§ 3-22. Confinement and disposition of animals.

(a)

Any animal which has been confined in the public animal shelter pursuant to this section shall be kept for a period not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof.

(b)

The operator or custodian of the pound shall make a reasonable effort to ascertain if the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the public animal shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next forty-eight hours following its confinement. If any companion animal confined pursuant to this section is claimed by its rightful owner, such owner will be charged an impound/pickup and a kennel fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended. If any other animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. The owner of any animal confined pursuant to this section may also be charged with the actual expenses of any veterinary care rendered while the animal was in the custody of Isle of Wight County.

(c)

If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection (a) or (b) herein, it shall be deemed abandoned and become the property of the public animal shelter. Such animal may be euthanized in accordance with the methods approved by the state veterinarian or disposed of by the methods set forth in subsections (1) through (5) below. No shelter shall release more than two animals or a family of animals during any thirty-day period to any one person under subsections (2), (3), or (4).

(1)

Release to any humane society, public or private animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, public or private animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;

(2)

Adoption by a resident of Isle of Wight County and who will pay the required adoption fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, on such animal, agrees to have the animal sterilized in accordance with the provisions of Section 3.2-6574 of the Code of Virginia (1950, as amended), and provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(3)

Adoption by a resident of an adjacent political subdivision of the Commonwealth and who will agree to have the animal sterilized in accordance with the provisions of Section 3.2-6574 of the Code of Virginia (1950, as amended), and provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

(4)

Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no animal may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the public animals shelter may require that the sterilization be done at the expense of the person adopting the animal; or

(5)

Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with the provisions of Section 3.2-6557 of the Code of Virginia (1950, as amended); (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the public or private animal shelter, or other releasing agency within the Commonwealth a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the provisions of adequate care and performance of humane euthanasia, as necessary, are in accordance with the provisions of this chapter.

(d)

For purposes of recordkeeping, release of an animal by a private animal shelter to a public or private animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.

(e)

No provision herein shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the state veterinarian.

(f)

Nothing in this section shall be construed to prohibit confinement of other companion animals in such a public animal shelter.

For the purposes of this section, the term "animal" shall not include agriculture animals. (6-18-15.)

(STATE LAW REFERENCE—Sec. 3.2-6546 of the Code of Virginia (1950, as amended).)