City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0019
AN ORDINANCE TO AMEND CHAPTER 5 OF
THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED ANIMALS BY ADDING THERETO
A NEW ARTICLE VII ENTITLED CANINE HYBRIDS.
ARTICLE VII. HYBRID CANINES
Sec. 5-106. Definitions.
Unless otherwise expressly stated or the
content clearly indicates a different intention, the following words and terms
shall have the meaning indicated 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 canine is determined to be a
dangerous dog pursuant to 3.2-6540 of the Code of Virginia or 5-42 of this
Chapter, 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 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 that 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
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.
Sec. 5-107. Permit--Required.
It shall be unlawful for any person
to import into the city or liberate herein or possess herein any hybrid canine
except pursuant to a hybrid canine permit issued by the City of Hampton pursuant to the provisions of this article.
Sec. 5-108. Same--Application fee.
person seeking a hybrid canine permit shall complete an application provided by
the City of Hampton including following:
address, phone number and age of the applicant.
gender, color, age, sex, vaccination history and origin of the hybrid canine.
of the hybrid canine shall be provided by the applicant sufficient (to the
satisfaction of the animal control officer) to show the size, color and any
identifying marks or characteristics of the hybrid canine.
(4) An executed
consent form authorizing the animal control officer or designee to inspect the
premises where the hybrid canine is confined for the sole reason of ensuring
that the owner is in compliance with the permit and this article.
application for a hybrid canine permit shall be accompanied by payment of an
application fee in the amount of fifty dollars ($50.00).
Sec. 5-109. Same--Duration,
scope and conditions.
hybrid canine permit issued in accordance with this article shall be valid for
a period of no more than one year from the date of issuance. The permittee
shall have sole responsibility for ensuring that all permit renewals are timely
initiated to ensure that a valid permit is continuously in effect throughout
the period the permittee's ownership of a hybrid canine within the city.
permittee shall own more than two (2) hybrid canines at any time. A separate
permit shall be obtained for each hybrid canine owned by the permittee.
permits issued in accordance with this article shall be subject to the
hybrid canine shall wear a collar bearing identification, including the name,
address and telephone number of the owner of the hybrid canine.
hybrid canine shall be maintained in an adequate confinement, as defined in
hybrid canine shall be muzzled and kept under the control of a competent adult
handler, on a leash, lead, rope or chain whenever it is not on the property of
permit may be revoked or not renewed if the owner has failed to renew any
required permit or has violated a provision of the permit or this article or
any other law pertaining to the responsible ownership of the hybrid canine,
including, but not limited to, the escape of the animal from the confinement or
any death, damage or injury caused by the hybrid canine.
person, whether an owner, agent or employee, violating, causing, or permitting
the violation of this article or the conditions of the permit shall be guilty
of a class 3 misdemeanor for the first violation and a class 1 misdemeanor for
a second or a subsequent violation. Upon conviction of a violation of this
article, the violator shall surrender custody of the hybrid canine to the
animal control officer for euthanasia in accordance with section 3.2-6562 of
the 1950 Code of Virginia, as amended.
the regular meeting of the City Council of the City of Hampton, Virginia held
on September 24, 2008.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council