                                 CODE OF VIRGINIA

PRIVATE ANIMAL SHELTERS; CONFINEMENT AND DISPOSITION OF ANIMALS; AFFILIATION
WITH FOSTER CARE PROVIDERS; PENALTIES; INJUNCTIVE RELIEF (§ 3.2-6548)

A. A private animal shelter may confine and dispose of animals in accordance
with the provisions of subsections B through G of &#xA7; 3.2-6546.

B. Each private animal shelter shall obtain a signed statement from each of its
directors, operators, staff, and animal caregivers specifying that the
individual has never been convicted of animal cruelty, neglect, or abandonment,
and each shelter shall update such statement as changes occur.

C. The State Veterinarian or his representative shall inspect a private animal
shelter prior to the shelter confining or disposing of animals pursuant to this
section. The shelter shall meet the requirements of all laws with regard to
confinement and disposition of animals before the shelter is approved to receive
animals and provide a reasonable and comfortable climate appropriate for the
age, species, condition, size, and type of animal.

D. A private animal shelter that confines an animal that has not been received
from its owner shall, pursuant to this section, transmit a description of the
animal including at least species, color, breed, size, sex, and other
identification or markings and where the animal was found, and its contact
information, including its name, address, and telephone number, to the public
animal shelter in the county or city where the animal was found within 48 hours
of the shelter receiving the animal. A shelter that confines and disposes of
animals pursuant to this subsection shall be accessible to the public at
reasonable hours, shall have its telephone number and address listed in a
telephone directory, and shall post its contact information, including at least
its name, address, and telephone number, in the public animal shelter in the
locality where the shelter is located.

E. For purposes of recordkeeping, release of an animal by a private 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.

F. No private 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 the shelter shall update the 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.

G. A private 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.

H. If a private 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.

I. No private animal shelter shall be operated in violation of any local zoning
ordinance.

J. A private animal shelter that confines and disposes of animals pursuant to
this section shall be operated in accordance with this chapter. If this chapter
is violated, the shelter 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 shelter 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.

K. If this chapter or any laws governing private 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 private
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: 2001, c. 727, § 3.1-796.96:2; 2002, cc. 53, 208, 787; 2003, cc. 770,
1007; 2008, c. 860; 2014, c. 148.