Sec. 6-54. - Title.

This article shall be known as the Newport News Animal Welfare Ordinance and may be so cited.

Sec. 6-55. - Declaration of policy and purpose.

(a)

The city council declares that it is the policy and purpose of this article to insure that animals are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of animals. It is the purpose of this article to insure that all animals, wherever found, and especially animals confined in pet shops, boarding kennels, animal shelters, auction markets, pounds, research facilities, transportation facilities and vehicles and in other similar places, are provided humane care and treatment. It is also the purpose of this article to protect the owners and purchasers of animals from misleading or fraudulent warranties regarding animals and from theft of their animals; to prevent the sale or use of stolen animals; and to insure that only animals that appear to be free of infection, communicable disease and abnormalities are released for sale, trade or adoption, unless subsequent veterinary care is assured.

(b)

The city council declares that it is the intent of this article to protect the public health, safety and welfare by controlling animals as items of commerce to prevent disease, fraudulent practices and inhumane treatment and conditions.

Sec. 6-56. - Definitions.

The following words, as used in this article, shall have the meanings ascribed to them in this section:

Adequate feed means the provision, at suitable intervals, not to exceed twenty-four (24) hours, of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal.

Adequate shelter means that animals kept outdoors must be provided with moisture proof, wind proof shelters at least four (4) inches off the ground of a size which allows the animal to turn around, sit and lie easily and freely in a normal position and to keep the animal clean, dry and comfortable.

Adequate water means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals and in a suitable manner for the species, and not to exceed twenty-four (24) hours at any interval.

Agricultural animals means cattle, horses, swine, sheep, goats and poultry.

Ambient temperature means the temperature surrounding the animal.

Animal means domestic animals, including both agricultural and companion animals, if not specified otherwise.

Animal shelter means a facility which is used to house or contain animals and which is owned, operate or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

Boarding kennel means a place or establishment, other than a pound or animal shelter, where companion animals not owned by the proprietor are sheltered, fed and watered in exchange for a fee, but shall not include training or show kennels.

Companion animals means dogs, both domestic and feral, cats, both domestic and feral, monkeys and all members of the monkey family, guinea pigs, hamsters, rabbits, exotic animals and exotic and native birds. Game species shall not be considered companion animals for the purposes of this article.

Dealer means any person who, in the regular course of business for compensation or profit, buys, sells, transfers, except as a common carrier, exchanges or barters companion animals.

Dog warden means any person employed, contracted or appointed by the city for the purpose of aiding in the enforcement of this article or any other ordinance relating to the licensing of dogs, control of dogs or seizure and impoundment of dogs. The term includes any state or municipal police officer, animal control officer, sheriff, constable or other employee whose duties, in whole or in part, include assignments which involve seizure or taking into custody of any dog.

Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.

Exotic birds means any bird that is not a species native to the United States.

Housing facility means any room, building or area used to contain a primary enclosure or enclosures.

Humane society means any chartered, not for profit organization incorporated under the laws of this state and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

Owner means any person who has a right of property in an animal; keeps or harbors an animal; has an animal in such person's care; or acts as custodian of an animal.

Pet shop means an establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public.

Pound means a facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals; or a facility operated for the same purpose under a contract with any other city, county, town or incorporated society for the prevention of cruelty to animals.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch.

Research facility means any place, laboratory or institution at which scientific tests, experiments or investigations involving the use of living animals are carried out, conducted or attempted.

Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

(Ord. No. 4158-91)

Sec. 6-57. - Exceptions from article.

(a)

This article shall not apply to a place or establishment which is operated under the immediate supervision of a duly licensed veterinarian as a hospital or boarding kennel, where animals are harbored, boarded and cared for incident to the treatment, prevention or alleviation of disease processes during the routine practice of the profession of veterinary medicine or to animals boarded under the immediate supervision of a duly licensed veterinarian.

(b)

The exception granted by this section shall not apply to sections 6-58, 6-59, 6-60 and 6-61

Sec. 6-58. - Cruelty to animals generally.

Any person who overrides, overdrives, overloads, tortures, ill-treats, willfully inflicts inhumane injury or pain, not connected with bona fide scientific or medical experimentation to, or cruelly or unnecessarily beats, maims, mutilates or kills, any animal, whether belonging to such person or another, or who causes any of the above things, or who, being the owner of such animal, permits such acts to be done by another, or who willfully sets on foot, instigates, engages in or in any way furthers any act of cruelty to any animal, shall be guilty of a Class 1 misdemeanor.

(Ord. No. 60, §§ 8, 13; Code 1961, § 4-9)

State law reference— Similar provisions, Code of Virginia, § 3.1-796.122; authority of city to prohibit cruelty to animals, § 3.1-796.94.

Sec. 6-59. - Maiming, killing or poisoning dogs or fowl.

Except as otherwise provided for by law, if any person maliciously shoots, stabs, wounds or otherwise causes bodily injury to, or administers poison to or exposes poison with intent that it be taken by, any dog or fowl of another, with intent to maim, disfigure, disable or kill the same, or if any person does any of the foregoing acts to any dog or fowl of his or her own, with intent to defraud any insurer thereof, such person shall be guilty of a Class 1 misdemeanor.

(Ord. No. 479, § 1; Code 1961, § 4-15.1)

State law reference— Similar provisions, Code of Virginia, § 18.2-144, which makes similar acts relating to livestock a felony.

Sec. 6-60. - Fighting of cocks, dogs, etc.

It shall be unlawful for any person to engage in the fighting of cocks, dogs or other animals for money, prize or anything of value, or upon the result of which any money or other thing of value is bet or wagered, or to which an admission fee is charged, directly or indirectly.

(Ord. No. 173, § 15; Ord. No. 2178; Code 1961, § 25-18)

State law reference— Similar provisions, Code of Virginia, §§ 3.1-796.124, 3.1-796.125.

Sec. 6-61. - Leaving maimed, diseased, etc., animal in street or other public place.

It shall be unlawful for any person owning or having in custody any maimed, diseased, disabled or infirm animal to leave it to lie or be in a street, road or public place.

(Ord. No. 257, § 12; Ord. No. 1381, § 1; Code 1961, § 4-13)

State law reference— Similar provisions, Code of Virginia, § 18.2-323.

Sec. 6-62. - Duty of owners to provide feed, water, shelter, etc.

Each owner shall have the duty to provide, for each of such owner's companion animals and pursuant to regulations adopted by the state board of agriculture and commerce:

(1)

Adequate feed and adequate water;

(2)

Adequate shelter;

(3)

Adequate space in the primary enclosure for the particular type of animal, depending upon its age, size and weight;

(4)

Veterinary care when needed to prevent suffering; and

(5)

Humane care and treatment.

Sec. 6-63. - Care required of dealers and pet shops.

It shall be unlawful for any dealer or owner or operator of a pet shop to fail to adequately house, feed, water, exercise and care for animals in his or her possession or custody. Animals not so provided for shall be subject to seizure and impoundment and, upon conviction of such dealer, owner or operator of violating this section, such animals may be sold or euthanized. Any funds that result from such sale shall be used first to pay the costs of the city for the impoundment and disposition of the animals and any funds remaining shall be paid to the owner, if known. In the event that the owner is not found, the remaining funds shall be paid into the city treasury.

Sec. 6-64. - Care of animals being transported.

(a)

No owner, railroad or other common carrier, when transporting any animal, shall allow that animal to be confined in any type of conveyance for more than twenty-eight (28) consecutive hours, without being exercised, properly rested, fed and watered as necessary for that particular type and species of animal; provided, however, that a reasonable extension of this time shall be permitted when an accident, storm or other act of God causes a delay. Adequate space in the primary enclosure within any type of conveyance shall be provided each animal, depending upon the particular type and species of animal.

(b)

No person shall carry or cause to be carried, in or upon any vehicle, vessel or other conveyance, any animal in a cruel, brutal or inhumane manner, so as to produce torture or unnecessary suffering.

(c)

Violation of any provision of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 60, §§ 8, 13; Code 1961, § 4-9)

Sec. 6-65. - Importing or exporting puppy, for purpose of sale, without dam.

No person shall import into this city, nor export from this city, for the purpose of sale or offering for sale, any dog under the age of eight (8) weeks, without its dam. Violation of this section shall constitute a Class 1 misdemeanor.

Sec. 6-66. - Sale of baby fowl in certain quantities prohibited.

No person shall sell or offer for sell as pets or novelties, in quantities of less than six (6), any living baby chicks, ducklings or other fowl under two (2) months old.

Sec. 6-67. - Misrepresentation of animal's condition.

No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal.

Sec. 6-68. - Abandonment of animal.

No person shall abandon any animal. Abandonment, for the purposes of this section, is defined as deserting, forsaking or intending to absolutely give up an animal, without securing another owner or without providing the necessities set out in section 6-62.

Sec. 6-69. - Procedure when animals left unclaimed with veterinarian or boarding kennel.

Any animal not claimed by its owner from a licensed veterinarian or boarding kennel within thirty (30) days after a letter of notice has been sent to the owner, if found, by the veterinarian or boarding kennel, may be sold by the veterinarian or boarding kennel. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this article. Any expense incurred by the veterinarian or boarding kennel becomes a lien on the animal and the proceeds of the sale shall first be used to discharge this lien. Any balance of the proceeds shall be paid over to the owner; provided, however, that if the owner cannot be found within the next ensuing thirty (30) days, the balance shall be paid to the city treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.

Sec. 6-70. - Rights of veterinarian as to sick or injured animal when owner cannot be located.

If a licensed veterinarian is called, or by his or her own action comes upon an animal that is sick or injured and the owner of such animal cannot be immediately located, then the licensed veterinarian, in his or her professional judgment, may treat, hospitalize or euthanize the animal, without the permission of the owner. In no event shall a licensed veterinarian who has properly exercised professional judgment regarding such animal be subject to liability for his or her actions.

Sec. 6-71. - Violations of article generally.

Except as otherwise provided in other sections of this article, a violation of any provision of this article shall constitute a Class 3 misdemeanor.

Sec. 6-72. - Investigation of complaint of violation of article; corrective action.

(a)

Upon receiving a complaint of a suspected violation of this article, the dog warden or any law enforcement official may, for the purpose of investigating the allegations of the complaint, enter upon the premises of a dealer or pet shop, and upon obtaining a warrant, upon any other premises where the animal or animals described in the complaint are housed or kept. The commonwealth's attorney and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations.

(b)

If the investigation provided for in this section discloses that a violation of this article has occurred, the investigator shall notify the owner or custodian of the complaint and of what action is necessary to comply with this article. The owner or custodian shall have a maximum of forty-eight (48) hours in which to take corrective action. If, at the end of that period, corrective action has not been taken, legal action shall be instituted.

(c)

This section shall not apply to sections 6-58, 6-59 and 6-60, and investigations and prosecutions for violations of those sections shall be handled as they are for violations of other ordinances of the city.

Sec. 6-73. - Impoundment of animals when article violated.

(a)

When the dog warden, any law enforcement official or a licensed veterinarian finds that an apparent violation of this article has rendered an animal in such a condition as to constitute a direct and immediate threat to its life, safety or health, which the owner or custodian has failed or refuses to remedy, a humane society may impound the animal in a facility which will provide the elements of good care set forth in section 6-62

(b)

Any expense incurred in an impoundment authorized by this section shall become a lien on the animal impounded and must be discharged before the animal is released from the facility. When the animal is not claimed by its owner and all impoundment costs satisfied within seven (7) days, it may, upon seven (7) days' notice personally served upon the owner or custodian, or mailed to such owner or custodian at his or her last known address, be sold at pubic or private sale for fair consideration to a person capable of providing care consistent with this article, with the proceeds of that sale applied first to discharge the lien and any balance to be paid over to the owner. If the owner cannot be found within the next ensuing thirty (30) days, the balance shall be paid into the city treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.

(c)

Nothing in this section shall prohibit the owner of an animal which has been wrongfully impounded from maintaining an action for damages against the dog warden, law enforcement officer or veterinarian responsible for such wrongful impoundment.

Sec. 6-74. - Impoundment records.

The animal warden or the custodian of the pound, upon taking custody of any animal in the course of his or her official duties, shall immediately make a record thereof. The record shall include a description of the animal, including color, breed, sex, approximate weight, reason for seizure, location of seizure, the owner's name and address, if known, and all license or other identification numbers, if any. Complete information relating to the disposition of the animal shall be added to the record, immediately after disposition of the animal.

Sec. 6-75. - Sale or gift of animals released from pound or shelter generally.

(a)

No animal impounded at the city's pound shall be sold or given away other than by sale or gift directly to federal agencies, state-supported institutions, agencies of the Commonwealth of Virginia, agencies of other states, or by delivery to dealers licensed by federal, state or local authorities, or by delivery to a local humane society shelter or to any person who will pay the required fee, if any, on such animal. Any proceeds deriving from the gift, sale or delivery of such animals shall be paid directly to the city treasurer and no part of such proceeds shall accrue to any individual.

(b)

The board of directors of an incorporated humane society shall determine the method of disposition of animals released by its animal shelter. Any proceeds deriving from the gift, sale or delivery of such animals shall be paid directly to the clerk or treasurer of the humane society for the expenses of the society and expenses incident to any agreement concerning the disposing of such animals and no part of such proceeds shall accrue to any individual except for such purposes.

Sec. 6-76. - Dog warden not to sell or give animals to dealers, pet shops, etc.

The dog warden and such warden's representatives shall not give or sell, or negotiate for the gift or sale, to a pet shop, dealer or research facility, of any animal which may come into his or her custody in the course of carrying out his or her official assignments.

Sec. 6-77. - Dog warden not to be licensed as dealer.

The dog warden shall not be granted a dealer's license and each application for such license shall include a statement made under oath that neither the applicant nor any member or employee of the firm, partnership or corporation making application is the dog warden.

Secs. 6-78—6-87. - Reserved.