(a) In General. Any animal found abandoned, neglected, cruelly treated, or in such a condition as to constitute a direct and immediate threat to its life, safety or health may be seized pursuant to Section 3.2-6569 of the Code of Virginia of 1950, as amended, and humanely disposed of by sale, adoption or euthanasia at the discretion of the Director after ten days following the date on which the animal was seized or in accordance with a judicial determination by the General District Court that the owner is unable to adequately provide for the animal or is not a fit person to own the animal, provided, however, that the hearing required by Section 3.2-6569 of the Code of Virginia of 1950, as amended, to be set within ten days of the date of seizure, may be continued to a later date if the owner of the animal provides a cash or corporate surety bond in accordance with subsection (b) hereof.
(b) Postponement of Disposal by Posting Security. A person claiming an interest in any animal confined under subsection (a) hereof pursuant to Section 3.2-6569 of the Code of Virginia of 1950, as amended, may prevent disposition of the animal after the ten-day period set forth in subsection (a) hereof by posting a cash or corporate surety bond with the Treasurer prior to expiration of the ten-day period in an amount sufficient to secure payment for all reasonable expenses incurred in caring and providing for the animal, including estimated medical care, for at least thirty days, not to exceed nine months, inclusive of the date on which the animal was seized. However, such bond or security shall not prevent the authority having custody of the animal from disposing of such animal at the end of the period covered by the bond or security. The amount of the bond shall be determined by the Director, based on the current rate for board and on the condition of the animal after examination of the animal by a licensed veterinarian. At the conclusion of the case, the bond shall be forfeited to the County if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care. If the court determines that the animal has been (i) abandoned or cruelly treated, (ii) deprived of adequate care, as that term is defined in § 3.2-6500, or (iii) raised as a dog that has been, is, or is intended to be used in dogfighting in violation of § 3.2-6571, then the court shall order that the animal may be: (a) sold by the County, if not a companion animal; (b) disposal of by the County pursuant to subsection D of § 3.2-6546, whether such animal is a companion animal or an agricultural animal; or (c) delivered to the person with a right of property in the animal as provided in subsection (c). The bond shall not be forfeited if the owner is found to be not guilty of the violation.
In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care. The court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person.
(c) Notice. The authority taking custody of the animal under the foregoing provisions shall, within twenty-four hours, give notice of this section by posting a copy of it at the location where the animal was seized or by delivering it to a person residing on the property of the owner.
(Ord. 98-11. Passed 10-7-98; Ord. 09-05. Passed 2-3-09; Ord. 11-03. Passed 3-14-11; Ord. 17- 04. Passed 2-15-17; Ord. 17-09. Passed 10-3-17.)