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    Sec. 7-35.2. Hybrid Canines.

     

    Sec. 7-35.2. Hybrid canines.
     
    (a) As used in this section:
     
    "Adequate confinement" means that, while on the property of its owner and not under the direct supervision and control of the owner or custodian, a hybrid canine shall be confined in a humane manner in a securely enclosed and locked structure of sufficient height and design to (i) prevent the animal’s escape; or if the hybrid is determined to be a dangerous dog pursuant to Section 7-35.1 of the city code, the structure shall prevent direct contact with any person or animal not authorized by the owner to be in direct contact with the hybrid canine, and (ii) provide a minimum of one hundred (100) square feet of floor space for each adult animal. Tethering of a hybrid canine not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement.
     
    "Hybrid canine" means any animal which at any time has been or is permitted, registered, licensed, advertised or otherwise described or represented as a hybrid canine, wolf or coyote by its owner to a licensed veterinarian, law-enforcement officer, animal control officer, humane investigator, official of the Department of Health, or State Veterinarian’s representative.
     
    "Responsible ownership" means the ownership and humane care of a hybrid canine in such a manner as to comply with all laws and ordinances regarding hybrid canines and prevent endangerment by the animal to public health and safety.
     
    (b) It shall be unlawful for any person to own or possess a hybrid canine four (4) months or older in the city unless the hybrid canine is licensed as required by the provisions of this section.
     
    (1) Any person owning or possessing a hybrid canine four (4) months or older in the city shall obtain an annual permit from the animal warden no later than January 31 of each year. The permit shall not be transferable, shall expire on December 31 of each year and must be renewed by January 31 of each succeeding year. The cost of the permit shall be fifty ($50.00) dollars per year and shall not be prorated.
     
    (2) No person other than the operator of a pet store or dealer in companion animals shall own or possess more than two (2) hybrid canines.
     
    (3) Each hybrid canine shall be permanently identified by means of a tattoo on the inside thigh or by electronic implantation. The animal warden shall provide the owner or custodian with a uniformly designed tag which identifies the animal as a hybrid canine and the owner or custodian shall affix the tag to the animal’s collar and ensure that the animal wears the collar and tag at all times.
     
    (4) The application for a permit shall include the sex, color, height, vaccination records, length, identifying marks, the location where the hybrid canine will normally be kept and such additional information as the animal warden determines is necessary.
     
    (5) A hybrid canine shall at all times be confined in a proper enclosure or structure of such sufficient height and design to prevent its escape or direct contact with or entry by minors, adults or other animals. The owner’s or custodian’s property shall be posted with clearly visible signs warning both minors and adults of the presence of a hybrid canine.
     
    (6) When off of its owner’s or custodian’s property a hybrid canine shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal’s vision or respiration but so as to prevent it from biting a person or another animal.
     
    (c) A first violation of this ordinance shall be punished as a class 3 misdemeanor and any subsequent violation shall be punished as a class 1 misdemeanor. In addition any owner or custodian of a hybrid canine that fails or refuses to comply with the terms of this may be ordered by a court of competent jurisdiction to dispose of their animal. The court may order the owner or custodian of a hybrid canine to surrender the animal for euthanasia in accordance with the provisions of section 3.1-796.119 of the Code of Virginia.
     
    (d) It shall be the duty of every veterinarian that practices in the city to notify the animal warden of the existence of a hybrid canine within the city. (Ord. No. O-01-171, 9-18-01)
     
    Last updated date: 10/23/2006 4:15:21 PM