Sec. 6-1. - Violations of chapter generally.

Except as otherwise provided in other sections of this chapter, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.

Sec. 6-2. - Location and maintenance of poultry and animal yards.

(a)

It shall be unlawful for any person to maintain in the city any poultry or animal yard within one hundred seventy-five (175) feet of any buildings used for residential purposes, or within two hundred fifty (250) feet of any church or school building; provided, however, that the person maintaining such a yard may do so within one hundred seventy-five (175) feet of such person's own personal residence, and further provided, that this subsection shall not apply to the keeping of pigeons.

(b)

For the purpose of this section, the term "poultry or animal yard" shall include every yard, pasture, enclosure, shed or structure used to house:

(1)

Live fowl, including in the term "fowl" chickens, ducks, geese and other poultry, except as provided otherwise herein; or

(2)

One or more of the following animals: Cattle, horses, sheep, goats or other domestic animals, other than cats or dogs.

(c)

Every person maintaining a poultry or animal yard shall keep the same clean and sanitary, and free from all refuse, decaying food and excrement.

(d)

Every poultry or animal yard, except when located in an area zoned agricultural under any existing zoning ordinance, shall be adequately enclosed and free from any rodents. The presence of any rodent in any poultry or animal yard shall be prima facie evidence that such yard is maintained in violation of this section.

Cross reference— Zoning ordinance, Ch. 45.

(e)

Nothing contained in this section shall be construed to authorize the keeping of animals of any kind at any place, irrespective of distances from any buildings, when the keeping of such animals is prohibited by any other ordinance. Conversely, nothing in this section shall be construed to prohibit the keeping of animals of any kind at any place, irrespective of distances from any buildings, when the keeping of such animals is permitted by any other ordinance.

(Ord. No. 1443, § 1; Ord. No. 1587, § 1; Code 1961, § 4-3)

Sec. 6-3. - Maintenance of cow stables.

The maintenance of cow stables or other conveniences for the home use of milk or for the purpose of carrying on a dairy business within the city shall be exercised only under the supervision of the health officer, who may condemn the same as a nuisance if not kept in a cleanly manner. Upon such condemnation, such stable or convenience shall be vacated and shall not again be used for dairy purposes, without permission from the health officer.

(Ord. No. 60, §§ 2, 13; Code 1961, § 4-2)

Sec. 6-4. - Removal of manure at stables and stockyards.

(a)

The word "stable," wherever used in this section, shall mean any building in the city used or intended to be used for housing one (1) or more horses, mules, cows or cattle. The word "premises," wherever used in this section, shall be taken to mean the land used in connection with any stable.

(b)

All manure shall be removed from all stables and premises or placed in a watertight and flyproof pit or bin at least once a week from April first to November first, and at all times all stables and premises shall be kept in such condition as not to become a nuisance by the breeding of flies or a menace to public health, and the escape of any disagreeable odor therefrom shall be prevented, so far as possible.

(c)

All manure shall be removed from all stockyards as often as may be necessary to prevent their becoming a nuisance by the breeding of flies, or becoming otherwise a menace to public health.

(Ord. No. 60, §§ 9, 13; Code 1961, § 4-10)

Sec. 6-5. - Maintenance of premises where fowl are kept.

It shall be unlawful for any person to permit any building or any other premises in or on which chickens or other domestic fowl are kept to become a nuisance by reason of any offensive odors or unsanitary conditions.

(Ord. No. 60, § 5; Code 1961, § 4-6)

Sec. 6-6. - Livestock running at large.

(a)

No person shall permit any livestock owned or controlled by such person to run at large within the city limits.

(b)

Any animal found running at large in violation of this section shall be taken up by the dog warden or any police officer and impounded at a place provided by the city for such purpose. Such animal shall be held for a period of five (5) days, during which time the owner may redeem the animal, by proving ownership and paying the costs incurred by the city in impounding and caring for such animal. Such costs shall be established by the city manager, but in no event shall they be less than those established by section 6-25(b)(2) for impounded dogs. Such costs shall be paid to the person in charge of the place of impoundment and then turned over to the city treasurer who shall report the same to the auditor at the end of the month.

(c)

If an animal is not redeemed by its owner in accord with subsection (b) above, it shall be sold to the highest bidder, after five (5) days' notice of sale posted at the courthouse door and two (2) other conspicuous places in the city. The proceeds of such sale shall be paid to the city treasurer and reported to the auditor at the end of the month.

(d)

Neither the impoundment or the sale of any animal under this section shall relieve any person from the payment of any fine imposed for allowing the animal to run at large in the city.

(Ord. No. 60, §§ 1, 8; Code 1961, §§ 4-1, 4-8)

State law reference— Authority of city to prohibit and impound animals running at large, Code of Virginia, § 3.1-796.94:1.

Sec. 6-7. - Fowl running at large.

(a)

It shall be unlawful for the owner of any chickens or other fowl to permit or allow them to range and run at large on or in the streets, parks, squares or other public property of the city.

(b)

It shall be deemed a trespass on the part of the owner of chickens or other fowl to permit or allow them to range or run on the lands or property of another, without such other's consent or permission, and the owner thereof shall be liable for any damage done by such chickens or other fowl while on the property of another.

(Ord. No. 60, § 4; Ord. No. 172, § 18; Code 1961, §§ 4-4, 4-5, 26-23)

State law reference— Authority of city to prohibit the running at large of fowl, Code of Virginia, § 3.1-796.94:1.

Sec. 6-8. - Keeping of wild animals or unconfined pigeons regulated.

(a)

It shall be unlawful for any person to maintain any nondomestic animal or animals ferae naturae of any type whatsoever within the city limits, except as herein provided. The term ferae naturae shall mean animals which, by nature, are wild, as opposed to those animals which are naturally tame. It shall also be unlawful to maintain pigeons within the city limits which are at large and not under the control of the owner.

(b)

Wild animals may be kept in proper enclosures for public display as an accessory use to a public or private park, animal shelter, or nature related educational facility; provided, however, such park or facility is owned and operated by a governmental body or a nonprofit organization; and further provided, that such park or facility occupies a land area of not less than two (2.0) acres.

(c)

Nondomestic animals or animals ferae naturae maybe kept in the city by any person licensed as a wildlife rehabilitator by the Commonwealth of Virginia. No such wildlife rehabilitator shall keep more than four (4) such animals at any one (1) time; nor shall any such animal be kept by a wildlife rehabilitator for more than one hundred twenty (120) days or until the animal is returned to health sufficient for its return to the wild, which ever is shorter.

(Ord. No. 1443, § 1; Ord. No. 1587, § 1; Code 1961, § 4-3; Ord. No. 3328-85; Ord. No. 5019-97)

Sec. 6-9. - Noisy animals or birds.

Any person who shall own, allow, permit, keep or harbor, on or about any premises, any animal(s) or bird(s) which creates sound (i) that is plainly audible across property boundaries or inside the confines of the dwelling unit, house or apartment of another person between the hours of 10:00 p.m. and 8:00 a.m.; (ii) that is plainly audible inside the confines of the dwelling unit, house or apartment of another person at least once a minute for ten (10) consecutive minutes; (iii) that is plainly audible at fifty (50) or more feet from the animal(s) or bird(s) between the hours of 10:00 p.m. and 8:00 a.m.; or (iv) that is plainly audible at fifty (50) or more feet from the animal(s) or bird(s) at least once a minute for ten (10) consecutive minutes, shall be deemed to have caused or permitted a public nuisance, which is unlawful, and shall be guilty of a Class 4 misdemeanor for each occurrence the nuisance may continue, after due notice has been given to remove, correct or abate the same.

(Ord. No. 60, §§ 12, 13; Code 1961, § 4-14; Ord. No. 6637-09, § 1)

Cross reference— Nuisances generally, § 28-35.

Sec. 6-10. - Disposal of dead animals generally.

(a)

The owner of any dead horse or dead hog, cow or other cattle not killed for human food, shall bury or otherwise dispose of it so that the same shall not become offensive to the inhabitants of any part of the city or of the suburbs thereof, within twelve (12) hours after the death of any such animal, if such death shall occur in the months of November, December, January, February or March, and within eight (8) hours after the death of any such animal, if such death shall occur in the months of April, May, June, July, August, September or October; provided, however, that the period between 6:00 p.m. and 6:00 a.m. of the next succeeding day shall not be taken into consideration in computing such time. During the whole period from the death of any such animal to the time of the disposal of its body, while in any street, lane or public alley, it shall be, by the owner thereof, kept entirely covered or otherwise hidden from view. No such dead animal shall be dragged or carried through or along any street or alley, except when so carried as to prevent the exposure to view of the same or any part thereof. In the event the owner of a deceased animal fails to dispose of it, as required by this subsection, the city manager or the manager's designee shall have authority to dispose of such carcass at the expense of the owner.

(b)

Dead animals, other than dogs and those mentioned in subsection (a) above, shall be disposed by the owner or occupant of the premises upon which they are found, by depositing them in the receptacles provided for in Chapter 19 of this Code.

(Ord. No. 60, §§ 10, 11, 13; Ord. No. 125, §§ 14, 17; Code 1961, §§ 4-11, 4-12)

State law reference— Allowing dead animal to remain unburied, Code of Virginia, § 18.2-323; responsibility of owner, Code of Virginia, § 18.2-510.

Sec. 6-11. - Depositing dead animal on street or sidewalk or allowing it to remain unburied.

If any person casts or otherwise deposits any dead animal into a road, alley, or sidewalk, or knowingly permits any dead animal to remain unburied upon his or her property, when offensive to the public, such person shall be guilty of a Class 3 misdemeanor.

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

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

Sec. 6-12. - Sterilization of dogs and cats obtained from pound or animal shelter.

(a)

Every person residing in the city receiving a dog or cat placed to or with such person by any animal shelter or pound located in the city or receiving funding of any kind from the city shall, within thirty (30) days of receiving such dog or cat, or in the case of a female dog or cat less than six (6) months old or a male dog or cat less than ten (10) months old, within thirty (30) days of the earliest date determined by the placing shelter or pound as safe for sterilization of such dog or cat, have such dog or cat spayed or neutered by a duly licensed veterinarian. Every person violating this subsection shall be subject to a fine of twenty-five dollars ($25.00), plus two dollars ($2.00) per day for each day such violation continues up to a maximum total fine of one hundred dollars ($100.00); and the pound utilized by the city may additionally revoke the placement and take possession of the unsterilized dog or cat.

(b)

Every animal shelter or pound located in the city or receiving funding of any kind from the city shall furnish every person residing in the city with whom a dog or cat is placed, at the time of placement, a form approved by the animal warden, which shall contain or recite the following:

(1)

The name and address of the person with whom the dog or cat is placed.

(2)

The name and address of the shelter or pound making the placement.

(3)

A description sufficient for identification of the dog or cat placed.

(4)

The date of placement.

(5)

In the case of a female dog or cat less than six (6) months old or male dog or cat less than ten (10) months old, the earliest date upon which sterilization is determined to be safe for such dog or cat.

(6)

A recitation of the responsibility under this section of the person receiving placement for the sterilization of the dog or cat.

(7)

A recitation of the responsibility of the person receiving placement of reporting the sterilization of the dog or cat.

(8)

An acknowledgment that the placed dog or cat has been spayed or neutered, along with a signature and date line for signature by a duly licensed veterinarian who performs the sterilization procedure.

(9)

The name and address of the pound then utilized by the city.

Any placement facility not complying with this subsection shall be subject to a fine of fifteen dollars ($15.00) for each violation.

(c)

Every person residing in the city receiving a dog or cat placed with such person by an animal shelter or pound located in the city or receiving funding of any kind from the city shall have the form provided to him pursuant to subsection (b) above signed and dated by the fully licensed veterinarian neutering or spaying such dog or cat and shall file such form with the pound being utilized by the city, within thirty-seven (37) days of the date he received the animal, or in the case of a female dog or cat less than six (6) months old or a male dog or cat less than ten (10) months old, within thirty-seven (37) days of the date designated upon which sterilization may first be safely performed. Any person violating this subsection shall be subject to a fine of ten dollars ($10.00).

(Ord. No. 3619-87)

Secs. 6-13—6-21. - Reserved.