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§ 5-40 MARTINSVILLE CODE the cat to the city police department to be disposed of humanely. Any cat Wearing a collar with a current rabies tag, if trapped by the animal control officer or a deputy animal control officer shalI be released. (Ord. No. 95-9, 9-26-95) State law reference--Code of Virginia, § 3.1-796.97.1. Sec. 5-41. Dogs running at large prohibited. (a) It shall be unlawful for any dog to run at large at any time anywhere in the city, even though the dog is both lawfully licensed and vaccinated. All dogs in the city shall be confined, though the dog is both lawfully licensed and vaccinated. All dogs in the city shall be confined, restricted, or penned up unless they are being physically carried or held by a leash, chain, or other restraint or are in the physical presence of a responsible person and under the command of that person. Any person whose dog is found running at large or not confined, restricted, or penned up, as required by this section, shall be deemed to have violated this section. (b) For the purpose of this section, a dog shall be deemed to run at large while roaming, runnirxg, or self-hunting off the property of its owner or custodian and not under the owner's or custodian's immediate control. (Ord. No. 95-9, 9-26-95) Charter reference-Authority of city to prohibit anirqals from nmning at large, § 2(23). State law reference-Authority to prohibit dogs from running at large, Code Of Virginia, § 3.1-796.93. Sec. 5-42. Dogs prohibited in public buildings, food establishments, etc.; exceptions. (a) It shall be unlawful for the owner of any dog to allow, cause or permit such dog to enter any public hall, restaurant, ice cream parlor, sof~ drink parlor, food store, supermarket, public building or any office or store during the time such office or store is open for public business, whether or not the dog is muzzled, on leash or otherwise under the immediate control of such owner. (b) This section shall not apply to a small or toy dog, as long as it is being carried by its custodian, nor shall it apply to any police dog under the command and control of a member of the Martinsville Police Department or a member of another law enforcement agency assisting the Martinsville Police Department, nor to 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. (Ord. No. 95-9, 9-26-95; Ord. No. 97-11, 5-13-97) Sec. 5-43. Permitting diseased dog or cat to leave owner~s premises. It shall be unlawful for the owner of any dog or cat with a contagious or infectious disease to permit such dog or cat to leave his premises, whether under the control of the owner or not, supp. No. 42 326