, or other obvious injury or illness is observed. Remove food sources from garages and porches. Place lids on trash cans and do not leave pet food outside. Pick up any fruit that has fallen from trees which is an attractant. To find out if an opossum has moved in, loosely fill in the suspected den opening with straw, crumpled newspaper, soil or leaves. If the hole has been disturbed then you know the animal has taken up residence. Wait until two hours after dark when most likely the opossum has exited the den for night and cover the entrance of the den with wire mesh. Raccoons Raccoons are extreme opportunistic feeders. Ensure garbage is stored in the garage with secure lids. Raccoons may come out during daylight hours if: o They are disturbed or chased away from their den. o If food resources are limited and extra foraging is required. o If competition for food is high. A raccoon s initial reaction when confronted by a person is to stop and observe. It is normal for raccoons to pick a spot that seems safe to sleep for the day (a deck or balcony, leaf/brush piles or tree cavity). It is best to leave it alone if discovered because it will typically leave at some point during the night. In the spring and summer, mother raccoons which are hard pressed to feed their young, forage all day long. Skunks Skunks are generally easy-going and will not intentionally bother people. In the spring, skunks will look for food during the day when they have young. Skunks are beneficial and eat many insects and rodents. Skunks are attracted to garbage and pet food, wood and rock piles, elevated sheds, porches and crawl spaces. To avoid attracting skunks, secure trash and feed pets indoors. Skunks dig for grubs in lawns when wet soil conditions push grubs close to the surface. To evict, loosely pack the den hole with leaves or straw or other material to see if the skunk gets the message and moves elsewhere. A couple of hours before dusk, adding light and noise to make an attractive space unattractive may help. Place used kitty litter near or inside the den to one side so the skunk gas to pass it to get out. Ammonia soaked cloths can be placed near the opening to discourage its use. Ducks/Geese A duck or goose family walking along or trying to cross a busy road is a common sight during nesting season. The family is heading for a body of water where the young can be raised. The water source may not be obvious, but it is nearby. If chased, the adults will fly off and babies will scatter which risks their ability to relocate each other. 52

53 CATS IN OUR COUNTY If you feed a stray cat in Loudoun County, you are its owner and are therefore responsible for providing it with adequate food, water, shelter, and a rabies vaccination. Remember the definition of owner : Virginia Code Definition: "Owner" means any person who: has a right of property in an animal, keeps or harbors an animal, has an animal in his care, or acts as a custodian of an animal. If you are concerned a stray cat in your neighborhood is in need of veterinary care or further assistance, please contact Animal Services Communications Center for advice. 53

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55 COMMUNITY OUTREACH PROGRAMS CARE Program: C.A.R.E is dedicated to providing pet owners in need with financial assistance, goods, and services to enhance the quality of life for their companion animals while keeping pets in loving, caring homes. C.A.R.E. was created to provide assistance to citizens of Loudoun County who are elderly, seriously ill, injured, or in a situation where they cannot afford to care for their pet. The goal of C.A.R.E. is to assist individuals in keeping and caring for their beloved companion animals. Spay/Neuter Assistance Provides spay and neuter assistance to individuals who pets are in need of spaying or neutering. Qualifying participants must submit an application and illustrate that they are receiving financial assistance or are in financial hardship. This program is successful through the participation of the Veterinarians of Loudoun County. Medical Assistance Financial assistance is provided to individuals whose pet is in need of urgent medical treatment that they are unable to financially provide. This program is successful through the participation of the Veterinarians of Loudoun County. Habitat for Pets This program provides free new doghouses and assists with the enhancement in the manner in which pets are confined. The program is targeted towards lower income families of Loudoun County. Each recipient will receive educational material about proper care of their pet. Pet Pantry Partners with The Humane Society of Loudoun County and Loudoun Interfaith Relief on the Loudoun Pet Pantry. The mission of the partnership is to help keep pets in loving homes by providing food supplies for families in need. The C.A.R.E. program is dedicated to keeping pets in caring loving homes by providing their owners with financial, educational and hands on support. 55

56 Operation Protect Livestock: Operation Protect Livestock is a free Loudoun County Sheriff s Office and Animal Services program to quickly notify livestock owners when their animals break free from their fenced enclosures and wander into the roadways. - Livestock owners provide the Sheriff s Office or the Department of Animal Services with their emergency contact information. When livestock is discovered wandering in roadways or onto the land of another, the 911 center can search for the address and immediately attempt to reach the livestock owner, any time of the day or night. - Over the years, the Loudoun County Sheriff s Office and the Department of Animal Services have received phone calls indicating that livestock have broken free and are at large. When the Sheriff s Office or Animal Services arrive, the goal is to immediately secure the animals and notify the owner. - Often times however, the owners are not home. By participating in this program, and providing emergency contact information, the 911 Center can attempt to contact you while units are en- route, as well as provide needed information for the field units while they are on scene. The goal is to safely secure the livestock before any possible injuries occur to the animal(s). - Getting livestock back safely onto the property of their owner also prevents property damage and destruction, therefore reducing the risk of liability for the livestock owner. By quickly notifying the livestock owner, the animals can be safely returned. Reduces the risk of automobile accidents and property damage caused by loose livestock. Provides peace of mind to you, the animal owner, knowing that in the event of an emergency you and your animals will receive immediate and professional assistance. - By providing your information it allows animal control officers and sheriff s deputy's to perform their duties quickly and efficiently, ensuring that the livestock owners of Loudoun County have one less thing to worry about. - Loudoun County Animal Services wants to help you during a crisis. Participate in the Protect Livestock program by providing contact information for your household and a record of your livestock. Having this information is key for emergency responders to better plan and assists you and your animals in the event of an emergency or extreme weather. Enroll by Protectlivestock@loudoun.gov - Include the following information: Owner Name Farm Name Owner street address Home phone number, Cell phone number Emergency Contact Phone Number (for when away from home) Livestock Location Livestock information -Type, Head count, Breed, Color Means of identification (i.e. microchip, ear tag, brand or tattoo) 56

57 SAVE Program: Stop Abuse & Violence Effort Communication + Education = Prevention The purpose of Loudoun County Animal Services S.A.V.E program is to facilitate the community s recognition and understanding of the dynamic connection between animal abuse and the cycle of family and societal violence. Loudoun County Animal Services goal is to combat violence in the home through a multi-discipline approach to ensuring the safety of humans and animals alike by focusing on the important role animals play, not only as victims but also therapeutic mediums teaching empathy and providing familial stability. GOALS/OBJECTIVES To establish a humane education program within the Loudoun County Public School system that focuses on family and societal violence. This program will provide children ages 4-18 with the knowledge, tools, and empathic skills needed to mitigate the cycle of violence. The program will focus on all aspects of family violence with strong animal abuse awareness and anti-bullying components - highlighting the presence of animal abuse as an important warning sign in the progression to human violence. To establish and maintain open and consistent communication with all departments and agencies that focus on the management and eradication of family violence. The establishment of an internal liaison position to ensure consistent reporting, identification of animal abuse cases as well as provide education and sheltering options for families in transition. Create and implement a standard reporting form, available as a website/ link, allowing fast and easy reporting of cases of possible animal abuse/neglect available to all family violence oriented departments and agencies. The creation of a program that uses animals to teach empathy. The program would also work to rehabilitate children that have been found guilty of or at risk of committing acts of abuse towards animals. 57

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61 ADDITIONAL ANIMAL RESOURCES 61

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