Bill Text: VA HB1067 | 2014 | Regular Session | Introduced
Bill Title: Animal shelters; definitions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-03-05 - Governor: Acts of Assembly Chapter text (CHAP0148) [HB1067 Detail]
Download: Virginia-2014-HB1067-Introduced.html
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14101177D Be it enacted by the General Assembly of Virginia: 1. That §§3.2-6500, 3.2-6502, 3.2-6503, 3.2-6504, 3.2-6510, 3.2-6522, 3.2-6523, 3.2-6534, 3.2-6535, 3.2-6545, 3.2-6546, 3.2-6548, 3.2-6549, 3.2-6550, 3.2-6551, 3.2-6557, 18.2-144.2, 54.1-3423, and 54.1-3801 of the Code of Virginia are amended and reenacted as follows: §3.2-6500. Definitions. As used in this chapter unless the context requires a different meaning: "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 § 3.2-6503 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 appropriate for the weather and temperature, 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 §3.2-6522, animal means any species susceptible to rabies. For the purposes of §3.2-6570, 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 § 3.2-6555.
"Boarding establishment" means a place or
establishment other than a "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. "Commercial dog breeder" means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. "Companion 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 "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 U.S. Department of Agriculture. "Facility" means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. "Farming activity" means, consistent with standard animal husbandry practices, the raising, management, and use of agricultural animals to provide food, fiber, or transportation and the breeding, exhibition, lawful recreational use, marketing, transportation, and slaughter of agricultural animals pursuant to such purposes. "Foster care provider" means an individual who
provides care or rehabilitation for companion animals through an affiliation
with a "Foster home" means a private residential dwelling
and its surrounding grounds, or any facility
other than a public or private animal shelter, at which
site through an affiliation with a "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 "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 § 3.2-6558. "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. "Incorporated" means organized and maintained as a legal entity in the Commonwealth. "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 §3.2-2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. "New owner" means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3.2-6574, and who adopts or receives a dog or cat from a releasing agency. "Ordinance" means any law, rule, regulation, or ordinance adopted by the governing body of any locality. "Other officer" includes all other persons employed or elected by the people of Virginia, or by any locality, 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. "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.
"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. "Private animal shelter" means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. "Properly cleaned" 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. "Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, or surrendered animals or a facility operated for the same purpose under a contract with any locality. "Releasing agency" means "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. "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 §3.2-6502. 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 public and private animal shelters,
and inspect any business premises where animals are housed or kept, including
any boarding establishment, kennel, pet shop B. Provisions for investigation of suspected violations of this chapter and other laws pertaining to animals are provided in §3.2-6564. Provisions for obtaining a warrant and the power of search for violations of animal cruelty laws are provided in §3.2-6568. §3.2-6503. Care of companion 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 to prevent suffering or disease transmission. The provisions of this section shall also apply to every B. Violation of this section is a Class 4 misdemeanor. A
second or subsequent violation of subdivision A 1, §3.2-6504. 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 §3.2-6510. Sale of unweaned or certain immature animals prohibited, vaccinations required for dogs and cats; penalty. A. No person shall sell, raffle, give away, 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 or cat
under the age of seven weeks without its dam or 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, gift, or transfer of an unweaned animal: (i) as food for other
animals; (ii) with the lactating dam or queen or a lactating surrogate dam or
queen that has accepted the animal; (iii) due to a concern for the health or
safety of the unweaned animal; or (iv) to animal control, 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 a Class 3 misdemeanor. §3.2-6522. Rabid animals. A. When there is sufficient reason to believe that the risk of exposure to rabies is elevated, the governing body of any locality may enact, and the local health director may recommend, an emergency ordinance that shall become effective immediately upon passage, requiring owners of all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such a manner that persons or animals will not be subject to the danger of being bitten by a rabid animal. Any such emergency ordinance enacted pursuant to the provisions of this section shall be operative for a period not to exceed 30 days unless renewed by the governing body of such locality in consultation with the local health director. The governing body of any locality shall also have the power and authority to pass ordinances restricting the running at large in their respective jurisdiction of dogs and cats that have not been inoculated or vaccinated against rabies and to provide penalties for the violation thereof. B. Any dog or cat showing active signs of rabies or suspected of having rabies that is not known to have exposed a person, companion animal, or livestock to rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If, in the discretion of the local health director, confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the State Veterinarian as provided in §3.2-6546. The disposition of other animals showing active signs of rabies shall be determined by the local health director and may include euthanasia and testing. C. Every person having knowledge of the existence of an animal that is suspected to be rabid and that may have exposed a person, companion animal, or livestock to rabies shall report immediately to the local health department the existence of such animal, the place where seen, the owner's name, if known, and the signs suggesting rabies. D. Any dog or cat E. At the discretion of the local health director, any animal that may have exposed a person shall be confined under competent observation for 10 days at the expense of the owner or custodian, unless the animal develops active signs of rabies, expires, or is euthanized before that time. A seriously injured or sick animal may be euthanized as provided in §3.2-6546. F. When any suspected rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, decisions regarding the disposition of that animal shall be at the discretion of a local health director and may include euthanasia as provided in §3.2-6546, or as directed by the state agency with jurisdiction over that species. When any animal, other than a dog or cat, is exposed or may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, decisions regarding the disposition of that newly exposed animal shall be at the discretion of a local health director. G. When any animal may have exposed a person to rabies and subsequently expires due to illness or euthanasia, either within an observation period, where applicable, or as part of a public health investigation, its head or brain shall be sent to the Division of Consolidated Laboratory Services of the Department of General Services or be tested as directed by the local health department. §3.2-6523. Inoculation for rabies at public or private animal shelters. Dogs and cats being adopted from §3.2-6534. Disposition of funds. Unless otherwise provided by ordinance of the local governing body, the treasurer of each locality shall keep all moneys collected by him for dog and cat license taxes in a separate account from all other funds collected by him. The locality shall use the funds for the following purposes: 1. The salary and expenses of the animal control officer and necessary staff; 2. The care and maintenance of a 3. The maintenance of a rabies control program; 4. Payments as a bounty to any person neutering or spaying a dog up to the amount of one year of the license tax as provided by ordinance; 5. Payments for compensation as provided in §3.2-6553; and 6. Efforts to promote sterilization of dogs and cats. Any part or all of any surplus remaining in such account on December 31 of any year may be transferred by the governing body of such locality into the general fund of such locality. §3.2-6535. Supplemental funds. Localities may supplement the dog and cat license tax fund
with other funds as they consider appropriate. Localities shall supplement the
dog and cat license tax fund to the extent necessary to provide for the salary
and expenses of the animal control officer and staff and the care and
maintenance of a §3.2-6545. Regulation of sale of animals procured from animal shelters. Any locality that maintains or supports, in whole or in part,
a §3.2-6546. County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief. A. For purposes of this section: "Animal" shall not include agricultural animals. "Rightful owner" means a person with a right of property in the animal. B. The governing body of each county or city shall maintain or
cause to be maintained a 1. The 2. The 3. If a person contacts the 4. The 5. The 6. The C. An animal confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. In addition to this and any other fees that might be levied, the locality may, after a public hearing, adopt an ordinance to charge the owner of an animal a fee for impoundment and increased fees for subsequent impoundments of the same animal. D. If an animal confined pursuant to this section has not been
claimed upon expiration of the appropriate holding period as provided by
subsection C, it shall be deemed abandoned and become the property of the Such animal may be euthanized in accordance with the methods
approved by the State Veterinarian or disposed of by the methods set forth in
subdivisions 1 through 5. No 1. Release to any humane society, public or private animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur; 2. Adoption by a resident of the county or city where the 3. Adoption by a resident of an adjacent political subdivision of the Commonwealth, if the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment; 4. Adoption by any other person, provided that such person has
read and signed a statement specifying that he has never been convicted of
animal cruelty, neglect, or abandonment 5. Release for the purposes of adoption or euthanasia only, to
an animal shelter, or any other releasing agency located in and lawfully
operating under the laws of another state, provided that such animal shelter,
or other releasing agency: (i) maintains records that would comply with §
3.2-6557; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains
a signed statement from each of its directors, operators, staff, and animal
caregivers specifying that each individual has never been convicted of animal
cruelty, neglect, or abandonment, and updates such statement as changes occur;
and (iv) has provided to the For purposes of recordkeeping, release of an animal by a Any proceeds deriving from the gift, sale, or delivery of such
animals shall be paid directly to the treasurer of the locality. Any proceeds
deriving from the gift, sale, or delivery of such animals by E. Nothing in this section shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the State Veterinarian. F. Nothing in this section shall prohibit the immediate
euthanasia or disposal by the methods listed in subdivisions 1 through 5 of
subsection D of an animal that has been released to a G. Nothing in this section shall prohibit any feral dog or feral cat not bearing a collar, tag, tattoo, or other form of identification that, based on the written statement of a disinterested person, exhibits behavior that poses a risk of physical injury to any person confining the animal, from being euthanized after being kept for a period of not less than three days, at least one of which shall be a full business day, such period to commence on the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner. The statement of the disinterested person shall be kept with the animal as required by §3.2-6557. For purposes of this subsection, a disinterested person shall not include a person releasing or reporting the animal. H. No I. A J. If a K. The governing body shall require that the L. If this chapter or any laws governing §3.2-6548. Private animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief. A. B. Each private
animal shelter shall obtain a signed statement from each of its directors,
operators, staff, and animal caregivers specifying that the individual has
never been convicted of animal cruelty, neglect, or abandonment, and each C. The State Veterinarian or his representative shall inspect D. E. For purposes of recordkeeping, release of an animal by F. No private
animal shelter shall place a companion animal in a foster home with a foster
care provider unless the foster care provider has read and signed a statement
specifying that he has never been convicted of animal cruelty, neglect, or
abandonment, and the G. H. If I. No private animal shelter shall be operated in violation of any local zoning ordinance. J. K. If this chapter or any laws governing
private animal shelters are violated, the Commissioner may
bring an action to enjoin the violation or threatened violation of this chapter
or the regulations pursuant thereto regarding
private animal shelters, in the circuit court where the §3.2-6549. Releasing agencies other than public or private animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties. A. A releasing agency other than a 1. May confine and dispose of companion animals in accordance with subsections B through G of §3.2-6546; and 2. Shall keep accurate records of each companion animal received
for two years from the date of disposition of the companion animal. Records
shall: (i) include a description of the companion animal including species,
color, breed, sex, approximate weight, age, reason for release, owner's or
finder's name, address and telephone number, license number or other
identifying tags or markings, as well as disposition of the companion animal;
and (ii) be made available upon request to the Department, animal control
officers, and law-enforcement officers at mutually agreeable times. A releasing
agency other than a 3. For purposes of recordkeeping, release of a companion
animal by a releasing agency to a B. Each releasing agency other than a C. No releasing agency other than a D. A releasing agency other than a E. If a releasing agency other than a F. Any releasing agency other than a 1. Make a reasonable attempt to notify the owner of the companion animal, if the owner can be ascertained from any tag, license, collar, tattoo, or other identification or markings, or if the owner of the companion animal is otherwise known to the releasing agency; and 2. Notify the G. A releasing agency other than a H. No releasing agency other than a I. A releasing agency other than a §3.2-6550. Requirements for foster homes; penalty. In addition to any other requirements of this chapter, foster homes shall be subject to the following: 1. No foster home shall be operated in violation of any local zoning ordinance; and 2. No private residential
dwelling and its surrounding grounds that serves as a
foster home shall keep more than 50 companion animals Any foster home found in violation of this section may be subject to a civil penalty not to exceed $250. §3.2-6551. Notification by individuals finding companion animals; penalty. A. Any individual who finds a companion animal and 1. Make a reasonable attempt to notify the owner of the
companion animal 2. Notify the B. If an individual finds a companion animal and C. Any individual who violates this section may be subject to a civil penalty not to exceed $50 per companion animal. §3.2-6557. Animal control officers and humane investigators; limitations; records; penalties. A. No animal control officer, humane investigator, humane
society or custodian of any B. An animal control officer, law-enforcement officer, humane
investigator or custodian of any 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 C. Any animal control officer or custodian of any D. Custodians and animal control officers engaged in the
operation of a §18.2-144.2. Prohibition against making a false representation of ownership of an animal to a public or private animal shelter; penalty. A. It shall be unlawful for any person to deliver or release
any animal not owned by that person to a B. A violation of subsection A C. No §54.1-3423. Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees. A. The Board shall register an applicant to manufacture or distribute controlled substances included in Schedules I through V unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Board shall consider the following factors: 1. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels; 2. Compliance with applicable state and local law; 3. Any convictions of the applicant under any federal and state laws relating to any controlled substance; 4. Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion; 5. Furnishing by the applicant of false or fraudulent material in any application filed under this chapter; 6. Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and 7. Any other factors relevant to and consistent with the public health and safety. B. Registration under subsection A does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration. C. Practitioners must be registered to conduct research with controlled substances in Schedules II through VI. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this Commonwealth upon furnishing the evidence of that federal registration. D. The Board may register other persons or entities to possess controlled substances listed on Schedules II through VI upon a determination that (i) there is a documented need, (ii) the issuance of the registration is consistent with the public interest, (iii) the possession and subsequent use of the controlled substances complies with applicable state and federal laws and regulations, and (iv) the subsequent storage, use, and recordkeeping of the controlled substances will be under the general supervision of a licensed pharmacist, practitioner of medicine, osteopathy, podiatry, dentistry or veterinary medicine as specified in the Board's regulations. The Board shall consider, at a minimum, the factors listed in subsection A of this section in determining whether the registration shall be issued. Notwithstanding the exceptions listed in §54.1-3422 A, the Board may mandate a controlled substances registration for sites maintaining certain types and quantities of Schedules II through VI controlled substances as it may specify in its regulations. The Board shall promulgate regulations related to requirements or criteria for the issuance of such controlled substances registration, storage, security, supervision, and recordkeeping. E. The Board may register F. The Board may register a crisis stabilization unit established pursuant to §37.2-500 or 37.2-601 and licensed by the Department of Behavioral Health and Developmental Services to maintain a stock of Schedule VI controlled substances necessary for immediate treatment of patients admitted to the crisis stabilization unit, which may be accessed and administered by a nurse pursuant to a written or oral order of a prescriber in the absence of a prescriber. Schedule II through Schedule V controlled substances shall only be maintained if so authorized by federal law and Board regulations. G. Applications for controlled substances registration certificates and renewals thereof shall be made on a form prescribed by the Board and such applications shall be accompanied by a fee in an amount to be determined by the Board. H. Upon (i) any change in ownership or control of a business,
(ii) any change of location of the controlled substances stock, (iii) the
termination of authority by or of the person named as the responsible party on
a controlled substances registration, or (iv) a change in the supervising
practitioner, if applicable, the registrant or responsible party shall
immediately surrender the registration. The registrant shall, within §54.1-3801. Exceptions. This chapter shall not apply to: 1. The owner of an animal and the owner's full-time, regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for the purpose of circumventing the requirements of this chapter; 2. Veterinarians licensed in other states called in actual consultation or to attend a case in this Commonwealth who do not open an office or appoint a place to practice within this Commonwealth; 3. Veterinarians employed by the United States or by this Commonwealth while actually engaged in the performance of their official duties; 4. Veterinarians providing free care in underserved areas of Virginia who (i) do not regularly practice veterinary medicine in Virginia, (ii) hold a current valid license or certificate to practice veterinary medicine in another state, territory, district or possession of the United States, (iii) volunteer to provide free care in an underserved area of this Commonwealth under the auspices of a publicly supported all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people, (iv) file copies of their licenses or certificates issued in such other jurisdiction with the Board, (v) notify the Board at least five business days prior to the voluntary provision of services of the dates and location of such service, and (vi) acknowledge, in writing, that such licensure exemption shall only be valid, in compliance with the Board's regulations, during the limited period that such free health care is made available through the volunteer, nonprofit organization on the dates and at the location filed with the Board. The Board may deny the right to practice in Virginia to any veterinarian whose license has been previously suspended or revoked, who has been convicted of a felony or who is otherwise found to be in violation of applicable laws or regulations. However, the Board shall allow a veterinarian who meets the above criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state; or 5. Persons purchasing, possessing, and administering drugs in |
