Chapter 6.25


6.25.010    Definitions.

6.25.020    General.

6.25.030    Permit required.

6.25.040    Transfer of animal.

6.25.050    Control by owner.

6.25.060    Suspension – Violation – Inspection.

6.25.070    Treasurer notification to animal control officer.

6.25.010 Definitions.

As used in this chapter:

(1) “Adequate confinement” means that, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to (a) prevent the animal’s escape; or if the hybrid canine is determined to be a dangerous dog pursuant to Section 3.2-6540 of the Code of Virginia, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine; and (b) provide a minimum of 100 square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement.

(2) “Hybrid canine” means any animal that is or can be demonstrated to be a hybrid of the domestic dog and any other species of the Canidae family; that at any time has been permitted, registered, licensed, or advertised as such; or that at any time has been described, represented, or reported as such by its owner to a licensed veterinarian, law enforcement officer, animal control officer, humane investigator, official of the Department of Health, or State Veterinarian’s representative.

(3) “Responsible ownership” means the ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety. (Ord. 2018-21; Ord. 2008-03. Code 1985, § 6-100).

6.25.020 General.

Pursuant to Section 3.2-6582 et seq. of the Code of Virginia (1950), as amended, no person, firm, corporation or other entity shall own, possess, breed, sell, trade, transfer, purchase, import or release hybrid canines within the city except as provided for in this chapter. (Ord. 2017-12; Code 1985, § 6-101).

6.25.030 Permit required.

(1) No person shall own a hybrid canine without obtaining a permit. Only persons residing within the boundary limits of the city shall be eligible to receive a permit for a hybrid canine except as otherwise provided in this section. Permits shall be granted for a period of 12 months and shall be renewed annually. The owner shall apply for a separate permit for each hybrid canine, except as provided for litters of hybrid canines in subsection (4) of this section. Annual permits shall not be issued for more than two hybrid canines six months of age or older to any one person or residence.

(2) A nonrefundable annual permit fee in the amount of $50.00 for each hybrid canine will be collected from the owner by the treasurer or other officer charged with issuing the permits. A nonrefundable fee of $20.00 will be collected for issuance of each temporary permit. A fee of $10.00 will be collected for duplication of an existing permit.

(3) The treasurer, or agent, shall issue an identification tag for the hybrid canine which shall be stamped or otherwise permanently marked to identify the animal as a hybrid canine, show the jurisdiction issuing the tag, the calendar year for which issued, and bear a serial number. The serial number shall be listed on the permit issued for the hybrid canine. The identification tag shall be securely fastened to a substantial collar by the owner or custodian and worn by such hybrid canine at all times. Upon affidavit of the owner or custodian before the treasurer, or agent, that the original identification tag has been lost, destroyed, or stolen, the treasurer shall issue a duplicate identification tag which the owner or custodian shall immediately affix to the collar of the hybrid canine. The treasurer, or agent, shall endorse the number of the duplicate and the date issued on the face of the original license receipt.

(4) Any person possessing a hybrid canine under the age of six months as of August 13, 1997, shall be required to obtain a temporary permit for each such hybrid canine or litter. The permit shall include the information required in subsection (8) of this section and shall be in effect until 30 days after the animal reaches six months of age, at which time an annual permit shall be required for each animal that remains in the city in accordance with this section.

(5) The hybrid canine permit shall be carefully preserved by the owner and exhibited promptly upon the request of inspection by any animal control officer, law enforcement officer, official of the Department of Health, humane investigator, or a State Veterinarian’s representative.

(6) It shall be unlawful for any person to furnish false information for the purpose of obtaining a permit pursuant to this section.

(7) As a condition of maintaining a permit under this chapter, the permit holder shall agree to allow the animal control officer, or his agent, to inspect at any reasonable time, any premises where the hybrid canine is kept to ensure compliance with this chapter.

(8) Prior to approval of an application for a hybrid canine permit, the animal control officer shall inspect the facility where the hybrid canine will be confined to determine compliance with this chapter and state law. A hybrid canine permit or temporary permit shall have attached and shall include, but not be limited to:

(a) Date of permit and date of expiration;

(b) Name, address, age, and phone number of the owner of the hybrid or litter of hybrids;

(c) Description, sex, age, color, height, length, and any identifying marks or numbers unique to the hybrid canine;

(d) Location where the hybrid canine or hybrid canine litter will be kept;

(e) Proof that the owner has coverage by a general liability insurance policy protecting the general public from any and all damages or injuries caused by the hybrid canine in their charge in an amount not less than $50,000 per incident;

(f) A statement of all vaccinations administered to the hybrid canine and the name and the address of the licensed veterinarian administering the vaccinations;

(g) The number of the individual hybrid canines owned by the permittee; and

(h) The signature of the owner. (Ord. 2017-12; Ord. 2008-03. Code 1985, § 6-102).

6.25.040 Transfer of animal.

(1) If the owner cannot keep the hybrid canine, he shall:

(a) Transfer it to another hybrid canine permittee, residing within the city, providing that the owner so notifies the city prior to transfer of ownership and the transfer is approved by the city after said notification that the new owner is in compliance with this chapter and records maintained by the city for the hybrid canine are amended to indicate the new owner and location of the hybrid;

(b) Transfer the hybrid canine to a person who resides outside the jurisdiction of the city, where the ownership of hybrid canines is legal; or

(c) Cause the hybrid canine to be humanely euthanized by a veterinarian. If the hybrid canine is transferred outside of the city, or euthanized, the original owner of the hybrid canine must notify the city within 10 days.

(2) The hybrid canine shall be adequately confined as that term is defined herein above. (Code 1985, § 6-103).

6.25.050 Control by owner.

(1) Hybrid canines when not on the owner’s property shall be:

(a) Securely kept on a leash;

(b) Properly identified with the tag issued pursuant to SCC 6.25.030(3); and

(c) Under the direct supervision and control of the owner.

(2) The owner of a hybrid canine shall immediately notify the animal control officer if the hybrid canine is:

(a) Loose or not confined;

(b) Bites or attacks a person or another animal;

(c) Dies; or

(d) Has been moved to a different location. (Code 1985, § 6-104).

6.25.060 Suspension – Violation – Inspection.

(1) The city may deny, suspend, or revoke a permit if the applicant or permittee fails or refuses to obtain or renew any required permit for any hybrid canine or violates the provision of this chapter or any other law pertaining to the responsible ownership of the hybrid canine. In addition, the violator may be required by the city to surrender the hybrid canine for euthanasia in accordance with this chapter.

(2) The animal control officer shall inspect annually each hybrid canine pen to ensure that the hybrid canine cannot escape and that the pen meets the definition of adequate confinement as defined herein.

(3) A violation of this chapter shall be a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for a second or subsequent violation. The city may require a violator to surrender the hybrid canine for euthanasia. (Code 1985, § 6-105).

6.25.070 Treasurer notification to animal control officer.

Whenever an application is made to the treasurer of the city for a hybrid canine permit, the treasurer shall notify the animal control officer who shall inspect the facility where the hybrid canine will be confined and advise the treasurer as to the applicant’s compliance or not with the terms of this chapter. (Code 1985, § 6-106; Ord. 2-26-98).