                                 CODE OF VIRGINIA

SEIZURE AND IMPOUNDMENT OF ANIMALS; NOTICE AND HEARING; DISPOSITION OF ANIMAL;
DISPOSITION OF PROCEEDS UPON SALE (§ 3.2-6569)

A. 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.

B. 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:

   1. The owner or tenant of the land where the agricultural animal is located
   gives written permission;

   2. A general district court so orders; or

   3. 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.
   				If 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. 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.

D. 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.

E. 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.

F. 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.
			In 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.
			If 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. 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. 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.

HISTORY: 1984, c. 492, § 29-213.84; 1986, c. 362; 1987, c. 488, § 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.