Minutes - June 21, 2005

June 21, 2005

BOARD OF SUPERVISORS
COUNTY OF STAFFORD
STAFFORD, VIRGINIA

MINUTES

Regular Meeting
June 21, 2005

Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Gary D. Pash, at 1:00 P. M., Tuesday, June 21, 2005, in the Board Chambers, Stafford County Administration Center.

Roll Call. The following members were present; Robert C. Gibbons; Kandy A. Hilliard; Mark W. Osborn; Gary D. Pash, Chairman; Gary F. Snellings, Vice Chairman and Peter J. Fields. Jack R. Cavalier arrived at 4:00 P. M.

Also in attendance were: Steve Crosby, County Administrator; Joseph L. Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.

Legislative; Closed Meeting. At 1:03P. M., Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Resolution CM05-14.

The Voting Board tally was:
Yea: (6) Hilliard, Osborn, Pash, Snellings, Fields, Gibbons
Nay: (0)
Absent: (1) Cavalier

Resolution CM05-14 reads as follows:

A RESOLUTION TO AUTHORIZE CLOSED MEETING

WHEREAS, the Board of Supervisors desires to consult with counsel and discuss in Closed Meeting legal advice regarding the Comprehensive Plan and Utility Plan Update Analysis/Strategy; and

WHEREAS, pursuant to Section 2.2-3711 A7 VA Code Ann., such discussions may occur in Closed Meeting;

NOW THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 2:37 P. M., the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Resolution CM05-14a.

The Voting Board tally was:
Yea: (6) Osborn, Pash, Snellings, Fields, Gibbons, Hilliard
Nay: (0)
Absent: (1) Cavalier

Resolution CM05-14a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JUNE 21, 2005

WHEREAS, the Board has, on this the 21st day of June 2005, adjourned into a closed meeting in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, the Virginia Freedom of Information Act, as it became effective July 1, 1989, provides for certification that such Closed Meeting was conducted in conformity with law;

NOW, THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby certify, on this the 21st day of June 2005, that to the best of each member's knowledge: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were discussed in the Closed Meeting to which this certification applies; and (2) only such public business matters as were identified in the Motion by which the said Closed Meeting was convened were heard, discussed, or considered by the Board. No member dissents from the aforesaid certification.

Recess. At 2:38 P. M., the Chairman declared a recess.

Call to Order. At 2:45 P. M., the Chairman called the meeting back to order.

Legislative; Work Session on Utilities. Mr. Robert E. Bos, Public Utilities Administrator, gave a presentation on the infrastructure status of Utilities and Rocky Pen Run Reservoir.

Discussion ensued.

Mr. Snellings motioned, seconded by Ms. Hilliard, to proceed with construction of the Rocky Pen Run Reservoir project.

The Voting Board tally was:

Yea: (6) Pash, Snellings, Fields, Gibbons, Hilliard, Osborn
Nay: (0)
Absent: (1) Cavalier

Mr. Edward Donahue, President of Municipal & Financial Services Group, gave a presentation on the Rate Study and Financial Policies of the Utility.

Discussion ensued.

Recess. At 4:05 P.M., the Chairman declared a recess.

Call to Order. At 4:15 P.M., the Chairman called the meeting back to order.

Legislative; Discuss HOT Lane Proposals. Mr. Gibbons commented.

Discussion ensued.

Hearing no objections from the Board, this item is to be placed on the Regular Agenda for the July 5th Board meeting and requested that the Transportation Commission provide its comments.

Legislative; Closed Meeting. At 4:16 P.M., Mr. Osborn motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM05-15.

The Voting Board tally was:
Yea: (7) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash
Nay: (0)

Resolution CM05-15 reads as follows:

A RESOLUTION TO AUTHORIZE CLOSED MEETING

WHEREAS, the Board of Supervisors desires to consult with counsel and discuss in Closed Meeting legal advice regarding Crucible Litigation and pending litigation regarding American Fire Equipment, Inc. v. Widewater Volunteer Fire & Rescue Services, Inc., et al.; a personnel matter and the acquisition of real property; and

WHEREAS, pursuant to Section 2.2-3711 A7, A1 and A3 VA Code Ann., such discussions may occur in Closed Meeting;

NOW THEREFORE, BE IT RESOLVED that the Stafford County Board of Supervisors does hereby authorize discussions of the aforestated matters in Closed Meeting.

Call to Order. At 5:10 P. M., the Chairman called the meeting back to order.

Legislative; Closed Meeting Certification. Mr. Osborn motioned, seconded by Mr. Cavalier, to adopt proposed Resolution CM05-15a.

The Voting Board tally was:
Yea: (7) Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash, Snellings
Nay: (0)

Resolution CM05-15a reads as follows:

A RESOLUTION TO CERTIFY THE ACTIONS OF THE STAFFORD
COUNTY BOARD OF SUPERVISORS IN A CLOSED MEETING ON
JUNE 21, 2005

WHEREAS, the Virginia Freedom of Information Act, as it became effective July 1, 1989, provides for certification that such Closed Meeting was conducted in conformity with law;

Legislative; Discuss Sidewalks for the Proposed Austin Ridge Elementary School. Mr. Snellings commented.

Mr. Snellings motioned, seconded by Mr. Osborn, to adopt proposed Resolution
R05-269.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier
Nay: (0)

Resolution R05-266 reads as follows:

A RESOLUTION TO AUTHORIZE SIDEWALKS FOR THE
PROPOSED AUSTIN RIDGE ELEMENTARY SCHOOL

WHEREAS, it is the desire of the Board to have constructed a 5-foot wide concrete sidewalk on Austin Ridge Drive from the intersection of Tavern Road to the intersection of Tapestry Road, a distance of approximately 1400 feet connecting the sidewalk system along Tapestry Road and Gallery Road which leads directly to the Austin Ridge Elementary School site; and

WHEREAS, the proposed sidewalk would allow residents of Sections 5 and 3B walking access to the school site by connecting their sidewalks with the sidewalk along Gallery Road; and

WHEREAS, residents in Section 3B would have to cross Austin Ridge Drive from the west side of the road via a painted crosswalk protected with a traffic signal; and

WHEREAS, the estimated cost of construction is $172,100 and includes fencing, relocation of existing underground telecom cable, and a traffic signal for the pedestrian crosswalk, and contingency; and

WHEREAS, the survey and design fee to accomplish design, County approval, and assistance during construction would be approximately $22,000;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June 2005 that $200,000 be and it hereby is budgeted and appropriated in FY2006 as follows:
Transportation Fund
Revenue - PRTC 2% gas tax collections $200,000
Expenditure - Transfer to School Construction $200,000
School Construction Fund
Revenue – Transfer in from Transportation Fund $200,000
Expenditure – Sidewalks for Austin Ridge Elementary
School $200,000

BE IT FURTHER RESOLVED that the Potomac Rappahannock Transportation Commission (PRTC) be and it hereby is requested to allocate $200,000 in Stafford County's Fuel Tax Fund for this project.

Legislative; Discuss Use of Senior Citizen Center. Mr. Cavalier commented.

Ms. Hilliard motioned, seconded by Mr. Fields, to rescind the policy of no participation of senior citizen non-residents at the Rowser and return to the policy that the Department of Parks and Recreation has had in place.

Discussion ensued.

The Voting Board tally was:
Yea: (5) Hilliard, Osborn, Pash, Snellings, Fields
Nay: (2) Gibbons, Cavalier

Legislative; Consent Agenda. Mr. Cavalier motioned, seconded by Mr. Osborn, to adopt the Consent Agenda, consisting of Items 10 thru 16 minus Item 13.

The Voting Board tally was:
Yea: (7) Hilliard, Osborn, Pash, Snellings, Cavalier, Fields, Gibbons
Nay: (0)

Item 10. Finance; Approve Expenditure Listings.

Resolution R05-232 reads as follows:

A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL)
DATED JUNE 7, 2005 THROUGH JUNE 20, 2005

WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and

WHEREAS, the payments appearing on the above-referenced Listing of Expenditures represent payment of $100,000 and greater for the purchase of goods and/or services which are within the appropriated amounts;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that the above-mentioned EL be and it hereby is approved.

Item 11. Legislative; Approve a Proclamation to Commemorate Posthumously William Ausley.

Proclamation P05-20 reads as follows:

COMMEND POSTHUMOUSLY WILLIAM H. AUSLEY

WHEREAS, William H. Ausley was a Prince William County representative to the Stafford-Prince William-Fredericksburg Regional Airport Authority; and

WHEREAS, William H. Ausley served on the Authority’s Airport Advisory Committee and the Technical Advisory Committee to the Airport Master Plan, and was elected by his peers as Chairman for two terms; and

WHEREAS, William H. Ausley was instrumental in locating the present site for the Stafford Regional Airport, and negotiating and developing plans with the interested localities to obtain local, state and federal permits to build the facility; and

WHEREAS, William H. Ausley lobbied tirelessly in the Virginia State Legislature to obtain the necessary approvals and funding for the airport, and ensured that the archaeological and environmental impact studies were completed to standards and on time; and

WHEREAS, William H. Ausley signed the contract to build the first tee hangar for aircraft storage, and helped obtain a state grant to purchase the airport’s aids to navigation; and

WHEREAS, William H. Ausley was uniquely suited to the task of building a regional airport, having served as a Marine Corps aviator, and working after his retirement as a businessman and entrepreneur who, among other endeavors, bought and sold aircraft; and

WHEREAS, William H. Ausley was greatly admired by his colleagues and those who worked with him as a man whose word was his bond, a man who possessed the personality and perseverance to work well with everyone and meet any challenge which he perceived to be in the best interest of citizens; and

WHEREAS, the Board desires to bring to the attention of citizens throughout the region the commitment and dedication with which William H. Ausley worked for more than ten years to build the Stafford Regional Airport;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that William H. Ausley be and he hereby is commemorate posthumously.

Item 12. Finance; Award a Contract to the Virginia Association of Counties for Liability and Property Insurance and Enhance Insurance for Fire and Rescue and Sheriff Volunteers.

Resolution R05-234 reads as follows:

A RESOLUTION TO AWARD A CONTRACT TO THE VIRGINIA ASSOCIATION OF COUNTIES (VACo) FOR LIABILITY, PROPERTY
AND WORKERS’ COMPENSATION INSURANCE AND TO ENHANCE INSURANCE FOR FIRE & RESCUE PERSONNEL AND SHERIFF SPECIAL DEPUTIES

WHEREAS, the Board has appropriated funds for the County insurance needs; and

WHEREAS, the Virginia Association of Counties (VACo) has submitted a proposal to the County for liability and property insurance; and

WHEREAS, the VACo’s proposal is more cost efficient than the Virginia Municipal League (VML) proposal for liability, property and workers’ compensation insurance; and

WHEREAS, the Board desires to increase the benefits to the volunteers for fire and rescue insurance coverage for medical expenses and loss of earnings; and

WHEREAS, funds are available in the County budget to increase coverage for medical and loss of earnings; and

WHEREAS, budgeted funds are available to enhance insurance coverage for the Special Deputies;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that the County Administrator be and he hereby is authorized to:

1. Execute a contract with VACo for liability, property and workers’ compensation insurance for FY06;

2. Increase the coverage for the Volunteer Fire and Rescue personnel including medical and loss of earnings income;

3. Increase accident and health insurance for the Special Deputies coverage.

Item 14. Public Services; Allocate Revenue Sharing Funds for Engineering on Warrenton Road.

Resolution R05-235 reads as follows:

A RESOLUTION TO ADOPT A PLAN FOR THE USE OF ADDITIONAL FY2005-FY2006 REVENUE SHARING PROGRAM FUNDS

WHEREAS, the Board desires to participate in the expanded FY2005-FY2006 Revenue Sharing Program in the amount of $1,000,000 in County funds to be matched dollar for dollar by the Virginia Department of Transportation (VDOT); and

WHEREAS, Resolution R05-126, adopted by the Board, on March 1, 2005, allocated $500,000 to the Garrisonville Road (SR-610) Improvement Project, VDOT UPC 50794; and

WHEREAS, the County must notify VDOT by July 22, 2005, of the proposed use of the additional $500,000 in funding under the Revenue Sharing Program;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that the following road improvement

project be and it hereby is requested for inclusion in the FY2005-FY2006 Revenue Sharing Program:

Warrenton Road (US-17) from Interstate 95 (I-95) to Stafford Lakes
Parkway (SR-1490), VDOT UPC 71774, $500,000

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Residence Administrator of VDOT.

Item 15. Planning; Refer Zoning Ordinance Amendment to the Planning Commission.

Resolution R05-239 reads as follows:

A RESOLUTION TO REFER AN AMENDMENT TO THE ZONING ORDINANCE TO THE PLANNING COMMISSION REGARDING SCHOOLS IN A-1, AGRICULTURAL ZONING DISTRICTS

WHEREAS, schools are permitted in A-1, Agricultural zoning districts as a by-right use; and

WHEREAS, the Board desires to encourage the location of schools in the County to educate its populace; and

WHEREAS, schools by their nature have unique demands on transportation and sanitation beyond what is normally seen in the rural areas of the County; and

WHEREAS, the majority of the County is zoned A-1, Agricultural and is intended to low-density agricultural and rural residential development in the Comprehensive Plan; and

WHEREAS, the Board desires to continue to encourage schools in A-1, Agricultural zoning districts at appropriate locations; and

WHEREAS, The Board believes that schools in A-1, Agricultural Zoning Districts should be permitted only upon issuance of a Conditional Use Permit;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June 2005, that an amendment to the zoning ordinance regarding schools in A-1, Agricultural zoning districts be and it hereby is referred to the Planning Commission for a recommendation by August 31, 2005.

Item 16. Legislative; Appoint Members to Boards, Authorities, Commissions and Committees.

Rappahannock Area Community Services Board.

Resolution R05-237 reads as follows:

A RESOLUTION TO APPOINT A MEMBER TO THE RAPPAHANNOCK
AREA COMMUNITY SERVICES BOARD

WHEREAS, Sections 37.1-194 through 37.1-200 of the Code of Virginia (1950), as amended, authorize the Board to appoint members to serve on the Rappahannock Area Community Services Board (RACSB); and

WHEREAS, the Board’s Bylaws allow three members from each political jurisdiction in Planning District 16, who serve three-year terms that are staggered by year and expire at the end of the fiscal year; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Gerald S. Dalton June 30, 2006
(Member-At-Large)

Annette Johnson June 30, 2007
(Member-At-Large)

Charles Cooper June 30, 2005
(Member-At-Large)

WHEREAS, the term of Charles Cooper will expire on June 30, 2005; and

WHEREAS, the Board desires to fill this appointment;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that

NAME EXPIRATION

Charles Cooper June 30, 2008
(Member-At-Large)

be and he hereby is appointed to the Rappahannock Area Community Services Board.

Administration; Authorize Renovations in the Courthouse Basement and Use of Proffer Funds. Mr. Gibbons commented.

Discussion ensued.

Mr. Gibbons motioned, seconded by Ms. Hilliard, to adopt proposed Resolution R05-233.

Discussion ensued.

The Voting Board tally was:

Yea: (7) Osborn, Pash, Snellings, Cavalier, Fields, gibbons, Hilliard
Nay: (0)

Resolution R05-233 reads as follows:

A RESOLUTION TO AUTHORIZE RENOVATIONS IN
THE COURTHOUSE BASEMENT AND AUTHORIZE
PROFFER FUNDS

WHEREAS, the County has five courtrooms and five judges; and

WHEREAS, the state has funded an additional General District Judge who will start July 1, 2005, and the Board Chambers will serve as a temporary courtroom through December 2005 to accommodate this Judge; and

WHEREAS, to create a sixth courtroom, the County’s architectural consultant has proposed renovating the basement level of the Courthouse currently occupied by the Court Services Unit (CSU); and

WHEREAS, CSU would be relocated to rented space at Courthouse Square; and

WHEREAS, no formal bids have been solicited, however, Staff estimates that architectural, engineering services and construction will cost approximately $200,000 -$225,000;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that the County Administrator be and he hereby is authorized to execute contracts for the necessary renovations to create a sixth Courtroom in an amount not to exceed Two Hundred Twenty-five Thousand Dollars ($225,000) funding source being General Government, Government Center, and Courthouse proffers; and

BE IT FURTHER RESOLVED that should the expenses exceed the available proffer funds, FY2006 cash capital funds will be used; and

BE IT STILL FURTHER RESOLVED that Two Hundred Six Thousand Seven Hundred Forty-five Dollars of proffer funds be and it hereby is budgeted and appropriated in FY2006 to the General Fund, Capital Projects category for renovations to create a sixth Courtroom.

Recess. At 5:26 P. M., the Chairman declared a recess.

Call to Order. At 7:00 P. M., the Chairman called the meeting back to order.

Invocation. Mr. Fields gave the Invocation.

Pledge of Allegiance. Boy Scout Troop #1717 lead in the recitation of the Pledge of Allegiance to the Flag of the United States of America.

Presentation of a Proclamation to Commemorate Posthumously Joseph A. Schaefer III.
The Chairman presented the proclamation to Mr. Michael Ortega, representing the Schaefer family.

Presentation of a Proclamation to St. William of York Traffic Personnel. Mr. Gibbons presented proclamations to each member of the team.

Presentations by the Public. The following persons spoke on topics as identified:

John Snyder - Security training facility
Maria Thorpe - Austin Ridge sidewalks.
Tom Gregory - Cable Television Advisory Committee.
Kathy Beard - Stafford Council for Progress.
Wilson Carmean - Security training facility.
Michael Williams - Gauntlet Golf Course lease.
Madalene Tinsley - Senior Citizen Center.
Ruth Carlone - Security training facility.
Mary Ann Thornburg - Cable Television Advisory Committee.
Heather Stefl - Child Care Centers.
Jim McMath - Accounting principles.
Ann Tippido - Security training facility.
Ray Cook - Security training facility.
Lou Silver - St. William of York “Road Gang”.
- Death of area residents.
- University of Mary Washington – 75 acres.
Ted Hontz - Security training facility.

Public Services; Amend the County Code Entitled “Maximum Speed Limits in Residence Districts; Penalty”. The County Administrator gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Doug Reading
The Chairman closed the public hearing.

Mr. Osborn motioned, seconded by Mr. Fields, to adopt proposed Ordinance O05-30.

The Voting Board tally was:
Yea: (7) Pash, Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn
Nay: (0)

Ordinance O05-30 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN SECTION 15-4.1 (c)
OF THE COUNTY CODE ENTITLED “MAXIMUM SPEED LIMITS IN CERTAIN RESIDENCE DISTRICTS; PENALTY”

WHEREAS, the Board is interested in promoting public health, safety and welfare, including the prevention of accidents and injuries caused by speeding vehicles in certain residence districts; and

WHEREAS, Section 46.2-878.2 of the Code of Virginia (1950), as amended, authorizes a severe penalty for persons exceeding the maximum speed limit in certain residence districts; and

WHEREAS, the Board adopted Ordinance O97-29(R), which established criteria for the establishment of residence districts where a maximum speed limit fine could be levied; and

WHEREAS, the County has received a petition to establish a residence district along Winterberry Drive (SR-1179) in the Clearview Heights Subdivision; and

WHEREAS, the Board has conducted a public hearing in accordance with the notice provision of Sections 15.2-1426 and 15.2-1427 of the Code of Virginia (1950), as amended;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of June 2005, that Section 15-4.1 (c) of the Stafford County Code be and it hereby is amended and reordained as follows:

c. The following areas are hereby designated as residence districts:

(47) Winterberry Drive (SR-1179) between Butler Road (SR-218)
and Falmouth Drive (SR-1047)

BE IT FURTHER ORDAINED that the Virginia Department of Transportation (VDOT) be and it hereby is requested to designate Winterberry Drive (SR-1179) as a residence district for maximum speed limit fines; and

Be it still further ordained that VDOT is requested to install the appropriate signs displaying the maximum speed limit and the penalty for violations on the designated section of Winterberry Drive (SR-1179); and

BE IT FURTHER RESOLVED that a copy of this ordinance be forwarded to the Resident Engineer of VDOT.

County Administration; Amend and Reordain Chapter 12 of the County Code by Adding Article VI Entitled “Department of Fire, Rescue and Emergency Services.

The Chairman opened a public hearing.
The following persons spoke:
Ron Thayer
Steve Dempsey
Jim Smith
John Tolsen
John Marsh

John McDonald
Charlie Robertson
The Chairman closed the public hearing.

Mr. Snellings motioned, seconded by Mr. Gibbons, to defer proposed Ordinance O05-32.

The Voting Board tally was:
Yea: (7) Snellings, Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash
Nay: (0)

Sheriff; Amend and Reordain the County Code Regarding Animals and Fowl. Mr. Michael Null, Chief Animal Control Officer, gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Lisa Williams
The Chairman closed the public hearing.

Mr. Gibbons motioned, seconded by Ms. Hilliard, to adopt proposed Ordinance O05-31.

Discussion ensued.

Hearing no objections from the Board, it was requested that this item be added to the Legislative Initiatives.

The Voting Board tally was:
Yea: (7) Cavalier, Fields, Gibbons, Hilliard, Osborn, Pash, Snellings
Nay: (0)

Ordinance O05-31 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 5 OF
THE STAFFORD COUNTY CODE ENTITLED "ANIMALS AND FOWL"

WHEREAS, the County Code regarding animals and fowl has not been revised since 1995; and

WHEREAS, numerous state laws have changed regarding the regulation of animals and fowl; and

WHEREAS, the Board desires to amend the County Code to bring it up to state standards and to address dangerous and vicious dogs;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that Chapter 5 of the Stafford County Code be and it hereby is amended and reordained to read as follows:

Chapter 5

ANIMALS AND FOWL

Art. I. In General, §§ 5-1--5-5
Art. II. Animal Welfare, §§5-6 -- 5-20
Art. III. Dogs Generally, §§5-21 -- 5-64
Div. 1. Generally, §§5-21 -- 5-39
Div. 2. Permit and License, §§5-40 -- 5-64
Art. IV. Vicious and Dangerous Dogs, §§5-56 -- 5-57
Art. IV. V. Rabies Control, §§5-65 -- 5-71
Art. V. VI. Wild and Exotic Reptiles Animals, §§5-72 -- 5-75

ARTICLE I. IN GENERAL

Sec. 5-1. Definitions.

For purposes of this chapter, the following words, terms, and phrases shall have the meanings respectively ascribed to them in this section unless the context clearly indicates 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 §5-6 for a period of five (5) 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 which is 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, turnabout, 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 (3) 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 provisions of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, 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 which 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.

Agricultural animals means all livestock and poultry.

Animal means any nonhuman vertebrate species except fish. For the purposes of Article III, animal means any species susceptible to rabies. For the purposes of §5-7, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.

Animal warden control officer means the person employed as the animal control officer or any deputy animal control officer appointed pursuant to section 5-2 for the purpose of aiding in the enforcement of this law 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. a person appointed as an animal control officer or deputy animal control officer as provided in §3.1-796.66.

Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including, but not limited to, 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.

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, nonvenomous reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a 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.

Dangerous or vicious animal means any animal which, without provocation, attacks or threatens to attack human beings or their property on more than one occasion.

Dealer means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer.

Destructive or annoying dog is a dog that has destroyed property or a dog that, being beyond the property line of the dog's owner or custodian, will chase, jump upon or excessively bark at persons, animals or vehicles.

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.

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 United States Department of Agriculture.

Exotic reptile means any poisonous snake not native to the Commonwealth of Virginia. Nonpoisonous snakes which have been bred in captivity and which never have known the wild shall be excluded from this definition.

Facility means a building, 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.

Foster care provider means an individual who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, or other releasing agency.

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 any person or organization that accepts (i) more than 12 companion animals or (ii) more than nine companion animals and more than 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.

Humane means any action taken in consideration of and with the intent to provide for the animal's health and well-being.

Humane investigator means a person who has been appointed by a circuit court as a humane investigator as provided in §3.1-796.106.

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.

Kennel means any establishment in which five (5) 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 the Stafford County sheriff's office and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the commonwealth.

Livestock includes horses, mules, ponies, cattle, sheep, goats, swine 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 §3.1-73.6 and 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.

Mobile home park means a mobile home park which is located and operated in accord with all applicable county ordinances.

Other officer includes all persons elected by the people or employed by the county whose duty it is to preserve the peace, to make arrests or to enforce the law.

Owner means a 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 means any animal kept for pleasure rather than utility.

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.

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 means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the shelter, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; 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.

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.

Shelter means a facility operated by Stafford County for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.

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. Notwithstanding anything contained 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 11.2.

Subdivision means a subdivision that is platted and recorded as a subdivision in the clerk's office of the circuit court of the county.

Treasurer includes the treasurer and his assistants or other officer designated by law to collect taxes in the county.

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.

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.

Sec. 5-2. Animal warden control officer generally.

(a) Pursuant to §3.1-796.104 of the Code of Virginia, the position of animal warden control officer for the county is hereby created. The animal warden control officer and his deputies, if any, shall be appointed as prescribed in such section of the state law.

(b) The animal warden control officer shall discharge the duties and responsibilities set forth in §3.1-796.104 of the Code of Virginia and in this chapter and such others as may be required by the board of supervisors from time to time.

Sec. 5-3. Fees or charges for impounding, boarding, etc., animals at county shelter or pound.

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance prescribing fees or charges for impounding and boarding animals at the county animal shelter or pound, or for reclaiming or adopting animals so impounded, or for any other service rendered at such shelter or pound, and all such ordinances are hereby recognized as continuing in full force and effect of the same extent as if set out at length in this Code.

Sec. 5-4. Keeping of swine.

It shall be unlawful and a Class 4 misdemeanor for any person to keep swine within the county except in agriculturally zoned areas in accordance with the following requirements:

(1) Swine shall be kept in an enclosure that is at least two hundred (200) feet from any inhabited building or residence, or wells, springs, streams, creeks or brooks; or

(2) Swine may be kept within a residential dwelling provided:

a. The adjoining neighbor(s) have given written consent for the animal; and

b. The consent shall be for the life of the animal.

Sec. 5-5. Lot boundary lines designated as fence as to livestock.

The boundary lines of each lot or tract of land in the county shall be a lawful fence as to any livestock domesticated by man.

ARTICLE II. ANIMAL WELFARE

Sec. 5-6. Care of animals by owner; penalty.

(a) Each owner shall provide for each of his companion animals:

(1) Adequate feed;

(2) Adequate water;

(3) Adequate shelter that is properly cleaned;

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

(5) Adequate exercise;

(6) Adequate care, treatment, and transportation; and

(7) Veterinary care when needed or to prevent suffering or disease transmission.

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

(b) Game and wildlife species shall be cared for in accordance with regulations promulgated by the board of game and inland fisheries by January 1, 1994.

Sec. 5-7. Cruelty to animals generally.

(a) Any person who:

(1) 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;

(2) deprives any animal of necessary sustenance, food, drink, or shelter, or emergency veterinary treatment;

(3) 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;

(4) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;

(5) carries or cause to be carried, in or upon any vehicle or vessel or otherwise, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering; or

(6) causes any of the above things, or being the owner of such animal permits such acts to be done by another; shall be guilty of a Class 1 misdemeanor. Prosecution for violations of this section shall commence within five (5) years after commission of the offense. Prosecutions of this subsection regarding agricultural animals shall commence within one (1) year after commission of the offense.

(b) Nothing in this section shall be construed to prohibit the dehorning of cattle.

(c) Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. 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 Sec. 5-26 or Sec. 5-30.

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

Sec. 5-8. 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 1 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.

Sec. 5-8 5-9. Failure of dealer or pet shop to provide adequate care, etc.; penalty.

(a) Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter shall be guilty of a Class 3 misdemeanor. Such failure shall also constitute grounds for revocation of a permit or certificate of registration after public hearing.

(b) Such animals shall be subject to seizure and impoundment, and, upon conviction of such person, the animals may be sold, euthanized, or disposed of as provided by §3.1-796.96 of the Code of Virginia for licensed, tagged, or tattooed animals.

(c) Any funds that result from such sale shall be used first to pay the costs of the county for the impoundment and disposition of the animals, and any funds remaining shall be paid to the owner, if known. If the owner is not found, the remaining funds shall be paid into the literary fund.

Sec. 5-9 5-10. Misrepresentation of animal's condition; penalties.

(a) No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery, or other method of transfer. For the purpose of this section, "misrepresentation" shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not known to the person receiving the animal.

(b) Violation of this section shall be punishable as a Class 3 misdemeanor.

Sec. 5-10 5-11. Maiming, killing or poisoning companion animals or fowl, etc.

If any person shall maliciously shoot, stab, wound or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by, any fowl or companion animal of another, with intent to maim, disfigure, disable, injure or kill the same, he shall be guilty of a Class 1 misdemeanor. any horse, mule, pony, cattle, swine or other livestock of another, with intent to maim, disfigure, disable, injure or kill the same, or if he do any of the foregoing acts to any animal of his own with intent to defraud any insurer thereof, he shall be guilty of a Class 5 felony. If any person do any of the foregoing acts to any fowl or to any companion animal with any of the aforesaid intents, he shall be guilty of a Class 1 misdemeanor, except that any second or subsequent offense shall be a Class 6 felony if the current offense or any previous offense 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 section.

Sec. 5-11 5-12. Abandoning domesticated animal or any fowl in public place or on property of another. Abandonment of animal; penalty.

Any person who shall abandon any dog, cat or other domesticated animal or any fowl in any public place, including the right-of-way of any public highway, road or street, or on the property of another shall be guilty of a Class 3 misdemeanor. No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency.

Sec. 5-12 5-13. Seizure and impoundment and disposition of animals; hearing required.

(a) Any animal found abandoned, neglected, cruelly treated, or rendered in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized and impounded by any humane investigator, law-enforcement officer or animal control officer pursuant to §3.1-796.115 of the Code of Virginia and humanely disposed of by sale, adoption, or euthanasia at the discretion of the animal control officer;

(1) After ten (10) days following the date on which the animal was seized; or

(2) In accordance with a judicial determination by the general district court that the owner is unable to adequately provide for the animal or is not a fit person to own the animal.

(b) The hearing required by §3.1-796.115 of the Code of Virginia shall be held not more than ten (10) business days from the date of seizure; however, said hearing may be continued to a later date if the owner of the animal provides a cash or corporate surety bond in accordance with 5-13 §5-14 below.

Sec. 5-13 5-14. Security required.

(a) A person claiming an interest in an animal confined pursuant to §3.1-796.115 of the Code of Virginia may prevent disposition of the animal after the ten-day period set forth in §5-12 §5-13 by posting a bond, cash or surety with the treasurer prior to the expiration of the ten-day period.

(b) The bond amount must be sufficient to secure payment for all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for at least thirty (30) days.

(c) Such bond or security shall not prevent the animal warden control officer from disposing of such animal at the end of the thirty-day period covered by the bond or security, unless the person claiming an interest posts an additional bond, cash or corporate surety, with the treasurer to secure payment of reasonable expenses for an additional thirty (30) days, and does so prior to the expiration of the first thirty-day period.

(d) The amount of the bond shall be determined by the animal warden control officer based on the current rate for board and on the condition of the animal after examination of the animal by the animal warden control officer.

(e) At the conclusion of the case, the bond shall be forfeited to the county unless there is a finding that the owner is able to adequately provide for such animal and is a fit person to own the animal.

(f) If a cash bond is paid to the treasurer and a judicial determination is made that the owner is able to adequately provide for such animal and is a fit person to own the animal, the owner shall be entitled to a refund of the cash bond from the treasurer.

Sec. 5-14 5-15. Notice.

Upon taking custody of an animal under §5-12 5-13, the animal warden control officer shall give notice of this section by posting a copy of it at the location where the animal was seized or by delivering it to a person residing on the property of the owner within twenty-four (24) hours of the time the animal was seized.

Sec. 5-15 5-16. Burial or cremation of dead animals and fowl.

(a) When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of the general district court, after notice to the owner if he can be ascertained, shall cause such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of such cremation or burial, not to exceed seventy-five dollars ($75.00), and of the owner of every such fowl so cremated or buried the actual cost of such cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are
recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

(b) This section shall not be deemed to require the burial or cremation of the whole or any portion of any animal or fowl which is to be used for food or in any commercial manner.

Sec. 5-16 5-17. Disposal of dead companion animals.

(a) The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury or sanitarily dispose of such companion animal. If, after notice, any owner fails to do so, the animal warden control officer or other officer shall bury or cremate the animal, and he may recover from the owner, on behalf of the county, his cost for this service.

(b) The animal warden control officer, other officer or any other person killing a companion animal under this chapter shall cremate, bury or sanitarily dispose of the same.

Sec. 5-17 5-18. Noise from animals.

(a) It shall be unlawful for any person to allow within the county prolonged or intense barking or other harsh or excessive noises to be made by any animal under his ownership or control, at any time, so as to disturb the quiet, comfort or repose of one or more members of the community.

(b) For the purpose of this section, a harsh or excessive animal noise is one which disturbs the quiet, comfort or repose of a reasonable person with normal sensitivities.

(c) For the purpose of this section, a person shall be deemed to have "allowed" his animal to bark or create other harsh or excessive noises if he has once been put on notice by the county sheriff's office or the animal warden control officer, upon the complaints of two (2) persons who are not members of the same household, unless there are no more than five (5) households within one-quarter (1/4) mile of the noise source, that the animal is disturbing one or more members of the community and he thereafter fails to confine such animal inside his dwelling unit or other enclosed structure or take similar action calculated to terminate such disturbance. It shall not be necessary for the sheriff's office or animal warden control officer to issue a new notice for each repeated occurrence.

(d) Notwithstanding the above provisions of this section, harsh or excessive animal noise emanating from any commercial kennel established prior to the development of any residential property upon which such sounds may be audible shall not be considered noises in violation of this section.

Sec. 5-18 5-19. Livestock running at large.

It shall be unlawful for the owner or manager of any livestock to permit any such livestock to run at large beyond the limits of his own lands within the county.

Sec. 5-19 5-20. Trespass by livestock.

(a) It shall be unlawful for the owner, possessor or custodian of any livestock, after being requested by the owner or tenant of any premises not to allow the same to trespass upon such premises, to allow such livestock to go upon such premises.

(b) It shall be unlawful for the owner, possessor or custodian of any livestock to willfully allow the same to trespass and run at large upon the public highways of the county, whether such highways be enclosed by a fence or not.

Sec. 5-20. Reserved.

ARTICLE III. DOGS GENERALLY

DIVISION 1. GENERALLY

Sec. 5-21. Violations of article generally.

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.

Sec. 5-22. Dogs deemed personal property; rights relating thereto.

(a) All dogs in this county shall be deemed to be personal property and may be the subject of larceny and malicious or unlawful trespass, and the owners thereof may maintain any action for killing of any such dogs, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto, in an appropriate action at law, from such person.

(b) The animal warden control officer or other officer finding a stolen dog, or a dog held or detained contrary to law, shall have authority to seize and hold such dog pending action before the general district court or other court. If no such action is instituted within seven (7) days, the animal warden control officer or other officer shall deliver the dog to its owner. The presence of a dog on the premises of a person other than its legal owner shall raise no presumption of theft against the owner or occupant of such premises and the animal warden control officer may take such dog in charge and notify its legal owner to remove the dog. The legal owner of the dog shall pay a reasonable charge, as fixed by the board of supervisors, for the keep of such dog while in the possession of the animal warden control officer.

Sec. 5-23. Running at large during April, May, June, July, August and September.

It shall be unlawful for the owner of any dog to permit such dog to run at large within the county during the months of April, May, June, July, August and September of any year. During such months, all dogs shall be restricted by leash or pen or be kept confined to the premises of their owners.

Sec. 5-24. Running at large in subdivisions or mobile home parks.

(a) It shall be unlawful for the owner of any dog to permit such dog to run at large within any subdivision or mobile home park in the county.

(b) For the purposes of this section, a dog shall be deemed to "run at large" while roaming, running or self-hunting off the property or premises of its owner or custodian and not under the control of the owner or custodian or his agent, either by leash, cord or chain. Any person who permits his dog to run at large, or remain unconfined, unrestricted, or not penned up, shall be deemed to have violated the provisions of this section.

(c) This section shall not apply to any person while engaged in a supervised, formal obedience training class or show, or during formally sanctioned field trials, or while engaged in lawful hunting with a dog during open season or during bona fide hunting or field trial dog training. It shall be unlawful for the owner of a dog to place such dog or allow it to be placed in the custody of any other person not physically capable of maintaining effective control of such dog.

Sec. 5-25. Destructive or annoying dogs running at large.

No destructive or annoying dog shall be allowed to run at large in the county at any time. The owner of such a dog shall, at all times, keep such dog confined to his premises or upon a leash and held in check.

Sec. 5-26. Dangerous or vicious dogs running at large.

(a) No dangerous or vicious dog shall be allowed to run at large in the county at any time. The owner of such a dog shall, at all times, keep such dog confined to his premises or upon a leash and held in check.

(b) It shall be unlawful for any person to permit any dangerous or vicious animal owned or kept by him to go at large. Any such animal shall be killed by order of the judge of the general district court if, after twenty-four (24) hours' notice, such animal is not removed from the county by the owner thereof.

Sec. 5-27. Diseased dogs or female dogs in season straying from owner's premises.

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

(b) It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises while such dog is known by the owner to be in season.

Sec. 5-28. Impoundment and disposition of dogs running at large.

All dogs found running at large in violation of any provision of this article shall be captured and impounded by the animal warden control officer or other officer and disposed of in accordance with the provisions of §3.1-796.96 of the Code of Virginia.

Sec. 5-29. Required approval of drugs and equipment used to capture dogs pursuant to article.

All drugs and drug-administering equipment used by the animal warden control officer or other officers to capture dogs pursuant to this article shall have been approved by the state veterinarian.

Sec. 5-30. Dogs killing, injuring, or chasing livestock or poultry--generally.

(a) It shall be the duty of the animal warden control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith, whether such dog bears a license tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock.

(b) The general district court or any other court shall have the power to order the animal warden control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian or harborer of the dog to produce the dog.

(c) If the animal warden control officer has reason to believe that any dog is killing livestock or poultry, he may seize such dog solely for the purpose of examining such dog for the purpose of determining whether it committed any of the depredations mentioned herein.

(d) If any person, including the animal warden control officer, has reason to believe that any dog is killing livestock or committing any of the depredations mentioned in this section, he shall apply to a magistrate of the county, who shall issue a warrant requiring the owner, if known, to appear before the judge of the general district court at the time and place named therein, at which time evidence shall be heard. If it shall appear that such dog is a livestock killer, or has committed any of the depredations mentioned in this section, the judge shall order that (i) the dog be killed immediately by the animal warden control officer or other officer designated by the court; or (ii) removed to another state which does not border on the commonwealth and prohibited from returning to the commonwealth. Any dog ordered removed from the commonwealth which is later found in the commonwealth shall be ordered by the court to be killed immediately.

Sec. 5-31. Same--Compensation for owner of livestock or poultry.

(a) Any person who has any livestock or poultry killed or injured in this county by any dog not his own shall be entitled to receive from the county, as compensation, the fair market value of such livestock or poultry not to exceed four hundred dollars ($400.00) per animal or ten dollars ($10.00) per fowl, provided that:

(1) The claimant has furnished evidence, within sixty (60) days of discovery, of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog;

(2) The animal warden control officer or other officer was notified of the incident within seventy-two (72) hours of its discovery;

(3) The claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied; and

(4) The animal warden control officer has conducted an investigation and his investigation supports the claim.

(b) Upon payment under this section, the board of supervisors shall be subrogated, to the extent of compensation paid, to the right of action of the owner of the livestock or poultry against the owner of the dog and may enforce the same in an appropriate action at law.

Sec. 5-32. Killing domestic animals other than livestock or poultry.

(a) It shall be the duty of the animal warden control officer who has reason to believe that any dog in the county is killing other dogs or domestic animals other than livestock or poultry to apply to a magistrate of the county for the issuance of a warrant requiring the owner or custodian, if known, to appear before a the general district court at the time and place named therein, at which time evidence shall be heard.

(b) The animal warden control officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered by the court.

(c) The general district court shall have the power to order the animal warden control officer or other officer to euthanize any dog which the evidence shows has habitually killed other dogs or domestic animals.

Sec. 5-33. Kennels and kennel dogs--generally; display of license tag; disposition of identification plates.

The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to any animal warden control officer or other law enforcement officer upon request.

Sec. 5-34. Same--Permitting kennel dogs to stray beyond limits of enclosure.

A kennel dog shall not be permitted to stray beyond the limits of the kennel enclosure, but this restriction shall not operate to prohibit dogs from being temporarily removed from the kennel, while under the control of the owner or custodian, to exercise,

Sec. 5-35. Same--Fraudulent, etc., operation of kennel.

A kennel shall not be operated in such a manner as to defraud the county of the license tax applying to dogs which cannot be legally covered thereunder or in any manner to violate other provisions of this article. Violation of this section shall constitute a Class 3 misdemeanor.

Sec. 5-36. Allowing dogs to defecate on property of others or public property; exceptions.

(a) It shall be unlawful for any person knowingly or willingly to allow any dog belonging to that person to defecate on any public property, or the property of another without the consent of the owner of the property, or his agent, provided that defecation by a dog on such property shall not be unlawful if the owner of the dog removes the dog's excrement immediately and disposes of it in a proper waste receptacle, or on the owner's own property in a lawful manner. For the purposes of this section, property of another shall include property zoned R-1, R-2, R-3, R-4, PD-1 and PD-2.

(b) The provisions of this section shall not apply to seeing-eye dogs used by the vision impaired or law enforcement officers for law enforcement or tracking purposes.

Secs. 5-37--5-39. Reserved.

DIVISION 2. PERMIT AND LICENSE

Sec. 5-40. Permit required; pet shops and dealers.

(a) Any person operating a pet shop or operating as a dealer in companion animals shall obtain a permit in the amount of fifty dollars ($50.00) from the treasurer on or before January first and not later than January thirty-first of each year.

(b) If it is determined that permittee is found to be engaged in fraudulent practices or the inhumane treatment of the animals dealt with by the permittee, said permit may be revoked following a public hearing by the board of supervisors.

Sec. 5-41. License required.

It shall be unlawful for any person to own a dog four (4) months old or older in the county unless such dog is currently licensed under the provisions of this division.

Sec. 5-42. Application; applicant to be county resident.

(a) Any person may obtain a dog license by making oral or written application to the treasurer, accompanied by the amount of the license tax and the evidence of inoculation or vaccination required by §5-47. The treasurer shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the county and may require information to this effect from any applicant.

(b) It shall be unlawful for any person to make a false statement in order to secure a dog license to which he is not entitled.

Sec. 5-43. Tax imposed.

(a) An annual license tax is hereby imposed on dogs required to be licensed under this article in the following amounts:

(1) An individual dog, whether male or female: Ten dollars ($10.00).

(2) An individual unsexed dog: Five dollars ($5.00).

(3) A kennel for twenty (20) dogs: Twenty-five dollars ($25.00).

(4) A kennel for fifty (50) dogs: Fifty dollars ($50.00).

(b) A three-year license tax is available for dogs who have received a three-year rabies vaccination in the following amounts:

(1) An individual dog, whether male or female: Thirty dollars ($30.00).

(2) An individual unsexed dog: Fifteen dollars ($15.00).

(c) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person.

Sec. 5-44. Revocation of kennel license.

If a kennel operator is convicted for a violation of §5-35 of this chapter, the license for such kennel issued under this article may be revoked, if it appears to the trial court that such section was violated by reason of the carelessness or negligence of the operator, who shall thereupon be required to pay an individual license tax on each dog in his kennel.

Sec. 5-45. When tax due and payable.

The license tax on dogs shall be due and payable as follows:

(1) On or before January first and not later than January thirty-first of each year, the owner of any dog four (4) months old or older shall pay such tax. A three-year license may be issued for owners who present to the treasurer a certificate that the dog has been vaccinated with the three-year rabies vaccination.

(2) If a dog shall become four (4) months of age or if a dog over four (4) months of age unlicensed by this county shall come into the possession of any person residing in this county between January first and November first of any year, the license tax for the current calendar year shall be paid by the owner.

(3) If a dog shall become four (4) months of age or if a dog over four (4) months of age unlicensed by this county shall come into the possession of any person in this county between October thirty-first and December thirty-first of any year, the license tax for the succeeding calendar year shall be paid by the owner and such license shall protect the dog from the date of payment of the license tax to the end of the succeeding calendar year.

Sec. 5-46. Failure to pay tax when due.

It shall be unlawful for the owner of any dog to fail to pay the tax imposed by this division when the same is due. Payment of such tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve such owner from the penalties provided for such failure.

Sec. 5-47. Issuance, composition and contents.

(a) Upon receipt of a proper application and the prescribed license tax, the treasurer shall issue a dog license; provided, that no such license shall be issued for any dog, unless there is presented to the treasurer a current certificate of vaccination or inoculation issued for the dog pursuant to §5-66. When the license is issued, such certificate shall be marked and returned to the dog's owner. It shall be unlawful for any person to present a certificate for a dog other than that for which it was issued.

(b) Applications for a discounted license for an unsexed dog must be accompanied by proof of sterilization.

(c) Each dog license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address of the owner of the dog, the date of payment, the year(s) for which the license is issued, the serial number of the metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the county, the sex of the dog and the calendar year(s) for which issued and shall bear a serial number. The tag for a kennel shall show the number of dogs authorized to be kept under such license and shall have attached thereto a metal identification plate for each of such dogs, numbered to correspond with

Sec. 5-48. Preservation and exhibition of license receipt; tag to be worn by dog; exceptions.

(a) A dog license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by the animal warden control officer or other officer. Dog license tabs shall be securely fastened to a substantial collar by the owner and worn by such dog. The owner of the dog may remove the collar and license tag required by this section when the dog is engaged in lawful hunting; when the dog is competing in a dog show; when the dog has a skin condition which would be exacerbated by the wearing of a collar; when the dog is confined; or when the dog is under the immediate control of its owner.

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

Sec. 5-49. Unlawful removal of tag.

It shall be unlawful for any person, except the owner, to remove a legally acquired license tag from a dog.

Sec. 5-50. Duplicate tags.

If a dog license tag issued under this division shall become lost, destroyed or stolen, the owner of the dog for which the tag was issued shall at once apply to the treasurer for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner before the treasurer that the original license tag has been lost, destroyed or stolen, the treasurer shall issue a duplicate license tag which the owner shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be one dollar ($1.00).

Sec. 5-51. Concealing or harboring unlicensed dog.

It shall be unlawful for any person to conceal or harbor any dog on which the license tax imposed by this division has not been paid.

Sec. 5-52. Disposition of unlicensed dogs of unknown ownership.

(a) It shall be the duty of the animal warden control officer or other officer to capture and confine any dog of unknown ownership found running at large and on which the license tax imposed by this division has not been paid; provided, that the animal warden control officer or other officer may deliver such dog to any person in this county who will pay the required license tax on such dog, with the understanding that, should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom the dog was delivered by the animal warden control officer or other officer the amount of the license tax paid by him and a reasonable charge for the keep of the dog while in his possession.

(b) Prior to the disposition of any dog under this section by euthanasia or otherwise, all provisions of §3.1-796.96 of the Code of Virginia shall be complied with.

Sec. 5-53. License sales record book.

The treasurer shall enter in a dog license sales record book, containing original perforated and duplicate leaves, the date of sale of dog tags, kennel licenses and pet shop or dealer permits, the names and addresses of persons to whom sold, the kind of tag or kennel and the serial number and the amount of the license tax or permit fee paid. The treasurer shall tear the original perforated sheets from his dog license sales record book monthly and deliver the same to the animal warden control officer on or before the fifth day of the succeeding month.

Sec. 5-54. Separate fund for taxes collected under division.

The treasurer shall keep all money collected for dog license taxes under this division in a separate fund and shall report monthly to the board of supervisors the receipts and disbursements of such fund.

Sec. 5-55. Destruction of unsold tags.

On December thirty-first of each year, the treasurer shall destroy all unsold dog license tags for that calendar year and shall report to the board of supervisors, within ten (10) days thereafter, the number of tags so destroyed.

ARTICLE IV. DANGEROUS AND VICIOUS DOGS

Sec. 5-56. Definitions.

For the purposes of this article and unless otherwise required by the context, the following words and terms shall have the meanings respectively ascribed to them by this section:

Dangerous dog means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

Vicious dog means a canine or canine crossbreed which has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding.

Sec. 5-57. Dangerous dogs; vicious dogs.

(a) The animal control officer upon reasonable belief that a canine or canine crossbreed within the county is a dangerous dog or vicious dog shall apply to a magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear in general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer or owner shall 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. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of §3.1-796.119 of the Code of Virginia.

(b) Notwithstanding the provisions of subdivision (a), the animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this article. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for trial on the merits.

(c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.

(d) The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The animal control officer shall also provide the owner with a tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained.

(e) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed; (iii) that the dog is spayed or neutered; and (iv) that the owner or guardian of the dog has at least one hundred thousand dollars ($100,000.00) of liability insurance to cover animal bites. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation.

(f) While on the property of its owners, 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. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.

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

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

(i) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of the article shall be guilty of a Class 1 misdemeanor.

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

Secs. 5-58--5-64. Reserved.

ARTICLE IV. V. RABIES CONTROL

Sec. 5-65. Violations of article.

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor.

Sec. 5-66. Vaccination or inoculation of dogs and domesticated cats.

(a) It shall be unlawful for any person to own, keep, hold or harbor any dog or domesticated cat over the age of four (4) months within the county, unless such dog or cat shall have been vaccinated with a modified live virus (Flury Strain) rabies vaccine, approved by the state department of health, within a period of thirty-six (36) months, or inoculated, within a period of twelve (12) months, with a killed rabies vaccine approved by the state department of health. a current rabies vaccination administered by a currently licensed veterinarian. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species.

(b) Any person transporting a dog or cat into the county from some other jurisdiction shall conform with this section within thirty (30) days.

(c) At the time of vaccination or inoculation as required by this section, a suitable and distinctive collar tag and a certificate of vaccination or inoculation, properly executed and signed by a licensed veterinarian, shall be issued to the dog's or cat's owner. Such collar tag shall be affixed to the collar and shall be worn at all times when the dog is not on the owner's property or in the immediate control of a responsible person; provided, however, that such collar may be removed under the circumstances stated in §5-48.

(d) The certificate issued pursuant to subsection (c) above shall certify that the dog or cat in question has been vaccinated or inoculated in accordance with this section. Such certificate shall show the date of vaccination or inoculation, the rabies collar tag number, a brief description of the dog or cat and its sex and breed and the name of the owner. The certificate shall indicate that the dog in question has been properly vaccinated or inoculated within sixty (60) days if a killed rabies virus vaccine has been used, or within twenty-four (24) months, if the modified live virus (Flury Strain) rabies vaccine has been used.

(e) A certificate issued under this section shall be carefully preserved by the owner of the dog or cat and exhibited promptly on request for inspection by the animal warden control officer or any other officer.

(f) Upon conviction of any person for failure to have his dog or cat vaccinated inoculated as required by this section, the court shall order such person to have his dog vaccinated or inoculated immediately. Such order shall be in addition to any penalty imposed for such violation.

Sec. 5-67. Emergency declaration of quarantine.

When, in the judgment of the health officer, an emergency exists in the county or any section thereof, due to the widespread rabies epizootic, for the protection of public health, the health officer may declare a quarantine in the county, or such section thereof as may be affected, and restrict all dogs to owners' premises and to the immediate custody of a responsible person, either or both, for the duration of such emergency as is set forth. It shall be unlawful for any person to violate the provisions of any such restriction.

Sec. 5-68. Report of existence of rabid animal; procedure.

(a) Every person having knowledge of the existence of an animal apparently afflicted with rabies shall report immediately to the health department the existence of such animal, the place where seen, the owner's name, if known, and the symptoms suggesting rabies. 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 by one of the methods approved by the State Veterinarian as provided in §3.1-796.96.

(b) When any potentially rabid animal, other than a dog, 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 director of the health department or the animal control officer in a manner approved by the state health department or humanely euthanized. The head of a euthanized animal shall be kept and evaluated by the health department, or sent to the division of consolidated laboratory services of the Virginia Department of General Services for evaluation.

(c) When any animal, other than a dog, believed to be afflicted with rabies, exposes another animal, other than a dog, to rabies through a bite or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, that newly exposed animal shall be confined at the discretion of the health director or animal control officer in a manner approved by the health department or humanely euthanized.

Sec. 5-69. Confinement of animal that has bitten person Procedure when dog or domestic cat exposes person to rabies.

At the discretion of the health officer, any animal which has bitten a person shall be confined under competent observation for ten (10) days, unless the animal develops active symptoms of rabies or expires before that time; provided that, a seriously injured or sick animal may be humanely euthanized and its head sent to the health department for evaluation.

(a) The owner of a dog or domestic cat which has exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, or any person having knowledge of any dog or domestic cat which has so exposed a person to rabies shall immediately notify the director of the local health department or the animal control officer. The director of the health department or the animal control officer shall immediately examine such dog or domestic cat, and in his discretion:

(1) Confine the dog or cat in a strong enclosure on the owner's premises, and isolated from all other animals and persons, for a period of ten (10) days, unless the dog or cat develops active symptoms of rabies; or

(2) Impound or board the dog or cat, at the owner's expense, with a licensed kennel or veterinarian hospital, for a period of ten (10) days, unless the dog or cat develops active symptoms of rabies; or

(3) Impound the dog or cat in the county animal shelter, at the owner's expense, for a period of ten (10) days, unless the dog or cat develops active symptoms of rabies; or

(4) Confine the dog or cat under competent observation for ten (10) days, unless the dog or cat develops active symptoms of rabies or expires before that time.

(b) If a dog or cat is confined pursuant to this section, and the owner of the dog or cat has no proof of a current rabies vaccine for said dog or cat at the time it exposed a person to rabies, then the dog or cat shall be inoculated immediately at the end of the period of confinement. If the dog or cat has been confined to a veterinarian hospital, then it shall be inoculated before it is released to its owner. If the dog or cat has been confined in a kennel, or at the county animal shelter, or on the owner's premises, or under competent observation, then the owner must, within two (2) weeks of the release of the dog or cat, present to the animal control officer a valid certificate of rabies vaccination for said dog or cat to the animal control officer. Failure to do so constitutes knowing possession of an unvaccinated dog or cat.

(c) At the end of the period of confinement under this section, if the dog or cat has not developed active symptoms of rabies, it may be released to its owner. If the dog or cat was confined at the animal shelter, the owner shall pay the impoundment fee, transport fee and daily charges authorized by this section. If the dog or cat was confined in a kennel or veterinarian hospital, the owner shall pay the standard boarding fee charged by such kennel or hospital. Should a dog or cat confined under this section die prior to expiration of the ten-day confinement period, the owner shall still be required to pay confinement costs to the date of death of the dog or cat.

(d) Any dog or cat confined under this section and not claimed by its owner as herein provided for may be disposed of as provided in §3.1-796.96 of the Code of Virginia.

Sec. 5-70. Destruction or confinement of dog or domesticated cat bitten by animal believed to be rabid. showing signs of or suspected of having rabies.

Any dog bitten by an animal believed to be afflicted with rabies shall be destroyed immediately or confined in a pound, kennel or enclosure approved by the health department for a period not to exceed six (6) months, at the expense of the owner; provided that, if the bitten dog has been vaccinated against rabies within one year, the dog shall be revaccinated and confined to the premises of the owner for thirty (30) days.

(a) 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 affected with rabies shall be confined in a kennel or enclosure approved by the health department for a period of not more than six (6) months, at the expense of the owner of such dog or cat, however, if this is not feasible, the dog or cat shall be euthanized. A rabies vaccination shall be administered four (4) weeks prior to release from confinement. Inactivated rabies vaccine may be administered at the beginning of confinement.

(b) Any dog or cat which has proof of a valid rabies vaccination, and which has been bitten or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, shall be revaccinated immediately and confined to the premises of it's owner or other site as may be approved by the health department, for a period of forty-five (45) days.

Sec. 5-71. Concealing animal to prevent its destruction or confinement under article.

(a) It shall be unlawful for any person to conceal any dog or other animal to keep the same from being destroyed or confined in accordance with this article.

(b) A violation of this section shall constitute a Class 1 misdemeanor.

Sec. 5-72. Penalty for violation of quarantine.

Any person who has been directed by the animal control officer, the health director, or both to confine any animal in accordance with the provisions of this article to prevent the potential spread of rabies, and who disobeys that direction in any particular, shall be guilty of a Class 1 misdemeanor.

Sec. 5-71. 5-73. Disposition of rabid dog or dog suspected of being rabid.

Every dog or cat found to be rabid in the county shall be killed and every dog or cat suspected as being rabid shall be kept 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 destroyed.

ARTICLE V. VI. WILD AND EXOTIC REPTILES ANIMALS

Sec. 5-74. Definitions.

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Animal shall include any live vertebrate creature, domestic or wild, not to include birds.

Pet shall mean any animal kept for pleasure rather than utility.

Wild or exotic animal shall mean any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, venomous reptile, amphibian, or invertebrate which can normally be found in the wild state, or any other member of crocodilian, including but not limited to alligators, crocodiles, caimans, and gavials. Ferrets, nonvenomous reptiles, rabbits and laboratory rats which have been bred in captivity and which never have known the wild shall be excluded from this definition.

Sec. 5-72 5-75. Display or exhibition.

No person shall keep or permit to be kept on his premises any wild or exotic reptile animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be constructed construed to apply to zoological parks, performing animal exhibitions, circuses, a licensed rehabilitator, or veterinary clinics which are properly licensed by the federal government or Commonwealth of Virginia. In no case, however, shall such wild or exotic reptile animal be exhibited or displayed in such a manner that persons other than their handlers can pet, fondle or otherwise come in direct physical contact or in any way be "at large" with such animals.

Sec. 5-76. Owners and custodians not to let animals to run at large.

It shall be unlawful for the owner or custodian of any animal (as defined in Sec. 5-74) or nonvenomous reptile to permit said animal or nonvenomous reptile to run at large in the county at any time. Any owner or custodian who permits his animal or nonvenomous reptile to run at large shall, in addition to any penalty provided under this article, be liable for the expenses to cover the costs incurred by the county in locating and capturing, or otherwise disposing of, the animal or nonvenomous reptile.

Sec. 5-73 5-77. Keeping as a pet.

(a) No person shall keep or permit to be kept any wild or exotic reptile animal as a pet.

(b) Any person who keeps a wild or exotic animal in contravention of this article may dispose of the animal by removal of the animal from the county, by giving or selling the animal to a zoological park, or by releasing the animal to the animal control officer. The animal control officer is authorized to release the animal to the wild, to a zoological park, to a responsible adult, or euthanize the animal, if the circumstances warrant.

(c) This article shall be effective immediately; provided that any person currently keeping any wild or exotic animals in the county shall dispose of same within five (5) years of the date of adoption of this article; and provided further, that such a wild animal shall be registered with the animal control officer within sixty (60) days from the date of adoption of this article.

Sec. 5-74 5-78. Penalty.

Any person violating any of the provisions of this article shall be deemed guilty of a Class 3 misdemeanor. Each day a violation of this article shall continue constitutes a separate offense. Any person convicted of violating this article with respect to venomous snakes or spiders who commits a subsequent violation involving venomous snakes or spiders, shall be guilty of a Class 1 misdemeanor.

Sec. 5-75 5-79. Enforcement.

The provisions of this article shall be enforced by the animal warden control officer or the sheriff's office.

Planning; Consider a Conditional use Permit for Marriott Towneplace Suites at 2772 Jefferson Davis Highway. Mr. Jeff Harvey, Director of Planning and Community Development, gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Clark Leming, on behalf of the Applicant
The Chairman closed the public hearing.

Ms. Hilliard motioned, seconded by Mr. Fields, to adopt proposed Resolution R05-225 with a change.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier
Nay: (0)

Resolution R05-225 reads as follows:

A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP2500037 TO ALLOW A HOTEL
IN AN HC, HIGHWAY CORRIDOR, OVERLAY ZONING DISTRICT,
ON ASSESSOR’S PARCEL 30-5, AQUIA ELECTION DISTRICT

WHEREAS, H. Clark Leming, Applicant, has submitted application RC2500037 requesting a Conditional Use Permit to allow a hotel in an HC, Highway Corridor, Overlay Zoning District, on the above-described property; and

WHEREAS, the application has been submitted pursuant to Table 3.1 of the Zoning Ordinance which permits this use in an HC, Highway Corridor, Overlay Zoning District after a Conditional Use Permit has been issued by the Board; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, Staff and testimony at the public hearing; and

WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that a Conditional Use Permit pursuant to application RC2500037 be and it hereby is approved with the following conditions:

1. This Conditional Use Permit is to allow a hotel in an HC, Highway Corridor, Overlay Zoning District on Assessor’s Parcel 30-5.

2. Development of the site shall be in general conformance with the General Development Plan in Exhibit 1 entitled “Marriott Townplace Suites”, dated January 4, 2005, and last revised on March 10, 2005.

3. The applicant shall dedicate right-of-way a minimum of 66 feet from centerline of Jefferson Davis Highway.

4. The applicant shall construct a left turn lane on Jefferson Davis Highway to serve southbound traffic into the site.

5. There shall be only one access point on Jefferson Davis Highway to serve the property.

6. The building materials and design shall be in substantial conformance with the elevations depicted in the photograph in “Exhibit 2”, dated May 25, 2005.

7. Inter-parcel access shall be reserved to the adjacent parcels to the south and east.

8. There shall be no carnival style flags, banners, lights, balloons, or windsocks used on site.

9. Lighting for the parking areas and facilities shall be directed downward and away from residential properties and Jefferson Davis Highway.

10. No commercial apartments shall be permitted on the site.

11. If building permits are not obtained within five years from the date of approval, this Conditional Use Permit shall expire.

12. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable County, Federal, or State codes.

13. The applicant agrees to install a defibrillator in the building.

Code Administration; Amend Building and Inspection Fees by Code Administration and Fire, Rescue and Emergency Services. Mr. Dan Schardein, Director of Code Administration, gave a presentation.

The Chairman opened a public hearing.
The following person spoke:
Joe Brito
The Chairman closed the public hearing.

Mr. Osborn motioned, seconded by Mr. Snellings, to adopt proposed Ordinance O05-27.

The Voting Board tally was:
Yea: (7) Gibbons, Hilliard, Osborn, Pash, Snellings, Cavalier, Fields
Nay: (0)

Ordinance O05-27 reads as follows:

AN ORDINANCE TO AMEND BUILDING AND LAND DEVELOPMENT INSPECTION FEES PROVIDED BY
THE DEPARTMENTS OF CODE ADMINISTRATION
AND FIRE, RESCUE AND EMERGENCY SERVICES

WHEREAS, the Board is authorized by the Code of Virginia to set reasonable fees for building and land development inspection services provided by the Departments of Code Administration and Fire, Rescue and Emergency Services; and

WHEREAS, the Board acknowledges that the fees for these services should be kept current with the actual costs of providing services; and

WHEREAS, most building fees have not been adjusted since 1987; and

WHEREAS, Code Administration’s FY2006 Adopted Budget contains six new full-time positions and conversion of three part-time positions to full-time to accommodate growth in permits and customer demands; and

WHEREAS, Fire, Rescue and Emergency Services’ FY2006 Adopted Budget contains two new full-time positions to perform plan review and inspections of fire protection systems for new construction; and

WHEREAS, it is necessary to increase fees to fund the new positions;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 21st day of June, 2005, that the schedule of fees for building and land development inspection services listed below and provided by the Departments of Code Administration and Fire, Rescue and Emergency Services be and they hereby are amended and reordained as follows:
ServiceCurrent Fee Proposed Fee
BUILDING

Residential Construction

Single-Family Dwellings - New Construction
(Use Groups R-3 and R-4)

Application Deposit - per address$500 $500
Plan Review Fee - per sq. ft. $0.10/sq.ft.; $200 min. $0.10/sq.ft.; $200 min.
Building Construction - per sq. ft.$0.10/sq.ft.; $25 min. $0.14/sq.ft.; $50 min.
Plan Amendments - per sq. ft. of involved area$0.02/sq.ft.; $25 min. $0.03/sq.ft.; $50 min.
All Trades - i.e., electric, plumbing, etc. - per trade per system$40-$50 $50
Supplemental Heating Units - i.e., gas logs, fireplace inserts, space heaters, chimneys, etc. – per unit$20-$25 $45
Utility Hookups - i.e., electric, water, sewer, etc. - per hookup$20 $50
Mechanical Lifts - i.e., elevators, wheelchairs - per level$50 $50
ASME Tanks, Grease Traps, Separators, Backflow and Backwater Devices, etc. - per unit$30 $50
Certificate of Occupancy$10 $50
Temporary Occupancy - $200 refundable at issuance of Certificate of Occupancy per terms of Temporary OP$0 $250
State Levy - on total building permit fees1.75% 1.75%

Additions and Alterations
(Use Groups R-3 and R-4)

Application Deposit - per address$50 $50
Plan Review Fee - per sq. ft. $0 $0.10/sq.ft.; $75 min.
Building Construction Additions - per sq. ft.$0.10/sq.ft.; $25 min. $0.14/sq.ft.; $50 min.
Building Construction Alterations - per sq. ft.$0.08/sq.ft.; $25 min. $0.10/sq.ft.; $50 min.
Plan Amendments - per sq. ft. of involved area$0.02/sq.ft.; $25 min. $0.03/sq.ft.; $50 min.
All Trades - i.e., electric, plumbing, etc. - per trade per system$40-$50 $50
Supplemental Heating Units - i.e., gas logs, fireplace inserts, space heaters, chimneys, etc. – per unit$25 $45
Utility Hookups - i.e., electric, water, sewer, etc. - per hookup$20-$25 $50
Mechanical Lifts - i.e., elevators, wheelchairs - per level$50 $50
ASME Tanks, Grease Traps, Separators, Backflow, and Backwater Devices, etc. - per unit$30 $50
State Levy - on total building permit fees1.75% 1.75%

Multi-Family Dwellings
(Use Groups R-1 and R-2)

Application Deposit - per address including shell$100 $100
Building Construction - per sq. ft.$0.10/sq.ft.; $25 min. $0.14/sq.ft.; $50 min.
Plan Amendments - per sq. ft. of involved area$0.02/sq.ft.; $25 min. $0.04/sq.ft.; $50 min.
All Trades - i.e., electric, plumbing, etc. - per trade per system$40-$50 $50
Supplemental Heating Units - i.e. gas logs, fireplace inserts, space heaters, chimneys, etc.