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Enclosure <br /> <br /> Martinsville <br /> A CITY WITHOUT LIMITS <br /> <br />POI~ICF~ DEI~ARTMENT <br /> <br />Timothy C. Porter, Captain <br />Uniforln Patrol <br /> <br />Guy E. Cassady. Captain <br />Criminal Investigations <br /> <br />DATE: <br /> <br />August 12, 2002 <br /> <br />TO: <br /> <br />Earl Reynolds, Jr., City Manager <br /> <br />FROM: Captain Tim Porter <br /> <br />SUBJECT: Vicious Dogs <br /> <br />Mr. Reynolds, <br /> <br /> In regard to Councilman Dallas' concerns on dogs that could be perceived as <br />dangerous. The act of walking a dog that is perceived as vicious or dangerous is not <br />a violation of any City Ordinance. Under City Code 5-41, as long as the dog is <br />under thc control of the owner or custodian it is not considered running at large. <br /> <br />City Code 5-38 outlines dangerous or vicious dogs. <br /> <br />(a) <br /> <br />As used in this section, "dangerous dogs" means a canine or canine <br />crossbreed which has bitten, attacked, or inflicted injury on a person or <br />companion animal, other than a dog, or killed a companion animal, and <br />"vicious dog" means a canine or canine crossbreed which has (i) killed a <br />person, (ii) inflicted serious injury to a person, including multiple bites, <br />serious disfigurement, serious impairment of health, or serious impairment <br />of a body function; or (iii) continued to exhibit the behavior which resulted in <br />a previous finding by a court that it is a dangerous dog, provided that its <br />owner has been given notice of that finding. <br /> <br /> This code section further specifies (Section c) "No canine or canine <br />crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a <br />particular breed." Simply stated that without a history as outlined in section (a) <br />there is no violation of the code. Please feel free to contact me ifI can be of further <br />assistance in regard to this matter. <br /> <br /> Sincerely,.~.~//~~ <br /> ~im~Porter, Captain <br /> <br />55 West Church Street, P.O. Box 1101, Martinsville, Virginia 24114 <br /> PHONE: 276-656-5300 F^X: 276-656-5306 <br /> <br /> <br />