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