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ANIMALS AND FOWL § 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(20), (23).
<br /> State law reference--Similar provisions, Code of Virginia, § 15.1-870.
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<br />Sec. 5-38. Dangerous or vicious dogs.
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<br /> (a) As used in this section, "dangerous dogs" means a canine or canine crossbreed which has
<br />bitten, attacked, or inflicted injury 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 />(i) killed a person, (ii) inflicted serious injury to a person, including multiple bites, serious
<br />disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii)
<br />continued to exhibit the behavior which resulted in a previous finding by a court that it is a
<br />dangerous dog, provided that its owner has been given notice of that finding.
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<br /> (b) The onimai control officer or any deputy animal control officer who has reason to believe
<br />that a canine or canine 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, filmown, 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 aniraal 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 contempt powers, may compel the owner,
<br />custodian or harborer of the animal to produce the aninaal. If, after hearing the evidence, the
<br />court finds that the animal is a dangerous dog, the court shall order the animal'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 shall order the animal euthanized in accordance with the
<br />provisions of the Code of Virginia § 3.1-796.119.
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<br /> (c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely
<br /> because it is a particular breed. No animal 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 time,
<br /> a crime 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 ~iii) provoking, tormenting, or physically abusing the animal, or can be shown to
<br /> have repeatedly 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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