§ 4-62. Impoundment, redemption and disposition of dogs or other animals found at large without tag.

(a)

Any dog four (4) months or more of age found off the premises of its owner, which is not under the immediate control of a responsible person and which is not wearing a county dog license tag as required by section 4-9, shall be taken up by the animal warden and held for five (5) days unless such dog is redeemed by its owner prior to the expiration of such five-day period.

(b)

The animal warden upon taking custody of a dog under subsection (a) of this section, shall, without delay, notify the owner of such dog, if the ownership is known or can be ascertained by reasonable diligence. If the ownership cannot be so ascertained, the animal warden shall utilize the services of the news media (radio and newspaper) by public service notices and public service broadcasts. Such notices and broadcasts shall contain a brief description of the dog, the time and place of its apprehension, the procedure for redemption and the authorized methods of disposition of the dog if not so redeemed.

(c)

The owner of a dog held in custody under this section may redeem such dog at any time prior to other disposition of the dog authorized in subsection (d) of this section, upon payment of an impounding fee of thirty dollars ($30.00) plus the expenses incurred for the care and feeding of the dog, and upon display of a currently valid county license receipt issued with respect to such dog.

(d)

Subject to the provisions of subsection (c) of this section, any dog held in custody under this section and which is not redeemed by its owner within five (5) days shall be disposed of by one (1) of the following methods, which are listed in order of priority, but subject to the discretion of the animal warden as to the feasibility of any such method in any particular case:

(1)

By sale at public auction;

(2)

By private sale;

(3)

By release to any responsible person, upon payment of the expenses incurred for the care and feeding of the dog and such person's agreement to have the dog vaccinated or inoculated against rabies and to procure a dog license;

(4)

By release to any responsible person who agrees to have the dog vaccinated or inoculated and to procure a dog license; or

(5)

By destruction in a humane manner.

(e)

Nothing in this section shall be construed to prevent the destruction, in a humane manner and upon the advice of a licensed veterinarian or the health officer, of any rabid or critically injured or critically ill dog nor shall redemption of a dog by its owner as herein provided be construed to bar prosecution of such owner for any violation of this article.

(f)

Any dog destroyed pursuant to this section shall be euthanized by one (1) of the methods prescribed or approved by the state veterinarian.

(g)

The proceeds from the sale of any dog under this section shall be paid into the county treasury and the excess, if any, over and above the impounding fee, the expenses incurred for care and feeding, the costs of the sale and any unpaid fine which may have been imposed for a violation of this article, shall be held in a special fund to be payable to the owner of the dog so sold, upon his proper identification, within six (6) months from the date of the sale. If not so paid out within six (6) months, such excess proceeds shall be credited to the general fund of the county.

(Ord. of 10-21-97; Ord. of 4-15-03, § I; Ord. of 2-27-07(2))

State Law reference— Similar provisions, Code of Virginia § 3.1-796.96.

(Ord. of 10-21-97; Ord. of 4-15-03, § I; Ord. of 2-27-07(2))

State law reference

Similar provisions, Code of Virginia § 3.1-796.96.