Sec. 6-33. - Required.

It shall be unlawful for any person to own a dog or cat four (4) months old or older in this city, unless such dog or cat is licensed under the provisions of this division.

(Ord. No. 610, § 1; Code 1961, § 4-21; Ord. No. 3955-89; Ord. No. 5862-02, § 1)

Sec. 6-34. - Application; applicant must be city resident.

(a)

Any person may obtain a dog or cat license by making oral or written application to the city treasurer, accompanied by the license tax and evidence of vaccination required by this division. The city treasurer shall only have authority to license dogs and cats of resident owners or custodians who reside within the limits of the city and may require information to this effect from any applicant.

(b)

It shall be unlawful for any person to make any false statement in or present any false evidence with an application submitted under this section, in order to secure a dog or cat license to which such person is not entitled.

(Ord. No. 601, § 5; Code 1961, § 4-21.5; Ord. No. 5862-02, § 1)

Sec. 6-35. - Tax imposed (other than kennel operations).

(a)

A license tax is hereby imposed on dogs and cats required to be licensed under this division in the following amounts:

(1)

Unsexed dogs and cats (neutered or spayed) .....$5.00

(2)

Male or female dogs and cats .....10.00

(3)

Dangerous or vicious dogs .....50.00

(b)

No license tax shall be levied under this section on any dog that is trained and serves as a guide dog or aid dog for a blind or otherwise handicapped person.

(c)

A written veterinarian's certification showing that a dog or cat has been spayed or neutered shall be presented at the time of purchase of the license when the lower tax is applied for. Said certificate shall show the species, breed, name, age, and color of said animal and name, address, and signature of a licensed veterinarian. If such certification is not so presented, the dog or cat shall be taxed the fee levied on unneutered and unspayed dogs or cats.

(d)

Any person giving false information in the procurement of a dog, cat or kennel license shall be deemed guilty of a class 1 misdemeanor.

(Ord. No. 610, § 1; Ord. No. 2246; Code 1961, § 4-21.2; Ord. No. 2548-79, § 1; Ord. No. 3955-89; Ord. No. 4071-90; Ord. No. 4081-90; Ord. No. 5878-02, § 1; Ord. No. 5862-02, § 1)

Sec. 6-35.1. - Tax imposed on kennel operations and dogs kept or housed at kennel operations.

(a)

For the purposes of this section, "kennel operations" shall be defined as a location at which an owner of more than four (4) dogs keeps or houses these animals.

(b)

A license tax is hereby imposed on kennel operations as defined herein in the amount of ten dollars ($10.00).

(c)

A license tax is hereby imposed in the amount of one dollar ($1.00) for each dog housed or kept at a kennel operation.

(Ord. No. 3955-89; Ord. No. 5059-97)

Sec. 6-35.2. - Concealing a dog or cat.

It shall be a class 4 misdemeanor for any person to conceal or harbor any dog or cat on which any required license tax has not been paid.

(Ord. No. 5862-02, § 1)

Sec. 6-36. - When tax due and payable.

The license tax imposed on dogs and cats by sections 6-35 and 6-35.1 shall be due and payable as follows:

(1)

On or before January first and not later than January thirty-first of each year, the owner of any dog four (4) months or older shall pay such tax.

(2)

If a dog shall become four (4) months of age or come into the possession of any person between January first and November first of any year, the license tax for the current calendar year shall be paid forthwith by the owner.

(3)

If a dog shall become four (4) months of age or come into the possession of any person between October thirty-first and December thirty-first of any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner, and such license shall protect such dog from the date of purchase.

(Ord. No. 610, § 2; Code 1961, § 4-21.3; Ord. No. 3955-89; Ord. No. 5877-02, § 1; Ord. No. 5862-02, § 1)

Sec. 6-37. - Failure to pay tax when due.

It shall be unlawful for any person to fail to pay the dog or cat license tax when the same is due. Payment of the license tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve such owner from the penalties provided for such failure.

(Ord. No. 610, § 3; Code 1961, § 4-21.4; Ord. No. 5862-02, § 1)

Sec. 6-38. - Disposition of taxes; records and reports of city treasurer.

(a)

The city treasurer shall deposit all money collected for dog and cat license taxes in a separate account from which the city may use this money annually for any and all of the purposes identified in Section 3.1-796.101 of the Code of Virginia, 1950, as amended.

(b)

The treasurer shall enter, in a dog and cat license sales record, the date of the sale of dog and cat tags, the names and addresses of persons to whom sold, and the serial number and shall keep an account of the amount of the license tax paid. The treasurer shall keep a copy of such dog and cat license sales record in numerical order and at the close of the fiscal year file an annual report of such sales with the city manager and the city auditor; and the city auditor shall audit such records, accounts and unsold dog and cat license tags and authorize the treasurer to destroy unsold tags.

(Ord. No. 2550-79; Ord. No. 3955-89; Ord. No. 5862-02, § 1)

Sec. 6-39. - Issuance, composition and contents of license.

(a)

Upon receipt of a proper application and the prescribed license fee, the city treasurer shall issue a dog or cat license; provided, that no such license shall be issued for any dog or cat, unless there is presented to the city treasurer evidence satisfactory to the treasurer that the owner has complied with section 6-88 with respect to such dog or cat.

(b)

Each dog or cat license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address of the owner or custodian of the dog, the date of payment, the year for which the license is issued, the serial number of the tag, and whether the license is for a male, female or unsexed dog or cat. The metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the city, the sex of the dog or cat and the calendar year for which issued and shall bear a serial number.

(Ord. No. 610, §§ 5—7; Code 1961, §§ 4-21.5—4-21.7; Ord. No. 3955-89; Ord. No. 5862-02, § 1)

Sec. 6-40. - Preservation and exhibition of license receipt; tag to be worn by dog or cat; exceptions.

(a)

Dog and cat license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by the animal control officer or other officer. Dog and cat license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog or cat. The owner of the dog or cat may remove the collar and license tag required by this section when the dog or cat is engaged in lawful hunting; when the dog or cat is competing in a dog or cat show; when the dog or cat has a skin condition which would be exacerbated by the wearing of a collar; when the dog or cat is confined; or when the dog or cat is under the immediate control of its owner.

(b)

Any dog or cat not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this division, the burden of proof of the fact that such dog or cat has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog or cat.

(Ord. No. 610, § 4; Code 1961, § 4-21.9; Ord. No. 5862-02, § 1; Ord. No. 6020-04, § 1)

Sec. 6-41. - Removal of tag.

It shall be unlawful for any person, except the owner of custodian, to remove a legally acquired license tag from a dog or cat.

(Ord. No. 5862-02, § 1)

Sec. 6-42. - Duplicate tags.

If a dog or cat license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply to the city treasurer for a duplicate tag, presenting the original license receipt. Upon affidavit of the owner or custodian, before the treasurer, that the original license tag has been lost, destroyed or stolen, the treasurer shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog or cat. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag for any dog or cat shall be one dollar ($1.00).

(Ord. No. 5862-02, § 1)

Sec. 6-43. - Substations and agents for collection of tax and issuance of license.

The city treasurer may establish substations in convenient locations in the city and appoint agents for the collection of dog and cat license taxes and issuance of dog and cat licenses.

(Ord. No. 5862-02, § 1)

Sec. 6-44. - Reserved.