                                 CODE OF VIRGINIA

COUNTY OR CITY PUBLIC ANIMAL SHELTERS; CONFINEMENT AND DISPOSITION OF ANIMALS;
AFFILIATION WITH FOSTER CARE PROVIDERS; PENALTIES; INJUNCTIVE RELIEF (§
3.2-6546)

A. For purposes of this section:
			&#8220;Animal&#8221; shall not include agricultural animals.
			&#8220;Rightful owner&#8221; means a person with a right of property in the
animal.

B. The governing body of each county or city shall maintain or cause to be
maintained a public animal shelter and shall require dogs running at large
without the tag required by § 3.2-6531 or in violation of an ordinance passed
pursuant to § 3.2-6538 to be confined therein. Nothing in this section shall be
construed to prohibit confinement of other companion animals in such a shelter.
The governing body of any county or city need not own the facility required by
this section but may contract for its establishment with a private group or in
conjunction with one or more other local governing bodies. The governing body
shall require that:

   1. The public animal shelter shall be accessible to the public at reasonable
   hours during the week;

   2. The public animal shelter shall obtain 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 each shelter shall update such statement as changes occur;

   3. If a person contacts the public animal shelter inquiring about a lost
   companion animal, the shelter shall advise the person if the companion animal
   is confined at the shelter or if a companion animal of similar description is
   confined at the shelter;

   4. The public animal shelter shall maintain a written record of the
   information on each companion animal submitted to the shelter by a private
   animal shelter in accordance with subsection D of &#xA7; 3.2-6548 for a period
   of 30 days from the date the information is received by the shelter. If a
   person contacts the shelter inquiring about a lost companion animal, the
   shelter shall check its records and make available to such person any
   information submitted by a private animal shelter or allow such person
   inquiring about a lost animal to view the written records;

   5. The public animal shelter shall maintain a written record of the
   information on each companion animal submitted to the shelter by a releasing
   agency other than a public or private animal shelter in accordance with
   subdivision F 2 of &#xA7; 3.2-6549 for a period of 30 days from the date the
   information is received by the shelter. If a person contacts the shelter
   inquiring about a lost companion animal, the shelter shall check its records
   and make available to such person any information submitted by such releasing
   agency or allow such person inquiring about a lost companion animal to view
   the written records; and

   6. The public animal shelter shall maintain a written record of the
   information on each companion animal submitted to the shelter by an individual
   in accordance with subdivision A 2 of &#xA7; 3.2-6551 for a period of 30 days
   from the date the information is received by the shelter. If a person contacts
   the shelter inquiring about a lost companion animal, the shelter shall check
   its records and make available to such person any information submitted by the
   individual or allow such person inquiring about a lost companion animal to
   view the written records.

C. An animal confined pursuant to this section shall be kept for a period of not
less than five days, such stray hold 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.
			The operator or custodian of the public animal shelter shall make a
reasonable effort to ascertain whether the animal has a collar, tag, license,
tattoo, or other form of identification, including by complying with the
provisions of &#xA7; 3.2-6585.1. If such identification is found on the animal,
the animal shall be held for an additional five-day stray hold period, unless
sooner claimed by the rightful owner. If the rightful owner of the animal can be
readily identified, the operator or custodian of the shelter shall make a
reasonable effort to notify the owner of the animal&#8217;s confinement within
the next 48 hours following its confinement.
			During the stray hold period that an animal is confined pursuant to this
subsection, the operator or custodian of the public animal shelter may vaccinate
the animal to prevent the risk of communicable diseases, provided that (i) all
vaccines are administered in accordance with a protocol approved by a licensed
veterinarian and (ii) rabies vaccines are administered by a licensed
veterinarian or licensed veterinary technician under the immediate direction and
supervision of a licensed veterinarian in accordance with &#xA7; 3.2-6521.
Indoor enclosures used to confine the animal during the applicable stray hold
period shall be constructed of materials that are durable, nonporous, impervious
to moisture, and able to be thoroughly cleaned and disinfected. During the
applicable stray hold period, the operator or custodian shall provide the animal
with adequate care, including reasonable access to outdoor areas to ensure that
the animal has adequate exercise and adequate space.
			If any 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. In addition to this and any other fees that might be
levied, the locality may, after a public hearing, adopt an ordinance to charge
the owner of an animal a fee for impoundment and increased fees for subsequent
impoundments of the same animal.

D. If an animal confined pursuant to this section has not been claimed upon
expiration of the applicable stray hold period as provided by subsection C, it
shall be deemed abandoned and become the property of the public animal shelter.
			For any animal not subject to a stray hold period, including an animal for
whom the stray hold period has ended, the operator or custodian of the public
animal shelter shall confine the animal in an enclosure that can safely house
and allow for adequate separation of animals of different species, sexes, ages,
and temperaments. Such enclosure may have both an outdoor area and an indoor
area. If the facility has an outdoor area, the facility shall ensure that the
outdoor areas do not present conditions that would be detrimental to the health
of the animal. Indoor areas shall have a solid floor. Each operator or custodian
shall ensure adequate access to water, food, and a resting platform, bedding, or
perch as appropriate to the animal&#8217;s species, age, and condition. Any
regulation by the Board that applies to an animal not subject to a stray hold
period shall not be so restrictive as to fail to allow for adequate care,
adequate exercise, and adequate space, including meaningful indoor and outdoor
recreation for the animal.
			Such animal may be euthanized in accordance with the methods approved by the
State Veterinarian or disposed of by the methods set forth in subdivisions 1
through 5. No shelter shall release more than two animals or a family of animals
during any 30-day period to any one person under subdivision 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,
   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 the county or city where the shelter is operated
   and who will pay the required license fee, if any, on such animal, 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, if the 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 dog or cat may be adopted by any
   person who is not a resident of the county or city where the shelter is
   operated, or of an adjacent political subdivision, unless the dog or cat is
   first sterilized, and the shelter may require that the sterilization be done
   at the expense of the person adopting the dog or cat; 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 &#xA7;
   3.2-6557; (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&#8217;s compliance with clauses (i)
   through (iii), and the provisions of adequate care and performance of humane
   euthanasia, as necessary in accordance with the provisions of this chapter.
   				For purposes of recordkeeping, release of an animal by a public 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.
   				Any proceeds deriving from the gift, sale, or delivery of such animals
   shall be paid directly to the treasurer of the locality. Any proceeds deriving
   from the gift, sale, or delivery of such animals by a public or private animal
   shelter or other releasing agency shall be paid directly to the clerk or
   treasurer of the animal shelter or other releasing agency for the expenses of
   the society and expenses incident to any agreement concerning the disposing of
   such animal. No part of the proceeds shall accrue to any individual except for
   the aforementioned purposes.

E. Nothing in this section 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 prohibit the immediate euthanasia or disposal
by the methods listed in subdivisions D 1 through 5 of an animal that has been
released to a public or private animal shelter, other releasing agency, or
animal control officer by the animal&#8217;s rightful owner after the rightful
owner has read and signed a statement: (i) surrendering all property rights in
such animal; (ii) stating that no other person has a right of property in the
animal; and (iii) acknowledging that the animal may be immediately euthanized or
disposed of in accordance with subdivisions D 1 through 5.

G. Nothing in this section shall prohibit any feral dog or feral cat not bearing
a collar, tag, tattoo, or other form of identification that, based on the
written statement of a disinterested person, exhibits behavior that poses a risk
of physical injury to any person confining the animal, from being euthanized
after being kept for a period of not less than three days, at least one of which
shall be a full business day, such period to commence on the day the animal is
initially confined in the facility, unless sooner claimed by the rightful owner.
The statement of the disinterested person shall be kept with the animal as
required by &#xA7; 3.2-6557. For purposes of this subsection, a disinterested
person shall not include a person releasing or reporting the animal.

H. No public animal shelter shall place a companion animal in a foster home with
a foster care provider unless the foster care provider has read and signed a
statement specifying that he has never been convicted of animal cruelty,
neglect, or abandonment, and each shelter shall update such statement as changes
occur. The shelter shall maintain the original statement and any updates to such
statement in accordance with this chapter and for at least so long as the
shelter has an affiliation with the foster care provider.

I. A public animal shelter that places a companion animal in a foster home with
a foster care provider shall ensure that the foster care provider complies with
&#xA7; 3.2-6503.

J. If a public animal shelter finds a direct and immediate threat to a companion
animal placed with a foster care provider, it shall report its findings to the
animal control agency in the locality where the foster care provider is located.

K. The governing body shall require that the public animal shelter be operated
in accordance with regulations issued by the Board. If this chapter or such
regulations are violated, the locality may be assessed a civil penalty by the
Board or its designee in an amount that does not exceed $1,000 per violation.
Each day of the violation is a separate offense. In determining the amount of
any civil penalty, the Board or its designee shall consider (i) the history of
previous violations at the shelter; (ii) whether the violation has caused injury
to, death or suffering of, an animal; and (iii) the demonstrated good faith of
the locality to achieve compliance after notification of the violation. All
civil penalties assessed under this section shall be recovered in a civil action
brought by the Attorney General in the name of the Commonwealth. Such civil
penalties shall be paid into a special fund in the state treasury to the credit
of the Department to be used in carrying out the purposes of this chapter.

L. If this chapter or any laws governing public animal shelters are violated,
the Commissioner may bring an action to enjoin the violation or threatened
violation of this chapter or the regulations pursuant thereto regarding public
animal shelters, in the circuit court where the shelter is located. The
Commissioner may request the Attorney General to bring such an action, when
appropriate.

HISTORY: 1984, c. 492, §§ 29-213.36, 29-213.66; 1985, c. 21; 1987, c. 488,
§§ 3.1-796.66, 3.1-796.96; 1988, c. 538; 1989, c. 344; 1991, c. 348; 1993, cc.
174, 817, 959; 1994, c. 936; 1995, c. 496; 1997, c. 159; 1998, c. 817; 1999, cc.
627, 672; 2000, c. 1010; 2002, cc. 53, 208, 787; 2003, c. 1007; 2008, cc. 345,
860; 2014, c. 148; 2018, c. 774; 2020, c. 1109; 2022, c. 387.