{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-6569.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-6569.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-6569.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-6569.html"}],"law_id":55376,"edition_id":1,"section_id":55376,"structure_id":13900,"section_number":"3.2-6569","catch_line":"Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale","history":"1984, c. 492, \u00a7 29-213.84; 1986, c. 362; 1987, c. 488, \u00a7 3.1-796.115; 1990, c. 322; 1992, c. 123; 1993, c. 119; 1994, c. 387; 1998, c. 817; 1999, c. 113; 2002, c. 500; 2008, cc. 510, 860; 2011, cc. 754, 886; 2019, cc. 536, 537; 2022, c. 614.","full_text":"A\n\nAny humane investigator, law-enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. The seizure or impoundment of an equine resulting from a violation of clause (iv) of subsection A or clause (ii) of subsection B of &#xA7; 3.2-6570 may be undertaken only by the State Veterinarian or State Veterinarian&#8217;s representative who has received training in the examination and detection of sore horses as required by 9 C.F.R. Part 11.7.B\n\nBefore seizing or impounding any agricultural animal, the humane investigator, law-enforcement officer or animal control officer shall contact the State Veterinarian or State Veterinarian&#8217;s representative, who shall recommend to the person the most appropriate action for effecting the seizure and impoundment. The humane investigator, law-enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The humane investigator, law-enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if:1\n\nThe owner or tenant of the land where the agricultural animal is located gives written permission;2\n\nA general district court so orders; or3\n\nThe owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained.\n\t\t\t\tIf there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the location of impoundment, and any other information required by the State Veterinarian.C\n\nUpon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county where the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care.D\n\nThe humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.E\n\nThe procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. Trial by jury shall be as provided in Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.F\n\nThe humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may require the owner of any animal held pursuant to this subsection for more than 30 days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set by ordinance, not to exceed nine months.\n\t\t\tIn any locality that has not adopted such an ordinance, a court may order the owner of an animal held pursuant to this subsection for more than 30 days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time not to exceed nine months. The bond shall not be forfeited if the owner is found to be not guilty of the violation.\n\t\t\tIf the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. 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 &#xA7; 3.2-6500, or (iii) raised as a dog that has been, is, or is intended to be used in dogfighting in violation of &#xA7; 3.2-6571, then the court shall order that the animal may be: (a) sold by a local governing body, if not a companion animal; (b) disposed of by a local governing body pursuant to subsection D of &#xA7; 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 G.G\n\nIn 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.H\n\nThe court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care.I\n\nThe court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner&#8217;s past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner&#8217;s mental and physical condition.J\n\nIf the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating &#xA7; 3.2-6504 or 3.2-6570. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner&#8217;s mental and physical condition.K\n\nAny person who is prohibited from owning or possessing animals pursuant to subsection I or J may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court&#8217;s order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.L\n\nWhen a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund.M\n\nNothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law-enforcement officer, animal control officer, or licensed veterinarian.","order_by":null,"text":{"0":{"id":203035,"text":"Any humane investigator, law-enforcement officer or animal control officer may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. The seizure or impoundment of an equine resulting from a violation of clause (iv) of subsection A or clause (ii) of subsection B of &#xA7; 3.2-6570 may be undertaken only by the State Veterinarian or State Veterinarian&#8217;s representative who has received training in the examination and detection of sore horses as required by 9 C.F.R. Part 11.7.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203036,"text":"Before seizing or impounding any agricultural animal, the humane investigator, law-enforcement officer or animal control officer shall contact the State Veterinarian or State Veterinarian&#8217;s representative, who shall recommend to the person the most appropriate action for effecting the seizure and impoundment. The humane investigator, law-enforcement officer or animal control officer shall notify the owner of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The humane investigator, law-enforcement officer or animal control officer may impound the agricultural animal on the land where the agricultural animal is located if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":203037,"text":"The owner or tenant of the land where the agricultural animal is located gives written permission;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":203038,"text":"A general district court so orders; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":203039,"text":"The owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained.\n\t\t\t\tIf there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the location of impoundment, and any other information required by the State Veterinarian.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":203040,"text":"Upon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county where the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":203041,"text":"The humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":203042,"text":"The procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. Trial by jury shall be as provided in Article 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":203043,"text":"The humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may require the owner of any animal held pursuant to this subsection for more than 30 days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set by ordinance, not to exceed nine months.\n\t\t\tIn any locality that has not adopted such an ordinance, a court may order the owner of an animal held pursuant to this subsection for more than 30 days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time not to exceed nine months. The bond shall not be forfeited if the owner is found to be not guilty of the violation.\n\t\t\tIf the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. 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 &#xA7; 3.2-6500, or (iii) raised as a dog that has been, is, or is intended to be used in dogfighting in violation of &#xA7; 3.2-6571, then the court shall order that the animal may be: (a) sold by a local governing body, if not a companion animal; (b) disposed of by a local governing body pursuant to subsection D of &#xA7; 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 G.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":203044,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":203045,"text":"The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":203046,"text":"The court may prohibit the possession or ownership of other companion animals by the owner of any companion animal found to have been abandoned, cruelly treated, or deprived of adequate care. In making a determination to prohibit the possession or ownership of companion animals, the court may take into consideration the owner&#8217;s past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner&#8217;s mental and physical condition.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":203047,"text":"If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may prohibit the possession or ownership of any other agricultural animal by the owner of the agricultural animal if the owner has exhibited a pattern of abandoning or cruelly treating agricultural animals as evidenced by previous convictions of violating &#xA7; 3.2-6504 or 3.2-6570. In making a determination to prohibit the possession or ownership of agricultural animals, the court may take into consideration the owner&#8217;s mental and physical condition.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"13":{"id":203048,"text":"Any person who is prohibited from owning or possessing animals pursuant to subsection I or J may petition the court to repeal the prohibition after two years have elapsed from the date of entry of the court&#8217;s order. The court may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the court that the cause for the prohibition has ceased to exist.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"14":{"id":203049,"text":"When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"15":{"id":203050,"text":"Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law-enforcement officer, animal control officer, or licensed veterinarian.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":13900,"edition_id":1,"name":"Search, Seizure, Impounding, and Enforcement","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":13170,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":198967,"object_type":"structure","relational_id":13900,"identifier":"8","token":"3.2\/V\/65\/8","url":"\/3.2\/V\/65\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13170,"edition_id":1,"name":"Comprehensive Animal Care","identifier":"65","label":"chapter","depth":3,"order_by":1,"parent_id":13169,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198459,"object_type":"structure","relational_id":13170,"identifier":"65","token":"3.2\/V\/65","url":"\/3.2\/V\/65\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13169,"edition_id":1,"name":"Domestic Animals","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198133,"object_type":"structure","relational_id":13169,"identifier":"V","token":"3.2\/V","url":"\/3.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62173,"structure_id":13900,"section_number":"3.2-6564","catch_line":"Complaint of suspected violation; investigation","url":"\/3.2-6564\/","token":"3.2\/V\/65\/8\/3.2-6564","metadata":false},{"id":54939,"structure_id":13900,"section_number":"3.2-6565","catch_line":"Impoundment; expenses; lien; disposition of animal","url":"\/3.2-6565\/","token":"3.2\/V\/65\/8\/3.2-6565","metadata":false},{"id":68802,"structure_id":13900,"section_number":"3.2-6566","catch_line":"Preventing cruelty to animals; interference; penalty","url":"\/3.2-6566\/","token":"3.2\/V\/65\/8\/3.2-6566","metadata":false},{"id":79880,"structure_id":13900,"section_number":"3.2-6567","catch_line":"Enforcement authority","url":"\/3.2-6567\/","token":"3.2\/V\/65\/8\/3.2-6567","metadata":false},{"id":76161,"structure_id":13900,"section_number":"3.2-6568","catch_line":"Power of search for violations of statutes against cruelty to animals","url":"\/3.2-6568\/","token":"3.2\/V\/65\/8\/3.2-6568","metadata":false},{"id":55376,"structure_id":13900,"section_number":"3.2-6569","catch_line":"Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale","url":"\/3.2-6569\/","token":"3.2\/V\/65\/8\/3.2-6569","metadata":false}],"previous_section":{"id":76161,"structure_id":13900,"section_number":"3.2-6568","catch_line":"Power of search for violations of statutes against cruelty to animals","url":"\/3.2-6568\/","token":"3.2\/V\/65\/8\/3.2-6568","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-6569\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 492 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 362; in 1987, chapter 488; in 1990, chapter 322; in 1992, chapter 123; in 1993, chapter 119; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0387\">387<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0817\">817<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0113\">113<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0500\">500<\/a>; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0510\">510<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0754\">754<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0886\">886<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0536\">536<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0537\">537<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0614\">614<\/a>.<\/p>","references":[{"id":78689,"section_number":"3.2-6543","catch_line":"Governing body of any locality may adopt certain ordinances","order_by":null,"url":"\/3.2-6543\/"},{"id":54939,"section_number":"3.2-6565","catch_line":"Impoundment; expenses; lien; disposition of animal","order_by":null,"url":"\/3.2-6565\/"}],"refers_to":[{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"id":86401,"section_number":"3.2-6500","catch_line":"Definitions","order_by":null,"url":"\/3.2-6500\/"},{"id":57920,"section_number":"3.2-6504","catch_line":"Abandonment of animal; penalty","order_by":null,"url":"\/3.2-6504\/"},{"id":84667,"section_number":"3.2-6546","catch_line":"County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief","order_by":null,"url":"\/3.2-6546\/"},{"id":72218,"section_number":"3.2-6570","catch_line":"Cruelty to animals; penalty","order_by":null,"url":"\/3.2-6570\/"},{"id":54687,"section_number":"3.2-6571","catch_line":"Animal fighting; penalty","order_by":null,"url":"\/3.2-6571\/"}],"permalink":{"id":198989,"object_type":"law","relational_id":55376,"identifier":"3.2-6569","token":"3.2\/V\/65\/8\/3.2-6569","url":"\/3.2-6569\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-6569\/","token":"3.2\/V\/65\/8\/3.2-6569","dublin_core":{"Title":"Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-6569","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> may lawfully seize and impound any animal that has been abandoned, has been cruelly treated, or is suffering from an apparent violation of this chapter that has rendered the animal in such a condition as to constitute a <span class=\"dictionary\">direct and immediate threat<\/span> to its life, safety or health. The seizure or impoundment of an equine resulting from a violation of clause (iv) of subsection A or clause (ii) of subsection B of &#xA7; <a class=\"law\" title=\"Cruelty to animals; penalty\" href=\"\/3.2-6570\/\">3.2-6570<\/a> may be undertaken only by the <span class=\"dictionary\">State Veterinarian<\/span> or <span class=\"dictionary\">State Veterinarian<\/span>&#8217;s representative who has received training in the examination and detection of sore <span class=\"dictionary\">horses<\/span> as required by 9 C.F.R. Part 11.7. <a id=\"paragraph-203035\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Before seizing or impounding any agricultural animal, the <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> shall contact the <span class=\"dictionary\">State Veterinarian<\/span> or <span class=\"dictionary\">State Veterinarian<\/span>&#8217;s representative, who shall recommend to the person the most appropriate action for effecting the seizure and impoundment. The <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> shall notify the <span class=\"dictionary\">owner<\/span> of the agricultural animal and the local attorney for the Commonwealth of the recommendation. The <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> may impound the agricultural animal on the land where the agricultural animal is located if: <a id=\"paragraph-203036\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">owner<\/span> or tenant of the land where the agricultural animal is located gives written permission; <a id=\"paragraph-203037\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A general district <span class=\"dictionary\">court<\/span> so <span class=\"dictionary\">orders<\/span>; or <a id=\"paragraph-203038\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">owner<\/span> or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the <span class=\"dictionary\">owner<\/span> or tenant of the land can be obtained.\n\t\t\t\tIf there is a <span class=\"dictionary\">direct and immediate threat<\/span> to an agricultural animal, the <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> may seize the animal, in which case the <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> shall file within five business days on a form approved by the <span class=\"dictionary\">State Veterinarian<\/span> a report on the condition of the animal at the time of the seizure, the location of impoundment, and any other information required by the <span class=\"dictionary\">State Veterinarian<\/span>. <a id=\"paragraph-203039\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Upon seizing or impounding an animal, the <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or <span class=\"dictionary\">animal control officer<\/span> shall <span class=\"dictionary\">petition<\/span> the general district <span class=\"dictionary\">court<\/span> in the city or county where the animal is seized for a <span class=\"dictionary\">hearing<\/span>. The <span class=\"dictionary\">hearing<\/span> shall be not more than 10 business days from the date of the seizure of the animal. The <span class=\"dictionary\">hearing<\/span> shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided <span class=\"dictionary\">adequate care<\/span>. <a id=\"paragraph-203040\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span>, or <span class=\"dictionary\">animal control officer<\/span> shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the <span class=\"dictionary\">hearing<\/span>. If such person or the custodian is known and residing within the <span class=\"dictionary\">jurisdiction<\/span> wherein the animal is seized, written notice shall be given at least five days prior to the <span class=\"dictionary\">hearing<\/span> of the time and place of the <span class=\"dictionary\">hearing<\/span>. If such person or the custodian is known but residing out of the <span class=\"dictionary\">jurisdiction<\/span> where such animal is seized, written notice by any method or <span class=\"dictionary\">service of process<\/span> as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span>, or <span class=\"dictionary\">animal control officer<\/span> shall cause to be published in a newspaper of general circulation in the <span class=\"dictionary\">jurisdiction<\/span> wherein such animal is seized notice of the <span class=\"dictionary\">hearing<\/span> at least one time prior to the <span class=\"dictionary\">hearing<\/span> and shall further cause notice of the <span class=\"dictionary\">hearing<\/span> to be posted at least five days prior to the <span class=\"dictionary\">hearing<\/span> at the place provided for public notices at the city hall or courthouse wherein such <span class=\"dictionary\">hearing<\/span> shall be held. <a id=\"paragraph-203041\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The procedure for <span class=\"dictionary\">appeal<\/span> and <span class=\"dictionary\">trial<\/span> shall be the same as provided by <span class=\"dictionary\">law<\/span> for <span class=\"dictionary\">misdemeanors<\/span>, except that unless good cause is determined by the <span class=\"dictionary\">court<\/span>, an <span class=\"dictionary\">appeal<\/span> shall be heard within 30 days. <span class=\"dictionary\">Trial<\/span> by <span class=\"dictionary\">jury<\/span> shall be as provided in Article 4 (&#xA7; <a class=\"law\" title=\"Provisions of Title 8.01 apply except as provided in this article\" href=\"\/19.2-260\/\">19.2-260<\/a> et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case <span class=\"dictionary\">beyond a reasonable doubt<\/span>. <a id=\"paragraph-203042\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span>, or <span class=\"dictionary\">animal control officer<\/span> shall provide for such animal until the <span class=\"dictionary\">court<\/span> has concluded the <span class=\"dictionary\">hearing<\/span>. Any locality may require the <span class=\"dictionary\">owner<\/span> of any animal held pursuant to this subsection for more than 30 days to post a <span class=\"dictionary\">bond<\/span> in <span class=\"dictionary\">surety<\/span> with the locality for the amount of the cost of boarding the animal for a period of time set by <span class=\"dictionary\">ordinance<\/span>, not to exceed nine months.\n\t\t\tIn any locality that has not adopted such an <span class=\"dictionary\">ordinance<\/span>, a <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">owner<\/span> of an animal held pursuant to this subsection for more than 30 days to post a <span class=\"dictionary\">bond<\/span> in <span class=\"dictionary\">surety<\/span> with the locality for the amount of the cost of boarding the animal for a period of time not to exceed nine months. The <span class=\"dictionary\">bond<\/span> shall not be forfeited if the <span class=\"dictionary\">owner<\/span> is found to be not guilty of the violation.\n\t\t\tIf the <span class=\"dictionary\">court<\/span> determines that the animal has been neither abandoned, cruelly treated, nor deprived of <span class=\"dictionary\">adequate care<\/span>, the animal shall be returned to the <span class=\"dictionary\">owner<\/span>. If the <span class=\"dictionary\">court<\/span> determines that the animal has been (i) abandoned or cruelly treated, (ii) deprived of <span class=\"dictionary\">adequate care<\/span>, as that term is defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/3.2-6500\/\">3.2-6500<\/a>, or (iii) raised as a dog that has been, is, or is intended to be used in dogfighting in violation of &#xA7; <a class=\"law\" title=\"Animal fighting; penalty\" href=\"\/3.2-6571\/\">3.2-6571<\/a>, then the <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> that the animal may be: (a) sold by a local governing body, if not a <span class=\"dictionary\">companion animal<\/span>; (b) disposed of by a local governing body pursuant to subsection D of &#xA7; <a class=\"law\" title=\"County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief\" href=\"\/3.2-6546\/\">3.2-6546<\/a>, whether such animal is a <span class=\"dictionary\">companion animal<\/span> or an agricultural animal; or (c) delivered to the person with a right of property in the animal as provided in subsection G. <a id=\"paragraph-203043\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> In no case shall the <span class=\"dictionary\">owner<\/span> be allowed to purchase, adopt, or otherwise obtain the animal if the <span class=\"dictionary\">court<\/span> determines that the animal has been abandoned, cruelly treated, or deprived of <span class=\"dictionary\">adequate care<\/span>. The <span class=\"dictionary\">court<\/span> shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the <span class=\"dictionary\">court<\/span> finds that the abandonment, cruel <span class=\"dictionary\">treatment<\/span>, or deprivation of <span class=\"dictionary\">adequate care<\/span> is not attributable to the actions or inactions of such person. <a id=\"paragraph-203044\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">owner<\/span> of any animal determined to have been abandoned, cruelly treated, or deprived of <span class=\"dictionary\">adequate care<\/span> to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care. <a id=\"paragraph-203045\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> The <span class=\"dictionary\">court<\/span> may prohibit the <span class=\"dictionary\">possession<\/span> or ownership of other <span class=\"dictionary\">companion animals<\/span> by the <span class=\"dictionary\">owner<\/span> of any <span class=\"dictionary\">companion animal<\/span> found to have been abandoned, cruelly treated, or deprived of <span class=\"dictionary\">adequate care<\/span>. In making a determination to prohibit the <span class=\"dictionary\">possession<\/span> or ownership of <span class=\"dictionary\">companion animals<\/span>, the <span class=\"dictionary\">court<\/span> may take into consideration the <span class=\"dictionary\">owner<\/span>&#8217;s past record of <span class=\"dictionary\">convictions<\/span> under this chapter or other <span class=\"dictionary\">laws<\/span> prohibiting cruelty to animals or pertaining to the care or <span class=\"dictionary\">treatment<\/span> of animals and the <span class=\"dictionary\">owner<\/span>&#8217;s mental and physical condition. <a id=\"paragraph-203046\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> If the <span class=\"dictionary\">court<\/span> finds that an agricultural animal has been abandoned or cruelly treated, the <span class=\"dictionary\">court<\/span> may prohibit the <span class=\"dictionary\">possession<\/span> or ownership of any other agricultural animal by the <span class=\"dictionary\">owner<\/span> of the agricultural animal if the <span class=\"dictionary\">owner<\/span> has exhibited a pattern of abandoning or cruelly treating <span class=\"dictionary\">agricultural animals<\/span> as evidenced by previous <span class=\"dictionary\">convictions<\/span> of violating &#xA7; <a class=\"law\" title=\"Abandonment of animal; penalty\" href=\"\/3.2-6504\/\">3.2-6504<\/a> or <a class=\"law\" title=\"Cruelty to animals; penalty\" href=\"\/3.2-6570\/\">3.2-6570<\/a>. In making a determination to prohibit the <span class=\"dictionary\">possession<\/span> or ownership of <span class=\"dictionary\">agricultural animals<\/span>, the <span class=\"dictionary\">court<\/span> may take into consideration the <span class=\"dictionary\">owner<\/span>&#8217;s mental and physical condition. <a id=\"paragraph-203047\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> Any person who is prohibited from owning or possessing animals pursuant to subsection I or J may <span class=\"dictionary\">petition<\/span> the <span class=\"dictionary\">court<\/span> to repeal the prohibition after two years have elapsed from the date of entry of the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">order<\/span>. The <span class=\"dictionary\">court<\/span> may, in its discretion, repeal the prohibition if the person can prove to the satisfaction of the <span class=\"dictionary\">court<\/span> that the cause for the prohibition has ceased to exist. <a id=\"paragraph-203048\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"L\"><p><span class=\"prefix-number\">L.<\/span> When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the <span class=\"dictionary\">owner<\/span> of the animal. If the <span class=\"dictionary\">owner<\/span> of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund. <a id=\"paragraph-203049\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#L\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"M\"><p><span class=\"prefix-number\">M.<\/span> Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding <span class=\"dictionary\">humane investigator<\/span>, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span>, <span class=\"dictionary\">animal control officer<\/span>, or licensed veterinarian. <a id=\"paragraph-203050\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6569\/#M\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSEIZURE AND IMPOUNDMENT OF ANIMALS; NOTICE AND HEARING; DISPOSITION OF ANIMAL;\nDISPOSITION OF PROCEEDS UPON SALE (\u00a7 3.2-6569)\n\nA. Any humane investigator, law-enforcement officer or animal control officer\nmay lawfully seize and impound any animal that has been abandoned, has been\ncruelly treated, or is suffering from an apparent violation of this chapter that\nhas rendered the animal in such a condition as to constitute a direct and\nimmediate threat to its life, safety or health. The seizure or impoundment of an\nequine resulting from a violation of clause (iv) of subsection A or clause (ii)\nof subsection B of &#xA7; 3.2-6570 may be undertaken only by the State\nVeterinarian or State Veterinarian&#8217;s representative who has received\ntraining in the examination and detection of sore horses as required by 9 C.F.R.\nPart 11.7.\n\nB. Before seizing or impounding any agricultural animal, the humane\ninvestigator, law-enforcement officer or animal control officer shall contact\nthe State Veterinarian or State Veterinarian&#8217;s representative, who shall\nrecommend to the person the most appropriate action for effecting the seizure\nand impoundment. The humane investigator, law-enforcement officer or animal\ncontrol officer shall notify the owner of the agricultural animal and the local\nattorney for the Commonwealth of the recommendation. The humane investigator,\nlaw-enforcement officer or animal control officer may impound the agricultural\nanimal on the land where the agricultural animal is located if:\n\n   1. The owner or tenant of the land where the agricultural animal is located\n   gives written permission;\n\n   2. A general district court so orders; or\n\n   3. The owner or tenant of the land where the agricultural animal is located\n   cannot be immediately located, and it is in the best interest of the\n   agricultural animal to be impounded on the land where it is located until the\n   written permission of the owner or tenant of the land can be obtained.\n   \t\t\t\tIf there is a direct and immediate threat to an agricultural animal, the\n   humane investigator, law-enforcement officer or animal control officer may\n   seize the animal, in which case the humane investigator, law-enforcement\n   officer or animal control officer shall file within five business days on a\n   form approved by the State Veterinarian a report on the condition of the\n   animal at the time of the seizure, the location of impoundment, and any other\n   information required by the State Veterinarian.\n\nC. Upon seizing or impounding an animal, the humane investigator,\nlaw-enforcement officer or animal control officer shall petition the general\ndistrict court in the city or county where the animal is seized for a hearing.\nThe hearing shall be not more than 10 business days from the date of the seizure\nof the animal. The hearing shall be to determine whether the animal has been\nabandoned, has been cruelly treated, or has not been provided adequate care.\n\nD. The humane investigator, law-enforcement officer, or animal control officer\nshall cause to be served upon the person with a right of property in the animal\nor the custodian of the animal notice of the hearing. If such person or the\ncustodian is known and residing within the jurisdiction wherein the animal is\nseized, written notice shall be given at least five days prior to the hearing of\nthe time and place of the hearing. If such person or the custodian is known but\nresiding out of the jurisdiction where such animal is seized, written notice by\nany method or service of process as is provided by the Code of Virginia shall be\ngiven. If such person or the custodian is not known, the humane investigator,\nlaw-enforcement officer, or animal control officer shall cause to be published\nin a newspaper of general circulation in the jurisdiction wherein such animal is\nseized notice of the hearing at least one time prior to the hearing and shall\nfurther cause notice of the hearing to be posted at least five days prior to the\nhearing at the place provided for public notices at the city hall or courthouse\nwherein such hearing shall be held.\n\nE. The procedure for appeal and trial shall be the same as provided by law for\nmisdemeanors, except that unless good cause is determined by the court, an\nappeal shall be heard within 30 days. Trial by jury shall be as provided in\nArticle 4 (&#xA7; 19.2-260 et seq.) of Chapter 15 of Title 19.2. The\nCommonwealth shall be required to prove its case beyond a reasonable doubt.\n\nF. The humane investigator, law-enforcement officer, or animal control officer\nshall provide for such animal until the court has concluded the hearing. Any\nlocality may require the owner of any animal held pursuant to this subsection\nfor more than 30 days to post a bond in surety with the locality for the amount\nof the cost of boarding the animal for a period of time set by ordinance, not to\nexceed nine months.\n\t\t\tIn any locality that has not adopted such an ordinance, a court may order the\nowner of an animal held pursuant to this subsection for more than 30 days to\npost a bond in surety with the locality for the amount of the cost of boarding\nthe animal for a period of time not to exceed nine months. The bond shall not be\nforfeited if the owner is found to be not guilty of the violation.\n\t\t\tIf the court determines that the animal has been neither abandoned, cruelly\ntreated, nor deprived of adequate care, the animal shall be returned to the\nowner. If the court determines that the animal has been (i) abandoned or cruelly\ntreated, (ii) deprived of adequate care, as that term is defined in &#xA7;\n3.2-6500, or (iii) raised as a dog that has been, is, or is intended to be used\nin dogfighting in violation of &#xA7; 3.2-6571, then the court shall order that\nthe animal may be: (a) sold by a local governing body, if not a companion\nanimal; (b) disposed of by a local governing body pursuant to subsection D of\n&#xA7; 3.2-6546, whether such animal is a companion animal or an agricultural\nanimal; or (c) delivered to the person with a right of property in the animal as\nprovided in subsection G.\n\nG. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain\nthe animal if the court determines that the animal has been abandoned, cruelly\ntreated, or deprived of adequate care. The court shall direct that the animal be\ndelivered to the person with a right of property in the animal, upon his\nrequest, if the court finds that the abandonment, cruel treatment, or\ndeprivation of adequate care is not attributable to the actions or inactions of\nsuch person.\n\nH. The court shall order the owner of any animal determined to have been\nabandoned, cruelly treated, or deprived of adequate care to pay all reasonable\nexpenses incurred in caring and providing for such animal from the time the\nanimal is seized until such time that the animal is disposed of in accordance\nwith the provisions of this section, to the provider of such care.\n\nI. The court may prohibit the possession or ownership of other companion animals\nby the owner of any companion animal found to have been abandoned, cruelly\ntreated, or deprived of adequate care. In making a determination to prohibit the\npossession or ownership of companion animals, the court may take into\nconsideration the owner&#8217;s past record of convictions under this chapter or\nother laws prohibiting cruelty to animals or pertaining to the care or treatment\nof animals and the owner&#8217;s mental and physical condition.\n\nJ. If the court finds that an agricultural animal has been abandoned or cruelly\ntreated, the court may prohibit the possession or ownership of any other\nagricultural animal by the owner of the agricultural animal if the owner has\nexhibited a pattern of abandoning or cruelly treating agricultural animals as\nevidenced by previous convictions of violating &#xA7; 3.2-6504 or 3.2-6570. In\nmaking a determination to prohibit the possession or ownership of agricultural\nanimals, the court may take into consideration the owner&#8217;s mental and\nphysical condition.\n\nK. Any person who is prohibited from owning or possessing animals pursuant to\nsubsection I or J may petition the court to repeal the prohibition after two\nyears have elapsed from the date of entry of the court&#8217;s order. The court\nmay, in its discretion, repeal the prohibition if the person can prove to the\nsatisfaction of the court that the cause for the prohibition has ceased to\nexist.\n\nL. When a sale occurs, the proceeds shall first be applied to the costs of the\nsale then next to the unreimbursed expenses for the care and provision of the\nanimal, and the remaining proceeds, if any, shall be paid over to the owner of\nthe animal. If the owner of the animal cannot be found, the proceeds remaining\nshall be paid into the Literary Fund.\n\nM. Nothing in this section shall be construed to prohibit the humane destruction\nof a critically injured or ill animal for humane purposes by the impounding\nhumane investigator, law-enforcement officer, animal control officer, or\nlicensed veterinarian.\n\nHISTORY: 1984, c. 492, \u00a7 29-213.84; 1986, c. 362; 1987, c. 488, \u00a7 3.1-796.115;\n1990, c. 322; 1992, c. 123; 1993, c. 119; 1994, c. 387; 1998, c. 817; 1999, c.\n113; 2002, c. 500; 2008, cc. 510, 860; 2011, cc. 754, 886; 2019, cc. 536, 537;\n2022, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}