As used in this chapter, unless otherwise required by the context:
(a) “Adoption” means the transfer of ownership of a dog or cat from a releasing agency to an individual.
(b) “Agricultural animals” means all livestock and poultry.
(c) “Animal” means any nonhuman vertebrate species except fish. For the purposes of Section 612.18, animal means any species susceptible to rabies. For the purposes of Section 612.24, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner.
(d) “Animal shelter.” For purposes of this chapter, “animal shelter” means the Loudoun County Animal Shelter.
(e) “Animal Control Officer” or “Deputy Animal Control Officer” means any person appointed as an animal control officer or deputy animal control officer as provided in 3.2-6555 of the Code of Virginia. (Changed by L. 1991, ch. 348; L. 1993, chs. 174, 959, eff. 7/1/93.)
(f) “Board” means the Loudoun County Board of Supervisors.
(g) “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 that does not cause trauma or injury to the animal.
(h) “Companion animal” means any domestic or feral dog, domestic or feral cat, non-human 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 persons or any animal which 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.
(i) “Confinement” means confinement of the animal in a building, pen or by some other suitable escape-proof method or enclosure. The animal cannot be removed from confinement unless on a leash and under the immediate control of a responsible adult. The animal cannot be moved from the premises unless permission is obtained from the Health Director.
(j) “Current rabies vaccination” means a dog or cat has received a rabies immunization not less than thirty days prior to a bite incident or is protected by a previous rabies immunization. The rabies vaccine shall have been administered by a licensed veterinarian within the period of time for which the specific vaccine was intended by the manufacturer and is licensed by the United States Department of Agriculture to provide protection. A dog or cat which receives its first vaccination between three and twelve months of age is required to be revaccinated one year after the date of the first vaccination, irrespective of the type of vaccine used. (Ord. 83-01. Passed 1-18-83.)
The vaccination of a wild animal with any type of rabies vaccine not licensed by the United States Department of Agriculture for that animal is not deemed to be protection against rabies.
(k) “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.
(l) “Department” means the Loudoun County Department of Animal Services.
(m) “Emergency veterinary treatment” means veterinary treatment to stabilize a life- threatening condition, alleviate suffering, prevent further disease transmission or prevent further disease progression.
(n) “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 which causes painless loss of consciousness, and death during such loss of consciousness.
(o) “Fee schedule” means the Department policy that sets the charges to be imposed for items not otherwise established in this Chapter, including, but not limited to, the adoption, boarding, and/or impoundment of animals. Such policy shall consider the maximum feasible cost recovery, market conditions and the optimization of the live release rate for all animals in the care or custody of the Department.
(p) “Home-based rescue” means an animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes. No home-based rescue shall operate in violation of any local zoning.
(q) “Humane” means any action taken in consideration of and with the intent to provide for the animal's health and well-being.
(r) “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.
(s) “Kennel” means any establishment in which five or more dogs are kept for the purpose of breeding, hunting, renting, buying, selling, or showing.
(t) “Leash” means a secure chain, rope, strap or similar device that is attached to the collar or harness of a dog or other animal, used to lead or maintain physical restraint and control of the animal by an owner or custodian.
(u) “Livestock” includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities as defined in Virginia Code 3.2-2600; enclosed domestic rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.
(v) “Other officer” includes any other person employed or elected by the people of the Commonwealth or by the County or any incorporated town therein whose duty it is to preserve the peace, to make arrests or to enforce the law.
(w) “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.
(x) “Person” means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
(y) “Pet Shop” means any establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public.
(z) “Poultry” includes all domestic fowl and game birds raised in captivity.
(aa) “Premises of the owner” means any area within or immediately contiguous to the owner's residence, where a confined animal can be competently observed and controlled by the owner. (Ord. 82-05. Passed 4-19-82.)
(bb) “Proof of ownership” includes, but is not limited to, veterinary record, rabies vaccination certificate, license, photograph, bill of sale, breed registry, written transfer of ownership, or verbal or written third party verification.
(cc) “Quarantine” means the strict isolation of an animal for a designated period of time in a veterinary hospital, the Animal Shelter, or at the owner's residence that prevents direct contact between the animal and any human or animal, but allows for the feeding and watering of the animal and cleaning of the enclosure. The local Health Director or designee shall approve of the adequacy of the method used.
(dd) “Releasing agency” means(i) a public animal shelter or (ii) a private 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.
(ee) “Sterilize or sterilization” means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
(ff) “Treasurer” includes the Treasurer of the County or his lawfully designated agent. (Ord. 82-05. Passed 4-19-82.)
(gg) “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.
(hh) “Wild or exotic animal” means any live non-human primate, raccoon, skunk, wolf or hybrid canine, coyote, squirrel, fox, leopard, panther, tiger, lion, cheetah, bear, wild cat (e.g. bobcat, lynx and caracal, serval, ocelot), crocodilian (e.g. alligators, caimans, gavials) venomous snake, venomous reptile, scorpions (other than those in the genus Pandinus); widow, recluse, funnel-web, banana/wandering, sand or trap-door spiders and tarantulas (except those native to North or South America and the Mexican redknee variety) or any other warm-blooded mammal or marsupial that can normally be found in a wild state. All domestically bred or legally imported birds, ratites, non-venomous snakes, non-venomous reptiles, rear-fanged snakes, amphibians, fish, ferrets, rabbits, rats, mice, gerbils, chinchillas, hedgehogs, sugar gliders and guinea pigs which have been bred in captivity shall be excluded from this definition.
(Ord. 98-11. Passed 10-7-98; Ord. 03-12. Passed 9-15-03; Ord. 08-19. Passed 12-8-08; Ord. 09-05. Passed 2-3-09; Ord. 09-15. Passed 9-8-09; Ord. 11-03. Passed 3-14-11; Ord. 17-04. Passed 2-15-17; Ord. 17-09. Passed 10-3-17; Ord. 23-06. Passed 3-7-23.)