2003 SESSION
ENROLLED
1 VIRGINIA ACTS OF ASSEMBLY –– CHAPTER
2 An Act to amend and reenact §§ 3.1-796.66, 3.1-796.67:2, 3.1-796.68, 3.1-796.73, 3.1-796.96,
3 3.1-796.96:2, and 3.1-796.96:5 of the Code of Virginia, to amend the Code of Virginia by adding
4 sections numbered 3.1-796.96:6 and 3.1-796.96:7, and to repeal §§ 3.1-796.96:3 and 3.1-796.96:4
5 of the Code of Virginia, relating to animal rescues.
6 [S 950]
7 Approved
8 Be it enacted by the General Assembly of Virginia:
9 1. That §§ 3.1-796.66, 3.1-796.67:2, 3.1-796.68, 3.1-796.73, 3.1-796.96, 3.1-796.96:2, and
10 3.1-796.96:5 of the Code of Virginia are amended and reenacted, and that the Code of Virginia
11 is amended by adding sections numbered 3.1-796.96:6 and 3.1-796.96:7 as follows:
12 § 3.1-796.66. Definitions.
13 The following words as used in this chapter shall have the following meanings:
14 "Abandon" means to desert, forsake, or absolutely give up an animal without having secured
15 another owner or custodian for the animal or by failing to provide the elements of basic care as set
16 forth in § 3.1-796.68 for a period of five consecutive days.
17 "Adequate care" or "care" means the responsible practice of good animal husbandry, handling,
18 production, management, confinement, feeding, watering, protection, shelter, transportation, treatment,
19 and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the
20 animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
21 "Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to
22 maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
23 "Adequate feed" means access to and the provision of food that is of sufficient quantity and
24 nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as
25 to permit ease of consumption for the age, species, condition, size and type of each animal; is
26 provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and
27 pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at
28 least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of
29 hibernation or fasting normal for the species.
30 "Adequate shelter" means provision of and access to shelter that is suitable for the species, age,
31 condition, size, and type of each animal; provides adequate space for each animal; is safe and protects
32 each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold,
33 physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each
34 animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a
35 solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to
36 lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters
37 whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under
38 the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not
39 adequate shelter.
40 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn
41 about, and make all other normal body movements in a comfortable, normal position for the animal
42 and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate
43 space" means a tether that permits the above actions and is appropriate to the age and size of the
44 animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to
45 protect the animal from injury and prevent the animal or tether from becoming entangled with other
46 objects or animals, or from extending over an object or edge that could result in the strangulation or
47 injury of the animal; and is at least three times the length of the animal, as measured from the tip of
48 its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a
49 tether to a lead line. When freedom of movement would endanger the animal, temporarily and
50 appropriately restricting movement of the animal according to professionally accepted standards for
51 the species is considered provision of adequate space.
52 "Adequate water" means provision of and access to clean, fresh, potable water of a drinkable
53 temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at
54 least once every twelve 12 hours, to maintain normal hydration for the age, species, condition, size
55 and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring
56 states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles
57 that are accessible to each animal and are placed so as to minimize contamination of the water by
58 excrement and pests or an alternative source of hydration consistent with generally accepted
59 husbandry practices.
60 "Adoption" means the transfer of ownership of a dog or a cat, or any other companion animal,
61 from a releasing agency to an individual.
62 "Agricultural animals" means all livestock and poultry.
63 "Ambient temperature" means the temperature surrounding the animal.
64 "Animal" means any nonhuman vertebrate species except fish. For the purposes of § 3.1-796.98,
65 animal means any species susceptible to rabies. For the purposes of § 3.1-796.122, animal means any
66 nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a
67 reasonable and customary manner.
68 "Animal control officer" means a person appointed as an animal control officer or deputy animal
69 control officer as provided in § 3.1-796.104.
70 "Animal shelter" means a facility, other than a private residential dwelling and its surrounding
71 grounds, that is used to house or contain animals and that is owned, operated, or maintained by a
72 nongovernmental entity including, but not limited to, a humane society, animal welfare organization,
73 society for the prevention of cruelty to animals, or any other organization operating for the purpose of
74 providing animals with sanctuary or for finding permanent adoptive homes for animals.
75 "Board" means the Board of Agriculture and Consumer Services.
76 "Boarding establishment" means a place or establishment other than a pound or animal shelter
77 where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for
78 a fee.
79 "Collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the
80 animal's neck in such a way as to prevent trauma or injury to the animal.
81 "Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate,
82 guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic
83 or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or
84 any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species,
85 or any animals regulated under federal law as research animals shall not be considered companion
86 animals for the purposes of this chapter.
87 "Companion animal rescue agency" means any person or organization that accepts more than six
88 companion animals, or three companion animals and three unweaned litters of companion animals
89 during a calendar year for the purpose of providing sanctuary or finding permanent adoptive homes
90 for companion animals and that does not maintain an animal shelter for keeping animals, but rather
91 houses the animals in a residential dwelling or uses a system of housing animals in foster homes or
92 boarding establishments.
93 "Consumer" means any natural person purchasing an animal from a dealer or pet shop or hiring
94 the services of a boarding establishment. The term "consumer" shall not include a business or
95 corporation engaged in sales or services.
96 "Dealer" means any person who in the regular course of business for compensation or profit buys,
97 sells, transfers, exchanges, or barters companion animals. The following shall not be considered
98 dealers: (i) any person who transports companion animals in the regular course of business as a
99 common carrier shall not be considered a dealer, or (ii) any person or organization whose primary
100 purpose is to find permanent adoptive homes for companion animals.
101 "Direct and immediate threat" means any clear and imminent danger to an animal's health, safety
102 or life.
103 "Dump" means to knowingly desert, forsake, or absolutely give up without having secured another
104 owner or custodian any dog, cat or other companion animal in any public place including the
105 right-of-way of any public highway, road or street or on the property of another.
106 "Emergency veterinary treatment" means veterinary treatment to stabilize a life-threatening
107 condition, alleviate suffering, prevent further disease transmission, or prevent further disease
108 progression.
109 "Enclosure" means a structure used to house or restrict animals from running at large.
110 "Euthanasia" means the humane destruction of an animal accomplished by a method that involves
111 instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced
112 by an agent that causes painless loss of consciousness, and death during such loss of consciousness.
113 "Exhibitor" means any person who has animals for or on public display, excluding an exhibitor
114 licensed by the United States Department of Agriculture.
115 "Facility" means a building, other than a private residential dwelling and its surrounding grounds,
116 that is used to contain a primary enclosure or enclosures in which animals are housed or kept.
117 "Foster care provider" means an individual who provides care or rehabilitation for companion
118 animals through an affiliation with a pound, animal shelter, or other releasing agency.
119 "Foster home" means a private residential site at which, through registration with a companion
120 animal rescue agency or animal shelter or dwelling and its surrounding grounds at which site through
121 an affiliation with a pound, animal shelter, or other releasing agency care or rehabilitation is provided
122 for companion animals.
123 "Groomer" means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or
124 treats for external parasites any animal.
125 "Housing facility" means any room, building, or area used to contain a primary enclosure or
126 enclosures.
127 "Home-based rescue" means any person or organization that accepts more than 12 companion
128 animals or more than 12 companion animals and three unweaned litters of companion animals in a
129 calendar year for the purpose of finding permanent adoptive homes for the companion animals and
130 houses the companion animals in a private residential dwelling or uses a system of housing
131 companion animals in private residential foster homes. No home-based rescue shall be operated in
132 violation of any local zoning ordinance.
133 "Humane" means any action taken in consideration of and with the intent to provide for the
134 animal's health and well-being.
135 "Humane investigator" means a person who has been appointed by a circuit court as a humane
136 investigator as provided in § 3.1-796.106.
137 "Humane society" means any chartered incorporated, nonprofit organization incorporated under the
138 laws of this Commonwealth and that is organized for the purpose purposes of preventing cruelty to
139 animals and promoting humane care and treatment or adoptions of animals.
140 "Kennel" means any establishment in which five or more canines, felines, or hybrids of either are
141 kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.
142 "Law-enforcement officer" means any person who is a full-time or part-time employee of a police
143 department or sheriff's office that is part of or administered by the Commonwealth or any political
144 subdivision thereof and who is responsible for the prevention and detection of crime and the
145 enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are
146 compensated officers who are not full-time employees as defined by the employing police department
147 or sheriff's office.
148 "Livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals;
149 porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or
150 shellfish in aquaculture facilities, as defined in § 3.1-73.6; enclosed domesticated rabbits or hares
151 raised for human food or fiber; or any other individual animal specifically raised for food or fiber,
152 except companion animals.
153 "Local ordinance" means any law, rule, regulation, or ordinance promulgated by the governing
154 body of any county, city, or town.
155 "Locality" or "local government" means a county, city, or town, as the context may require.
156 "New owner" means an individual who is legally competent to enter into a binding agreement
157 pursuant to subdivision B 2 of § 3.1-796.126:1, and who adopts or receives a dog or cat from a
158 releasing agency.
159 "Other officer" includes all other persons employed or elected by the people of Virginia, or by any
160 municipality, county, or incorporated town thereof, whose duty it is to preserve the peace, to make
161 arrests, or to enforce the law.
162 "Owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an
163 animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
164 "Person" means any individual, partnership, firm, joint-stock company, corporation, association,
165 trust, estate, or other legal entity.
166 "Pet shop" means an establishment where companion animals are bought, sold, exchanged, or
167 offered for sale or exchange to the general public.
168 "Poultry" includes all domestic fowl and game birds raised in captivity.
169 "Pound" means a facility operated by the Commonwealth, or any locality, for the purpose of
170 impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility
171 operated for the same purpose under a contract with any county, city, town, or incorporated society
172 for the prevention of cruelty to animals.
173 "Primary enclosure" means any structure used to immediately restrict an animal or animals to a
174 limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the
175 term includes the shelter and the area within reach of the tether.
176 "Properly cleaned" means that carcasses, debris, food waste and excrement are removed from the
177 primary enclosure with sufficient frequency to minimize the animals' contact with the
178 above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to
179 minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the
180 animals confined therein from being directly or indirectly sprayed with the stream of water, or directly
181 or indirectly exposed to hazardous chemicals or disinfectants.
182 "Properly lighted" when referring to a facility means sufficient illumination to permit routine
183 inspections, maintenance, cleaning, and housekeeping of the housing facility, and observation of the
184 animal animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly
185 diffused throughout the animal facilities facility; and to promote the well-being of the animals.
186 "Properly lighted" when referring to a private residential dwelling and its surrounding grounds means
187 sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the
188 companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light
189 to promote the well-being of the animals.
190 "Releasing agency" means a pound, animal shelter, humane society, animal welfare organization,
191 society for the prevention of cruelty to animals, companion animal rescue agency, or other similar
192 entity or home-based rescue, that releases a dog or cat companion animals for adoption pursuant to
193 Article 6.1 (§ 3.1-796.126:1 et seq.) of this chapter.
194 "Research facility" means any place, laboratory, or institution licensed by the U.S. Department of
195 Agriculture at which scientific tests, experiments, or investigations involving the use of living animals
196 are carried out, conducted, or attempted.
197 "Sanitize" means to make physically clean and to remove and destroy, to a practical minimum,
198 agents injurious to health.
199 "Sore" means, when referring to an equine, that an irritating or blistering agent has been applied,
200 internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that
201 has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical
202 agent that has been injected by a person into or used by a person on any limb or foot of an equine;
203 any other substance or device that has been used by a person on any limb or foot of an equine; or a
204 person has engaged in a practice involving an equine, and as a result of such application, infliction,
205 injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain
206 or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such
207 term does not include such an application, infliction, injection, use, or practice in connection with the
208 therapeutic treatment of an equine by or under the supervision of a licensed veterinarian.
209 Notwithstanding anything contained herein to the contrary, nothing shall preclude the shoeing, use of
210 pads, and use of action devices as permitted by 9 C.F.R. Part 11.2.
211 "State Veterinarian" means the veterinarian employed by the Commissioner of Agriculture and
212 Consumer Services as provided in § 3.1-723.
213 "State Veterinarian's representative" means an employee of the Department of Agriculture and
214 Consumer Services who is under the direction of the State Veterinarian.
215 "Sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed
216 veterinarian that renders a dog or cat permanently incapable of reproducing.
217 "Treasurer" includes the treasurer and his assistants of each county or city or other officer
218 designated by law to collect taxes in such county or city.
219 "Treatment" or "adequate treatment" means the responsible handling or transportation of animals in
220 the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of
221 the animal.
222 "Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.
223 "Weaned" means that an animal is capable of and physiologically accustomed to ingestion of solid
224 food or food customary for the adult of the species, and has ingested such food, without nursing, for
225 a period of at least five days.
226 § 3.1-796.67:2. State Veterinarian's power to inspect premises where animals are kept;
227 investigations and search warrants.
228 A. The State Veterinarian and each State Veterinarian's representative shall have the power to
229 conduct inspections of animal shelters, and companion animal rescue agencies; and inspect any
230 business premises where animals are housed or kept, including any boarding establishment, kennel,
231 pet shop, pound, or the business premises of any dealer, exhibitor or groomer, at any reasonable time,
232 for the purposes of determining if a violation of (i) this chapter; (ii) any other state law governing the
233 care, control or protection of animals; or (iii) any other state law governing property rights in animals
234 has occurred. The State Veterinarian shall have the authority to conduct inspections of foster homes
235 for the same purposes only with proper cause or specific request from a pound, animal shelter,
236 companion animal rescue agency, animal control officer, humane investigator, or any other law
237 enforcement officer, which shall include, but not be limited to, a violation of the provisions of this
238 chapter.
239 B. Provisions for investigation of suspected violations of this chapter and other laws pertaining to
240 animals are provided in § 3.1-796.107. Provisions for obtaining a warrant and the power of search
241 for violations of animal cruelty laws are provided in § 3.1-796.113.
242 § 3.1-796.68. Care of animals by owner; penalty.
243 A. Each owner shall provide for each of his companion animals:
244 1. Adequate feed;
245 2. Adequate water;
246 3. Adequate shelter that is properly cleaned;
247 4. Adequate space in the primary enclosure for the particular type of animal depending upon its
248 age, size, species, and weight;
249 5. Adequate exercise;
250 6. Adequate care, treatment, and transportation; and
251 7. Veterinary care when needed or to prevent suffering or disease transmission.
252 The provisions of this section shall also apply to every animal shelter, pound, companion animal
253 rescue agency, animal shelter, or other releasing agency, and every foster home care provider, dealer,
254 pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that
255 animals used as food for other animals be euthanized.
256 B. Game and wildlife species shall be cared for in accordance with regulations promulgated by the
257 Board of Game and Inland Fisheries by January 1, 1994.
258 C. Violation of this section is a Class 4 misdemeanor.
259 § 3.1-796.73. Abandonment of animal; penalty.
260 No person shall abandon or dump any animal. Violation of this section is a Class 3 misdemeanor.
261 Nothing in this section shall be construed to prohibit the release of an animal by its owner to an a
262 pound, animal shelter, pound, humane society, or companion animal rescue or other releasing agency.
263 § 3.1-796.96. County or city pounds; confinement and disposition of animals; penalties; injunctive
264 relief.
265 A. The governing body of each county or city shall maintain or cause to be maintained a pound
266 and shall require dogs running at large without the tag required by § 3.1-796.92 or in violation of an
267 ordinance passed pursuant to § 3.1-796.93 to be confined therein. Nothing in this section shall be
268 construed to prohibit confinement of other companion animals in such a pound. The governing body
269 of any county or city need not own the facility required by this section but may contract for its
270 establishment with a private group or in conjunction with one or more other local governing bodies.
271 The governing body shall require that:
272 1. The pound (i) shall be accessible to the public at reasonable hours during the week; (ii) post in
273 full view of the public and pursuant to §§ 3.1-796.96:2 and 3.1-796.96:3, contact information for all
274 animal shelters and companion animal rescue agencies that are located in the same city or county as
275 the pound or that have received animals that were found in the same city or county as the pound; (iii)
276 when contacted by a person seeking a lost animal, shall advise the person that the animal may be at
277 an animal shelter or companion animal rescue agency and shall provide the person with the contact
278 information for the animal shelters and companion animal rescue agencies that service the locality
279 where the pound is located; (iv) post the descriptions of each animal submitted to the pound by an
280 animal shelter or companion animal rescue agency, in full view of the public for a period of not less
281 than fourteen days from the time the description is received; and (v) maintain the description of each
282 animal for a period of one year and make it available to the public for inspection upon request.
283 Nothing in this section shall be construed to prohibit confinement of other companion animals in such
284 a pound.
285 2. The pound shall obtain a signed statement from each of its directors, operators, staff, or animal
286 caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or
287 abandonment, and each pound shall update such statement as changes occur;
288 3. If a person contacts the pound inquiring about a lost companion animal, the pound shall advise
289 the person if the companion animal is confined at the pound or if a companion animal of similar
290 description is confined at the pound;
291 4. The pound shall maintain a written record of the information on each companion animal
292 submitted to the pound by an animal shelter in accordance with subsection D of § 3.1-796.96:2 for a
293 period of 30 days from the date the information is received by the pound. If a person contacts the
294 pound inquiring about a lost companion animal, the pound shall check its records and make available
295 to such person any information submitted by an animal shelter or allow such person inquiring about
296 a lost animal to view the written records;
297 5. The pound shall maintain a written record of the information on each companion animal
298 submitted to the pound by a releasing agency other than a pound or animal shelter in accordance
299 with subdivision F 2 of § 3.1-796.96:5 for a period of 30 days from the date the information is
300 received by the pound. If a person contacts the pound inquiring about a lost companion animal, the
301 pound shall check its records and make available to such person any information submitted by such
302 releasing agency or allow such person inquiring about a lost companion animal to view the written
303 records; and
304 6. The pound shall maintain a written record of the information on each companion animal
305 submitted to the pound by an individual in accordance with subdivision A 2 of § 3.1-796.96:6 for a
306 period of 30 days from the date the information is received by the pound. If a person contacts the
307 pound inquiring about a lost companion animal, the pound shall check its records and make available
308 to such person any information submitted by the individual or allow such person inquiring about a
309 lost companion animal to view the written records.
310 B. An animal confined pursuant to this section shall be kept for a period of not less than five
311 days, such period to commence on the day immediately following the day the animal is initially
312 confined in the facility, unless sooner claimed by the rightful owner thereof.
313 The operator or custodian of the pound shall make a reasonable effort to ascertain whether the
314 animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found
315 on the animal, the animal shall be held for an additional five days, unless sooner claimed by the
316 rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian
317 of the pound shall make a reasonable effort to notify the owner of the animal's confinement within
318 the next forty-eight 48 hours following its confinement.
319 If any animal confined pursuant to this section is claimed by its rightful owner, such owner may
320 be charged with the actual expenses incurred in keeping the animal impounded.
321 C. If an animal confined pursuant to this section has not been claimed upon expiration of the
322 appropriate holding period as provided by subsection B, it shall be deemed abandoned and become
323 the property of the pound or shelter. If such abandoned animal did not, when delivered to the pound,
324 bear a collar, tag, license, tattoo, or other form of identification, it may be humanely destroyed or
325 disposed of by:
326 1. Sale or gift to a federal agency, state-supported institution, agency of the Commonwealth,
327 agency of another state, or a licensed federal dealer having its principal place of business located
328 within the Commonwealth, provided that such agency, institution or dealer agrees to confine the
329 animal for an additional period of not less than five days;
330 2 Such animal may be humanely destroyed or disposed of by the methods set forth in subdivisions
331 1 through 5. No pound shall release more than two animals or a family of animals during any 30-day
332 period to any one person under subdivisions 2, 3, or 4.
333 1. Delivery Release to any humane society, animal shelter, or companion animal rescue other
334 releasing agency within the Commonwealth, provided no member of its board of that each humane
335 society, animal shelter, or other releasing agency obtains a signed statement from each of its
336 directors, operators, or employees has ever staff, or animal caregivers specifying that each individual
337 has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as
338 changes occur;
339 3 2. Adoption by any person who is a resident of the county or city for which the pound is
340 operated and who will pay the required license fee, if any, on such animal, provided that no person
341 may adopt an animal if the person such resident has ever read and signed a statement specifying that
342 he has never been convicted of animal cruelty, neglect, or abandonment;
343 4 3. Adoption by a resident of an adjacent political subdivision of the Commonwealth, provided
344 that no person may adopt an animal if the person such resident has ever read and signed a statement
345 specifying that he has never been convicted of animal cruelty, neglect, or abandonment;
346 5 4. Adoption by any other person, provided that no person may adopt an animal if the such
347 person has ever read and signed a statement specifying that he has never been convicted of animal
348 cruelty, neglect, or abandonment, and provided that no animal may be adopted by any person who is
349 not a resident of the county or city for which the pound or animal shelter is operated, or of an
350 adjacent political subdivision, unless the animal is first sterilized, and the pound may require that the
351 sterilization be done at the expense of the person adopting the animal; or
352 6 5. Delivery, Release for the purposes of adoption or euthanasia only, to a humane society, an
353 animal shelter, or a companion animal rescue any other releasing agency located in and lawfully
354 operating under the laws of another state, provided that such humane society, animal shelter, or
355 companion animal rescue other releasing agency: (i) maintains records that would comply with
356 § 3.1-796.105; (ii) requires that adopted dogs and cats be sterilized; and (iii) obtains a signed
357 statement from each of its directors, operators, staff, and animal caregivers specifying that each
358 individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such
359 statement as changes occur; and (iv) has been approved by the State Veterinarian or his designee as a
360 facility or agency that maintains such records, requires adopted dogs and cats to be sterilized, and
361 provides adequate care and euthanasia provided to the pound, animal shelter, or other releasing
362 agency within the Commonwealth a statement signed by an authorized representative specifying the
363 entity's compliance with clauses (i) through (iii), and the provisions of adequate care and
364 performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.
365 If such abandoned animal, when delivered to the pound, bore a collar, tag, license, tattoo, or other
366 form of identification, it may be humanely destroyed or disposed of by the methods described in
367 subdivision 2, 3, 4, or 5 of this subsection.
368 No pound or shelter shall deliver more than two animals or a family of animals during any
369 thirty-day period to any one person under subdivision 3, 4 or 5 of this subsection.
370 If an animal is required to be sterilized prior to adoption pursuant to subdivision 5 of this
371 subsection, the pound or animal shelter may require that the sterilization be done at the expense of the
372 person adopting the animal. For purposes of recordkeeping, release of an animal by a pound to a
373 pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption.
374 If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the
375 receiving entity.
376 D. Nothing in this section shall prohibit the immediate destruction euthanasia of a critically
377 injured, critically ill, or unweaned animal for humane purposes. Any animal destroyed euthanized
378 pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or
379 approved by the State Veterinarian.
380 E. Nothing in this section shall prohibit the immediate destruction euthanasia or disposal by the
381 methods listed in subdivisions 2 1 through 6 5 of subsection C of an animal that has been delivered
382 voluntarily or released to a pound, animal shelter, other releasing agency, or animal control officer, or
383 humane society by the animal's rightful owner after the rightful owner has, in writing, surrendered
384 read and signed a statement (i) surrendering all property rights in such animal and has read and
385 signed a statement (i) certifying, (ii) stating that no other person has a right of property in the animal,
386 and (ii) (iii) acknowledging that the animal may be immediately euthanized or disposed of by the
387 methods listed in subdivisions 2 through 6 of in accordance with subdivisions 1 through 5 of
388 subsection C.
389 F. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo,
390 or other form of identification which, based on the written certification statement of a disinterested
391 person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from
392 being euthanized after being kept for a period of not less than three days, at least one of which shall
393 be a full business day, such period to commence on the day the animal is initially confined in the
394 facility, unless sooner claimed by the rightful owner. The certification statement of the disinterested
395 person shall be kept with the animal as required by § 3.1-796.105. For purposes of this subsection, a
396 disinterested person shall not include a person releasing or reporting the animal to the facility.
397 G. No pound shall place a companion animal in a foster home with a foster care provider unless
398 the foster care provider has read and signed a statement specifying that he has never been convicted
399 of animal cruelty, neglect, or abandonment, and each pound shall update such statement as changes
400 occur. The pound shall maintain the original statement and any updates to such statement in
401 accordance with this chapter and for at least so long as the pound has an affiliation with the foster
402 care provider.
403 H. A pound that places a companion animal in a foster home with a foster care provider shall
404 ensure that the foster care provider complies with § 3.1-796.68.
405 I. If a pound finds a direct and immediate threat to a companion animal placed with a foster care
406 provider, it shall report its findings to the animal control agency in the locality where the foster care
407 provider is located.
408 G J. For purposes of this section:
409 "Animal" shall not include agricultural animals.
410 "Humane society," when referring to an organization without the Commonwealth, means any
411 nonprofit organization organized for the purpose of preventing cruelty to animals and promoting
412 humane care and treatment or adoption of animals.
413 "Rightful owner" means a person with a right of property in the animal.
414 H K. (For effective date - see Editor's note) The governing body shall require that the pound be
415 operated in accordance with regulations issued by the Board. If this chapter or such regulations are
416 violated, the locality may be assessed a civil penalty by the Board or its designee in an amount that
417 does not exceed $1,000 per violation. Each day of the violation shall constitute a separate offense. In
418 determining the amount of any civil penalty, the Board or its designee shall consider (i) the history of
419 previous violations at the pound; (ii) whether the violation has caused injury to, death or suffering of,
420 an animal; and (iii) the demonstrated good faith of the locality to achieve compliance after
421 notification of the violation. All civil penalties assessed under this section shall be recovered in a civil
422 action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall
423 be paid into a special fund in the state treasury to the credit of the Department to be used in carrying
424 out the purposes of this chapter.
425 I L. If this chapter or any laws governing animal pounds are violated, the Commissioner may
426 bring an action to enjoin the violation or threatened violation of this chapter or the regulations
427 pursuant thereto regarding animal pounds, in the circuit court where the animal pound is located. The
428 Commissioner may request the Attorney General to bring such an action, when appropriate.
429 § 3.1-796.96:2. Animal shelters; confinement and disposition of animals; affiliation with foster care
430 providers; penalties; injunctive relief.
431 A. An animal shelter may confine and dispose of animals in accordance with the provisions of
432 subsections B through G F of § 3.1-796.96.
433 B. Each animal shelter shall obtain a signed statement from each of its directors, operators, staff,
434 and animal caregivers specifying that the individual has never been convicted of animal cruelty,
435 neglect, or abandonment, and each animal shelter shall update such statement as changes occur.
436 C. The State Veterinarian or his designee shall inspect an animal shelter prior to the animal shelter
437 confining or disposing of animals pursuant to this section. The animal shelter shall meet the
438 requirements of all laws with regard to confinement and disposition of animals before the animal
439 shelter is approved to receive animals and provide a reasonable and comfortable climate appropriate
440 for the age, species, condition, size, and type of animal.
441 C. An animal shelter that confines and disposes of animals pursuant to this section shall be
442 accessible to the public at reasonable hours, shall have its telephone number and address listed in a
443 telephone directory, and shall post its contact information, including at least its name, address, and
444 telephone number, in pounds in the localities it serves and update the contact information as changes
445 occur.
446 D. The operator of An animal shelter that confines an animal that has not been received from its
447 owner or from an authorized releasing agency shall, pursuant to this section, transmit a description of
448 the animal including at least species, color, breed, size, sex, and other identifications identification or
449 markings and where the animal was found, to the pound maintained by the county or city where the
450 animal shelter is located and and its contact information, including its name, address, and telephone
451 number, to the pound in the county or city where the animal was found within twenty-four 48 hours
452 of the animal shelter receiving the animal. An animal shelter that confines and disposes of animals
453 pursuant to this subsection shall be accessible to the public at reasonable hours, shall have its
454 telephone number and address listed in a telephone directory, and shall post its contact information,
455 including at least its name, address, and telephone number, in the pound in the locality where the
456 animal shelter is located.
457 E. For purposes of recordkeeping, release of an animal by an animal shelter to a pound, animal
458 shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is
459 not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
460 F. No animal shelter shall place a companion animal in a foster home with a foster care provider
461 unless the foster care provider has read and signed a statement specifying that he has never been
462 convicted of animal cruelty, neglect, or abandonment, and the animal shelter shall update the
463 statement as changes occur. The animal shelter shall maintain the original statement and any updates
464 to such statement in accordance with this chapter and for at least so long as the animal shelter has
465 an affiliation with the foster care provider.
466 G. An animal shelter that places a companion animal in a foster home with a foster care provider
467 shall ensure that the foster care provider complies with § 3.1-796.68.
468 H. If an animal shelter finds a direct and immediate threat to a companion animal placed with a
469 foster care provider, it shall report its findings to the animal control agency in the locality where the
470 foster care provider is located.
471 I. No animal shelter shall be operated in violation of any local zoning ordinance.
472 E J. (For effective date - see Editor's note) An animal shelter that confines and disposes of animals
473 pursuant to this section shall be operated in accordance with this chapter. If this chapter is violated,
474 the animal shelter may be assessed a civil penalty by the Department Board or its designee in an
475 amount that does not exceed $1,000 per violation. Each day of the violation shall constitute a separate
476 offense. In determining the amount of any civil penalty, the Board or its designee shall consider (i)
477 the history of previous violations at the animal shelter; (ii) whether the violation has caused injury to,
478 death or suffering of, an animal; and (iii) the demonstrated good faith of the animal shelter to achieve
479 compliance after notification of the violation. All civil penalties assessed under this section shall be
480 recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such
481 civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to
482 be used in carrying out the purposes of this chapter.
483 F K. If this chapter or any laws governing animal shelters are violated, the Commissioner may
484 bring an action to enjoin the violation or threatened violation of this chapter or the regulations
485 pursuant thereto regarding animal shelters, in the circuit court where the animal shelter is located. The
486 Commissioner may request the Attorney General to bring such an action, when appropriate.
487 § 3.1-796.96:5. Releasing agencies other than pounds or animal shelters; confinement and
488 disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties.
489 A. A pound or animal shelter may place an animal in a foster home provided that:
490 1. The pound or animal shelter has registered the foster home with the Department. Any pound or
491 animal shelter seeking to register a foster home shall apply on a form furnished by the Department.
492 The applicant shall provide all information requested on the form, including, but not limited to, a
493 valid mailing address through which the applicant can be reached, and a valid premises address where
494 records are located. All premises, facilities, or sites where an applicant operates or keeps companion
495 animals shall be shown on the application form. The application shall be filed with the Department
496 and shall be accompanied by any appropriate fee required by the Department.
497 2. Registrations issued pursuant to this section shall not be transferable.
498 3. The registration shall be valid for up to one year and expire on December 31st, unless the
499 companion animal rescue agency violates any provision of this chapter. The Department may refuse to
500 renew a registration if a companion animal rescue agency or foster home violates any provision of
501 this chapter.
502 4. The pound or animal shelter shall inspect the foster home to be used prior to the foster home
503 accepting any companion animal, and shall verify in a report that the foster home meets the
504 requirements set forth in subsection E of § 3.1-796.96:3. The pound or animal shelter shall maintain a
505 copy of this inspection report and file a copy of the inspection report with the State Veterinarian upon
506 approving a foster home.
507 5. A releasing agency other than a pound or animal shelter:
508 1. May confine and dispose of companion animals in accordance with subsections B through F of
509 § 3.1-796.96; and
510 2. Shall keep accurate records of each companion animal received for two years from the date of
511 disposition of the companion animal. Records shall (i) include a description of the companion animal
512 including species, color, breed, sex, approximate weight, age, reason for release, owner's or finder's
513 name, address and telephone number, license number or other identifying tags or markings, as well
514 as disposition of the companion animal, and (ii) be made available upon request to the Department,
515 animal control officers, and law-enforcement officers at mutually agreeable times. A releasing agency
516 other than a pound or animal shelter shall submit a summary of such records to the State
517 Veterinarian annually in a format prescribed by him, wherein a post office box may be substituted for
518 a home address.
519 3. For purposes of recordkeeping, release of a companion animal by a releasing agency to a
520 pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption.
521 If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the
522 receiving entity.
523 B. Each releasing agency other than a pound or animal shelter shall obtain a signed statement
524 from each of its directors, operators, staff, or animal caregivers specifying that each individual has
525 never been convicted of animal cruelty, neglect, or abandonment, and each such releasing agency
526 shall update such statement as changes occur.
527 C. No releasing agency other than a pound or animal shelter shall place an a companion animal
528 in a foster home if any operator of with a foster care provider unless the foster home care provider
529 has ever read and signed a statement specifying that the foster care provider has never been
530 convicted of animal cruelty, neglect, or abandonment, and such releasing agency shall update the
531 statement as changes occur. A releasing agency other than a pound or animal shelter shall maintain
532 the original statement and any updates to such statement for so long as the releasing agency has an
533 affiliation with the foster care provider.
534 6. A pound or animal shelter shall notify the Department by mail of any change in the name,
535 address, substantial control or ownership in the operation of the foster home, within fifteen days of
536 the change.
537 B D. A releasing agency other than a pound or animal shelter that places an a companion animal
538 in a foster home with a foster care provider shall ensure that the foster home maintains the standards
539 of care pursuant to subsection E of § 3.1-796.96:3 care provider complies with § 3.1-796.68. Each
540 foster home shall complete a self-assessment at least twice a year in a format prescribed by the State
541 Veterinarian. A copy of the self-assessment shall be maintained by the pound or animal shelter and
542 the foster home.
543 C E. If a releasing agency other than a pound or animal shelter finds a direct and immediate
544 threat to a companion animal in placed with a foster home care provider, the pound or animal shelter
545 it shall remove the companion animal from the foster home. The pound shall report its findings to the
546 animal control officer agency in the area where the foster home care provider is located and the
547 animal control officer shall investigate the allegations. The animal shelter shall report its findings to
548 the animal control agency in the locality where the foster home is located.
549 F. Any releasing agency other than a pound or animal shelter that finds a companion animal or
550 receives a companion animal that has not been released by its owner and (i) provides care or
551 safekeeping, or (ii) takes possession of such companion animal shall, within 48 hours:
552 1. Make a reasonable attempt to notify the owner of the companion animal, if the owner can be
553 ascertained from any tag, license, collar, tattoo, or other identification or markings, or if the owner
554 of the companion animal is otherwise known to the releasing agency; and
555 2. Notify the pound that serves the locality where the companion animal was found and provide to
556 the pound contact information including at least a name and a contact telephone number, a
557 description of the companion animal including at least species, breed, sex, size, color, information
558 from any tag, license, collar, tattoo, or other identification or markings, and the location where the
559 companion animal was found.
560 G. A releasing agency other than a pound or animal shelter shall comply with the provisions of
561 § 3.1-796.68.
562 H. A releasing agency other than If a pound or animal shelter that violates any provision of this
563 section, other than subsection G, it may be subject to a civil penalty as defined in subsection H of
564 § 3.1-796.96 not to exceed $250. If an animal shelter violates any provision of this section, it may be
565 subject to a civil penalty as defined in subsection C of § 3.1-796.120.
566 D. Nothing in this section shall prohibit a pound or animal shelter from placing an animal in a
567 residential home that is not approved as a foster home as long as that home is used no more than
568 twice a year and provided that no person residing in that home has ever been convicted of animal
569 cruelty, neglect or abandonment.
570 § 3.1-796.96:6. Requirements for foster homes; penalty.
571 In addition to any other requirements of this chapter, foster homes shall be subject to the
572 following:
573 1. No foster home shall be operated in violation of any local ordinance; and
574 2. No foster home shall keep more than 50 companion animals on-site at one time.
575 Any foster home found in violation of this section may be subject to a civil penalty not to exceed
576 $250.
577 § 3.1-796.96:7. Notification by individuals finding companion animals; penalty.
578 A. Any individual who finds a companion animal and (i) provides care or safekeeping, or (ii)
579 retains a companion animal in such a manner as to control its activities shall, within 48 hours:
580 1. Make a reasonable attempt to notify the owner of the companion animal, if the owner can be
581 ascertained from any tag, license, collar, tattoo, or other form of identification or markings, or if the
582 owner of the animal is otherwise known to the individual; and
583 2. Notify the pound that serves the locality where the companion animal was found and provide to
584 the pound contact information including at least a name and a contact telephone number, a
585 description of the animal including information from any tag, license, collar, tattoo, or other
586 identification or markings, and the location where the companion animal was found.
587 B. If an individual finds a companion animal and (i) provides care or safekeeping, or (ii) retains a
588 companion animal in such a manner as to control its activities, the individual shall comply with the
589 provisions of § 3.1-796.68.
590 C. Any individual who violates this section may be subject to a civil penalty not to exceed $50 per
591 companion animal.
592 2. That §§ 3.1-796.96:3 and 3.1-796.96:4 of the Code of Virginia are repealed.