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11-18-2004 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF NOVEMBER IN THE YEAR TWO THOUSAND. AND FOUR PRESENT; Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby ..Thomas 3. Wright, III Richard K. MacManus Also Attending:. Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 6:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under Special Presentations, add Item (C) concerning a presentation from the Treasurer regarding on-line .banking; under... County Attorney's report, add an item regarding the renewal of the Johnson farm lease; under Closed Meeting, add a legal matter concerning probable litigation requiring briefings by counsel and staff in connection with a codes compliance violation for illegal dumping and a personnel matter; under Old Business, add a Board Report entitled "Hazard Mitigation Grant. Program"; and, under Old Business, add a sewer update from the Town of Windsor. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Special Presentations.. ~~r.._. _ a..~w _ _ .. - - _ f,, . ~ .... ~.. _ . __ . _~_ _ ~~~ u C aocr, 22:,,.677 MacFarland Neblett, .Resident Engineer, Virginia Department of Transportation formally introduced Dennis W. Heuer, P,E., .the new Suffolk District Administrator with the Virginia Department of Transportation: Supervisor Bradshaw advised Mr. Heuer that the County contains over 60 miles of unpaved roads, and that only two (2) roads .have been paved in .the County in the last 11 years. He stated_ the VDOT process to have a road paved is very slow, and it is difficult to explain to citizens. He expressed concern with the maintenance of roads in the County, as well. as the maintenance of outfall ditches. He mentioned that the County experienced a $1,3 million cost overrun ®n the Route 620 project, and a $1 million overrun on the Rescue Bridge. project. He stated it should not be the County's responsibility to absorb these overruns, which were due to poor planning and engineering on VDOT's part. Chairman Clark indicated the Consent Agenda included the following items: A. Resolution to Accept and Appropriate Funding from the Virginia Department of Motor. Vehicles B. Resolution to Appropriate $8,500 from the Museum Gift Shop Fund Balance C. DEQlPublic Notices dated October 18, 2004 and November" 1, .2004 D. Board of Zoning Appeals Action List of November 1, 2004 E. Booker T. Estates Neighborhood Planning Study F: Delinquent Real Estate Tax Collection Monthly Report Emily Haywood,. the County's new Human Resource Director, was formally introduced to the Board: Judy Wells, Treasurer, advised the Board that on-line banking for personal properly and real estate taxes .has been implemented on the County's web-site. U G. October 2I, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor Wright requested that Items (D) and (F} be removed: 2 J ~ooK 2~ :~~578 Supervisor MaclVlanus requested that Item (E) be removed. .Supervisor Wright moved the Board remove Items (D), (E) and (F), and adopt the remaining items on the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to .Item (D), Supervisor Wright inquired why the minutes of the Board of Zoning Appeals have not been presented for the last two (2) meetings. County Attorney Stroman advised that the July 12, 2004 minutes needed to be redone twice because there was a change in the method in .the taking of the minutes to insert the Board Report in lieu of the actual ' statements that were made. He stated the October minutes involved a potential appeal which caused a delay, but they have now been corrected, and will be approved by the Board of Zoning Appeals at-its next meeting, in addition to the July 12, 2004.minutes. With respect to Item (E), Supervisor MacManus inquired if the area around what appears to be a cul-de-sac can be developed. Ms. Beverly H. Walkup, Assistant Director of Planning and Zoning, noted that in .addition to the developed lots, there are approximately ten lots that are already served by existing roads, for a potential of 25 homes. She advised Supervisor MacManus that the area in question is a wetland area, and that the preliminary engineering report notates that the wetland area should be avoided. Supervisor MacManus noted that. if the wetland tots were not platted as shown, they. would .not be included on the zoning maps. He .noted that .leaving them in place could. create potential future problems for the Board. Ms. Walkup advised that a section of the subdivision was platted in 1954, and two (2) other sections .were platted in 1964, which preceded the Zoning and Subdivision Ordinances. She noted only the first SDO-600 feet is currently .zoned residential, and the Planning Commission has recommended that the. rear portion of those. lots be zoned consistent with the front portion. She noted that staff could request the Planning Commission to modify its recommendation so that it leaves out the portion that .contains. wetlands, which would address Supervisor MacManus' concern. With respect to Item (F), Supervisor Wright requested clarification on the amount of delinquent taxes owed to the County. 3 c:~,:. 9o~K 22 ~h..~`79 I~ ~I 1 Ms. Wells explained that staff is .concentrating on~ collecting the outstanding balances for .1998 and 1999 at this time. She .explained .that while those .outstanding balances equal $487,000,. the collection rate has actually improved from 96% to 99%. County. Attorney Stroman advised that the Treasurer and he recently met with. Attorney James Windsor, the delinquent tax collection attorney for the County, to discuss reconciliation of his figures with that of the County's, which may change the totals slightly. Supervisor MacManus moved that the Board accept Items (D), (E) and (F), The- motion was adopted. by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion. /l Chairman Clark called for Transportation Matters. Sandon Rogers, Transportation Planner, referenced the Board Report contained in the agenda detailing cost overruns associated with the Route 620 project. He advised that .the statewide transportation formula does not allow any adjustment. Supervisor MacManus noted. that he' was expecting a summation of the cost associated with VDOT's decisions which. were not appropriate on the. Route 620 project. He further noted that his concern is more with any inappropriate decision making, and the dollar figure .associated with that, so that the information could be communicated to the County's representative in Richmond for discussion of reimbursement to the County at the State level. Supervisor MacManus moved that staff contact the VDOT Resident Engineer, request the specific dollar amount inappropriately spent by VDOT on the Route 620 project, and report back to the Board at its December 16, 2004 meeting so that this information can be communicated to the. Richmond representative for consideration of possible reimbursement at the State level The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw inquired about the status~of Dukes Lane. Mr. Rogers advised that he. is meeting with the bus personnel tomorrow to ensure that they can get the buses turned around on the dirt road without ..going onto private property. Supervisor Bradshaw inquired if Mr. Rogers has contacted with.. Ms. Lee with respect to the Verizon issue. 4 ,~,~.ss~ ., ,.~~., ~ ~,. ~ .,~..... s ,,.~ „ ~._ . _ . . _ ,~~;._ _ .. , , . _ ~ . _ , .... _,. . , ~ . ~... ,. ~.~ ,n.., ~~ ~ ~,~ z,.~M~ .„ ~ ~~.~,~ ~2 eoo~ 22 >c~•E~0 Mr. Rogers advised. that his attempts to contact Ms. Lee this week have been unsuccessful, but that he would continuing. trying to reach her. Supervisor Bradshaw requested that Mr. Neblett contact him and setup a convenient time to meet at Wash Hole Creek Road to discuss why rock was placed on this road when there are no homes located on it. Chairman Clark moved that the Board direct staff to contact VDOT and request traffic slowing (speeding) devices. be installed on Rescue Bridge. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no ' Supervisors voting against the motion. Supervisor Bradshaw notified Mr. Neblett that the culverts on Old Myrtle Road are in need of cleaning. Supervisor Bradshaw requested the status of Duck Town Road. Mr. Rogers replied that the project on Duck Town Road goes back out to bid on November 23, 2004.. // Chairman Clark called for Citizen's Comments. Albert Burckard of Titus Point .Lane, on behalf of Martin Jones, President of the Isle of Wight County Museum Foundation, notified the Board that the Foundation is willing to contribute $1,500 to engage the services of a public archeologist to begin to capitalize on the currently ongoing Boykin's Tavern archeological project to achieve the goal of deriving public education benefits from the expenditure of public funds. ' Supervisor Bradshaw moved -that the Board direct. staff to discuss the request further with the Isle of Wight County Museum Foundation, and advise the Board on what can be achieved. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Cecilia Coffey, Marilyn Curtain and Joe Ferguson requested the Board's permission to hold a Memorial Day ceremony on May 29, 2005 at 2:00 p.m. to recognize the .100-year anniversary of the Confederate monument located at the front ofthe Courthouse. Supervisor Bradby moved that. the request be granted. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors ,voting against the motion. 5 County Attorney Stroman briefed the Board on the decision by Mr. Scott to .file .suit papers appealing the Board of Zoning Appeals' decision to .uphold the Zoning Administrator's interpretation of the Zoning Ordinance. The Board of Zoning Appeals agreed that Mr. Scott could not have an . outdoor display because the property is located within the designated Highway .Corridor Overlay District. He advised that Mr. Scott's case is consistent with other administrative decisions for property located within .the Highway Corridor Overlay District, and that he had proceeded to file suit. papers on behalf of the County. eoox 22 ~~,...6~32 ~~ Chairman Clark called for the County Attorney's report. County Attorney Stroman presented a License Agreement between the County and American Tower, L.P. which he recommends the Board adopt. He noted that on page 2 of the Terms .and Conditions lists a reference to potential FCC fines, which was included, at the insistence of American Tower, L.P. He advised that his .research: of the matter did not reveal any potential fines, and he believes inclusion does not open the County to any significant exposure. Supervisor Bradshaw moved that the Board authorize the. Chairman to execute the Agreement between the County and American .Tower, L.P. for the upgrade of the County's emergency. communications system on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the'motion. ~ '1 1 County Attorney Stroman noted that there would be a public hearing later in the meeting on the amendments to the County's Animal Control Ordinance. County Attorney Stroman recalled that the Board .previously consented to a lease on the Johnson farm property to Mathew J. Johnson. He advised that Mr. Johnson is. now requesting a renewal of the lease, and in .order to accommodate. his need to do some soil work prior to January 1, .2005, he is requesting that the Board authorize him to advertise the renewal of the lease for a public .hearing at the Board's December 16, 20.04 meeting. Supervisor Bradshaw mQVed that the County Attorney be authorized to advertise. the renewal of the lease far a public hearing at .the Board's December 16, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. >P«r~~..:~.,..~~P~_,..._.~.,,_..~~T~..m_ ...... ......._._.~.. . _. ..e..,. _....._s _. .._....,._,..._.. ..~...,~~__~~,.~ .~.~~..~_rz2~.~,~~~,~~~,w~, ~o~n 22 ~H,.g~2 County Attorney. Stroman noted that he has a legal matter concerning probable litigation requiring briefings by counsel and staff in connection with a codes compliance violation for illegal dumping, and a personnel matter for discussion in the Closed Meeting. // At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the agenda. in order to conduct the. public hearings. .The motion was .adopted unanimously (5-0). // Chairman Clark called for: a public hearing on the following: A. An Ordinance to Amend Chapter 3, Animals and .Fowl, Article I, In General, Article II, Dogs and. Cats, and Article III, Nuisance Animals and Hybrid Canines County Attorney Stroman advised that the matter has been properly advertised. He noted that the ordinance seeks. to conform the .County's ordinance to changes in state law over the past several years; it includes some revised fees; to delete the one (1) month leash law; and, to include a provision addressing nuisance and hybrid canines. He advised that the proposed ordinance will have no bearing on the issue of hunting dogs, which is controlled by state law. Chairman Clark called for persons to speak in favor of, or in opposition to, the .proposed ordinance. Maggie Richards. of Mt. Holly Creek Lane recalled that she. previously addressed the Board on incidences .occurring on her road. She noted that at .that meeting she posed the question to the Board why wait until a .dog bites " someone before Animal Control can deem a dog dangerous, and requested that the Board adopt the animal nuisance law to protect its citizens from an incident occurring involving a dangerous dog. She stated her neighbor addressed the Board at the following meeting. and claimed that she had never owned dogs before and that Animal Control has never been to her home in the past. She stated that since April. of 2002, she has had problems with pit bulls and other dogs intermittently. She stated Animal Control officers have removed at least five (5} pit bulls from her property, which were never claimed. She stated that Animal Control had also spoken.. to .her neighbor in the summer of 2002 regarding their dogs, and Deputy Watson has left notes: on her neighbor's home at least four (4} times since May. She advised that Deputy Thomas has also been to her neighbor's home on several occasions in regard to endless barking. She noted that :her tenants have also had to deal with the barking and dogs scaring them. She presented letters from her neighbors in support of her statements. She requested that the Board adopt 7 1 1 1 _~_m.~~ _.ra ....,~ .~... k.. _ --_.Y. _ .._.,.~~.__~-..~,....~.,r 1 1 g~~K 2Z g~,prV~i the proposed ordinance to protect her and .others citizens in the future from similar problems. Animal Control .Officer Waverly Traylor stated the nuisance ;ordinance will provide him with the necessary authority to take action with regard to animal control issues. fie noted that presently in areas. that do not have a leash law, Animal Control has no control over nuisance .dogs until. the dogs reach the point of being determined `dangerous. He stated wolf hybrids. are unpredictable, and the hybrid ordinance ,would require that .permits be obtained for these animals, thus enabling Animal. Control staff to keep track of the location of these animals, and require that owners keep them properly confined. Pat Clark of Twin Hill Lane expressed support for the Nuisance. Ordinance. He inquired whether cats that kill birds on birdfeeders would be classified as a nuisance under the proposed ordinance.. Eddie. Richards of IVIt. Ho11y Creek Lane requested the. Board: adopt the proposed ordinance. He stated that not all neighbors sfiow respect :for each other. He stated some. citizens who work a swing shift allow their dogs to roam the streets, and some dogs. bark all night long if chained up until the owner comes home. He noted that the Sheriff's Office and the Animal Control Officers presently have no authorization to address these types of issues, leaving it in the hands. of the homeowners could lead to inappropriate actions being taken. Sharon Hart of the Newport District, on behalf of the Carrollton Civic League, spoke in support o4 the proposed ordinance. She advised that the League does not support the exclusion of language in the- ordinance that. refers to no dogs running at largeone (1) month a year in different: districts. She noted Animal Control Officers are .able to concentrate on picking up .stray dogs during that one. (1) month of the year. She presented the Board with the names of other individuals .that are also. in favor of the Board adopting the Nuisance Ordinance.. Chairman Clark closed the. public hearing and called for comments from the Board. Supervisor .Bradshaw requested clarification of how cats .will: be handled under the proposed ordinance, County Attorney Stroman stated with respect to cats going onto private property and killing birds, birds are considered wild, and are not :considered. to be personal property.. He stated in a situation such as this, staff .would need to focus on whether ~r not the killing of such birds create an .unsanitary condition by virtue of their dead bodies, and a judge would decide whether or not the situation is deemed serious enough to constitute a violation of the ordinance. 8 9~~K ~~ r;i''l~' 4 Supervisor Bradshaw noted that several comments have been made by citizens tonight that the Sheriff s Office and Animal. Control staff do not have -any authority to deal with dogs that: are trespassing on private property. He advised that the previous County Attorney had advised the Board that Deputies and .Animal Control staff did have the authority to have dogs removed when they. are trespassing on private property, or to serve a summons on .the property owner whose .dog is barking .and causing a nuisance if the complaining property owner wished that to be done. County Attorney Stroman advised that the proposed ordinance will provide both Animal Control staff and the Sheriff s Deputies greater latitude in dealing with animal control issues. Supervisor Bradshaw pointed out that if a citizen has a window raised at night, and a dog is barking that is a half-mile :away from that citizen's . residence, this could be considered: a nuisance. County Attorney Stroman advised that. the legal standard used is that level of barking that is unreasonable based on what the law refers to as the reasonable .person standard.. He stated that he would. advise the Animal Control Officers to get some idea of the duration of the barking, time of day, and the level, and bring that evidence to a Judge, or to inform the citizens that . they would also have the right to pursue this by way. of a warrant in General District Court. He advised .that simply because a citizen is disturbed by a barking dog does not constitute a violation. He noted that the law attempts to create a standard as to what crosses the threshold of being a nuisance. Supervisor Bradshaw stated he did not want to instill too much authority for the Deputies and Animal Control personnel to push residents around. He stated he is primarily concerned with the future when different personnel are reading the ordinances and deciding what they can and can not do. Hie noted that he does not complain about the train's whistle waking him up at night because he lives out in the country, and he expects to hear the train's whistle. He stated he also expects to hear dogs barking at night because it is part of country life. . County Attorney Stroman stated Animal Control staff and the Sheriff's Deputies must exercise some reasonable discretion in this situation. He clarified that in a subdivision with lots of 15,000 square feet, to have dogs barking for several hours at .night and residents complaining about loss of sleep will be the type of situation that will be addressed in the proposed ordinance.. He stated that he has .found that a judge will .take into consideration whether a residence is located in the .country. or in a more densely populated subdivision.. 9 1 1 1 ... .~ _q~,A. n .~..~ i 1 8o~r, 22 ~r~:~685 Supervisor Bradshaw inquired if :the current ardinance would provide relief to a resident who is afraid to be outside in their yard because their neighbor has a vicious dog. County Attorney Stroman advised the current ordinance does not address the situation as well as the proposed ordinance.. He stated the proposed ordinance is a much better and. comprehensive ordinance because it speaks. to and tracks state law with reference to attacking., He advised that judges look more closely at an attack situation versus a .bite situation because one person's definition of attack could be another person's definition of getting acquainted. Chairman Clark stated the Board's intent is to provide Animal Control. officers with the authority to seize menacing and harassing dogs. He further stated the proposed ordinance also provides an incentive for dog owners to keep their menacing dogs under control by making their owners responsible for paying increased fees. He stated. under the current ordinance, only. a vicious dog could be seized. Supervisor Bradshaw. noted that state law provides that hunting dogs on legitimate hunts are not subject to the.same penalties as other dogs when they trespass on private property. He noted that a .dog:. can get lost after a hunt is over, which .opens the door for Animal Control Officers to secure the dog and charge the owner a fee to get the animal back. County Attorney Stroman advised that staff can not interpret a local ordinance in violation of state law. He further advised that all domestic animals, to include hunting dogs, are considered personal property, and state law provides that hunters have the right to go onto private property to retrievertheir hunting dogs. He noted that occasionally a problem occurs when hunters want. to take their firearms onto private property to retrieve their dog. He advised that if a dog, white on a hunt, were to deviate from the hunt and destroy. personal property, then there potentially could be a situation wherein the dog was considered a nuisance.. He stated he did not see the proposed ordinance having any effect on the existing state law dealing with hunting laws. . Supervisor Bradby rioted his support of the proposed ordinance because of the added authority Animal Control Officers have in dealing with nuisance animals. County Attorney Stroman advised that. while a court has to determine . whether an animal is a nuisance, a change in the proposed ordinance would allow the Animal .Control .Officer to declare -the animal to be dangerous. He .stated it would be the option. of the. Animal Control Officer either to pursue an action in General District Court to have the. dog declared a dangerous dog or to have the dog declared dangerous and leave it to the owners as to .whether or not they contest the declaration in court. l0 BOQK ~~.+ yA~.b'~6' .Supervisor Wright noted that the County's agricultural land is being developed, and individuals are moving into the County who are not accustomed to hunting.. He noted that some of the homes are built at the edge of these fields, and because dogs do not know where property lines are located, .there are instances. where these .dogs are restrained and Animal Control is contacted. .County Attorney Stroman stated this is not a violatio~- of the County's ..proposed ordinance. Supervisor Bradshaw added that if he is on a legitimate hunt and the dog enters private property and the homeowner ties up the dog, then this becomes a civil matter.. He stated that the dog owner. could take the homeowner to court for tying his dog up. Chairman Clark noted it was his intent that the proposed ordinance would authorize the Animal Control Officer to pick up a nuisance dog, hold it until the .owner claims it, and the owner would be required to pay an increased fee before the dog would be released. County Attorney Stroman advised that the nuisance provision in the proposed ordinance does not provide for .the Animal Control Officer to be authorized to pick. up the dog; however, there are two (2) sections in the proposed ordinance that. allow the Animal Control Officer to take the dog into custody. He stated hunting dogs on hunts are not dogs running at large. Chairman Clark commented that he wanted the Animal Control Officer to have the discretion with nuisance dogs or dogs running at large to pick the dog up without any court action involved. Supervisor Bradshaw clarified that if an Animal Control Officer does pick up a dog and advises the dog owner that the dog is being picked up .because it is' creating a nuisance, then the Animal Control Officer has to go to court because he has notified the owner. County Attorney Stroman advised that if the County or the person who is the victim of the nuisance warrts to pursue a nuisance action, then court action would be required to declare the dog a nuisance. Supervisor Bradshaw noted he interprets the proposed Ordinance to read that once the. Animal Control Officer picks up a dog for being a nuisance, then he has made the decision that the dog is ..going to be determined a nuisance or not a nuisance by the court, and the Animal Control. Officer must call the courts .and have the courts decide whether or not the dog is a nuisance. 11 . Boor ~~ ~~_~~E~7 County. Attorney Stroman advised that the Animal Control Officer has the discretion to determine if an animal is a nuisance or not, and if the animal is declared a nuisance, then the property owner would have to go to court. He noted a dog can be picked. up by an Animal Control Officer for running at large, if the dog meets the definition of a dangerous dog or if a dog is found without tags and registration. 1 1 Supervisor Bradshaw stated that he interprets the Ordinance to read that if an Animal Control Officer picks u~ a dog that is either being a nuisance animal or a dangerous animal, then the Officer must go to court. He stated the Officer can declare that. a dog is dangerous, but not a nuisance, because that can only be done through the courts. He recommended the Board table the proposed Ordinance because the language is vague, and he does not have a clear understanding of what authority an Animal Control Off cer has at this time. He stated Animal Control staff needs to be able to interpret the Ordinance, and there is too much. leeway and flexibility for personnel. County Attorney Stroman advised that if the animal is without tags, it can be picked up by Animal Control staff; if the animal is running at large, excluding the hunting dog exception, the animal can be picked up by Animal Control staff; and, if the animal is_ dangerous, it can be taken into custody by Animal Control staff with. the following two (2) options; The Animal Control Officer can either declare the dog to be a dangerous :dog, and the owner must contest that finding in General District Court, or the Animal Control Officer can file a petition to have the dog declared dangerous. Supervisor .Bradshaw expressed concern with how the proposed Ordinance will be enforced in future years. He stated he is interpreting the Ordinance differently from the rest of the Board members. Chairman Clark'moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 3, ANIMALS -AND FOWL, ARTICLE L IN GENERAL, 'ARTICLE II. DOGS AND CATS, AND ARTICLE III. NUISANCE ANIMALS AND HYBRID CANINES WHEREAS, the Isle of Vt~ight Board of Supervisors recognizes that there have been anumber- of changes to state law with respect to animal control; and WHEREAS, the Isle of Wight Board of Supervisors believes that these: changes should be incorporated in its local ordinances; and WHEREAS, the Board of Supervisors further deems it appropriate to .regulate. nuisance animals and hybrid canines. B~QK ~~ vAr'~~~V NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 3, Animals and Fowl, Article I. In General, ..Article II. Dogs and. Cats, and :Article IIL Nuisance Animals and Hybrid Canines, be amended as follows: Article I. In General. Sec. 3-1. Definitions. The following words as .used in this chapter shall have the following meanings: Abandon means to desert, .forsake, or .absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care, as set forth in Section 3.1- 796.68 of the Code of Virginia (1950), as amended, for a period of five .consecutive days. Adequate care or care means the responsible practice of good animal husbandry, handling, production, management,. .confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, .euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. Adequate confinement means that, while on the property of its owner and not under. the direct supervision and .control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to (i) prevent the animal's escape; or if the hybrid. canine is determined to be a dangerous dog pursuant to Section 3.1-796.93:1 of the Code of Virginia (1950), as amended, the structure shall :prevent direct .contact with any person or animal not authorized by the owner to be in direct contact with the .hybrid canine, and (ii) provide a minimum of one hundred. (100) square feet of floor space for each .adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. Adequate exercise or exercise means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass .for the age, species, size, and condition of the animal. Adequate feed .means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of animal; provided in a clean. and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and 13 ..,~,~., _ .,..~.,M,.,,~,.~~...~.r..~,._~...._. ._. _ _ _ _ _ _ _ _ ..... _._ .. , .... .. .~ ~~ r a,~~ 9 ~ ~ K 22 ~r'~' V ~;J condition of the animal, .but at least once daily, except as prescribed by a veterinarian or as dictated by ..naturally occurring states of .hibernation or :fasting normal for the: species. 1 Adequate she ter .means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and. protects each animal from injury, rain, sleet, snow, hail., direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment, of health.;. is properly lighted; is properly cleaned; enables each animal. to be clean and dry, except when detrimental to the .species; and, for dogs and cats, provides a solid surface, resting platform,. pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i}permit animals' feet to pass through the openings; (ii) sag under. the animals' weight; or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal .body movements in a comfortable, normal position for the .animal; and (ii) interact safely with other animals in the enclosure., When an animal is tethered, "adequate space" means a ..tether. that permits the above actions and ; is appropriate to the age and size of the animal; is attached to the .animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an .object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal. is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would. endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision, of adequate space. Ade uq ate water means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume,... and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size. and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to .minimize contamination of the water by excrement and pests or an .alternative source' of hydration.. consistent with the generally accepted husbandry practices. i Adoption means the transfer of ownership of a dog or cat from a releasing agency to an individual. 14 eoo~: 22 ~~~~fi~~0 Agricultural animals means all livestock and poultry. Ambient temperature means .the temperature surrounding the animal. Animal means any non-human vertebrate ,species except fish. For the purposes of Section 3.1-796.98 of the Code of Virginia (1950), as amended, , "animal"means any species susceptible to rabies: For the purposes of Section 3.1-796.122 of the Code of Virginia (1950) as amended, "animal" means any non-human vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. Animal control officer means a person appointed as an animal control officer or deputy animal control officer ~s provided in Section 3.1-796.104 of the Code of Virginia (1950), as amended. Animal shelter means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. Board means the Board of Agriculture and Consumer Services. Boarding establishment .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. Collar means awell-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or_ injury to the animal. Companion animal means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native. bird, or any feral animal or any animal under the care, custody,. or ownership of a person or any animal that is bough, sold, traded, or bartered by any person. .Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.. Consumer .means any natural person purchasing an animal from.. a dealer or pet. shop or hiring the .services of a boarding establishment. The term "consumer" shall not include a business or corporation engaged insales or services. __ 15 1 QQ~K ~~,rr"~Cfs`~~ Dealer means .any .person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals. in the regular course of business. as a common carrier, or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals. Direct and immediate threat means any clear and imminent danger to an animal's .health, safety, or life. Dump means to knowingly desert,' forsake, or absolutely give up without having secured another owner or custodian .any dog, cat or other companion animal in any public place including the right-of--way of any public. highway, road or street or on the property of another: F,mergency veterinary treatment means veterinary treatment to stabilize a life-threatening condition, alleviate .suffering, prevent. further disease transmission, or prevent further disease progression. Enclosure means a structure used to house or restrict animals from running at large. 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. Exhibitor means any person who has animals for or on public display, excluding an exhibitor licensed by .the .United States Department of Agriculture. Facilit means a building, other than a private residential dwelling and ,its surrounding .grounds, that is :used to contain a primary enclosure or enclosures in which animals are housed or kept.. Foster care provider means an individual who provides care or rehabilitation for companion animals through an affiliation with a pound, animal shelter, or other releasing agency. Foster home means a private residential dwelling and its surrounding grounds. at which ite through ~n affiliation with a pound, animal shelter, or other releasing agency care or rehabilitation is provided for companion animals. Groomer means any person who- for a fee, cleans, trims, .brushes, .makes neat, manicures, or treats for external .parasites any animal. _16 Horne-based rescue means any person or organization .that accepts (i) more than 12 companion animals or (ii) more than 9 companion animals and more than 3 unweaned litters of companion animals in a calendar year for the purpose of finding permanent adoptive homes for the companion animals and houses the companion animals in a private residential dwelling or uses a system of housing companion animals in private residential foster homes. Humane means any action taken in consideration of and with the intent to provide for the animal's health and well-being. ' Humane investigator means a person. who has been appointed by a circuit court as a humane investigator as provided in Section 3.1-796.106 of the Cade of Virginia (1950), as amended. Humane society means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting ; humane care and treatment or adoptions. of animals. Hybrid canine means any animal which at any time has been or is .permitted, registered licensed, advertised or .otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed. veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the department of health or state veterinarian representative who is under the direction of the State Veterinarian. Kennel means any establishment in which five or more canines, felines, or hybrids of either are kept for thepurpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. Law-enforcement officer .means any person who is a full-time or part- time employee of a ..police department or sheriff's office that is part of or administered by ahe Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time ..employees are compensated officers who .are. not full-time employees as defined by the employing police department or heriff s office. Livestock includes all domestic or domesticated:. bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Section 3.I-73.6 of the Code of Virginia (1950),~as amended; enclosed domesticated rabbits or hares .raised for human food or fiber; or any other individual animal specifically raised fore food or fiber, except companion animals. Local ordinance means any law, rule, regulation, or ordinance promulgated by the governing body of any county,.. city, or town, as the. context may require. n 1 1 ~ooK 22 ;,~r;6`~3 Locality or local government means a county, city, or town, as the context may require. New owner means an individual who is legally competent to enter into a binding agreement pursuant to subdivision (B) (2) of Section 3.1-796.126:1 of the Code of Virginia (1950), as amended, and who adopts or receives a dog or cat from a releasing agency. Other officer includes all other persons employed or elected by the. people of Virginia, or by any municipality,. county, or incorporated town thereof,.whose duty it is to preserve the peace,. to make arrests, or to enforce the law. Owner means ally person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal Person.. means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. Pet shop means an establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. Po ltry includes all domestic fowl and game birds raised in captivity. Pound means a facility operated by the Commonwealth, or any locality, 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 county, city, 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.. For tethered. animals, the term includes the shelter and the area within reach of the tether. Pro~erl~ cleaned means that carcasses, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals' contact with the. above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the. primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of .water, or .directly or indirectly exposed to hazardous .chemicals or disinfectants. .Pro erly lighted, when referring to a facility, .means sufficient illumination to permit routine inspections, maintenance, cleaning, .and 18 B~~K ~2 ~Q~~~•J/1 housekeeping. of the .facility, and. observation of the animals; .to provide regular diurnal lighting cycles of either natural. or artificial light, .uniformly diffused throughout the facility;. and to promote the well-being of the animals. "Properly lighted", when referring to a private residential dwelling and its surrounding grounds, means sufficient illumination to permit routine maintenance and cleaning thereof, and .observation of the companion animals; .and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals. Releasing a envy means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue, that releases companion animals for adoption Research facility means any place, laboratory., or institution licensed by the U.S. Department of Agriculture at which scientific tests, experiments, or investigations involving the use of.living animals are carried out,. conducted, or attempted. Responsible ownership means the ownership and humane care of a hybrid canine in such a manner as to comply with ail laws and .ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety. Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. Sore means, when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw,. or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that .has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection; -. .. use, or practice, such. equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does .not include such an .application, infliction, injection, use,.. or practice in connection. with the therapeutic treatment of an equine by or under the .supervision of a.licensed veterinarian. Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of pads, and. use of action devices as permitted by 9 C.F.R. Part 11.2. State veterinarian means the veterinarian employed by .the Commissioner of Agriculture and Consumer Services as provided in Section 3.1-723 of the Code of Virginia (1950), as amended. 19 1 1 aooK ~~ ~k,:~st~ ~ .State Veterinarian's representative means an employee of .the Department of Agriculture and Consumer Services who is under the direction of the State Veterinarian. Sterilize or sterilization means a .surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat .permanently incapable of reproducing. Treasurer includes-the treasurer and`. his assistants. of Isle of Wight County, Virginia or other officer designated by law to collect taxes in such county. . Treatment or adequate treatment means the responsible. handling or transportation of animals im the person's ownership, custody or charge, appropriate for the age,. species, condition,. size and.type of the animal. Veterinary treatment means treatment. by or on the order of a duly licensed veterinarian. Weaned means an animal that is capable of and physiologically accustomed to ingestion of solid .food or food. customary for the adult of the species, and has ingested such food, without nursing, for a period of at least five days. (2-17-94; TBD.) (State Law Reference, Section 3.1-796.66 of the Code of Virginia (1950), as amended) Sec. 3-2. Care of animals by owner penalty (a) Each owner shall provide for each of his companion animals: (1) Adequate feed; (2) Adequate water;. (3) Adequate shelter that is properly cleaned; (4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; (5) Adequate exercise; (6) Adequate care, treatment,.and transportation; and (7) Veterinary :care when needed or to prevent suffering or disease transmission. 20 e~~~ 22 ,~,,,s,~~ The provisions of this section shall also apply to every pound, animal .shelter, or other .releasing agency,. and every foster. care provider, dealer, pet shop, exhibitor, .kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized. (b) Game and wildlife species shall be cared for in accordance with regulations promulgated by the Board of Game and Inland Fisheries. X (c) Violation of this section is a Class 4 misdemeanor.'(2-17-94; TBD) (State Law Reference, Section 3.1-796.68 of the Code of Virginia (1950), as amended) Sec. 3-3. Transporting animals; requirements; penalty. No owner, railroad or other common carrier when. transporting any animal shall allow that animal to be.confined in any. type of conveyance more .than twenty-four consecutive hours without being exercised, properly rested, fed and watered as necessary for that particular type and. species of animal. 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. No person shall import into the Commonwealth, nor export from the Commonwealth, for the purpose of sale or offering for sale any -dog or cat under the age of eight weeks without its dam. Violation of this section shall be punishable. as a Class 1 misdemeanor. (State Law Reference, Section 31-796.69 of the Code of Virginia (1950), as amended) Sec. 3-4. Sale, etc.,. of unweaned or certain immature animals prohibited; vaccinations required for doffs and cats; penalty. (a) No person shall sell, raffle, or offer for sale as pets or novelties, or offer or give as a prize, premium, or advertising device any living chicks, ducklings, or other fowl under two months old in quantities of less than six or any .unweaned mammalian .companion animal or any dog under the age of seven weeks without its dam, or any cat under .the age of seven weeks without its queen. Dealers may -offer immature fowl, unweaned mammalian: companion animals, dogs or cats under the age of seven weeks for sale as pets or novelties with the requirement that .prospective owners take possession of the animals only after fowl have reached two months of age, mammalian companion. animals have been weaned, .and. dogs. and cats are at least seven weeks of age. Nothing in'this section shall .prohibit the sale of an unweaned animal (i) as food for other animals or (ii) with the. lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal. 21 aooK ~2 ~~:-6~~7 (b) Dealers shall provide all dogs and cats with current vaccinations against contagious and infectious diseases, as recommended: in writing and considered appropriate for the .animal's :age and breed by a licensed veterinarian, or pursuant to written recommendations provided by the manufacturer of such vaccines at least five days before any new owner takes possession of the animal. For dogs, the vaccinations required by this subsection shall include at a minimum canine distemper, adenovirus type II parainfluenza, and parvovirus. For cats, the .vaccinations required by this subsection shall include at a minimum. rhinotracheitis, calicivirus, and panleukopenia. Dealers shall. provide the new owner with the dog's or cat's immunization history.. - (c} Violation. of this section is punishable as a Class 3 misdemeanor. (2- 17-94; TBD.) (State Law Reference,. Section 3.1-796.70 of the Code of Virginia (1950), as amended) Sec. 3-5. Failure of dealer or net shoe to provide adequate care, etc.; penalty. Any .dealer or pet shop that. fails to adequately .house,. feed, water, ~1~ exercise or care. for animals in his or its possession or custody as provided for under this. chapter shall be guilty of a Class 3 misdemeanor. Such. animals shall be subject to seizure and impoundment, and upon conviction of such person the animals may be sold, euthanized, or disposed of as provided by Section 3.1-796.96 of the Code of Virginia (1950):, as amended for licensed, tagged, or tattooed animals.. Such failure shall also constitute grounds for revocation of a permit or certificate of registration after publrc hearing, Any funds that result from such sale shall be used first to pay thecosts of Isle of Wight County for the impoundment and disposition of the animals, and any funds remaining shall be paid to the owner, if known. If the owner is not found, the remaining funds shall be .paid into the Literary Fund. of the Commonwealth of Virginia. (2-17-94; TBD) (State Law Reference, Section 3.1-796.71 of the Code of Virginia (T950), as amended) Sec. 3-6. Misrepresentatian of animal's condition; penalties. 1 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. However, sale. of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is 22 , BQOK ~2 ~„rrs~8 clinically, ill or debilitated due to such parasites at .the time of sale, trade, delivery or transfer of the animal. Violation of this_ section .shall be punishable as a Class 3 misdemeanor. (2-17-94; TBD.) State Law Reference, Section 3.1-796.72 of the Code of Virginia (1950), as amended) Sec. 3-7. Abandonment of animal; penalty. No person shall abandon or dump. any animal. Violation of this section is a Class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, animal shelter, or other releasing agency. (2-17-94; TBD.) (State Law Reference, Section 3.1-796.73 of the Code of Virginia (.1950), as amended) ; Article II. Dogs and Cats. Division 1. -L,icensin~ Generally. Sec. 3-8. Pet shoe/dealer. In the county, any person operating a pet shop or operating as a dealer in companion animals is required to obtain. a permit from the county. The fee for said permit shall be fifty dollars per year. The county may refuse to issue or after issuance may revoke such. permit for fraudulent practices or inhumane treatment of the animals dealt with by .the permittee. Operating a pet shop or operating as a dealer in companion animals without having obtained such a permit from the county shall be a Class 3 misdemeanor.. (2- 17-94.) Sec. 3-9. Unlicensed dogs and cats prohibited. It shall be unlawful for any person in the. county to own a dog or cat four months old or olden unless such dog or cat is licensed as required by the provisions of this chapter. (2-17-94; TBD) (State Law Reference, Section 3.1-796.85 of the .Code of Virginia (1950), as amended) Sec. 3-10. How to obtain a license. Any ..person who resides in Isle. of Wight County may obtain a dog license or cat license by making oral o.r written application to the treasurer of the county accompanied by the amount of license. tax and current certificate of vaccination as required by .this chapter. The treasurer or other officer .charged with the duty of issuing dog and cat licenses. shall only have 23 .soon 22 r~~;6t:~9 ~, 1 authority to license dogs and cats of resident owners or custodians who reside within the boundary limits of this county and may require information to this effect from any applicant. Upon receipt of proper application and current certificate of vaccination as required by this chapter, the treasurer or other .officer charged. with the duty of issuing .dog and cat .licenses shall .issue a .license receipt for the amount. on which he shall record.the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether dog or cat, whether male, unsexed .male, unsexed female, female or kennel, and deliver the metal license tags or plates provided for herein. The information- thus received shall be retained by the treasurer, open to public inspection, during the period forwhich such license is valid. The. treasurer may establish substations in convenient locations in the county and appoint agents for the collection of the license tax and issuance of such licenses. (2-17-94; TBD) (State Law Reference, Section 3.1-796.86 of the Code of Virginia (1950), as amended) Sec. 3-1 1. Amount of license tax. (a) -The amount of the license tax for dogs. and/or cats shall be as follows: { 1) For each male and/or female dog and/or cat - $10.00. {2) For each spayed femaleand/or neutered maledog and/or cat - $3.00. (3) Kennel, for 10-19 dogs - $ 35.00. (4) Kennel, 20-29 dogs - $40.00.. (5) Kennel, 30-39 dogs - $45.00. (6) Kennel, 40-SO dogs -.$50.00. (c) If a license tag is lost, a .duplicate tag .may be issued at a cost of $1.00. (d) No license tax shall be levied on. any dog that is trained and serves as a guide dog for a blind person, that: is trained, and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for amobilty-impaired person. As used in this section, "hearing dog" means a dog trained to alert its :owner by touch to sounds of danger and sounds to which the owner should respond and "service -dog" means a dog trained to accompany its owner for -the purpose of carrying items, retrieving objects, pulling a wheelchair or 24 eo~K 22 ~~,,~700 other such activities. of service or support. (2-17-94; TBD) (State -Law. Reference, Section 3.1-796.87 of the Code of Virginia (1950), as amended) Sec. 3-12. Evidence showing inoculation forrabies prerequisite to obtaining dog or cat license: rabies clinics. No license tag shall be issued for. any dog or cat unless there. is presented, to the treasurer or other officer of the county charged by law with ." .the duty of issuing licensetagsfor dogs and cats at thetime application for license is ,made, evidence satisfactory to him showing that such dog or cat has been inoculated or vaccinated against, rabies by a currently. licensed .veterinarian or currently licensed Veterinary Technician who was under the immediate and direct supervision of a licensed veterinarian on the Premises. Rabies clinics, approved by the appropriate health department and governing body, shall be held at least once per year in each county in which the governing .body finds. that the number of resident veterinarians is otherwise inadequate to meet the need.(2-17-94; TBD) (State Law Reference, Section 3.1-796.97 of the Code of Virginia (1950), as amended) Sec. 3-13. When license tax payable. (a) On January 1 and not later than January 31 of each year, the owner of any dog or cat four. months old or older shall pay" a license tax as prescribed in county ordinance 3-11. - (b) If a dog or cat becomes. four months of age or comes into the possession of any person between January 1 and November 1 of .any year, the license tax for the current calendar year shall be paid by the owner. (c) If a dog or cat becomes four months of age or comes into the possession of any person between October 31 and December 31 of any year, the license tax for the succeeding calendar year shall be paid by the owner and this license shall be valid from the date the license is purchased. (2-17- 94; TBD) Sec. 3-14. Effect of dog or cat not wearing_collar as evidence. 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 chapter 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. (2-17-94; TBD) (State Law Reference, Section 3.1-796.89 of the Code of Virginia (1950), as amended) 25 1 1 ,:~_. . ~. ~~.~,r.,.,..~~.~.......,. _ _,.,__ , . _. _ _ _ _ ~. ~....- ~ _--~ ~~ ~ , . r .~. , ., s:~. 1 go~K 2? ,~_,_~01 Sec. 3-15. What a doa or cat license shall consist of. A dog or cat license shal'1 consist of a license receipt and' ametal tag. The tag shall be stamped or otherwise permanently marked to show the jurisdiction issuing the license. and the .calendar year for. which issued and bean a serial number. The tag may be stamped or otherwise marked to show the sex of the dog or cat. (2-17-94; TBD) (State Law Reference, Section 3.1-796.90 of the Code of Virginia (1950), as amended) Sec. 3-16. Duplicate license tads. If a dog or cat .license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the treasurer or his agent who issued the original license for a duplicate license tag, presenting the original license receipt. -Upon affidavit of the owner or custodian before the treasurer or his agent that the original license tag has beery lost, destroyed or stolen., he shall issue a duplicate license tag which the owner or custodian shall immediately affix to the collar of the dog. The treasurer or his. agent 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. (2- 17-94; TBD) (State Law Reference, Section 3.1-796.91 of the Code of Virginia {1950), as amended) Sec. 3-17. Displaying receipts~doas to wear tags. Dog and cat .license receipts shall be carefully. preserved by the licensees and .exhibited promptly on request for inspection by any. animal warden or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful forethe owner to permit any licensed dog four (4) months old or older to run ar roam at large at any time without a license tag. The owner of the dog may remove. the collared and license tag required by this section when (i) the dog is engaged in lawful hunting; (ii) the dog is competing in a dog show; (iii) the dog has a-skin condition which would be exacerbated. by the wearing of a collar;. (iv) the dog is confined; or (v} .the. dog is under the immediate control. ofits owner. (02-17-94) Division 2. Runnin at Lame Generally Sec. 3-18. Running at largeprohibited within certain zoned areas; "at lame" defined; responsibility of owners or custodians. 26 ti..,,~,,.,~~.,__,~..~-r~.~ .w _~... ~.,- ~ .._,~... ~~ __ .. _,~ . ~ ..__ __~ _ __.. ~_ __ _. - . ~.~~,,,~.~.~.~-...,,,~~~~..~.,~~~.. It shall be unlawful for the owner or custodian of any dog to allow such dog to run at large at any time within any area in the county other than those districts zoned.. Rural Agricultural Conservation. This exception does not apply to mobile homes or trailer parks in Rural Agricultural Conservation Districts nor in Rushmere Shores Subdivision. It is further, unlawful,. for the owner or custodian of any dog to allow such dog to run at large on any garbage collection sites or any other publicly owned property in the county of Isle of Wight. For the purposes of section, "at large" shall be taken to mean off the premises of the owner and not under the immediate control. of the owner, his agent or the custodian of the dog, by a leash, cord or chain; provided that, a dog shall not be considered "at large" if, during the hunting season, it is on a bona fide hunt, in the company of a licensed. hunter or during field trials of training periods when accompanied. by its owner or custodian. It shall be the responsibility of owners or custodians of dogs residing within the Rural Agricultural Conservation Districts of the county to control - such dogs to prohibit them from roaming. in the other areas covered by this section. (2-17-94; 7-15-99; 12-16-99; TBD) (State Law Reference, Section 3.1-796.93 of the Code of Virginia (1950), as amended) Sec. 3-19. Female doffs or cats in season. It shall be unlawful for the owner ofany female dog or cat to permit such dog or canto stray from his premises while such dog or cat is known to such owner to be in season. (2-17-94; TBD) (State Law Reference, Section 3.1-796.94 of the Code of Virginia (1950), as amended) Division 3. Impoundment and Disposition. Sec. 3-20. Duty to impound: animal reclaimable with proof of ownership and fee payment. Any dog or cat found running at large shall be apprehended and placed in the county pound for safekeeping and may be reclaimed by the owner or custodian, upon showing satisfactory proof that he or she is the owner or custodian of such dog or cat and upon payment of such impoundment and board. fees as are established by the board of supervisors of .Isle of Wight ..County, Virginia. (2-17-94; TBD) (State Law Reference, Section 3.1-796.96 of the Code of Virginia (1950), as amended} S !~ / J eooK 2?}-TU3 Sec. 3-21. Confinement and disposition of animals (a) Any animal which has been confined in the county animal pound pursuant to this section shall be kept for a period not less than five days, such periodto commence on the day immediately following the day the animal is initially confined in the facility, unless. sooner claimed by the rightful owner thereof. (b) The operator: or custodian of the .pound .shall make a reasonable effort to ascertain if 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 pound shall make. a reasonable effort to notify the owner of the animal's confinement within the next 24 hours following its confinement. If any companion animal confined pursuant to .this section is .claimed by its rightful owner, such owner will. be charged an impound/pickup fee of fifteen dollars ($ i 5.00) and a kennel :fee of five dollars ($5.00) per day. If any other animal confined pursuant to this section is claimed by its. rightful ; owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. The owner of any animal confined pursuant to this section may also be charged with the actual expenses of any veterinary care rendered while the. animal was in the custody of Isle of Wight County. (c) If an animal conf ned pursuant to this. section has not been. claimed upon expiration. of .the appropriate holding period as provided by subsection . (a) or (b) herein, it shall be deemed abandoned and become the property of the pound. Such animal may be humanely destroyed or disposed of by the methods set forth in subdivisions (1) through (5). No pound .shall release more than two animals or a-family of animals during any 30-day period to any one person under subdivisions (2), (3), or (4). (1). Release to .any .humane society,, 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 a resident of Isle of Wight County and who will pay the required license. fee on such. animal,. agree to have the animal sterilized in accordance with the provisions of Section 3.1-796.126:1 of the Code of Virginia (1950), as amended, .and. provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment. s 90~r 22. -~n~ (3). Adoption by a resident of an adjacent political subdivision ~of ,the Commonwealth and who will agree to have the animal sterilized in accordance with the provisions of Section 3.1-796.126:1 of the Code of Virginia (1950), as amended, and provided that such 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 animal' may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the pound may require -that the sterilization be done at` the expense of the person adopting the animal.. (5). Release .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 that would comply with Section 3.1-796.105 of the Code of Virginia (1950),. as amended; (ii) xequires 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 pound, animal shelter, or other releasing agency within the Commonwealth 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 humane euthanasia, as necessary, are in accordance with the Sections 3.1-796.68 and 3.1-796.96 of the Code of Virginia (1950), as amended. (d) For purposes of recordkeeping, :release of an animal by a .pound to a pound,. animal shelter or other releasing. agency: shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity. (e) No provision herein shall prohibit the immediate euthanasia. of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by .one of the methods prescribed or approved by the State Veterinarian. (f) Nothing in this section shall be construed to prohibit confinement of other companion animals in such a pound For the purposes of this section, the: term "animal" shall not include agriculture animals. (2-17-94; TBD.) 29 ao~r, 22 .. ,7~5 (State Law Reference,: Section 3.1-796.96 of the Code of Virginia (1950), as amended) Sec.__3-22. Adootion of hunting dogs. In addition to the foregoing provisions of section 3-22, a person who wishes to adopt a dog of hunting breed extraction may do so for the same fees and sterilization requirements required under section 3-22; provided, that suchperson agrees to retain the dog for at least 21 days, putting a collar and name tag on the dog immediately; provided, further, that during the 21 .days, such person may test the .dog to determine if such dog will "hunt," and if such dog will not "hunt," such :person may. return the dog to the county pound for a full .refund; provided, further,. that during the 21 day .trial- period, such person agrees to be fully legally .responsible for any damage such dog might do, including the killing or injuring of Livestock and/or fowl; and provided, further,. that such person must .agree not to sell the dog for a period of one year and that, during the one year period, if the person finds that the dog does not meet his/her needs, the person shall return the dog to the county pound but, after the initial days, will not be entitled to any refund for money paid to .the county. (2-17-94; TBD.) Division 4. Dangerous or Vicious Dogs. Sec. 3-23. Control of Dangerous or Vicious dogs. (a) As used in this section, "dangerous dog. " means. a canine or canine crossbreed that has .bitten, attacked, or inflicted injury on a person or .companion animal or killed a companion animal; however, when. a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined. by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person.. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with. an owner or custodian as part of lawful hunting or participating in an organized, lawful dog. handling. event. -"Vicious dog" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a' person, including multiple bites, serious disfigurement, serious impairment of health, or `serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a .court or an animal control ~ officer pursuant to the provisions of subsection (k), that it is a dangerous dog, provided that its owner has been given notice of that finding.. (b) Any animal control officer who .has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog may file a suit in General District Court in Isle of Wight County.: The petition ' shall advise the owner of the nature of the proceeding and. the matters at 30 EOOK 22 ;,L..,'70~ issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to .produce the animal. If, .after hearing < the evidence,. the court finds that the animal is a dangerous dog, the court shall order the animal's owner to -comply with the provisions of this ordinance. If, after hearing the evidence,_the court finds that the animal is a vicious dog, the. court shall order the animal euthanized in accordance with the provisions of Section 3.1-796.1.19 of the Code of Virginia (1950), as amended. (c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing .the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog. (d) The owner;of any. animal found to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration. certificate from the local animal control officer for a fee of fifty dollars ($50), in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag-that identifies the animal as, a dangerous dog. The. owner shall affix the tag to ,the animal's collar and ensure that the animal wears the collar and tag at all times. All - certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. (e) All certificates or renewals thereof required. to be obtained under this section shall only. be issued to persons 18 years of age or older who present .satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the owner has liability insurance coverage,-to the .value of at least .$100,000, that covers animal bites; and (iv) that .the animal is and will be confined. in a proper enclosure or is and will be confined inside the owner's .residence or is .~,,..~,,_~ _ .. _ , .___..._ _.~.~.x,~~..~.Y.. _,_..~„ 1 1 1 eo~r ~~ ~~-~.~07 and will be muzzled and confined in .the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section .shall not be issued a certificate or renewal thereof unless. they present satisfactory evidence that (i) their residence is and will eontinue to be .posted. with clearly visible signs warning bath minors and adults of the. presence of a dangerous dog on.the property; and (ii) the animal. has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (f) While on the property of its owner, an animal :found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design. to prevent its escape or direct contact. .with or entry by minors, adults, or other animals. The structure shall. be designed to provide .the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from. biting a person or another animal. (g) If the owner of an animal. found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately,. upon learning of same, notify the local .animal .control authority if the animal (i) is loose or .unconfined; (ii) bites 'a :person or attacks another animal; (iii) is sold, .given away, or dies; or (iv) has been moved to a different addresso (i) The owner of any animal which has been found to be a dangerous. dog who willfully fails to .comply with the requirements of .this section shall be guilty of a Class l misdemeanor. (j) All fees collected. pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this ordinance, shall be paid into a special. dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of i any animal control officer training required under Section 3.1-796.104:1. of ~~, the Code of Virginia (1950), as amended. (k) Notwithstanding the provisions of subsection (c) of this section, any:.. animal control officer may determine,. after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this ordinance. Ifthe animal's owner disagrees. with the animal control officer's determination, he may appeal .the determination to the general district court for a trial on the merits.. (2-17 -94; TBD.) 32 80~K ~~ r,•:':r~t1C7 (State Law Reference, Section 3.1-796.93:1 of the Code of Virginia (1950), as amended. Division 5. Rabies Control Generally.. Sec. 3-24. Declaration ofrabies emergencies: disposition of animals suspected as rabid. When there is sufficient reason to believe that a rabid,animal is at large, the Board of .Supervisors shall pass an emergency ordinance, that shall become effective immediately upon passage, requiring owners of all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by the rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed thirty days unless renewed by the- Board of Supervisors. The Board of Supervisors shall also have the power and authority to pass ordinances restricting the running at large of dogs and cats which have not been inoculated or vaccinated against rabies and to provide penalties for the violation thereof. Dogs or .cats showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis.. If confinement...is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in Section 3-22 of this ordinance. Every person having knowledge of the existence of any animal apparently afflicted with rabies shall .report immediately to the local health department the existence of .such animal, .the place where seen, the owner's name, if known, and the symptoms suggesting rabies. Any dog or cat, for which no proof of current rabies ..vaccination is available, and which is exposed to rabies through a bite, or through saliva or ..central nervous system. tissue, in a fresh open wound or mucous membrane, by an animal .believed to be afflicted with rabies, shall be confined in a pound, kennel or enclosure approved by the health department for a period , not to exceed six months at the expense of the owner; however, if this is not feasible, the dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in Section 3-22 of this ordinance. A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the. beginning of confinement. Any dog or cat so bitten, or exposed to rabies through saliva or central. nervous system tissue, in a fresh open wound or mucous membrane with proof of a valid rabies vaccination,. shall be revaccinated immediately .following the bite and shall be confined to the premises of the owner,. or .other site as may be approved by the local health department, for a period of 45 days. .~,~,~...~ri,_ _ _ ... _~...... ~.: _.... , .__..,_....~.~.ti,:,~ ~n~~ BO~r ~~ >. - 1t1~~ 1 I~ I 1 At .the- discretion of the director of the local health department, any animal that has bitten a person shall be confined under competent observation for 10 days, unless the animal develops active symptoms of rabies. or expires before that time. A .seriously injured or sick animal may be humanely euthanized as provided in Section 3-22 of this ordinance and .its head sent to the Division of Consolidated Laboratory Services of the Department of General Services, or the local health department, for evaluation. When any potentially rabid animal, other than a dog or cat, exposes or may have .exposed a person to rabies through a bite, or through. saliva or central nervous system tissue, in a fresh open wound or mucous membrane, that animal shall be confined at the discretion of the local health director in a manner approved by the health department or humanely .euthanized as provided in Section. 3-33 of this ordinance and its head sent to the Division of Consolidated Laboratory Services of the Department of General Services, or the local health department, for evaluation. When any animal, other than a dog or cat, is exposed to rabies through a bite, or through saliva or central. nervous system tissue, in a fresh. open wound or mucous membrane, by an animal believed to be afflicted. with rabies; that newly exposed animal stall be confined at the discretion of a , - local health director in a manner .approved by the health department or .humanely euthanized. (2-I7-94; 5-20-04.) (State Law Reference, Section 3.1-796.98 of the Code of Virginia (1950), as amended) ARTICLE III NUISANCE ANIMALS AND HYBRID CANINES Sec. 3-25. Nuisance Animals. (a) All animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, harassing. passersby, biting or attacking any person without provocation on one or more occasions, chasing vehicles, habitually attacking. other domestic. animals; trespassing upon school grounds or trespassing upon private property. in such manner as to damage or destroy or create an .unsanitary condition on such property shall be deemed a nuisance. Repeated running at large after citation of the owner by any animal control officer shall also be deemed a nuisance. (b) Any such person .owning any animal constituting a .nuisance shall be summoned before the general .district court to .show .cause why such animal .should not be confined, destroyed, .removed or the nuisance otherwise abated and upon proof .that the animal .constitutes a public nuisance :the animal in question shall, by order of the general district court, either be 34 .t'>%~`.1Y~'.Yriw.i..-a i.w.. ir... .. ~.s..~n. .... . ..~ :..,_:.,.~.. .~. ... ..... .,~.. .. :. ..r... , .. ~.. .... ~ . .. ., .; ~ .. .. ~ .- ~.._.. ts~'iFn ~'!YV2 80QR ~r •.:.~7~ confined, destroyed, removed or .the nuisance otherwise be abated as uch court shall order; the court may also impose a fine up to $1 OO.OQ to be paid by the owner or custodian of such animal. It shall be unlawful and shall constitute contempt of .court for any .person to harbor or conceal any animal which has been ordered destroyed or removed by the general district court or to fail to confine or restrain an animal when such an order has been entered by the court. (c) If the animal control officer or his duly authorized agent has reason to believe that any animal has, .without provocation, attacked or bitten any person, such animal .may be taken into custody and confined by the animal warden pending determination of the courts pursuant. to this section. (d) Any person who owns any dog, cat or other animal that has been adjudged a nuisance pursuant to this section by the general. district court and who appeals that decision to the circuit court shall be responsible for the fees connected with the impounding of the animal by the animal control officer. The animal control officer or owner shall confine such. dog, cat or other animal during pendency of the appeal to prevent a reoccurrence of the nuisance. If on appeal the circuit court determines that the. dog, cat or other animal is not a nuisance, no such fees for the impounding of the animal shall be imposed. Sec. 3-26. Hybrid canine hermit. (a) No person shall import. into the county or liberate herein or possess herein any hybrid canine except pursuant to a hybrid canine permit- issued by Isle of Wight County. (b) The decision to issue. -such a permit shall be based: upon the following criteria: (l) The number of hybrid. canines that wily be confined on the subject property which in no case shall exceed two (2) hybrid canines; and (2) The type, quality and extent of the confinement of the hybrid canine while on the property of its owner. The owner shall be required to provide adequate confinement as defined in Section 3-1; and (3) The background, knowledge, experience, and responsible ownership of the owner to .adequately care for, keep and .handle hybrid canines; and (4) The means of handling the .hybrid canine while not on the property of the owner. .. I~ 1 e) The owner .applying for a hybrid canine permit shall submit an annual permit fee in the. amount of fifty dollars ($.50.00) to cover the cost of the permitting system. A separate permit shall be obtained for each hybrid canine owned. (d) The owner shall be required to provide the following information when applying for a hybrid canine permit: (1) The sex of the hybrid canine.• (2) The color of the hybrid canine: (3) The height and length of the hybrid canine. (4) Vaccination records including. a vaccination against rabies by a currently licensed veterinarian. (5) Information as to identification .tags, .tattooing or other identifying. marks of the. hybridcanine. (6) An executed consent form authorizing the animal control officer or designee to inspect the premises where thee.. hybrid is confined. for the sole reason of ensuring that the owner is in compliance with the permit and this article. (f) The permit may be revoked or not renewed if the owner has failed to renew any required permit or has violated a provision of the permit or this article or any other law pertaining to the responsible ownership of - the hybrid canine, including, but not limited to, the escape of the animal from the confinement or any death,: damage or injury caused by the hybrid canine. (g) Any person, whether an owner, agent or employee, violating, causing, or permitting the violation of this article. or .the conditions of the permit shall be .guilty of a class 3 misdemeanor for the first violation .and: a class 1 misdemeanor for a second or a subsequent.. .violation. Upon conviction. of a violation of .this article, the violator shall surrender the hybrid canine to the animal control officer for euthanasia in accordance with Section 3.1-796.1.19 of the Cade of Virginia (1950), as amended. (TBD) (State Law Reference, Section 3.1-796..126:9 of the Code of Virginia (1950), as amended) The motion was adopted by a vote "of (4-1) with Supervisors MacManus, Bradby, .Clark and Wright voting in favor of the motion, and Supervisor Bradshaw voting against the motion. 36 _'~wz; waaa~wx..w~a.,aMa-a+w,.,,~.,~..,n.,..r...~.<~., ..o.. ...,,.~.,~.., F.->. ,,,~, ,-..,_. .... ~~ .:.... _ ,...: ,- ::. ~., ,.,:. :-- a._ a d.. ~,_ _ .m ~.sr w.». rtw?+v~st~r ,eoer ~~ .~~~2 Chairman Clark called for a public hearing on the following:. B. The. application of Todd M. and Kristi M. Bryant for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional. Rural Residential (C-RR), of approximately 8.339 acres of land located off the south side of Mull .Swamp Road (Rt. 621) and east of Modest Neck Road (Rt. 62S) in the Hardy -Election District. The purpose of the application is for asingle-family residential lot as conditioned. Chairman. Clark called for persons to speak in favor of or in opposition to the application. Dan Wright of Foursquare Road requested the Board approve the application. Chairman Clark closed the public hearing and called .for comments from the Board. Supervisor Bradby moved the Board approve the application of Todd M. and Kristi M. Bryant, as conditioned. The motion was. adopted by a vote . of (S-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: C. The application of Donald W. Little for a change in zoning classification. from Rural Agricultural Conservation (RAC) to Conditional Rural Residential (C-RR), of approximately two (2) acres of land located off. the east side of Pons Road (Rt. 62S}, southeast of Mullet Drive (Rt. 684) and north of Mill Swamp Road (Rt. 621) in the Hardy Election District. The purpose of the application is for lsingle-family residential lot, as conditioned. Mr. Hartley reminded the Board that this application was tabled at the Board's October, 2004 meeting, and readvertised. He referred to a letter in the agenda from the applicant explaining the nature of his request, and submitting a revised proffer. Chairman Clark called for persons to speak in favor of, or in opposition. to, the application. Donald W. Little, the applicant, requested that the Board approve his application.. Chairman Clark closed. the public hearing and called for comments from the Board. 37 _ -,.~,~ , .~.~~,:~~~s.~.~,..,~. k........~ _ _.....w.. _..... _ ~_ -- _ ,_ . _r. ~ _.. _ _._ ,_, ~ _, . :.. _ ~....,, ~. Supervisor Bradby moved the Board approve the application of Donald W. Little, as conditioned. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the. motion. Chairman Clark called for a public hearing on the following: D. The application of W. C. and Gayle Sawyer for a change in zoning classification from • Neighborhood Conservation- Residential. General (NC-R2) to Conditional General Commercial (C-GC), of approximately .99 acre of land located on the north side of Carrollton Boulevard (Rt. 17) east of Omera Drive, Carrollton, in the Newport Election District. The purpose of the application is for Carrollton Shoppes' expansion and a car wash. Mr. Hartley reminded the Board that this. matter was tabled at the Board's November 4, 2004 meeting to allow the applicant. time to address the concerns expressed by the Board and revise the proffers. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Scott Smith, Hunt CIub Consulting, representing the applicant offered to address any questions. Sharon. Hart of the Newport .District requested that the hours of operation be limited so as not to disturb the surrounding residents..: She requested that the lighting be installed in such a way so as to not shine on the apartments. Chairman Clark. closed the. public hearing and called for comments from the Board. Supervisor MacManus stated that the applicant has addressed the Board's concern with respect to some of the potential uses and have zliminated them. He further stated .concerns with landscaping. and signage -have also been addressed. Chairman Clark moved the Board approve the application of W. C. and Gayle Sawyer. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and V~right •voting in favor of the motion, and no Supervisors voting against the motion. // t Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). 38 . // Chairman Clark called for he County Administrator's report. Sheriff C. W. Phelps notified .the Board.. that he recently met with the Director of the Crater Criminal Justice Academy with respect to the building of a new training facility. He stated that while he is pleased with past experiences with the Crater Criminal Justice Academy, the County is now participating in a number of .regional activities with tk~e Tidewater area jurisdictions, and he now feels that professionally the Sheriff's Office would be better suited to participate with the Hampton Roads Training Academy in Newport News. He stated that doing so would give his office association with the other jurisdictions in the Tidewater area, and County representatives would have a seat on the Board of Directors. He noted that the County already has an associate membership in the Hampton Roads Training Academy by having the County's dispatch center trained there.. He advised that his office would finish out this budget year through June 30,.2005 with .Crater Criminal Justice Academy,~and then assume the membership with the Hampton Roads Training Academy beginning July, 2005. He stated networking. abilities with the entire Tidewater area are currently -being implemented through a system entitled "Crimes Links." He requested that the County prepare two resolutions, one (1) for presentation at the next Crater Criminal Justice Academy meeting, and one (l) for presentation at the Hampton Roads Training Academy's meeting on December 4, 2004 meeting. He stated the. County will be committed to the Hampton Roads Training Academy for a five (5) year period, unless there is a unanimous vote from. the Board of Directors that a jurisdiction may withdraw its membership. Supervisor Bradshaw moved the Board direct staff to prepare .for the Chairman's signature two (2) resolutions; the first. resolution advising that the County no longer intends to be a member of the Crater Criminal Justice Training Academy, and the second resolution requesting that the County become a member in the Hampton Roads Criminal Justice Academy. The .motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark commended the Sheriff on his efforts to clear out the traffic congestion that occurred at the Carrollton voting precinct during the last election. Arthur E. Berkley, Superintendent of Inspections, addressed the Board on a recommended revised fee structure, which would bring the fees more in line with. actual cost to the County for the Board's consideration. Supervisor Wright requested clarification on why the re-inspection fees were increased from $15 to $100. 39 sQOK 2~ ~~:-7~5 i~ 1 Mr. Berkley explained. that the re-inspection activity within his. .Department has increased by 46% over the last five (5) years. He stated contractors are using his staff to create punch lists rather than doing it themselves. He stated the policy for re-inspection fees is left up to the judgement df the inspector. He noted that homeowners are .rarely .charged a re-inspection fee as it is expected that homeowners building their own homes will need more .assistance from staff. Supervisor Wright moved the Board authorize staff to proceed with the ' ordinance amendment, and advertise the revised rates for public hearing at the Board's December 16, 2004 meeting: The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey stated with the successful passage of the Meals Tax Referendum on November 2, 2004, staff is recommending that the. Board authorize them to move forward with developing an appropriate ordinance to implement a meals_tax. Chairman Clark moved that the Board direct staff to prepare the appropriateordinance for public hearing. at the Board's December 16, 2004 meeting to implement a prepared food and beverage-tax. in the amount of four percent (4%), effective February 1, 2005. The motion was adopted. by a vote- of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Donald T. Robertson, Assistant County Administrator/Operations, with respect to the 2005 legislative priorities, submitted appropriate language for the Car Tax and ABC Tax Position statements that the Board desired be included in the County's legislative. priorities in light of the recent actions, taken by VACo. Supervisor MacManus moved the Board adopt the Car Tax and ABC Tax Position Statements. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. .Supervisor MacManus further moved that the Board direct staff to contact Senators Hanger and Quayle; follow-up with Senator Hanger's comment to co-sponsor the statewide Cigarette Tax; and, offer County staff's assistance to the Senators in this effort. The motion"was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby,. Bradshaw, Clark and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Supervisor MacManus requested that staff develop a .one-page legislative summary sheen with bullets' highlighting the County's legislative issues by category for distribution to the public 40 ,~. .,p...,~•PYxw~, sw~.~..~.~ .., w~.s„_ .,a.w, .:,,..- - - ~___.. ... a ...mow r«r . , // Chairman Clark called for Old Business. A. Approval of Consent AgendalNovember 4, 2004 Board of Supervisors' Meeting, as follows: Summary of School Funding - FY 04-OS Board of Equalization Action on Communication Tower Valuations County Strategic Plan of Action/Objective 1.E. Master Water and Sewer Plan Holiday Schedule Isle of Wight County. Administration Building and Carrollton Volunteer Fire Department - .Construction and Renovation Progress Report . Resolution for Acceptance of Streets into the State Secondary Road System, Oyster Way Subdivision Resolution for Acceptance of Streets into the .State Secondary Road .System, Section 2 of the Carrollton Meadows Subdivision . Resolution for Acceptance of Streets into the State Secondary Road System,: Phase 2 of the Ashby Subdivision .Board of Zoning Appeals :Action List of October 4, 2004 September 30, 2004 Regular Meeting Minutes Supervisor MacManus moved the Board adopt the above Consent Agenda items. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Robertson reported that three (3) of the applicants for the Hazard- Mitigation Grant Program (HMGP) funding in response to Hurricane Isabel have been approved. He noted these are all acquisition projects in Burwells Bay and the Rushmere Shores communities.. He noted that the State has agreed to provide. funding to cover 20% of the overall Bests, reducing the County's commitment from $200,378 down to approximately $40,000. 41 .__ ,.r,~T ~ _. s„ u -- ~ 1 0011 IAN r~, ~:r~~~ Supervisor Wright informed the Board that he had. met the Town of Windsor's representatives on November 5, 2004, and discussed the Town's concern .with its lack of authority over sewer connection `fees. He advised that the Town of Windsor would like to have a plan. detailing the County's plans for the Windsor area for the next 5/10/15 years. He noted the Town of Windsor also expressed a desire to have some input. in the fee structure. He advised that a meeting has been scheduled. for December 7, 2004 for the Town's and County's Sewer Committees to meet.. Supervisor MacManus moved the Board appoint Renee Bevans to the Bicycle Pedestrian Committee representing the Smithfield District.. The motion was adopted unanimously (5-0). // Chairman Clark called for New Business. Supervisor MacManus reported that Senator Hanger has advised that tobacco settlement funds can be used .for agricultural business support development. He noted that thisinformation was a topic of discussion at the Board's Finance Committee meeting, and he would recommend formal action by the.Board in light of the problems experienced with poultryand peanut crops. Supervisor MacManus moved. that staff be directed to investigate those options Senator Hanger has encouraged the County to pursue in support of the County's agricultural business, working on thin issue with the Economic Development staff, to see what the options are to apply for some of the tobacco settlement funding, and that the matter be brought back to the Board for appropriate action. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus reported that he attended the VACo Education Subcommittee meeting which discussed the No Child Left Behind Act and some of the difficulties associated with the Act. He advised that the Subcommittee will be sending letters to both state: and federal officials, citing specific problems. Supervisor MacManus moved the Board make a formal request to the School Board to identify the specific problems encountered in the County with the No Child Left Behind. Act, and 'that it be incorporated into the correspondence the County intends to send out to the. State. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 42 :~._ ~ , y,..r.._ , ....~.._ ..: ~_,..: ~ . _.. _ ., ~ ....:. . .. ",~+ver ..... _...... , .. .. _ ~ ..... .... >.~,.1..-gym ,~w~.aer-+i?~':*w~y.,±.;w. . ao~K 22 ...7~~ Supervisor ~MacManus reported that he attended .the VACo Health and Welfare Subcommittee meeting which discussed the fact that Congress is currently discussing a cap on expenditures for foster children, and that support is not being given to individuals on fixed incomes. with. respect to Medicaid payments, causing instances of people getting divorced in order to be eligible for proper coverage and the necessary cost of .medicines. He recommended that the Board follow-up on the matter with Congressman Forbes. Supervisor Bradshaw recommended that the Board refer. the matter to the Director of Social Services for his action. Supervisor MacManus moved the-Board refer the matter to the Director of Social Services and the Social Services Board to develop correspondence to Congressman Forbes, as well as Senators Allen and Warner,, as necessary, to address the .issues of a proposed expenditure cap for foster children and the lack of support for people with fixed incomes on Medicaid. which. cause them to seek divorces in order to receive proper coverage to cover the cost of .needed medicines. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus noted that during the VACo High Growth Coalition meeting, the possibility of hiring an administrator was discussed, in addition to the current cost for a lobbyist." He recommended. was that. the funding level be increased from. $7S0 to $1,500, and that staff notify the Chairman and Vice-Chairman of the High Growth Coalition advising that the funding level has been increased.. Supervisor MacManus moved the Board increase its funding level, and direct staff to correspond with the Chairman and Vice-Chairman of the High Growth Coalition that the County has endorsed increasing its funding level from $7S0 to $1,500. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion... Supervisor Bradshaw explained that.. the flush tax is an attempt to establish funding for the clean up of the Chesapeake Bay, wherein a specific amount will be charged per household. Supervisor Bradby congratulated Supervisor Bradshaw for being reelected as the Regional Director of VACo. Supervisor Bradshaw advised that the Director of Budget and Finance is now reviewing the proposal of the General Assembly with .respect to the personal property tax. 43 1 aonK 2? •.. "7' f~ Chairman .Clark .reported that. he did attend the VDOT special session on Transportation wherein new ways VDOT will be working and partnering with localities was discussed. Chairman Clark reported` that he also attended the VACo Transportation Subcommittee meeting wherein .guidelines were. established with regard to requesting funding from the General Assembly. Chairman Clark requested that the Director of Emergency Management provide an explanation on a recent call in the .County that involved the Bennetts Creek Rescue Squad.. He further requested .that Mr. Childress provide a listing of service coverage areas. // County Attorney Stroman requested the Board enter. into .Closed Meeting under Section 2.2-3711.A.1 of the Freedom of Information Act pertaining to discussion and consideration or interviews of perspective candidates or performance of existing employees; under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel and briefings by staff; and, under Section 2.2-3711.A.7 .pertaining to consultation with legal counsel and briefing by staff, in addition probable litigation, in connection with a codes compliance violation for illegal dumping and a personnel matter. Supervisor Wright. moved the Board enter the Closed Meeting for the reasons stated. The motion. was .adopted by a vote of {5-0) with Supervisors MacManus, Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting: against the .motion: Supervisor Bradshaw moved .the Board return to .open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw; Clark .and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW; THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that; to the best of each member's knowledge, (i) only public 44 ~, . vrtnt 22 7a~ business matters ~ lawfully exempted from open ..meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only. such public business matters as were identified in the motion convening the closed meeting were heard, discussed or ,considered by the Board of Supervisors. VOTE 3 AYES: MacManus, Bradby, Bradshaw, Clark. and Wright NAYS: 0 . ABSENT DURING VOTE: 0 ABSENT DURING MEETING: A // County Administrator,Caskey reminded the Board that the State of he County Breakfast is at 8:00 a.m., Friday, November 19, 2004, at the Smithfield Baptist Church. .County Administrator Caskey informed the Board that Monday, November 22, 2004 is the Staff Retreat, which will be held at The Smithfield Center. County Administrator Caskey noted that County offices will be closing at 1:00 p.m. on Wednesday, November 24, 2004 in observance of the Thanksgiving holiday, and that the Board members should anticipate receiving their Board agendas the fallowing Monday, November 29, 2004 for the December.2, 2004 meeting. Mr. Hartley reminded the Board that Randall Arendt would be speaking at The Smithfield Center on Monday, November 22, 2004 at 7:00 p.m. on the topic of traditional neighborhood development. ~~ Supervisor Bradby moved the Board adjourn the meeting at 9:20 p.m. Stan D. Clark, Chairman i W. Douglas a y, Clerk 45