§ 4-1 — Definitions

Sec. 4-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adoption means the transfer of ownership of a dog or cat from a releasing agency to an individual. Animal means any nonhuman vertebrate species except fish. For the purposes of section 4-374, the term "animal" means any species susceptible to rabies. For the purposes of section 4-96, the term "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 pursuant to Code of Virginia, § 3.2-6555. Animal shelter means a facility operated by a humane society, or by the City for the purpose of impounding or caring for animals held under the authority of this chapter. Cat means any domestic feline animal (Felis domesticus), male or female, whether spayed or neutered. Commercial animal establishment means any pet shop, auction, riding school, stable, kennel, zoological park, circus, hatchery, veterinary hospital, performing animal exhibition, or any lot, building, structure, enclosure, or premises used for the business of buying selling, grooming, breeding, or boarding of 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. No agricultural animal or game species, or animal actively involved in bona fide scientific or medical experimentation shall be considered a companion animal for the purposes of this chapter. Dangerous dog means: (1) A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal that is a dog or cat or killed a companion animal that is a dog or cat. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law enforcement officer or animal control officer finds that: a. No serious physical injury, as determined by a licensed veterinarian, has occurred to the dog or cat as a result of the attack or bite; b. Both animals are owned by the same person; or c. Such attack occurred on the property of the attacking or biting dog's owner or custodian; or (2) A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law enforcement officer or animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. Department means the Office of Animal Care and Control. Director means the Program Manager of the Department or an authorized representative thereof. Dog means any domestic animal of the specie canine (Canis familiaris), male or female, whether spayed or neutered, and includes hybrid canines as defined in Section 4-213. Dog or cat license means a privilege granted, on compliance with the terms of Chapter 26, to own, keep, harbor or have custody or control of a dog or cat legally within the City during the calendar year. Dog or cat license tag means a metal tag for attachment to a dog or cat collar, carrying a serial number corresponding to the number of the dog or cat license for such animal, and showing the calendar year the license is in effect and the sex of the dog or cat and the name of the jurisdiction enforcing the license law. Enclosure means confining a dog indoors or confined in an enclosed and lockable structure of sufficient height and design to prevent its escape from the owner's premises, which may include, but is not limited to, a fenced yard. Fowl means all domestic birds and game birds, except pigeons, raised in captivity, including, but not limited to, chickens, ducks, geese, swans, turkeys and guinea fowl. Harboring a dog or cat means to knowingly permit a dog or cat to remain on or about the premises occupied by such person and the providing of food, water and/or care for three or more days. Has been bitten means has been seized with the teeth or jaws so that the skin of the person or animal seized has been nipped or gripped or has been wounded or pierced, including scratches, and includes probable contact of saliva with a break or abrasion of the skin. The term "has been bitten" also includes contact of saliva with any mucous membrane. Humane investigator means any person designated pursuant to Code of Virginia, § 3.2-6558. Impound means to take into custody or to place in the City animal shelter. Kennel means the keeping of six or more canines, felines, or hybrids. Licensed veterinarian means a veterinarian licensed by the State Board of Veterinary Examiners. Owner means any person who: (1) Has a right of property in an animal; (2) Keeps or harbors an animal; (3) Has an animal in his care; or (4) Acts as a custodian of an animal. Any person who knowingly permits a dog or cat to remain on or about any premises occupied by such person shall be considered to own the dog or cat. The term "owner" does not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others. Provocation means any purposeful act that causes an animal to bite, scratch, or attack in protection of itself, its owner or its owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter or other City ordinances would be considered provocation, irrespective of the reason for such entrance. Public nuisance means any animal of an owner which does one or more of the following: (1) Molests passersby or passing vehicles; (2) Attacks other animals, causing injury or death; (3) Attacks a person, causing injury, serious injury, or death; (4) Trespasses on school grounds, recreational areas or sites equipped and/or designated as tot lots; (5) Is repeatedly at large; (6) Damages private or public property; or (7) Barks, whines, howls, or makes other annoying noises in an excessive, continuous, or untimely fashion. Releasing agency means an animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or similar entity or home-based rescue that releases companion animals for adoption. Restraint means a handheld leash or lead and under the effective and immediate physical control of a responsible person. Serious injury means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention. Sterilization means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. To run at large and running at large mean to roam, loiter, walk or run on any public property or on any private property not owned, occupied or temporarily or permanently used by the animal's owner in the City. Vaccination against rabies means the inoculation of an animal with a rabies vaccine licensed for the species by the United States Department of Agriculture and recommended in the current Compendium of Animal Rabies Vaccines prepared by the National Association of State Public Health Veterinarians. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. Vicious dog means a dog which has: (1) Killed a person; (2) Inflicted serious injury to a person; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.

(Code 1993, § 4-1; Code 2004, § 10-1; Code 2015, § 4-1; Code 2020, § 4-1; Ord. No. 2008-28-48, § 2, 3-10-2008; Ord. No. 2010-21-67, § 2, 4-26-2010; Ord. No. 2010-110-116, § 1, 6-28-2010; Ord. No. 2012-58-37, § 1, 4-9-2012; Ord. No. 2013-244-2014-13, § 2, 2-10-2014; Ord. No. 2020-013, § 1, 1-27-2020; Ord. No. 2023-129, § 3[4], 5-8-2023)