(a) All animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. Acts deemed a public nuisance shall include but are not limited to the following:
(1) Attacks a companion animal (other than a dog or cat) so as to cause injury, unless such animal trespassed upon the property on which the attacking animal is kept;
(2) Is causing a traffic hazard; or
(3) Trespasses upon other's property and causes damage to that property.
(b) A dog shall also be deemed a public nuisance if it:
(1) Commits acts resulting in two or more convictions of its owner for a violation of Section 612.13 (Running at large) within a twenty-four (24) month period;
(2) Commits acts resulting in one or more convictions of its owner for violating section 612.19(5) (Dog noise) within a twenty-four (24) month period; or
(3) Commits acts resulting in one or more convictions of Running at Large where the dog was found on school property or at a public park.
(c) The owner of any animal(s) suspected of constituting a public nuisance shall be issued a summons to appear in general district court to show-cause why such animal should not be found to be a public nuisance.
(1) The Animal Control Officer shall confine the animal(s) at the Loudoun County Animal Shelter until the court has rendered a final decision in the case.
(2) The owner shall be responsible for the impoundment and boarding fees of any such animal, which shall be payable to the County of Loudoun.
(3) The Animal Control Officer may permit the owner to confine the animal until a verdict is rendered if the officer determines that the owner can do so in a manner that will prevent it from further causing a public nuisance.
(4) Large animals may be confined in a manner and at a location determined appropriate by the Animal Control Officer.
(d) Upon proof that such animal does constitute a public nuisance the general district court may order the owner to do any of the following:
(1) Surrender the animal to the Department;
(2) Properly confine it; or
(3) Any other manner of abatement the court may deem to be appropriate.
No person shall fail to comply with such an order.
Any person that fails to comply with an order abating the nuisance shall be guilty of a class 1 misdemeanor.
Any person found guilty of violating any other provision of this section shall be guilty of a class 3 misdemeanor.
(Ord. 11-09. Passed 9-12-11; Ord. 17-04. Passed 2-15-17; Ord. 17-09. Passed 10-3-17.)