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06-18-2015 Regular MeetingPRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice -Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointees to County boards/committees/authorities; pursuant to Section 2.2- 3711(A)(1) regarding discussion of performance of two specific public appointees; and, pursuant to Section 2.2-3711(A)(7) concerning consultation with legal counsel employed and retained by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to actual litigation regarding the proposed waterline to the Gatling Pointe Subdivision. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be adopted: 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, Will III 01111fir-1 191 1 1101 1 11 Jill III 11,111111 11 " I U 11 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 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 AYES: Alphin, Darden, Jefferson, Casteen and Bailey 01 gL4jj&k4j ODIN tj IkkJUG&T ,Lfj§ At 6:00 p.m., Supervisor Casteen delivered the invocation and the Pledge of Allegiance to the Flag was conducted. Supervisor Jefferson moved that the agenda be approved as presented. Tile motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. =13an1. Supervisor Darden moved that the following Consent Agenda be adopted: A. Resolution - Port of Virginia Grant for Tyler's Beach B. April 13, 2015 Continued Work Session Meeting Minutes C. April 16, 2015 Regular Meeting Minutes D. May 1, 2015 Special Budget Meeting Minutes E. May 21, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. 2 Supervisor Darden distributed a pamphlet provided at the most recent meeting of the Hampton Roads Planning District Commission entitled Little Big Book of Big Data which illustrates how Isle of Wight County compares to other localities in the region. Supervisor Darden reported on the topics discussed at the most recent meeting of the Hampton Roads Transportation Planning Organization which included the 1-64 widening project, Third -Crossing Study, the Commonwealth Transportation Board's Six -Year Plan which emphasizes light rail and public transportation; 2040 sea rise level; and, how future roads will be funded under House Bill 2. Supervisor Jefferson advised that Chairman Alphin has been appointed the Chairman of the Western Tidewater Regional Jail Board. He further reported the Jail is currently at 60% of its bed capacity and has spent approximately 88% of its allocated budget to date. He stated the Jail continues to be well maintained and managed and the County utilizes Jail inmates for a total of 528 hours and he encouraged continued utilization of inmates for other projects in the County. He advised that the Authority continues to procure all energy performance contract and Jail staff received a 2% pay increase and seven new Jail positions were funded by the State Compensation Board. APPOINTMENTS Supervisor Jefferson moved that Timmy Edwards be recommended to the Circuit Court Judge representing the Hardy District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Director of Parks and Recreation, presented a Resolution Designating July as Park and Recreation Month for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: Designation of July as Park and Recreation Month WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the County of Isle of Wight, Virginia; and, WHEREAS, parks and recreation programs are vitally important to establishing and maintaining the quality of life in our communities, ensuring I the health of all citizens, and contributing to the economic and environmental well-being of the community and region; and, WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and, WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and, WHEREAS, parks and recreation areas are fundamental to the environmental well-being of the community; and, WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and, WHEREAS, parks and natural recreation areas ensure the ecological beauty of the community and provide a place for children and adults to connect with nature and recreate outdoors; and, WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and, WHEREAS, Isle of Wight County Parks and Recreation will be hosting events to celebrate Parks and Recreation Month in Isle of Wight, such as Movies in the Park at Nike Park and Family Bingo at the Otelia J. Rainey Community Center; and, WHEREAS, the Isle of Wight County recognizes the benefits derived from parks and recreation resources. NOW THEREFORE, BE IT RESOLVED BY the Isle of Wight County Board of Supervisors that July is recognized as Park and Recreation Month in the County of Isle of Wight. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, introduced Lanna DeVites, Kathy Ross and Connie Carter, Section 8 Program staff, who were recognized for their efforts in closing Out the lu administration portion of the Isle of Wight Section 8 Program in a professional and efficient manner. County Administrator Seward introduced Tom Elder, the County's newly hired Director of Economic Development, who provided an overview of tile information contained in the County's 2014 Economic Development Activity Report. Mr. Elder introduced Blount Hunter, H. Blount Hunter Retail and Real Estate Research, summarized the findings identified in the Newport Development Service District Retail analysis dated June 5, 2015. CITIZENS' COMMENTS Albert Burckhardt notified the Board that he had recently been offended by comments aimed at him by Planning Commissioners following his comments on the ISLE2040 Plan. He asked the Board to speak with their individual appointees regarding the way in which he was treated. Mayor Rita Richardson, Town of Windsor, advised that VDOT has been incurring numerous problems as it continues its study of the proposed Route 460 realignment. She stated that the cost of the proposed road is increasing as VDOT finds Solutions to its problems and, as a result, the project cost could end up far exceeding the benefit. She distributed a copy of a resolution adopted by the Windsor Town Council in March, 2015 opposing the northern bypass and requested the Board to consider reversing its resolution of Support. Brenda Peters of Five Forks Road in Windsor relayed her opposition to the proposed Route 460 realignment project and requested the Board to rescind its previously adopted resolution. She specifically cited her opposition to the proposed northern bypass route around the Town of Windsor. William Johnson of Windsor spoke in opposition to the proposed northern bypass around the Town of Windsor. He recommended that the Board rescind its earlier motion in favor of the northern project route. Billy Gwaltney of Windsor requested the Board to reconsider its previous position on the Route 460 project. Dick Holland of Windsor requested the Board to reconsider its position on the proposed Route 460 realignment project. He acknowledged Supervisors Bailey and Casteen for their years of service on the Board and to the community. Herb DeGroft of Mill Swamp Road asked Supervisors Bailey and Casteen to resign from serving on the Western Tidewater Water Authority Board and 9 begin negotiations for a less onerous water payment schedule on the Norfolk water agreement. Shelly Perry spoke against the ISLE2040 Plan. Joe Eldenfield, Vice President of Administration and Technology, Paul D. Camp Community College, formally introduced Bill Akin, the College's new President. Betsey Egan, a resident of Smithfield, noted a discrepancy in the numbers used to calculate the historic rate in the proposed ISLE2040 Plan. She spoke in support of the Facility Use Agreement signed by most of the County's volunteer fire and rescue organizations and she stated that the Route 460 realignment project being proposed by VDOT is not logical Responding to comments offered earlier under Citizens Comments by Albert Burckhardt, Supervisor Darden stated that some of the past comments made by him and other citizens about the County Administrator and staff have been malicious, unprofessional and disrespectful. She added if Mr. Burckhardt wishes to be treated with respect, he must give it in return. The Board took a five -minutes recess. Chairman Alphin called for a public hearing on the following: A. Conditional Use Permit for Eagle Harbor LLC to Allow for Operation of a Convenience Store and Gasoline Station at 13511 Carrollton Boulevard. Trenton Blow, Planner, provided an overview of the application's background. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. Dean Vincent of Gatling Pointe Parkway stated that the proposed site has been Studied for this type Of use for many years; the lighting to be used on this site meets the dark sky initiative; the site has a signal and good access; the 50 -foot setback with respect to the right-of-way to the drive isles provides an opportunity to landscape; and, he requested the Board approve the request for a Conditional Use Permit. Albert Burckard, representing the Carrollton Civic League, advised that the League voted to welcome 7 -Eleven into the Carrollton area. R Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Conditional Use Permit be approved as approved by the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. An Exception to the Chesapeake Bay Preservation Area Ordinance, Appendix B. of the Isle of Wight County Code, to Allow for Construction of a 14 -Foot Wide Pedestrian/Bicycling Path on Nike Park Road. Beverly H. Walkup, Director of Planning and Zoning, presented the exception request with respect to its purpose; its primary funding source; the five criteria which must be met to qualify for an exception under the Chesapeake Bay Preservation Area Ordinance. She identified the project strengths and weaknesses and concluded with the Planning Commission's recommendation that the request be approved, as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the exception. Garrett Edwards of Nike Park Road expressed a concern that his father was not contacted in the past by a County representative regarding the development of such a bike path on his family's 100 year-old farm in Nike Park. He stated rather than using imminent domain, the bike path trail could easily be moved across the roadway to a site that wants to build homes. He stated his and other families along this route are not being taken into consideration as there are other options that could be taken to get the bike path there. He stated he could support the bike path if he was convinced that in 20 years from now there would be a four -lane road at that site. He stated that his family is at the County's mercy and he asked the Board not to approve the bike trail and take his family's land. Albert Burckard of the Newport District stated the County is asking permission to violate the Chesapeake Bay Preservation Area Ordinance and he asked the Board to consider how it will be viewed by the public if the Board votes unanimously to approve this request and how Such action could set a precedent. He asked the Board to give consideration to voting (3-2), the two descending votes, signaling that the Board is not against the Chesapeake Bay. Bill Hertford of Waterfront Lane requested clarification whether the bike path Would cross the creek and, if so, what is the proposed bridge height. h Cindy Taylor, Planning Commission member, provided background information on the Chesapeake Bay Preservation Area regulations and submitted that this exception request represents exactly the type of request that was envisioned by the first Chesapeake Bay Local Assistance Board was developing its regulations. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey commented that he is not in favor of building this bike path; however, if built, it should be built on the other side of the roadway and not on the proposed 500 acres of waterfront property. He stated the Edwards are prominent citizens who have contributed to the community all of their lives. Responsive to Chairman Alphin, Jamie Oliver, Transportation Planner, advised that the bridge will be at least an average of three feet higher than the existing vehicular bridge clearance up to 12 feet where it crosses the wetlands and will improve boat traffic. Chairman Alphin requested Ms. Oliver to address the stated concern that if this road is widened and the path demolished making it of no use at that time. Ms. Oliver advised that plans for the widening of the road do include the incorporation of a inulti-use path to the roadside and it would be her belief that the path will either be in existence or would be refreshed as that project moves forward. Supervisor Casteen moved that the exception be granted. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Darden, Jefferson and Casteen voting in favor of the motion and Supervisor Bailey voting against the motion. Chairman Alphin called for a public hearing on the following: C. Ordinance — Renewal of the Longview Agricultural District and Amendment and Reenactment of Appendix D of the County Code County Attorney Popovich recommended favorable consideration of the renewal which is required by the Code of Virginia to be renewed ever ten years and will expire on June 21, 2015. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. John Butler of Woodland Drive in Windsor appeared and spoke in favor of the renewal as it preserves green land in the County. 9 Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the renewal of the Longview agricultural district for an additional 10 year period be approved and that the Chairman be authorized to execute the revised ordinance as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and 110 Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: D. Resolution of the Board of Supervisors of Isle of Wight County Virginia, Authorizing the Conveyance of Real Property to VDOT County Attorney Popovich presented a request from VDOT for the approval of a Quick Claim Deed in order to correct a discrepancy in recorded documents in the Circuit Court Clerk's Office and complete the conveyance of underlying land to VDOT. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Resolution be adopted and that the Chairman be authorized to execute any and all dOCLIments necessary to effectuate the conveyance of the necessary right-of-way: In ET6190 ta M&UM Igo U&N I EEO ON FAIN 1101=1 ta NOR I RON ------- WHEREAS, the Virginia Department of Transportation ("VDOT") has requested the conveyance of certain real property in fee simple in order to correct inaccuracies that have been found in the original conveyance of right- of-way along Route 621 as part of VDOT's road improvement efforts thereon; and, WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is advisable to correct said inaccuracies by quitclaim deed to VDOT of that certain portion of land in fee simple owned by the Isle Of Wight County Board of Supervisors along Route 621, commonly referred to as Mill Swamp Road, for VDOT's use in providing an improved roadway thereon; and, IN WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is in the best interests of the residents of Isle of Wight County to grant to VDOT the requested real property and rights. NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County Board of Supervisors that it has carefully and diligently investigated and considered the need and desirability for the requested property and rights and public road improvements requested by VDOT and found that it is in the best interest of the residents of Isle of Wight County, Virginia and in Support thereof, the Isle of Wight County of Supervisors does hereby approves the request of VDOT; and, NOW, THEREFORE, BE IT FURTHER RESOLVED that the Chairman of Isle of Wight County Board of Supervisors is hereby authorized to execute all documents necessary to effectuate this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Land Use Division for the Virginia Department of Transportation. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: E. Amend and Reenact Chapter 10 — Licenses, Article 11, License Tax Schedule, Sections 10-20, 10-27, 10-32 of the County Code County Attorney Popovich presented an amendment in order to clarify the intended purpose of seting a dollar limit of $49,999 versus how it is currently written at $49,499. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT CHAPTER 10, LICENSE34 ARTICLE 11. LICENSE TAX SCHEDULE, SECTIONS 10-20, 10-27, AND 11 32 OF THE ISLE OF WIGHT COUNTY CODE WHEREAS, the Board Of Supervisors adopted an ordinance to amend and reenact Chapter 10, Licenses, Article 11. License Tax Schedule, Sections 10-15, 10-20, a 10-26, and 10-27, and 10-32 as part of the adopted Fiscal Year 2015-2016 Operating & Capital Budget; and, WHEREAS, the threshold for gross receipts in Sections 10-20, 10-27, and 10-32 require amendments to ensure consistency with the other sections of Chapter 10. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight County that Chapter 10, Licenses, Article 11. License Tax Schedule, Sections 10-20, 10-27, and 10-32 of the Isle of Wight County Code are amended and reenacted as follows: Chapter 10. — Licenses, Article 11. — License Tax Schedule Division 3 — Retail Sales. See. 10-20. - Amount of tax. The license tax on each retail merchant or other person engaged in retail sales shall be either fifty dollars when gross receipts are between four thousand dollars and forty nine fet*- thousand nine hundred ninety nine dollars or twenty cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (Ord. No. 2010-14-C, 9-23-10; 5-1-15; 6-18- 15.) Division 6. - Financial, Real Estate and Professional Services. Sec, 10-27. - Amount of tax. The license tax on each person engaged in financial, real estate or professional services shall be either fifty dollars when gross receipts are between four thousand dollars and forty nine faLff thousand nine hundred ninety nine dollars or Fifty eight cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (4-21-88, § 56; 12-19-96; 5-1-15; 6-18-15.) Division 7. - Repair, Personal, Business and Other Services. Sec. 10-32. - Amount of tax. The license tax on each person engaged in any repair, personal or business service or any other business, occupation or service not taxes taxed Under any other division of this chapter shall be either fifty dollars when said gross receipts are between four thousand dollars and forty nine fE� thousand nine hundred ninety nine dollars or thirty-six cents per one hundred dollars of gross receipts when said gross receipts are fifty thousand dollars or more, whichever is greater. (4-21-88, § 66; 12-19-96; 5-1-15; 6-18-15) BE IT FURTHER ORDAINED that the aforementioned tax rates shall be effective July 1, 2015. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: F. Code Corrections to Animals and Fowl, Amendment and Reenactment of Chapter 3 of the County Code County Attorney Popovich presented a complete rewrite of Chapter 3 of the County Code which was amended in order to comply with the provisions of the Code of Virginia. He advised that at the request of the County's Animal Control Officer, he has incorporated a revision pertaining to running at large livestock which sets property line boundaries as the fence line and allows for a penalty to be fined for owners who continually allow their livestock to run at large beyond the limits of their property line. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden expressed a concern that the proposed language, as written, may not allow a responding officer sufficient leeway regarding the issuance of a ticket for a first offense. Chief Animal Control Officer Wilson advised that as currently written, the Ordinance does not provide Animal Control Officers any strength to prosecute repeat offenders and there are repeat offenders who his Department has attempted to work with, but not received voluntary compliance from. He added the provision also includes fowl and protects both the public and animals from entering the roadway and being hit by vehicles and associated liabilities. He advised that the Animal Control Officer investigating the circumstance has the same discretion as a Deputy with regard to whether or not a ticket is issued or a warning is appropriate in a given circumstance. Chairman Alphin moved that the Ordinance be adopted. Supervisor Darden expressed concern that her animals getting loose Would be against the law and livestock owners could be taken to Court as there is no exception in the law. Chairman Alphin withdrew his motion. A Following advisement by County Attorney Popovich that any Ordinance can be revised at any time depending on the desire of the governing body. He stated if adopted in its current language and later issues arise concerning how the Ordinance is or is not being applied, the matter can be revisited at that time. Chief Animal Control Officer Wilson advised that the inclusion of language relating to a first or second offense does not provide his Officers with discretion. He stated there may be a reason that a first or second offense should be given discretion, but if the Code of Virginia is written for just two chances of discretion, then the Officer may have to issue a summons. Supervisor Casteen commented that including a first or second offense may actually impair the discretion of the Officer to make a third discretion and he moved that the Ordinance be adopted. Supervisor Jefferson agreed that the Ordinance should contain language giving the Officer leeway on whether to issue a summons. Following discussion by the Board regarding postponing action on the Ordinance at this time so that the County Attorney can develop appropriate language to address the concerns expressed by the Board, Chief Animal Control Officer Wilson recommended that Section 3-19.1) be extracted and the remaining sections of the Ordinance be adopted. Supervisor 6asteen moved that the Ordinance be adopted, then revised his motion following a recommendation from Animal Control Officer Wilson to adopt the following Ordinance with the extraction of Section 3-19.1): T -M AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGII COUNTY CODE BY AMENDING AND REENACTING CHAPTER ANIMALS AND FO WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to update its local ordinance related to animals and fowl to conform to those provisions set forth in the Code of Virginia (1950, as amended); NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl be amended and reenacted as follows: CHAPTER 3. - ANIMALS AND FOWL.* *Prior ordinance history: Ords. dated 2-16-84, 6-6-85, 7-2-87, 3-17-88, 6-16- 88, 9-21-89, 4-5-90, 2-17-94, 7-15-99 and 12-16-99. Article I. - In General. See. 3-1. - Definitions. 13 The following words as used in this chapter shall have the following meanings: AbandonATo 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 3-8, for a period of five (5) consecutive days. Adequate care or careAThe 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 confinementAThat, 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 3-24, 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 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. 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.\Access to and the provision of food that 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 anirnal; is provided in a clean and sanitary manner; is placed so as to minimize contarnination by excrement and pests; and is provided at suitable intervals for the species, age, and 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. Adequate shelterAProvision 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, UM 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.\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. Adequate water.\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 appropriate for the weather and temperature, but at least once every twelve (12) 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. Adoption.\The transfer of ownership of a dog or cat, or any other companion animal, from a releasing agency to an individual. Agricultural animals.\All livestock and poultry. C) Ambient ternperature.\The temperature surrounding the animal. Animal.\Any nonhuman vertebrate species except fish. For the purposes of Section 3-25, "animal" means any species susceptible to rabies. For the Purposes of Section 3-29, "animal" means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. Animal control officer.\A person appointed as an animal control officer or deputy animal control officer as provided in Section 3-2. IL" Animal shelterAA 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. Boarding establishmentAA place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. CollarAA well -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. Commercial dog breeder.\Any person who, during any 12 -month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. Companion anirnalAAny 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 bought, 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. ConsumerAAny 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 in sales or services. DealerAAny 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 cornmon carrier; or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals. Direct and immediate threatAAny clear and imminent danger to an animal's health, safety, or life. DurnpATo 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. 16 Emergency veterinary treatment.\Veteri nary treatment to stabilize a life- threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. Enclosure.\A structure used to house or restrict animals from running at large. Euthanasia.\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.\Any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture. Facility.\A building or portion thereof as designated by the State Veterinarian, 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.\A person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization. Foster home.\A private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other other animal welfare organization care or rehabilitation is provided for companion animals. Groomer.\Any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal. Home-based rescue.\An animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes. HLImane,\Any action taken in consideration of and with the intent to provide for the animal's health and well-being. Humane investigator.\A person who has been appointed by a circuit court as a humane investigator as provided in Section 3.2-6558 of the Code of Virginia (1950, as amended). Humane society.\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. 17 Hybrid canineAAny animal that is or can be demonstrated to be a hybrid of the domestic dog and other species of the Canidae family; that at any time has been permitted, registered, licensed, or advertised as such by its owner to a licensed veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the Department of Health or State Veterinarian's representative. KennelAAny establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. Law-enforcement officerAAny person who is a full-time or part-time employee of a police department or sheriffs office that is part of or administered by the 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 sheriffs office. LivestockAncludes 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 3.2-2600 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 for food or fiber, except companion animals. New ownerAAn individual who is legally competent to enter into a binding agreement and who adopts or receives a dog or cat from a releasing agency or pet shop. Other officerAIncludes 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 mal, -,e arrests, or to enforce the law. OwnerAAny 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. PersonAAny individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. Pet shopAAn establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. PoultryAncludes all domestic fowl and game birds raised in captivity. Primary enclosure.\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. Private animal shelter.\A facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including 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. Properly cleaned.\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. Properly lighted.\When referring to a facility, means sufficient illumination to permit routine inspections, maintenance, cleaning, and 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. Public animal shelter.\A facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. Releasing agency.\A public animal shelter or a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or horne-based rescue, that releases companion animals for adoption. Research facility.\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. 19 Responsible ownershipAThe ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety. Sanitize.\To make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. SoreAWhen 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 veterinarianAThe veterinarian employed by the Commissioner of Agriculture and Consumer Services as provided in Section 3.2-5901 of the Code of Virginia (1950, as amended). State veterinarian's representative.\An employee of the Department of Agriculture and Consumer Services who is under the direction of the state veterinarian. Sterilize or sterilizationAA Surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. TreaS Lire rAI ncl udes the treasurer and his or her assistants of Isle of Wight County, Virginia or other officer designated by law to collect taxes in Isle of Wight County. Treatment or adequate treatmentAThe responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. Veterinary treatmentATreatment by or on the order of a duly licensed veterinarian. WeanedAAn animal that is capable of and physiologically accustomed to ingestion of solid food or food customary for the adult of the species, and has M ingested such food, without nursing, for a period of at least five (5) days. (I 1- 18-04;-----.) -18-04;------) (STATE LAW REFERENCE—Sec. 3.2-6500 of the Code of Virginia (1950, as amended).) Sec. 3-2. – Duties and authority of animal control officers. (a) By authority of the Board of Supervisors, the county shall employ an animal control officer and one (1) or more deputy animal control officers who shall have the power to enforce this entire chapter and all state laws enacted for animal control and protection. (b) 'The animal control officer and deputy animal control officers shall have a working knowledge of this chapter and of animal control and protection laws of the Commonwealth of Virginia which they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, the animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law enforcement officer as more specifically defined in Section 9.1-101 of the Code of Virginia (1950, as amended), to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the county. (c) Nothing in this section shall be construed to prevent the issuance of a warrant for any violation of this chapter based upon the complaint of any citizen or any law enforcement officer and upon a finding of probable cause by an officer authorized to issue arrest warrants generally. (d) No individual shall interfere with an animal control officer in the legal performance of his or her duties. This includes, but is not limited to, striking or attempting to strike the animal control officer; providing the animal control officer with false information; taking or attempting to take any animal from an animal control officer in the legal performance of his or her duties; taking or attempting to take any animal from any property owned or controlled by the County without proper authority or taking or damaging any county property used in conjunction with the animal control officer's duties. (e) It shall be unlawful and shall constitute a Class 2 misdemeanor for any person to make a false statement to an animal control officer while in the performance of their duties conducting an investigation. (STATE LAW REFERENCE—See. 3.2-6555 of the Code of Virginia (1950, as amended).) Sec. 3-3. - Care of animals by owner; penalty. 21 (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. The provisions of this section shall also apply to every public or private 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. (c) Violation of this section is a class 4 misdemeanor. A second or Subsequent violation of Section 3-3(a)(1), (2), (3), or (7) is a Class 2 misdemeanor and a second or subsequent violation of Section 3-3(a)(4), (5), or (6) is a Class 3 misdemeanor. (11-18-04;----.) (STATE LAW REFERENCE—Sec. 3.2-6503 of the Code of Virginia (1950, as amended).) Sec. 3-4. - 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 (24) 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 darn. Violations of this section shall be punishable as a Class I misdemeanor. (I 1-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6508 of the Code of Virginia (1950, as ainerided).) See. 3-5. - Sale, etc., of unweaned or certain immature animals prohibited; vaccinations required for dogs and cats; penalty. M (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 (2) months old in quantities of less than six (6) or any unweaned mammalian companion animal or any dog under the age of seven (7) weeks without its dam, or any cat under the age of seven (7) weeks, without its queen. Dealers may offer immature fowl, unweaned mammalian companion animals, dogs or cats Linder the age of seven (7) weeks for sale as pets or novelties with the requirement that prospective owners take possession of the animals only after fowl have reached two (2) months of age, mammalian companion animals have been weaned, and dogs and cats are at least seven (7) weeks of age. Nothing in this section shall prohibit the sale, gift, or transfer of an unweaned animal: (i) as food for other animals; (ii) with the lactating dam or queen or a lactating surrogate dam or queen that has accepted the animal; (iii) due to a concern for the health or safety of the unweaned animal; or (iv) to animal control, a public or private animal shelter, or a veterinarian. (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 (5) 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 11 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. (11- 18-04;----.) (STATE LAW REFERENCE—Sec. 3.2-6510 of the Code of Virginia (1950, as amended).) Sec. 3-6. - Failure of dealer or pet shop to provide adequate care, etc.; penalty. Any dealer or pet shop that fails to adequately house, feed, water, 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 3-22 for licensed, tagged, or tattooed animals. Such failure shall also constitute grounds for revocation of a permit or certificate of registration after public hearing, Any funds that result from such sale shall be used first to pay the costs 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 M, owner is not found, the remaining funds shall be paid into the Literary Fund of the Commonwealth of Virginia. (11-18-04;----.) (STATE LAW REFERENCE—Sec. 3.2-6511 of the Code of Virginia (1950, as amended).) Sec. 3-7. - Misrepresentation of animal's condition; penalties. 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 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. (I 1-18-04;----.) (STATE LAW REFERENCE—See. 3.2-6509 of the Code of Virginia (1950, as amended).) See. 3-8. - 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 public or private animal shelter, or other releasing agency. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6504 of the Code of Virginia (1950, as amended).) Article 11. - Doas and Cats. Division 1. - Licensing Generally. Sec. 3-9. - Pet shop/dealer. Any person operating a pet shop or operating as a dealer in companion animals shall obtain a permit. The fee for said permit shall be as set forth in Uniform Fee Schedule adopted by the Board of Supervisors, as it may be amended from time to time. 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. (I 1-18-04; 5-1-14;-----.) (STATE LAW REFERENCE—Sec. 3.2-6537 of the Code of Virginia (1950), as amended.) FIE See. 3-10. - Unlicensed dogs and cats prohibited. It shall be unlawful for any person, other than a releasing agency that has registered as such annually with animal control, to own a dog or cat four months old or older unless such dog or cat is licensed as required by the provisions of this chapter. (11-18-04;------.) (STATE LAW REFERENCE—See. 3.2-6524 of the Code of Virginia (1950, as amended).) See. 3-11. - 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 or 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 or satisfactory evidence that such certificate has been obtained. The Treasurer or other officer charged with the duty of issuing dog and cat licenses shall only have 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 or satisfactory evidence that such certificate has been obtained, 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 or female, spayed or neutered, or whether a 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 for which such license is valid. Tile 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. (I I-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6527 of the Code of Virginia (1950, as amended).) See. 3-12. - Amount of license tax. (a) The amount of the license tax for dogs and/or cats shall be as follows: (1) Spayed or neutered dog or cat (I year tag) .....$7.00; (2) Spayed or neutered dog or cat (3 year tag) .....$20.00; (3) Unspayed/neutered dog or cat (I year tag) .....$10.00; (4) Unspayed/neutered dog or cat (3 year tag) .....$30.00; (5) Kennel, for 10-19 dogs .....$35.00; (6) Kennel, 20-29 dogs .....$40.00; (7) Kennel, 30-39 dogs .....$45.00; and (8) Kennel, 40-50 dogs .....$50.00. M (b) If a license tag is lost, a duplicate tag may be issued at a cost of one dollar in accordance with Section 3-17. (c) 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 a mobility -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 other such activities of service or support. (I 1-18-04; 5-1-14;--------.) (STATE LAW REFERENCE—Sec. 3.2-6528 of the Code of Virginia (1950, as amended).) Sec. 3-13. ). - Evidence showing inoculation for rabies prerequisite to obtaining dog or cat license; rabies clinics. C, 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 taw with the duty of issuing license tags for dogs and cats at the time 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. (11-1.8-04;-----. ) (STATE LAW REFERENCE—Sec. 3.2-6526(B) of the Code of Virginia (1950, as amended).) See. 3-14, - When license tax payable. (a) On January I 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 section 3-11 of this chapter. (b) If a dog or cat becomes four months of age or comes into the possession of any person between January I and November I of any year, the I icense 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. (11-18- 04.) I1-18- 04.) Sec. 3-15. - Effect of dog or cat not wearing collar as evidence. M 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 Linder 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, shal I be on the owner of the dog or cat. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6533 of the Code of Virginia (1950, as amended).) Sec. 3-16. - What a dog or cat license shall consist of. A dog or cat license shall consist of a license receipt and a metal 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 bear a serial number. The tag may be stamped or otherwise marked to show the sex of the dog or cat. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6526(A) of the Code of Virginia (1950, as amended).) Sec. 3-17. - Duplicate license tags. 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 been lost, destroyed or stolen, lie 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. (11 -18 -04; -- (STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950, as amended).) Sec. 3-18. - Displaying receipts; dogs 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 control officer 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 for the owner to permit any licensed dog four (4) months old or older to run or 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 27 collar; (iv) the dog is confined; or (v) the dog is under the immediate control of its owner. (11-18-04;-----.) (STATE LAW REFERENCE—Sec. 3.2-6532 of the Code of Virginia (1950, as amended).) Division 2. - Running at Large Generally. See. 3-19. - Running at large prohibited within certain zoned areas; "at large" defined; responsibility of owners or custodians. (a) 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. (b) 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 designated mobile home parks and/or trailer parks in Rural Agricultural Conservation Districts nor in the 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. (c) 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, (11-18-04;------.) (STATE LAW REFERENCE—Sec. 3.2-6538 and Sec. 55-310 et seq. of the Code of Virginia (1950, as amended).) Sec. 3-20. - Female dogs or cats in season. It shall be unlawful for the owner of any female dog or cat to permit such dog or cat to stray frorn his premises while such dog or cat is known to such owner to be in season. (11-18-04.) (STATE LAW REFERENCE—Sec. 3.2-6543 of the Code of Virginia (1950, as amended).) Division 3. - Impoundment and Disposition. Sec. 3-21. - Duty to impound; animal reclaimable with proof of ownership and fee payment. M Any dog or cat found running at large shall be apprehended and placed in the public animal shelter 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 set forth in the Uniform Fee Schedule adopted by the Board of Supervisors of Isle of Wight County, Virginia, as it may be amended from time to time. (11-18-04;-_____-) (STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950, as amended).) See. 3-22. - Confinement and disposition of animals. (a) Any animal which has been confined in the public animal shelter pursuant to this section shall be kept for a period not less than five (5) days, such period to 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 (5) 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 public animal shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next forty- eight (48) hours following its confinement. If any corripanion animal confined pursuant to this section is claimed by its rightful owner, such owner will be charged an impound/pickup and a kennel fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. 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 confined 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 public animal shelter. Such animal may be euthanized in accordance with the methods approved by the State Veterinarian or disposed of by the methods set forth in subsections (1) through (5) below. No shelterd shall release more than two (2) animals or a family of animals during any 30 -day period to any one person under subsections (2), (3), or (4). (1) Release to any humane society, public or private animal shelter, or other releasing agency within the Commonwealth, provided that each Me humane society, public or private 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 adoption fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, on such animal, agrees to have the animal sterilized in accordance with the provisions of Section 3.2-6574 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; (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 3.2-6574 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 public animals shelter may require that the sterilization be done at the expense of the person adopting the animal; or (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 the provisions of Section 3.2-6557 of the Code of Virginia (1950, as amended); (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the public or private 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 provisions of this chapter. (d) For purposes of recordkeeping, release of an animal by a private animal shelter to a public or private animal shelter or other releasing agency shall be NEI 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 public animal shelter. For the purposes of this section, the term "animal" shall not include agriculture animals. (11-18-04; 5-1-14;----.) (STATE LAW REFERENCE—See. 3.2-6546 of the Code of Virginia (1950, as amended).) Sec. 3-23. - Adoption 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 such person agrees to retain the dog for at least twenty-one (21) days, putting a collar and name tag on the dog immediately; provided, further, that during the twenty-one 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 public animal shelter for a full refund; provided, further, that during the twenty -one -day trial period, such person agrees to be fully and 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 (1) 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 public animal shelter but, after tile initial days, will not be entitled to any refund for money paid to the county. (11-18-04;-----.) Division 4. - Dangerous or Vicious Dogs. See. 3-24. - 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 arthrial that is a dog or cat, or killed a companion animal that is a dog or cat. When a dog attacks or bites a companion animal that is a dog or cat, 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 dog or cat as a result of the attack or bite; (ii) both animals are owned by the same person; (iii) if such attack occurs on the property of the attacking 31 or biting dog's owner or custodian; or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on a dog or cat 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; or (iii) continued to exhibit the behavior that 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 the county is a dangerous or vicious dog shall apply to a magistrate serving the county for the issuance of a summons requiring the owner or Custodian, if known, to appear before the General District Court in Isle of Wight County. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. 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 division. Further, if the court, upon finding the animal to be a dangerous dog, may order the owner to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal and may, at the court's discretion, also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. 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 3.2-6562 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 32 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 or 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 or vicious dog. (d) The owner of any animal found to be a dangerous dog shall, within forty-five (45) days Of Such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, 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 eighteen 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 one hundred thousand dollars, 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 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 continue to be posted with clearly visible signs warning both 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 rn 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. M (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 address. (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 I misdemeanor. 0) 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 division, shall be paid into a special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of any animal control officer training required under Section 3.2-6556 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 chapter. If the 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. (11-18-04; 5-1-14.) (STATE LAW REFERENCE—Sec. 3.2-6540 and 3.2-6540.1 of the Code of Virginia (1950, as amended).) Division 5. - Rabies Control Generally. Sec. 3-25. - Declaration of rabies emergencies; disposition of animals suspected as rabid. (a) When there is sufficient reason to believe that the risk of exposure to rabies is elevated, the Board of Supervisors may enact 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 a rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed thirty (30) 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 M111 at large of dogs and cats which have not been inoculated or vaccinated against rabies and to provide penalties for the violation thereof. (b) Dogs or cats showing active signs of rabies or suspected of having rabies that is not known to have exposed a person, companion animal, or livestock to 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 3.2-6562 of the Code of Virginia (1950, as amended). (c) Every person having knowledge of the existence of an animal that is Suspected to be rabid and that may have exposed a person, companion animal, or livestock to 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. (d) Any dog or cat, for which no proof of Current rabies vaccination is available, and that may have been 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 suspected to be rabid, shall be isolated in a public animal shelter, kennel or enclosure approved by the health department for a period not to exceed six (6) months at the expense of the owner or custodian in a manner and by a date certain as determined by the local health director; 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 3.2-6562 of the Code of Virginia (1950, as amended). A rabies vaccination shall be administered prior to release. Inactivated rabies vaccine may be administered at the beginning of isolation. 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 current vaccination, shall be revaccinated by a licensed veterinarian immediately following the exposure and shall be confined to the premises of the owner or custodian, or other site as may be approved by the local health department at the expense of the owner or custodian, for a period of forty-five (45) days. (e) At the discretion of the director of the local health department, any animal that may have exposed a person shall be confined under competent observation for ten (10) days at the expense of the owner or custodian, unless the animal develops active symptoms of rabies, expires, or is euthanized before that time. A seriously injured or sick animal may be euthanized as provided in Section 3.2-6562 of the Code of Virginia (1950, as amended). (f) When any suspected 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, decisions regarding the disposition of that animal shall be at the discretion of the local health director and may include euthanasia as provided in Section IM 3.2-6562 of the Code of Virginia (1950, as amended) or as directed by the state agency with jurisdiction over that species. (g) When any animal, other than a dog or cat, is exposed or may have been 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 Suspected to be rabid, decisions regarding the disposition of that newly exposed animal shall be at the discretion of a local health director. (I 1-18-04;-_----.) (STATE LAW REFERENCE—Sec. 3.2-6522 of the Code of Virginia (1950, as amended).) Division 6 – Feral Cat Colonies Sec. 3-26. - Unlawful care of feral cats; exception. (a) For purposes of this article, the following terms shall have the following meanings: (1) The acronym "ACO" shall mean the Isle of Wight Animal Control Officer or a designee. (2) The term "caregiver" shall mean a resident of Isle of Wight County, Virginia who has been designated as a feral cat caregiver by the ACO Pursuant to the provisions of this article, and who accepts responsibility for expenses associated with providing care to feral cats. (3) The term "cat" shall mean a feline over the age of sixteen weeks. (4) The term "feral cat" shall mean any cat that is not or has never been owned by a person, or was formerly owned and has been abandoned. (5) The term "feral cat colony" shall mean a group of feral cats who generally live outdoors and have little or no human contact. (6) The term "kitten" shall mean a feline sixteen weeks of age or under. (b) Except as provided in this article, it shall be unlawful for any person to maintain a feral cat colony by providing food, water, or other forms of Sustenance and care, unless such person is a resident of Isle of Wight County, Virginia, and has been designated as, and is currently appointed, a caregiver by the ACO. (c) County residents desiring to provide food, water and other forms of sustenance and care to feral cats in Isle of Wight County, Virginia, shall annually apply to the ACO to be designated as a caregiver, and every person so designated shall comply with the provisions of this article throughout their term of appointment. There shall be a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, associated with applying for this designation, per feral cat colony, which shall be due and payable annually. (d) Every caregiver shall comply with the following conditions with respect to feral cats or feral cat colonies for which they are a designated caregiver: M (1) Provide (i) written permission from the property owner on whose property the feral cat colony will be located or cared for; (ii) evidence of reasonable efforts made to obtain the support for the feral cat colony from all adjacent property owners; and (iii) a good faith estimate of the ]lumber of feral cats and kittens residing in the colony at the time a caregiver's designation is applied for. (2) Assume personal responsibility and make arrangements for feeding and providing emergency veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis throughout the year, including weekends, holidays, and at such times as the caregiver is unable, for any reason, to provide such care. (3) Provide regular and frequent trapping of not less than two times per month, through the use of humane box traps of feral cats and kittens over the age of eight weeks who have not been spayed or neutered, vaccinated, and marked as provided herein. The trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended, but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper and implanted with a micro chip for identification purposes. (4) Make every attempt to remove kittens from the colony between the age of eight weeks and sixteen weeks for domestication and placement with a person who is willing to be the owner of same. (5) If possible, have all trapped feral cats and kittens tested for feline leukemia and feline immunodeficiency virus; and to have those which test positive for same humanely euthanized or assure that any feral cat or kitten known to have an infectious disease is not released to the outdoors. (6) Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical procedures and sustenance provided to feral cats Linder their care, and upon request, to provide such documentation to the ACO. (7) Authorize veterinarians attending to feral cats or kittens Linder their care to release copies of all medical records with regard to such feral cats to the ACO. (8) Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather conditions, and maintain the surrounding area free and clear of garbage, trash and debris. (9) Notify the ACO of the introduction of any new cats to the feral cat colony. (10) Ensure that a feral cat colony for which a person has been designated a caregiver does not exceed twenty cats unless reasonably authorized by the ACO, giving consideration to the size, shape, locations and ability to maintain the feral cat colony on the property. (e) In the event a caregiver is found by the ACO to have violated any provision of this article, or failed to comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify their violation, or terminate their designation as a caregiver, depending on the severity of the violation. If abatement of the violation is appropriate, the caregiver shall be 37 issued a notice of noncompliance specifying that the caregiver has forty-eight hours within which to provide a written response to the ACO specifying the steps to be taken by the caregiver to come into compliance with the provisions of this article within a thirty -day period. The ACO may grant one thirty -day extension if the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be achieved within the thirty -day extension period. The caregiver shall make an action report to the ACO at the end of each thirty -day period or when compliance is achieved, whichever occurs first. If the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver designation, a notice of such termination shall be provided to that person. (t) If compliance with the provisions of this article are not achieved as provided in subsection (d) of this article, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of termination to be either personally delivered to the caregiver or mailed to the caregiver by certified mail, return receipt requested, at the address provided by the caregiver on their current application for such designation. Compliance with this subsection by personal delivery shall be effective upon delivery; compliance with this subsection by mailing shall be effective on the day first delivered to the recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the county administrator's office by such person by providing notice of the appeal in writing stating the basis for the appeal within ten calendar days of delivery of the notice of termination as required in this subsection. (g) For purposes of this article, and except as providing in this section, a person who has been designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which they are providing care. (h) The provisions of this section do not grant to caregivers any authority to enter upon the property of others without the property owner's permission. (i) In the event the ACO becomes aware, either through a compliant or personal observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or feral cat colony has a caregiver who will comply with this section. If, after making such an attempt, no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take all necessary action to obtain permission from the property owner(s) to enter upon the property to capture and remove the feral cats, and to dispose of the captured cats in accordance with the provisions of this chapter for the disposal of impounded animals. 0) Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the county, (k) Any person who violates subsection (b) of this section shall be subject to a civil penalty not to exceed one hundred fifty dollars. (11-5-08; 5-1-14.) M (STATE LAW REFERENCE—See Code of Va., § 3.2-6543.) Article 111. - Nuisance Animals and Hybrid Canines. Sec. 3-27. - 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 SUITU-noried 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 confined, destroyed, removed or the nuisance otherwise be abated as such court shall order; the court may also impose a fine up to one hundred dollars 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 control officer 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. (11-18-04;-----.) Sec. 3-28. - Hybrid canine permit. (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: we (1) The number of hybrid canines that will be confined on the subject property which in no case shall exceed two hybrid canines; (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 of this chapter; (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. (c) The owner applying for a hybrid canine permit shall submit an annual permit fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, 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 hybrid canine; and (6) An executed consent form authorizing the animal control officer or designee to inspect the premises where the 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 I 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 3.2-6562 of the Code of Virginia (1950, as amended). (11-18-04; 5-1-14;-------.) (STATE LAW REFERENCE—Sec. 3.2-6582 of the Code of Virginia (1950, as amended).) Article IV. – Cruelty to Animals Sec. 3-29. – Cruelty to animals; penalty. (a) Any person who: (i) overrides, overdrives, overloads, tortures, ill- treats, abandons, willfully inflicts inhumane injury or pain not connected go] with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills an animal, whether belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client -patient relationship and solely for therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) carries or causes to be carried by any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of the above things, or being the owner of such animal permits such acts to be done by another is guilty of a Class I misdemeanor. (b) Nothing in this Article shall be construed to prohibit the dehorning of cattle conducted in a reasonable and customary manner. (c) This Article shall not prohibit authorized wildlife management activities or hunting, fishing, trapping, or farming activities as regulated Linder the Code of Virginia (1950, as amended). The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Mary Beth Johnson, Director of Human Resources, addressed the Board regarding the County's Compensation Classification Study; its purpose and associated background challenges. Nancy Berkley, Manager, Evergreen Solutions, presented the preliminary results of the County's Compensation and Classification Study. Chairman Alphin moved that the study recommendations be referred to staff to review and provide recommendations to the Board's Personnel Committee for implementation feasibility. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Judy H. Winslow, Director of Tourism, briefed the Board relative to the Marketing Committee's development of a "Voices from the Isle" video on the County's existing website designed to communicate to the public complex issues being faced by the County. In addition to the informational items contained under the County Administrator's report in the agenda, Ms. Seward announced that the County underwent a successful bond refunding sale which produced a savings of $2 41 million dollars. She recognized the County's 40% increase over the prior year in United Way contributions. Jeff Terwilliger, Chief of Emergency Management, addressed the Board regarding the issue of an unsigned Facility Use Agreement between the County and the Carrollton and Windsor Volunteer Fire Departments and he was encouraged to continue with attempts to secure such a signed agreement with those volunteer organizations. It was noted that any monies allocated this fiscal year must be returned to the General Fund if not expended. N.L.W.I.E.U.SI.N.E.5 S., Supervisor Darden referenced a recent article in the Smithfield Times regarding the Town of Smithfield targeting 2,221 acres, mostly located in the Newport District, with plans to build between 4,400 and 7,300 new homes on three to five -acre parcels and she requested staff to determine the financial impact to the County should the annexation occur. At 10:00 p.m., the meeting was adjourned by Chairman Alphin. Carey ills.. orm, M Rex W. Alphin, Chairman