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9.02 - General Provisions#
9.02.020 - Definitions#
Animal Control Officer: The custodian selected by the Town Council to be responsible all aspects of animal control.
At Large: Shall be intended to mean that every person who has in his/her possession or under his/her control any animal within this Town shall keep any such animal securely penned, leashed or under voice command at all times.
Dog: Any male, female or spayed female dog of any age.
Impounded: Having been received into the custody of the Town pound or into the custody of any authorized agent or representative of the Town.
Owner: When applied to the proprietorship of a dog, shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.
Pound: An animal shelter, lot, premises or building maintained by or authorized or employed by the Town for the confinement or care of dogs seized either under the provisions of this Title or otherwise.
Unlicensed Dog: A dog for which the license for the current year has not been paid, or to which the tag provided for in this Title is not attached.
Vicious Dog: A dog that has bitten a person without provocation or a dog that has a known propensity to attack or bite human beings or other animals.
9.04 - Administration#
9.04.010 - Animal Control Officer Created#
The position of Town Animal Control Officer is hereby created. The Town Mayor shall appoint the animal control officer with the advice and consent of the Town Council. The Animal Control Officer shall be empowered to designate assistants, with the approval of the Mayor, to administer and enforce the provisions of this Title.
9.04.020 - Duties of Animal Control Officer#
The Animal Control Officer shall perform the following duties: A.
Carry out and enforce the provisions of this Title.
B.
Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.
C.
Enforce the licensing of and control of all dogs within the town as hereinafter provided.
D.
File complaints in the courts against any person failing to comply with the provisions of this Title and obtain licenses when required thereunder.
E.
Capture and secure all dogs found running at large contrary to the provisions of this Title and impound such dogs in a humane manner.
F.
Provide for a good and sufficient pound in which ail animals duly committed to his charge or otherwise impounded by him shall be maintained.
G.
Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstance under which received or impounded, and a description thereof sufficient to provide identification, the costs expended for the maintenance of the animals and amounts received arising out of maintenance or sale of animals.
9.04.030 - Animal Shelter Designated#
The Town Council may contract with some humane person as animal control officer, with an adjoining municipality or with the county for the purpose of providing suitable premises and facilities to be used by the town as the dog pound. It shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect the dogs from injury.
9.04.040 - Rules and Regulations#
A.
Interference with the Animal Control Officer is Prohibited. It shall be unlawful for any person to interfere, molest, hinder or obstruct the Animal Control Officer or any of his authorized representatives in the discharge of their duties as herein prescribed.
9.04.050 - Fees#
The Town of Virgin shall charge fees for services (see fees Ordinance #2005-11a). The Animal Control Officer shall charge, and the owners of animals taken into his possession for impound disposal or other services shall pay, such fees and charges for services performed by the pound or Animal Control Officer as the Town Council shall establish from time to time by resolution. All fees received by the Animal Control Officer shall be paid over to the Town Treasurer.
9.06 - Licensing Requirements#
9.06.040 - Dog Licensing Required#
A.
It is unlawful for any person to keep, harbor or maintain any dog three (3) or more months old unless such dog has been registered and licensed in the manner herein provided.
B.
The fee due and payable pursuant to this Title shall be due January 1, and shall be delinquent after January 31 of each year. A penalty of fifty percent (50%) shall be added to delinquent payments.
C.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age after April 15 of any year shall make an application for registration and license within thirty (30) days after such acquisition or dogs attain the above stated age; provided, that the license fee shall be one-half (1/2) of that above required for new applications received after July 1 of any year.
9.06.050 - Application; Expiration#
Application for registration and licensing shall be made to the animal control officer or such other person as the Town Council may authorize to receive such applications. The owner shall state at the time application is made for such license, his name and address, and the sex, breed, and color of each dog owned or kept by him.
9.06.060 - Dog Licensing Fees#
A.
Fees Enumerated. No dog license shall be issued by the town unless the fee required herein is paid. The fee shall be in such amount as established by ordinance of the Town Council.
B.
Kennel Fees. Anyone owning, keeping, harboring or maintaining three (3) or more dogs over the age of four (4) months shall be considered operating a dog kennel and shall be required to pay an annual kennel license fee in such amount as established by ordinance of Town Council which also requires that each dog be individually licensed.
C.
Expiration. The license fee shall cover the calendar year in which the license was issued, expiring on December 31 of the year of issuance, regardless of the date when issued.
9.06.070 - License Tag#
A.
Issuance. A dog license shall be issued by the animal control officer or such other person as the Town Council shall authorize. Upon payment of the license fee, the Town Clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every dog owner shall provide each dog with a collar to which the license tag shall be affixed, and shall see that the collar and tag are constantly worn. It shall be unlawful for anyone other than the owner to deprive a registered dog of its collar and/or tag.
B.
Duplicate Tag. In case a dog tag is lost or destroyed, a duplicate will be issued by the Town Clerk upon presentation of a receipt showing the payment of the license fee for the current year and the payment of five dollars ($5.00) for such duplicate.
C.
Tag Non-Transferable or Refundable. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owner leaving the Town before expiration of the license period.
9.06.080 - Licensing Exemptions#
A.
Temporary Residents. The provisions of this Section shall not be intended to apply to dogs, whose owners are nonresidents temporarily within the town for fewer than sixty (60) days, nor to dogs brought to the town for the purpose of participating in any dog show, nor to commercial kennels.
B.
Guide Dogs. Dogs used as guides for blind persons and commonly known as Seeing Eye dogs shall be licensed and registered as other dogs hereinabove provided; except that the owner or keeper of such dog shall not be required to pay any fee therefore.
9.08 - Conduct and Prohibited Acts#
9.08.020 - Farming and Ranching Practices#
A.
Treat in Cruel and Inhumane Manner. Needlessly mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any domestic animal or cause any of these acts to be done.
B.
Abandon. Abandon or turn out at large any sick, diseased or disabled animal but such animal shall, when rendered useless by reason of sickness or other disability, be killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or hazard to health.
C.
Kill or Poison. Unlawfully kill any domestic animal, or to administer poison to any such animal or to expose any poisonous substance with the intent that it shall be taken by any such animal.
D.
Fail to Provide Care. Fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements, or cause any of these acts to be done.
E.
Intentionally Exhibit. Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person.
F.
Maintain Place of Exhibition. Maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager.
9.08.040 - Vicious Animals#
A.
Unlawful to Own and Possess. It shall be unlawful for any person to own and possess a vicious dog within the Town. Whenever a prosecution for this offense is commenced under this Section, the dog so involved may not be redeemed, pursuant to the provisions of this Title, while awaiting final decision of the court as to the disposition to be made of such dog.
B.
Disposition After Conviction of Offense. Upon the trial of any offense under this Section, the court may, upon conviction and in addition to the usual judgment of conviction, order the animal control officer or other authorized personnel of the Town to put the dog to death or may order such other disposition of the dog as will protect the inhabitants of the Town.
9.08.060 - Dogs Running at Large#
In accordance with standard fanning and ranching practices, it shall be unlawful for: A.
The owner or keeper of any dog to permit such dog to run at large.
B.
An owner of a dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.
Any dog running at large in violation of the provisions of this Section is hereby declared to be a nuisance and a menace to the public health and safety, and the dog shall be taken up and impounded as provided in this Title.
9.08.070 - Disposition of Dead Animals; Violation#
The owner of any animal or fowl that has died or been killed shall remove or bury the carcass of such animal within ten (10) hours after its death; provided, that no horse, cow, ox, or other animal shall be buried within the closely inhabited portions of the Town. A violation of this Title is a class C misdemeanor, subject to penalty as provided in the Title.
9.08.080 - Female Dogs in Heat#
The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance.
9.08.090 - Unlawful to Harbor Stray Dogs#
It shall be unlawful for any person to harbor or keep within the Town any lost or strayed dog without notifying the Animal Control Officer. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the Town Clerk or Animal Control Officer, who shall impound for running at large contrary to the terms of this Title. If there shall be attached to such dog a license tag for the then current fiscal year, the animal control officer shall notify the person to whom such license was issued, at the address given on the license.
9.08.100 - Loud or Offensive Animals#
No person, persons, firm or corporation shall own, keep or harbor any dog which by loud, continued or frequent barking, howling, yelping, or by noxious or offensive orders, or in any other manner, shall annoy, disturb or endanger the health and welfare of any person or neighborhood. The Animal Control Officer may order the impounding of any such nuisance dog pending the resolution of the situation to the satisfaction of the aggrieved party or the courts. A violation of this Section shall be a class C misdemeanor, subject to penalty provided in this Title and such is hereby declared to be a nuisance, and each day a violation is permitted to exist or continue shall constitute a separate offense. This Section shall not apply to the Town dog pound, veterinary hospitals or medical laboratories.
9.10 - Impoundment#
9.10.010 - Purpose#
If any dog shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by any action at law against the owner of the trespassing dog or by restraining and impounding the dog in the manner provided.
9.10.020 - Impoundment Authorized#
Every police officer or other designated official may apprehend any dog found running at large, not wearing his tag, or which is in violation of this Title and may impound such dog in the pound or other suitable place. The Animal Control Officer, or some other designated official, upon receiving any dog, shall made a complete registry, entering the breed, color and sex of the dog and whether licensed. If licensed, he shall enter the name and address of the owner and number of the license.
9.10.030 - Interference with Impounding Prohibited#
It shall be unlawful for any person to hinder, delay, interfere with or obstruct the Animal Control Officer or any of his assistants when engaging in capturing, securing or taking to the dog pound any dog or dogs liable to be impounded, or advise the breaking open of any dog pound or ambulance, wagon or other vehicle used for the collecting or conveying of dogs to the dog pound.
9.10.040 - Shelter Record Keeping Requirements#
The Animal Control Officer or other authorized representative shall keep a record of each animal impounded by him, the date of receipt of such animal, the date and manner of its disposal and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaiming, or purchasing thereof, together with die number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal.
9.10.050 - Redemption Requirements#
Any dog impounded as a licensed or unlicensed dog may be redeemed and taken from such pound by the owner or any authorized person, upon exhibiting to the Animal Control Officer or person having charge of said pound, a certificate of registry as provided in VMC 9.10.020, showing that the license imposed by this Title has been paid for such dog and upon paying the person in charge of the pound an impounding fee in such amount established by resolution of the Town Council for each and every day such dog shall have been impounded all impounded dogs not redeemed within five (5) days shall be delivered to the humane society or officer to determine other suitable alternatives.
9.12 - Rabies and Disease Control; Vaccinations#
9.12.020 - Vaccinations Required#
Every owner of any domestic animal shall be required to have such animal vaccinated, including rabies vaccination.
9.12.030 - Rabies Vaccination Required#
It shall be unlawful for the owner of any dog to suffer, allow or permit such dog to be or go upon any sidewalk, street, alley, public place or square within the town without first having had such dog vaccinated against rabies as provided in this Section within the past two (2) years, and without there being on such dog a collar or harness with a license tag thereon showing that such dog has been so vaccinated.
9.12.040 - Vaccination by Licensed Veterinarian#
Exception: Every owner of any dog over the age of six (6) months within the Town shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall veterinarian a certificate there of, and shall attach to the collar or harness, which such person is hereby required to place upon the dog, a tag showing that such vaccination has been done; provided, that the Town Council may, by resolution, provide that the owners of any dog may themselves purchase serum and vaccinate their own dogs. The resolution shall also prescribe the conditions with which the owner must comply to obtain the tag herein required.
9.12.050 - Report of Rabid Animals#
Anyone having knowledge of the whereabouts of m animal known to have or suspected of having rabies shall report the fact immediately to the Animal Control Officer. The Animal Control Officer or Town Official shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal.
9.12.060 - Biting/Bitten Animal Quarantined#
A.
Biting Animal Quarantined. Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation of a veterinary hospital or the Town pound and shall not be killed or released until at least fourteen (14) days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies at owner's expense.
B.
Bitten Animal Quarantined. Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the Animal Control Officer for a period of one hundred twenty (120) days or destroyed.
9.12.070 - Diseased Animals#
It is a class C misdemeanor, subject to penalty as provided in this Title for any person to knowingly bring into the town for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.
9.12.080 - Diseased Animals for Human Consumption#
It is a class C misdemeanor, subject to penalty as provided in this Title for any person to bring into the town for sale or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl or poultry which is diseased, unsound and unwholesome or which for any other reason is unfit for human food.