Pet Store
Hall of Shame, part 1
Pet Store Hall of Shame, part 2
USDA Violations by Petland Breeders
USDA Records on Various Breeders
How to find out more
about your puppy's breeder
Do Petland puppies really come from LICENSED breeders?
Hunte Corp.
Puppy Mill Links
14-Day Heartache Guarantee
Protesting
for Beginners
Find a group near you
Shelters
Adoption info and links to rescue groups
Poems, etc.
Former pet store employees speak out
Buying puppies online--buyer beware
Pet Stores and Puppy Mills in the News
Animal sellers in Washington DC area
Pet supply stores that DON'T sell animals--the good guys:)
Puppy mill survivor stories
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We believe that living beings should not be sold for profit in pet stores. Unfortunately, most current laws reflect the view that animals are property. We do not expect the law to close down bad pet stores; we count on the public to stop shopping at them. However, there are some laws on the books to prevent extreme cruelty, and the animals only suffer more if we fail to use them. Don't assume that your local pet store is obeying the law or that it is inspected regularly by Animal Control. Often a citizen's complaint is the only thing that brings Animal Control into the store. Contact your local Animal Control, the police, or a Humane Investigator for a local animal protection group to report violations. Local Animal Control may call in the State Veterinarian's Office to help interpret and enforce state laws. You may need to complain numerous times.
Contrary to popular belief, the federal Animal Welfare Act does not apply to animals in retail pet shops except when they are selling certain "exotic" or wild animals.
TO RESEARCH THE PET SHOP LAWS IN YOUR STATE, check out the Animal Protection Institute's useful information at http://www.api4animals.org/b4a1_petshoplaws_currentstate.php.
Also check the brief summaries at
http://gateway.hsus.org/spm/bigpicture/index.cfm
However, if you want to be sure you've got every law that might apply, you probably will need to slog through your state's legal code yourself by going to http://findlaw.com/11stategov/ (don't use "www") and finding the list of states. Click on your state, then click on "Primary Materials" and look for something that says "Code" in it. Then use "search" to search through your state legal code for things like pets, dogs, animals, cruelty until you're confident you've got all the laws that might apply. Also check the "consumer protection" section, which may be where the puppy lemon laws are located.
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Fall 2007: There was an interesting case on "The People's Court" with Judge Marilyn Milian. The plaintiffs were a couple who bought a Yorkie puppy for $1,000 from a New York City breeder, Ken Yarow of Ken's Pets (not a pet store).
According to the plaintiffs, the puppy was very lethargic the day after she was purchased, and they took her to the emergency vet. At that time the vet was not sure what was wrong with the puppy, and the puppy went back home. 12 days after the date the puppy was purchased, the puppy was crying and again extremely lethargic. They brought her to the vet, and hepatic shunt was the presumptive diagnosis, meaning that the liver was not correctly filtering food. The vet said they could try to save the puppy but that since she was severely underweight, she probably wouldn't survive. The puppy was euthanized. The vet bills totaled $864. The couple was suing for the cost of the puppy, vet bills, pain and suffering, and the cost of a new puppy, totaling $5,000.
When the puppy first became sick, the plaintiffs notified the breeder, and the breeder said to bring the puppy back to him and that he would either make the puppy healthy, replace the puppy with another, or give them a refund. The puppy's guardians opted NOT to bring the puppy back to the breeder, a two-hour trip, because they and their vet both felt that it would not be in the best interest of the puppy. Since the plaintiffs refused to bring the puppy to him, trusting their own vets instead, the breeder said, "If you can't follow the contract, there's nothing I can do."
Judge Marilyn and the breeder then discussed the breeder's contract. The breeder said, "This is drawn up by the United States Department of Agriculture. This is a contract they make breeders use." Judge Marilyn said, "There's no way that what you said could possibly be true." She continues, "Your contract is filled with things that are not New York law. Number one--your contract says that you only cover the following congenital diseases, and you list some diseases. YOU CAN'T LIMIT WHICH CONGENITAL DISEASES BECAUSE NEW YORK LAW DOESN'T LIMIT IT. IT SAYS ANY CONGENITAL DISEASE." [emphasis ours--petstorecruelty]. "Number 2--your contract says that the health conditions must be verified at a designated veterinarian office by Ken's Pets before any replacement puppy is offered. It is true that you have the right under New York law to, if you're going to refute what they're saying, to go ahead and have it verified by your [vet], but they also have a right to pick THE VETERINARIAN OF THEIR OWN CHOOSING. Then you say, "We do not cover the following puppyhood diseases-kennel coughs, colds, or hypoglycemia." THIS IS UNTRUE." She says that according to New York state law, a vet can declare a puppy unfit for purchase because of ANY ILLNESS.
Judge Marilyn says of this contract, which attempts to limit the breeder's responsibility, "It lies. It lies that you're limited to that and that and that you can't cover hypoglycemia." She says, "There's two things that are going to govern what I decide here. One is New York law, and the other is UCC law, the Uniform Commercial Code." She says, "The law wants to make sure that there is this IMPLIED WARRANTY OF MERCHANTABILITY. THAT MEANS YOU ARE SELLING ME WHAT YOU SAY YOU'RE SELLING ME. AND IF IT TURNS OUT THAT I DON'T GET WHAT YOU SAY YOU'RE SELLING ME, WHICH IS A HEALTHY DOG, THEN I SHOULD BE ABLE TO SUE YOU."
Judge Marilyn ruled in favor of the plaintiffs, saying, "Because this dog died and you are out the value of the dog as well as the vet bills, under the Uniform Commercial Code, which New York abides by, I am going to find in your favor in the amount of $1,000 that you paid for the animal as well as the $864 for the vet bills." She did not award any money for pain and suffering of the puppy or the couple, because animals are considered property, and she did not award them the price of a new puppy because that would be giving them a puppy for free.
You can read Article 2 (which deals with sales) of the Uniform Commercial Code at www.law.cornell.edu/ucc/2/article2.htm. You can read New York's Article 35-D of the General Business Law relating to the sale of dogs and cats at http://www.agmkt.state.ny.us/AI/AGM_Art_35D.pdf.
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If you live in Virginia, check to see if your local pet store is violating these laws:
1) Do you see any animals whose legs are falling through the wire mesh floors, making it painful and difficult for them to walk? This is prohibited by sections 3.1-796-71 and 3.1-796.66 of the Virginia Code. Pet stores are required to provide adequate shelter. Shelters whose wire, grid, or slat floors permit the animals' feet to pass through the openings are not adequate shelter.
Our local Petland was violating this law. They have since switched to slightly smaller mesh in some of the cages. It's still uncomfortable for the puppies' feet, but in general they're not falling all the way through.
2) Do the puppies and kittens have a solid resting platform large enough to lie on in a normal manner? This is required by sections 3.1-796.71 and 3.1.796.66.
The Fairfax City Petland did not have any resting platforms in the puppies' cages when reported to Animal Control in June of 2004. Their response to Animal Control's warning was to place one or two hard pieces of plastic (not even completely solid), each piece about 1 foot square, inside each cage. Inadequate and uncomfortable as these platforms are, the smaller puppies are often seen curled up asleep on them; it's an improvement over constantly teetering on wire mesh. The larger puppies cannot possibly fit their bodies on the pieces of plastic, which are not even hooked together, but they do attempt to use them as chew toys, as there's nothing much else to do in their cage. Months after Petland was warned about this violation, a local citizen entered the store one night and found not a single platform in the cages, a finding confirmed by a police officer. Petland's excuse: the platforms were in the wash. They even admitted removing the platforms each night to avoid the extra cleanup required by the platforms.
3) If the store is selling registered purebreds (e.g., AKC and UKC), is it disclosing the name and address of its breeders, as well as the name and address of its broker (middleman between breeders and the store)? Both are required by section 3.1-796.78. Midwestern addresses are an important clue that puppies come from puppy mills, so the store may try to conceal this information.
Petland has cited a "strict privacy policy" regarding its breeders. In some cases, Petland has failed to provide this required information in a purchased puppy's registration papers. The State Vet's Office has made Petland aware of this law, and hopefully Petland is now letting people know its puppies are coming from Missouri, Arkansas, Nebraska, and other Midwestern states.
4) Are the animals given enough exercise? Sections 3.1-796.71 and 3.1-796-66 require that animals be given adequate exercise-"the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass."
Petland animals spend the vast majority of their time in cages just larger than their own bodies-not only at the store, but since they were born. How must this affect their developing lungs, bones, and muscles?
5) Do the animals have enough space? Sections 3.1-796-71 and 3.1-796.66 define adequate space as "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."
The law is woefully inadequate with regard to space. Isn't RUNNING a "normal body movement"? Petland's cages don't allow animals to walk more than a couple of steps in any direction.
6) Are the animals being fed correctly? Sections 3.1-796-71 and 3-1.796.66 require pet stores to provide food at "suitable intervals for the species, age, and condition of the animal." The ASPCA recommends that puppies 8-12 weeks old be fed 4 meals a day. Other authorities recommend 3 meals a day. Look for food being put out during shopping hours. Pet stores may try to minimize daytime feeding so that shoppers don't see messy cages.
7) Are the animals sick? Section 3.1-796-72 requires pet stores to tell you if the animal has an "infection, communicable disease, parasitic infestation, abnormality or other physical defect" when they sell you an animal--if they are aware of it. (They may be very conveniently unaware of the problem.) Many pet stores use as a selling point the fact that a veterinarian inspects all puppies before they are sold. Unfortunately, it is probably legal if the animal's medical problems are only provided in the dog's purchase papers and not verbally told to the customer at purchase, so people who don't read the papers could be in for an unpleasant surprise. In addition, we've recently learned of a case (not at Petland) in which a very sick animal was returned to the store after being checked by a veterinarian and was immediately placed for sale again. If the second purchaser was not informed of the condition, that would be a violation of this law.
Note: 3.1-796.80 is the "Puppy Lemon Law." (See section below.) It helps customers get their money back if they're sold a very sick puppy--but only if they return the puppy to the store within 10 days of purchase. It doesn't help the puppy, since it is extremely unlikely that the pet store would ever spend the money necessary to nurse these puppies back to health. It doesn't help people with vet bills if they decide to keep the sick puppy.
Other provisions of the Virginia code discuss requirements for water, sanitation, transportation, and minimum ages at which animals can be sold. For your convenience, listed below are the many Virginia laws that have some relevance to pet stores. (The Definitions section is very important.) At the end are listed the penalties for Class 1, 2, 3, and 4 misdemeanors. For a listing of ALL Virginia laws that pertain to animals, go to www.vdacs.virginia.gov/animals/pdf/animallaws.pdf for a pdf printable version. For a searchable version, go to http://leg1.state.va.us/000/src.htm, then select the table of contents, Chapter 27.4 (sections 3.1-796-66 through 3.1-796.129).
§ 3.1-796.66. 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 § 3.1-796.68 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 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 that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is 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 condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
"Adequate shelter" 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 the 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.
"Adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that 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 generally accepted husbandry practices.
"Adoption" means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual.
"Agricultural animals" means all livestock and poultry. "Ambient temperature" means the temperature surrounding the animal.
"Animal" means any nonhuman vertebrate species except fish. For the purposes of § 3.1-796.98, animal means any species susceptible to rabies. For the purposes of § 3.1-796.122, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
"Animal control officer" means a person appointed as an animal control officer or deputy animal control officer as provided in § 3.1-796.104.
"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 a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
"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 bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
"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 in sales or services.
"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.
"Emergency 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 that 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.
"Facility" 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 site through an 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.
"Home-based rescue" means any person or organization that accepts (i) more than 12 companion animals or (ii) more than nine companion animals and more than three 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 § 3.1-796.106.
"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.
"Kennel" means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.
"Law-enforcement 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 the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff'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 § 3.1-73.6; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
"Local ordinance" means any law, rule, regulation, or ordinance promulgated by the governing body of any county, city, or town.
"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 § 3.1-796.126:1, 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 any 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.
"Poultry" 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.
"Properly 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.
"Properly lighted" when referring to a facility means sufficient illumination to permit routine inspections, maintenance, cleaning, and housekeeping of the facility, and observation of the animals; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the facility; and to promote the well-being of the animals.
"Properly lighted" when referring to a private residential dwelling and its surrounding grounds means sufficient illumination to permit routine maintenance and cleaning thereof, and observation of the companion animals; and to provide regular diurnal lighting cycles of either natural or artificial light to promote the well-being of the animals.
"Releasing agency" 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.
"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 § 3.1-723.
"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 each county or city or other officer designated by law to collect taxes in such county or city.
"Treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal.
"Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.
"Weaned" means that an animal 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.
(1984, c. 492, § 29-213.36; 1987, c. 488; 1988, c. 538; 1991, c. 348; 1993, cc. 174, 959; 1995, c. 610; 1998, c. 817; 2002, cc. 351, 500, 787; 2003, c. 1007.)
§ 3.1-796.67:2. State Veterinarian's power to inspect premises where animals are kept; investigations and search warrants.
A. The State Veterinarian and each State Veterinarian's representative shall have the power to conduct inspections of animal shelters, and inspect any business premises where animals are housed or kept, including any boarding establishment, kennel, pet shop, pound, or the business premises of any dealer, exhibitor or groomer, at any reasonable time, for the purposes of determining if a violation of (i) this chapter; (ii) any other state law governing the care, control or protection of animals; or (iii) any other state law governing property rights in animals has occurred.
B. Provisions for investigation of suspected violations of this chapter and other laws pertaining to animals are provided in § 3.1-796.107.
Provisions for obtaining a warrant and the power of search for violations of animal cruelty laws are provided in § 3.1-796.113.
(1993, c. 601; 1998, c. 817; 2002, c. 787; 2003, c. 1007.)
§ 3.1-796.68. 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. 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 by January 1, 1994.
C. Violation of this section is a Class 4 misdemeanor.
(1984, c. 492, § 29-213.38; 1987, c. 488; 1991, c. 348; 1993, c. 174; 1996, c. 249; 1998, c. 817; 2002, c. 787; 2003, c. 1007.)
§ 3.1-796.69. 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.
(1984, c. 492, § 29-213.39; 1987, c. 488; 1993, c. 174.)
§ 3.1-796.70. Sale, etc., of unweaned or certain immature animals prohibited, vaccinations required for dogs 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.
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. A violation of this section is punishable as a Class 3 misdemeanor.
(1984, c. 492, § 29-213.40; 1987, c. 488; 1993, c. 174; 1995, c. 625.)
§ 3.1-796.71. Failure of dealer or pet shop to provide adequate care, etc.; penalty. Any dealer or pet shop that fails to adequately house, feed, water, exercise or care for animals in his or its possession or custody as provided for under this chapter shall be guilty of a Class 3 misdemeanor. Such animals shall be subject to seizure and impoundment, and upon conviction of such person the animals may be sold, euthanized, or disposed of as provided by § 3.1-796.96 for licensed, tagged, or tattooed animals. Such failure shall also constitute grounds for revocation of a permit or certificate of registration after public hearing. Any funds that result from such sale shall be used first to pay the costs of the local jurisdiction 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.
(1984, c. 492, § 29-213.41; 1987, c. 488; 1993, c. 174.)
§ 3.1-796.72. Misrepresentation of animal's condition; penalties. No person shall misrepresent the physical condition of any animal at the animal's sale, trade, delivery, or other method of transfer. For the purpose of this section, misrepresentation shall include selling, trading, delivering or otherwise transferring an animal to another person with the knowledge that the animal has an infection, communicable disease, parasitic infestation, abnormality or other physical defect that is not made known to the person receiving the animal. However, sale of an agricultural animal that has external or internal parasites that are not made known to the person receiving the animal shall not be a violation of this section unless the animal is clinically ill or debilitated due to such parasites at the time of sale, trade, delivery or transfer of the animal. Violation of this section shall be punishable as a Class 3 misdemeanor.
(1984, c. 492, § 29-213.42; 1987, c. 488; 1998, c. 817.)
§ 3.1-796.73. 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.
(1984, c. 492, § 29-213.43; 1987, c. 488; 1993, c. 174; 2002, cc. 351, 787; 2003, c. 1007.)
§ 3.1-796.78. Sale without pet dealer's animal history certificate violation of Consumer Protection Act; contents of certificate. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for any pet dealer to sell a dog or cat within the Commonwealth stating, promising or representing that the animal is registered or capable of being registered with any animal pedigree registry organization, without providing the consumer with a pet dealer's animal history certificate at the time the consumer takes possession of the dog or cat. The pet dealer's animal history certificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:
1. The animal's breed, sex, age, color, and birth date;
2. The name and address of the person from whom the pet dealer purchased the animal;
3. The breeder's name and address;
4. The name and registration number of the animal's sire and dam;
5. If the animal has been so examined, the date on which the animal has been examined by a licensed veterinarian, the name and address of such veterinarian, and a brief statement of any findings made; and
6. A statement of all vaccinations administered to the animal, including the identity and quantity of the vaccine, and the name and address of the person or licensed veterinarian administering or supervising the vaccinations. The information contained in the pet dealer's animal history certificate required herein shall be informative only, and the pet dealer shall not be responsible in any manner for the accuracy of such information unless he knows or has reason to know that such information is erroneous. A copy of the pet dealer's animal history certificate signed by the consumer shall be maintained by the pet dealer for a period of one year following the date of sale.
(1984, c. 492, § 29-213.48; 1987, c. 488.)
§ 3.1-796.79. Inclusion of false or misleading statements in certificate violation of Consumer Protection Act. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a pet dealer to include in the pet dealer's animal history certificate provided for in § 3.1-796.78 any false or misleading statement regarding the information to be contained therein.
(1984, c. 492, § 29-213.49; 1987, c. 488.)
§ 3.1-796.80. Consumer remedies for receipt of diseased animal upon certification by veterinarian. If, at any time within ten days following receipt of an animal described as being registered or capable of being registered with any animal pedigree organization and subject to this chapter, a licensed veterinarian certifies such animal to be unfit for purchase due to illness, a congenital defect deleterious to the health of the animal or the presence of symptoms of a contagious or infectious disease, the pet dealer shall afford the consumer the right to choose one of the following options:
1. The right to return the animal and receive a refund of the purchase price including sales tax; or
2. The right to return the animal and to receive an exchange animal of equivalent value from the dealer, subject to the choice of the consumer. The refund or reimbursement required by this section shall be made by the pet dealer not later than ten business days following receipt of a signed veterinary certification as hereinafter provided.
(1984, c. 492, § 29-213.50; 1987, c. 488.)
§ 3.1-796.81. Written notice of consumer remedies required to be supplied by pet dealers. A pet dealer shall give the notice hereinafter set forth in writing to a consumer prior to the delivery of a dog or cat. Such notice shall be embodied in either a written contract, the pet dealer's animal history certificate or a separate document and shall state in ten point bold face type the following:
NOTICE The sale of certain dogs and cats described as being registered or capable of being registered with any animal pedigree organization is subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). In the event that a licensed veterinarian certifies your animal to be unfit for purchase within ten days following receipt of your animal, you may choose: (i) to return your animal and receive a refund of the purchase price, or (ii) to return the animal and receive an exchange animal of your choice of equivalent value. In order to exercise these rights you must present a written veterinary certification that the animal is unfit to the pet dealer within three business days after receiving such certification. If the pet dealer has promised to register your animal or to provide the papers necessary therefor and fails to do so within 120 days following the date of contract, you are entitled to return the animal and receive a refund of the purchase price or to retain the animal and receive a refund of an amount not to exceed fifty percent of the purchase price.
(1984, c. 492, § 29-213.51; 1987, c. 488.)
§ 3.1-796.82. Failure of pet dealer to effect registration after promise; violation of Consumer Protection Act; remedies; veterinary certification; finding of intestinal parasites; illness subsequent to sale.
A. It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a pet dealer to state, promise, or represent that a dog or cat is registered or capable of being registered with any animal pedigree registry organization if the pet dealer shall then fail to either effect such registration or provide the consumer with the documents necessary therefor within 120 days following the date of sale of such animal. In the event that a pet dealer fails to effect registration or to provide the necessary documents therefor within 120 days following the date of sale, the consumer shall be entitled to choose one of the following options:
1. To return the animal and to receive a refund of the purchase price plus sales tax; or
2. To retain the animal and to receive a refund of an amount not to exceed fifty percent of the purchase price and sales tax.
B. The veterinary certification and statement required herein shall be presented to the pet dealer not later than three business days following receipt thereof by the consumer and shall contain the following information:
1. The name of the owner;
2. The date or dates of the examination;
3. The breed, color, sex, and age of the animal;
4. A description of the veterinarian's findings;
5. A statement that the veterinarian certifies the animal to be unfit for purchase; and
6. The name and address of the certifying veterinarian and the date of the certification.
C. A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for purchase unless the animal is clinically ill due to such condition. An animal may not be found unfit for purchase on account of an injury sustained or illness contracted subsequent to the consumer taking possession thereof.
(1984, c. 492, § 29-213.52; 1987, c. 488.)
§ 3.1-796.83. Remedies cumulative. The remedies provided for pursuant to this article are cumulative and not exclusive and shall be in addition to any other remedy provided for by law.
(1984, c. 492, § 29-213.53; 1987, c. 488.)
§ 3.1-796.84. Local ordinances; penalties. The governing body of any county, city or town may, by local ordinance, require a person operating a pet shop or operating as a dealer in companion animals to obtain a permit. Such local governing body may charge no more than fifty dollars per year for such permit. The revenues derived therefrom shall be used for the administration and enforcement of such ordinance. The aforementioned local ordinance may provide: (i) that records be kept by the permittees as are deemed necessary; (ii) for public hearing prior to issuance, renewal or revocation of any such permit; or (iii) for the denial of issuance, denial of renewal or for the revocation of such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee. The local ordinance may also provide penalties for violation of the ordinance not to exceed those of a Class 3 misdemeanor.
(1984, c. 492, § 29-213.54; 1987, c. 488.)
§ 3.1-796.104. Position of animal control officer created. The governing body of each county or city shall, or each town may, appoint an officer to be known as the animal control officer who shall have the power to enforce this chapter, all ordinances enacted pursuant to this chapter and all laws for the protection of domestic animals. The governing body may also appoint one or more deputy animal control officers to assist the animal control officer in the performance of his duties. Animal control officers and deputy animal control officers shall have a knowledge of the animal control and protection laws of Virginia which they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law-enforcement officer as defined in § 9.1-101, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the locality in which the animal control officer or deputy animal control officer is appointed. The animal control officer and the deputy animal control officers shall be paid as the governing body of each locality shall prescribe. Any locality in which an animal control officer or deputy animal control officers have been appointed may contract with one or more additional localities for enforcement of animal protection and control laws by the animal control officers or deputy animal control officers. Any such contract may provide that the locality employing the animal control officer or deputy animal control officers shall be reimbursed a portion of the salary and expenses of the animal control officer or deputy animal control officers. Every locality employing an animal control officer shall submit to the State Veterinarian, on a form provided by him, information concerning the employment and training status of the animal control officers employed by the locality. The State Veterinarian may require that the locality notify him of any change in such information.
(1984, cc. 254, 492, § 29-213.73; 1987, c. 488; 1998, c. 817; 2003, c. 804; 2004, c. 181.)
§ 3.1-796.104:1. Training of animal control officers.
A. After April 1, 1999, every locality appointing animal control officers shall require that every animal control officer and deputy animal control officer completes the following training:
1. Within two years after appointment, a basic animal control course that has been approved by the State Veterinarian, who may consult with the Department of Criminal Justice Services, Department of Social Services, Virginia Farm Bureau Federation, Virginia Animal Control Association, Virginia Veterinary Medical Association, Virginia Association of Counties, Virginia Municipal League, Virginia Federation of Humane Societies, or other appropriate agencies and sportsmen advocacy groups. The basic animal control course shall include training in recognizing suspected child abuse and neglect and information on how complaints may be filed and shall be approved and implemented by July 1, 2005; and 2. Every three years, additional training approved by the State Veterinarian, 15 hours of which shall be training in animal control and protection. The State Veterinarian shall develop criteria to be used in approving training courses and shall provide an opportunity for public comment on proposed criteria before the final criteria are adopted. Subdivision 1 shall not apply to animal control officers or deputy animal control officers appointed before July 1, 1998. The State Veterinarian may grant exemptions from the requirements of subdivision 1 to animal control officers appointed on or after July 1, 1998, based on the animal control officer's previous training. The State Veterinarian shall work to ensure the availability of these training courses through regional criminal justice training academies or other entities as approved by him. Based on information provided by authorized training entities, the State Veterinarian shall maintain the training records for all animal control officers for the purpose of documenting and ensuring that they are in compliance with this subsection.
B. Upon cause shown by a locality, the State Veterinarian may grant additional time during which the training required by subsection A may be completed by an animal control officer in such locality.
C. Any animal control officer that fails to complete the training required by subsection A shall be removed from office, unless the State Veterinarian has granted additional time as provided in subsection B.
(1998, c. 817; 2002, c. 418; 2004, c. 181.)
§ 3.1-796.105. Animal control officers and humane investigators; limitations; records; penalties. A. No animal control officer, humane investigator, humane society or custodian of any pound or animal shelter shall (i) obtain the release or transfer of an animal by the animal's owner to such animal control officer, humane investigator, humane society or custodian for personal gain or (ii) give or sell or negotiate for the gift or sale to any individual, pet shop, dealer, or research facility of any animal which may come into his custody in the course of carrying out his official assignments. No animal control officer, humane investigator or custodian of any pound or animal shelter shall be granted a dealer's license. Violation of this subsection shall be a Class 1 misdemeanor. Nothing in this section shall preclude any animal control officer or humane investigator from lawfully impounding any animal pursuant to § 3.1-796.115.
B. An animal control officer, law-enforcement officer, humane investigator or custodian of any pound or animal shelter, upon taking custody of any animal in the course of his official duties, or any representative of a humane society, upon obtaining custody of any animal on behalf of the society, shall immediately make a record of the matter. Such record shall include:
1. The date on which the animal was taken into custody;
2. The date of the making of the record;
3. A description of the animal including the animal's species, color, breed, sex, approximate age and approximate weight; 4. The reason for taking custody of the animal and the location where custody was taken;
5. The name and address of the animal's owner, if known;
6. Any license or rabies tag, tattoo, collar or other identification number carried by or appearing on the animal; and
7. The disposition of the animal. Records required by this subsection shall be maintained for at least five years, and shall be available for public inspection upon request. A summary of such records shall be submitted annually to the State Veterinarian in a format prescribed by him.
C. Any animal control officer or custodian of any pound who violates any provision of this chapter which relates to the seizure, impoundment and custody of animals by an animal control officer may be subject to suspension or dismissal from his position.
D. Custodians and animal control officers engaged in the operation of a pound shall be required to have a knowledge of the laws of Virginia governing animals, including this chapter, as well as basic animal care.
(1984, c. 492, § 29-213.74; 1986, c. 315; 1987, c. 488; 1991, c. 65; 1993, c. 601; 1997, c. 286; 1998, c. 817.)
§ 3.1-796.106. Humane investigators; qualifications; appointment; term.
A. A circuit court may reappoint any person as a humane investigator for any locality within its jurisdiction if the person:
1. Was appointed as a humane investigator prior to July 1, 2003; and
2. Has never been convicted of animal cruelty or neglect, any felony, or any crime of moral turpitude according to a criminal background check, which shall be performed by the attorney for the Commonwealth at the expense of the person seeking the appointment.
B. A circuit court may appoint a person to fill a vacancy in that jurisdiction created when a humane investigator who was appointed prior to July 1, 2003, is no longer willing or eligible to be a humane investigator, provided the person seeking appointment:
1. Has received a written recommendation from the administrative entity that oversees animal control in the locality where the humane investigator seeks appointment; 2. Has never been convicted of animal cruelty or neglect, any felony, or any crime of moral turpitude according to a criminal background check, which shall be performed by the attorney for the Commonwealth at the expense of the person seeking the appointment; and
3. Has completed a basic animal control course approved by the State Veterinarian pursuant to § 3.1-796.104:1.
C. A person residing outside the Commonwealth may be appointed as a humane investigator only if he is employed by a humane society located within the locality for which he is seeking appointment.
D. Reappointments of humane investigators shall be for terms of three years. Each humane investigator shall, during each term for which he is appointed, complete 15 hours of training in animal care and protection approved for animal control officers. If a humane investigator is appointed to a succeeding term before or within 30 days after his current term expires, a criminal background check shall not be required. If a humane investigator's term expires and he is not appointed to a succeeding term before or within 30 days after his current term expires, the humane investigator shall not be appointed to another term.
(1984, c. 492, § 29-213.75; 1987, c. 488; 1998, c. 817; 2003, c. 858; 2004, c. 181.)
§ 3.1-796.106:1. Revocation of appointment of humane investigators.
A. Upon a motion by the attorney for the Commonwealth, the circuit court that appointed a humane investigator may revoke his appointment if he is no longer able to perform the duties of a humane investigator; has been convicted of any felony, Class 1 misdemeanor, or a violation of any provision of this chapter or any other law regarding animals; or for good cause shown. The court shall notify the administrative entity that oversees animal control in the locality where the humane investigator was appointed of such revocation.
B. Any law-enforcement officer may investigate any allegation that a humane investigator has violated this chapter and report his findings and recommendations to the attorney for the Commonwealth.
(1998, c. 817; 1999, c. 376; 2003, c. 858.)
§ 3.1-796.106:2. Powers and duties of humane investigators. A. Any humane investigator may, within the locality for which he has been appointed, investigate violations of laws and ordinances regarding care and treatment of animals and disposal of dead animals.
B. Each humane investigator shall carry during the performance of his powers and duties under this chapter an identification card issued by the locality where the humane investigator is appointed. The identification card shall include the following information regarding the humane investigator: 1. His full name;
2. The locality for which he has been appointed;
3. The name of the circuit court that appointed him;
4. The signature of the circuit court judge that appointed him;
5. A photograph of his face; and
6. The date of expiration of his appointment.
C. Each humane investigator shall record on a form approved by the administrative entity that oversees animal control every investigation he performs, maintain such record for five years, and make such record available upon request to any law-enforcement officer, animal control officer or State Veterinarian's representative. Each humane investigator shall file quarterly a report summarizing such records with the administrative agency that oversees animal control on an approved form. A humane investigator's appointment may be revoked as provided in § 3.1-796.106:1 if he fails to file such report.
(1998, c. 817; 2003, c. 858.)
§ 3.1-796.107. Complaint of suspected violation; investigation.
A. Upon receiving a complaint of a suspected violation of this chapter, any ordinance enacted pursuant to this chapter or any law for the protection of domestic animals, any animal control officer, law-enforcement officer, or State Veterinarian's representative may, for the purpose of investigating the allegations of the complaint, enter upon, during business hours, any business premises, including any place where animals or animal records are housed or kept, of any dealer, pet shop, groomer, or boarding establishment. Upon receiving a complaint of a suspected violation of any law or ordinance regarding care or treatment of animals or disposal of dead animals, any humane investigator may, for the purpose of investigating the allegations of the complaint, enter upon, during business hours, any business premises, including any place where animals or animal records are housed or kept, of any dealer, pet shop, groomer, or boarding establishment. Upon obtaining a warrant as provided for in § 3.1-796.113, the law-enforcement officer, animal control officer, State Veterinarian's representative, or humane investigator may enter upon any other premises where the animal or animals described in the complaint are housed or kept. Attorneys for the Commonwealth and law-enforcement officials shall provide such assistance as may be required in the conduct of such investigations.
B. If the investigation discloses that a violation of § 3.1-796.68 has occurred, the investigating official shall notify the owner or custodian of the complaint and of what action is necessary to comply with this chapter.
(1984, c. 492, § 29-213.76; 1987, c. 488; 1991, c. 451; 1993, c. 174; 1998, c. 817.)
§ 3.1-796.108. Impoundment; expenses; lien; disposition of animal. When an animal control officer, humane investigator, law-enforcement officer or State Veterinarian's representative finds that an apparent violation of this chapter has rendered an animal in such a condition as to constitute a direct and immediate threat to its life, safety or health which the owner or custodian has failed or refuses to remedy, such animal control officer, humane investigator, law-enforcement officer or State Veterinarian's representative may impound the animal pursuant to § 3.1-796.115 in a facility which will provide the elements of good care as set forth in § 3.1-796.68 and shall then proceed to take such steps as are required to dispose of the animal pursuant to § 3.1-796.115.
(1984, c. 492, § 29-213.77; 1987, c. 488; 1994, c. 387; 1998, c. 817.)
§ 3.1-796.110. Expenses of humane investigators. Neither the appointment of any humane investigator, nor the performance of any service or duty by him, shall require any locality or the Commonwealth to pay any cost or expense incurred by or on behalf of a humane investigator. Any locality may reimburse any humane investigator appointed for that locality for reasonable expenses incurred as the result of a specific request for services from the locality.
(1984, c. 492, § 29-213.79; 1986, c. 362; 1987, c. 488; 1998, c. 817.)
§ 3.1-796.111. Preventing cruelty to animals; interference; penalty. Each animal control officer, humane investigator or State Veterinarian's representative shall interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct or resist any animal control officer, humane investigator or State Veterinarian's representative in the discharge of his rights, powers, and duties as authorized and prescribed by law shall be deemed guilty of a Class 4 misdemeanor.
(1984, c. 492, § 29-213.80; 1986, c. 362; 1987, c. 488; 1998, c. 817.)
§ 3.1-796.112. Enforcement authority. All law-enforcement officers in the Commonwealth of Virginia and State Veterinarian's representatives shall enforce the provisions of this chapter to the same extent other laws in the Commonwealth are enforced.
(1984, c. 492, § 29-213.81; 1987, c. 488; 1991, c. 121; 1998, c. 817.)
§ 3.1-796.113. Power of search for violations of statutes against cruelty to animals. When a sworn complaint is made to any proper authority by any animal control officer, humane investigator, law-enforcement officer or State Veterinarian's representative that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been, are being, or are about to be violated in any particular building or place, such authority, if satisfied that there is reasonable cause for such belief, shall issue a warrant authorizing any sheriff, deputy sheriff or police officer, to search the building or place. No search shall be made after sunset unless specially authorized by the authority upon satisfactory cause shown.
(1984, c. 492, § 29-213.82; 1986, c. 362; 1987, c. 488; 1994, c. 168; 1998, c. 817.)
§ 3.1-796.114. When animals to be destroyed; procedure. Any humane investigator may lawfully cause to be destroyed any animal in his charge or found abandoned or not properly cared for when, in the judgment of the humane investigator and two reputable citizens called to view the same in his presence, and who shall give their written certificate, the animal appears to be injured, disabled or diseased, past recovery, or the injury, disease or disability is such that a reasonable owner would cause the animal to be destroyed. Any humane investigator shall make every reasonable effort immediately to notify the owner of the animal that the humane investigator intends for the animal to be destroyed. The owner shall have a right to select one of the two reputable citizens called to view the animal and give written certificate of the animal's condition. In no event shall the determination as to disposition of the animal be delayed beyond forty-eight hours after such humane investigator first decides the animal should be destroyed. In the event that the two citizens called to give such certificate are unable to agree, they shall select a third reputable citizen and his decision shall be final.
(1984, c. 492, § 29-213.83; 1986, c. 362; 1987, c. 488; 1998, c. 817.)
§ 3.1-796.115. Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale.
A. Any humane investigator, law-enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. Before seizing or impounding any agricultural animal, such humane investigator, law-enforcement officer or animal control officer shall contact the State Veterinarian or a State Veterinarian's representative, who shall recommend to such person the most appropriate action for the disposition of the agricultural animal, provided, however, that the seizure or impoundment of an equine resulting from a violation of subdivision A (iii) or subdivision B (ii) of § 3.1-796.122 may be undertaken only by the State Veterinarian or State Veterinarian's representative who has received training in the examination and detection of sore horses equivalent to that required by 9 C.F.R. Part 11.7 and that is approved by the State Veterinarian. The humane investigator, law-enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The humane investigator, law-enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if: 1. The owner or tenant of the land where the agricultural animal is located gives written permission;
2. A general district court so orders; or
3. The owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained. If there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the disposition of the animal, and any other information required by the State Veterinarian. Upon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county wherein the animal is seized for a hearing. The hearing shall be not more than ten business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care.
B. The humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.
C. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.
D. The humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may, by ordinance, require the owner of any animal held pursuant to this subsection for more than thirty days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set in the ordinance, not to exceed nine months. If the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care, then the court shall order that the animal be: (i) sold by a local governing body; (ii) humanely destroyed, or disposed of by sale or gift to a federal agency, state-supported institution, agency of the Commonwealth, agency of another state, or a licensed federal dealer having its principal place of business located within the Commonwealth; (iii) delivered to any local humane society or shelter, or to any person who is a resident of the county or city where the animal is seized or an adjacent county or city in the Commonwealth and who will pay the required license fee, if any, on such animal; or (iv) delivered to the person with a right of property in the animal as provided in subsection E.
E. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care; however, the court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person.
F. The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care.
G. The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner's past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical condition.
H. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating § 3.1-796.73 or § 3.1-796.122. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner's mental and physical condition.
I. Any person who is prohibited from owning or possessing animals pursuant to subsection G or H may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court's order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.
J. When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund of the state treasury.
K. Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law-enforcement officer, animal control officer, or licensed veterinarian.
L. [Repealed.]
(1984, c. 492, § 29-213.84; 1986, c. 362; 1987, c. 488; 1990, c. 322; 1992, c. 123; 1993, c. 119; 1994, c. 387; 1998, c. 817; 1999, c. 113; 2002, c. 500.)
§ 3.1-796.122. Cruelty to animals; penalty.
A. Any person who (i) overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of the above things, or being the owner of such animal permits such acts to be done by another, shall be guilty of a Class 1 misdemeanor.
B. Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates or kills any animal whether belonging to himself or another; (ii) sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of any kind, unless such administration of drugs or medications is under the supervision of a licensed veterinarian and solely for therapeutic purposes; (iii) instigates, engages in, or in any way furthers any act of cruelty to any animal set forth in clause (i); or (iv) causes any of the actions described in clauses (i) through (iii), or being the owner of such animal permits such acts to be done by another; and has been within five years convicted of a violation of this subsection or subsection A, shall be guilty of a Class 6 felony if the current violation or any previous violation of this subsection or subsection A resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this subsection or subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle.
D. For the purposes of this section and §§ 3.1-796.111, 3.1-796.113, 3.1-796.114, 3.1-796.115, and 3.1-796.125, the word animal shall be construed to include birds and fowl.
E. This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including, but not limited to Title 29.1, or to farming activities as provided under this title or regulations promulgated thereto. F. In addition to the penalties provided in subsection A, the court may, in its discretion, require any person convicted of a violation of subsection A to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. G. It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a Class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a Class 6 felony.
H. Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this subsection shall not overrule § 3.1-796.93:1 or § 3.1-796.116.
I. Any person convicted of violating this section may be prohibited by the court from possession or ownership of companion animals.
(1984, c. 492, § 29-213.91; 1987, c. 488; 1992, c. 177; 1998, c. 817; 1999, cc. 209, 620, 645; 2002, cc. 351, 500, 583, 613; 2003, cc. 787, 788; 2004, c. 217.)
§ 3.1-796.129. Jurisdiction of general district courts; right of appeal. Unless otherwise provided, the provisions of this article may be enforced by any general district court in cities or counties wherein the offense is committed, or the offender or owner may be found. Every such offender shall have the right of appeal to the appropriate circuit court.
(1984, c. 492, § 29-213.100; 1987, c. 488.)
§ 18.2-11. Punishment for conviction of misdemeanor. The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
(1975, cc. 14, 15; 1990, c. 788; 2000, c. 770.)
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