§ 10-117. Confinement and release of dogs and other animals.

(a)

For the purposes of this section:

Animal shall not include agricultural animals.

Rightful owner means a person with a right of property in the animal.

(b)

Any dog found running at large, or without a license tag as required by this article, shall be confined at the county public animal shelter for a period of not less than five days, such period to commence on the day immediately following the day the dog is confined in the facility, unless sooner claimed by its rightful owner. The operator or custodian of the public animal shelter shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement.

(c)

If any dog confined pursuant to this section is claimed by its rightful owner, the owner shall only be charged with the actual expenses incurred in keeping the dog impounded. If the rightful owner shall claim the dog at any time, the custodian or finder shall relinquish possession of the dog to the rightful owner. If the animal has not been claimed upon expiration of the appropriate holding period as provided, it shall be deemed abandoned and become the property of the public animal shelter. Such animal may be euthanized in accordance with the methods approved by the state veterinarian or disposed of by the methods set forth in subdivisions (1)—(5) below. No shelter shall release more than two animals or a family of animals during any 30-day period to any one person under subdivision (2), (3), or (4).

(1)

Release to any humane society, public or private animal shelter, or other releasing agency within the commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;

(2)

Adoption by any person who is a resident of the county and who will pay the required license fee, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(3)

Adoption by a resident of an adjacent political subdivision of the commonwealth, if the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(4)

Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment and provided that no dog or cat may be adopted by any person who is not a resident of the county, or of an adjacent political subdivision, unless the dog or cat is first sterilized, and the shelter may require that the sterilization be done at the expense of the person adopting the dog or cat; or

(5)

Delivery, for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records which would comply with Code of Virginia, § 3.2-6557; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the public animal shelter a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the provisions of adequate care and performance of euthanasia, as necessary in accordance with the provisions of this Article.

(d)

No provision in this section shall prohibit the immediate euthanasia of any critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this article shall be euthanized by one of the methods prescribed or approved by the state veterinarian.

(e)

Nothing in this section shall prohibit the immediate euthanasia or disposal by the methods listed in subdivisions (1) through (5) of subsection (c) of an animal that has been released to a public or private animal shelter, other releasing agency, or animal control officer by the animal's rightful owner after the rightful owner has read and signed a statement: (i) surrendering all property rights in such animal; (ii) stating that no other person has a right of property in the animal; and (iii) acknowledging that the animal may be immediately euthanized or disposed of in accordance with subdivisions (1) through (5) of subsection (c).

(f)

Nothing in this division shall be construed to prohibit confinement of other companion animals in the shelter.

(g)

The cost of impounding a dog shall be as provided in the county's fee schedule (Appendix A of the Powhatan County Code). Any proceeds deriving from delivery of such animal shall be paid directly to the county treasurer, and no part of such proceeds shall accrue to any individual.

(Ord. No. O-2014-18, 7-7-14)

(Ord. No. O-2014-18, 7-7-14)