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§ 5-38
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<br />Sec. 5-37. Limitation of dogs.
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<br /> No person, family or other group of persons occupying the same premises shall keep more
<br />than four (4) dogs upon said premises, whether said premises shall consist of only one lot or
<br />parcel of land, or of two (2) or more adjoining lots or parcels of land in the city, provided that
<br />any such person, family or other group of persons occupying the same premises may keep more
<br />than four (4), but not more than six (6) dogs, upon said premises, if the dogs are kept entirely
<br />within an enclosed building between the hours of 10:00 p.m. and 7:00 a.m. and if said enclosed
<br />building is located at least fifty (50) feet away from any other person's residence at all times.
<br />(Ord. No. 95-9, 9-26-95)
<br /> Charter reference--Authority of city to regulate or prohibit the keeping of animals,
<br />Charter, Ch. 1, § 2(204 (23).
<br /> State law reference--Similar provisions, Code of V'rrginia, § 15.1-870.
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<br /> Sec. 5-38. Dangerous or vicious dogs.
<br />(a) in section, "dangerous dogs" means acanine canine crossbreed which has "~
<br /> used
<br /> this
<br /> bitten, attacked, or inflicted inj.ur~, on a person or companion animal, other than a dog, or
<br /> killed a companion animal, and vicious dog" means a canine or canine crossbreed which has
<br /> (1) killed a person, (ii) inflicted serious injury to a person, including multiple bites, serious
<br /> disfigurement, serious ~mparrment of health, or serious impairment of a bodily function; or (ii/)
<br /> continued to exkibit the behavior which resulted in a preVious finding by a court that
<br /> angerous dog, provided that ~ts owner has been given notice of that finding. .
<br /> (b) The animal control ?fficer or any deputy animal control officer who has reason to believe
<br /> that a c2n~,te or cs,~ine crossbreed within the city is a dangerous dog or Vicious dog shall apply
<br /> to a magistrate for the issuance of a summons requiring the owner or custodian, if known, to
<br /> appear before a general district court at a specified time. The summons shall adVise the owner
<br /> of the nature of the proceeding and the matters at issue. The animal control officer, deputy
<br /> animal control officer, or owner shall confine the animal until such time as eVidence shall be
<br /> heard and a verdict rendered. The court, through its ~ontempt powers, may compel the owner,
<br /> custodian or harborer of the animal to produce the animal. If, re%er hearing the evidence, the
<br /> court finds that the animal is a dangerous dog, the court shall order the ~an~rnai'S owner to
<br /> comply with the provisions of this ordinance. If after hearing the evidence, the court finds that
<br /> the animal is a vicious dog, the court shail order the animal euthanized in accordance with the
<br /> provisions of the Code of Virginia § 3.1-796.119.
<br /> (c) No canine or canine crossbreed shall be found to be a dangerous dog vicious solely~
<br /> or
<br /> dog
<br /> because it is a particular breed. No sni,~al shall be found to be a dangerous dog or vicious dog
<br /> if the threat, injury or damage was sustained by a person who was (i) committing, at the timel --
<br /> a cr~me upon the premises occupied by the animal's owner or custodian, (ii) committing, at the
<br /> time a willful trespass or other tort upon the premises occupied by the animai's owner or
<br /> custodian or iiii) provoking, tormenting, or physically abusing the animal, or can be shown to
<br /> have rep?.atedly provoked, tormented, abused, or assaulted the animal at other times. No
<br /> police department dog which was engaged in the performance of its duties as such at the time
<br /> of the acts complained of shall be found to be a dangerous dog or a Vicious dog. No animal
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<br />Supp. No. 42 323
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