May 14, 1962 Ordinanceor stolen, the Treasurer sha' issue a duplicate license tag which the owner or custodian shall
immediately affix to the collar of the dog. The Treasurer shall endorse the number of the duplic"
tag and the date issued on the face of the original license receipt. The fee for the issuance of
a duplicate tag shall be twenty -five cents.
Section 10. Displaying Receipts Dogs to Wear Tags A dog license receipt
shall be carefully preserved by the owner or custodian of the dog and exhibited promptly on
request for inspection by any Dog Warden or other law enforcement officer. A dog license tag
shall be securely fastened to a substantial collar by the owner or custodian and worn by such
dog at all times. It shall be unlawful for the owner to permit any licensed dog four months old
or over to run or roam at large at any time without a license tag, except that the collar and
license tag may be removed temporarily when engaged in lawful hunting in open season and when
accompanied by the owner or custodian.
Section 11. Regulating Kennel The owner of a kennel shall securely
fasten the license tag to the kennel enclosure in full view and keep one of the identification
plates provided therewith attached to the collar of each dog authorized to be kept enclosed in
the kennel. Any identification.plates not so in use must be kept by the owner or custodian
and promptly shown to any Dog Warden or other law enforcement officer upon request. A kennel dog
shall not be permitted to stray beyond the limits of the kennel enclosure but this restriction.'
shall not operate to prohibit dogs being temporarily removed from the kennel while under the
control of the owner or custodian to exercise, hunt, breed, show or to engage in field trials. A
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kennel not be operated in any manner to defraud the County of the license tax payable on
dogs which cannot be legally considered as kennel dogs or in any manner to violate other provisions
of this Ordinance.
Section 12 Licensed Dogs DeemBd Personal Property All dogs in this
County which are licensed, and all dogs under four months of age, shall be deemed to be personal
property and may be the subject of larceny and malicious or unlawful trespass, and the owners
thereof may maintain any action for killing of any such dogs, for injury thereto for unlawful
detention or for use thereof as in the case of other personal property. It shall be unlawful
for any person except the owner or his authorized agent to administer poison to any such dog,
to expose poison where it may be taken by any such dog or to injure, disfigure, disable, or kill
any dog except as otherwise provided in this Ordiance. The owner of apy dog on which the current
license tax has been paid or any dog under four months of age which is injured or killed contrary
to the provisions of this Ordinance or any other law shall be entitled to recover the value there-
of or the damage done thereto in an appropriate action at law. A Dog Warden or other law
i
enforcement officer finding a stolen dog or a dog held or detained contrary to law shall have
authority to seize and hold such dog pending action before the County or other court. If no such
action is instituted within five days the Dog Warden or other officer shall deliver the dog to its
owner. The presence of a dog on the premises of a person other than its legal owner shall raise
no presumption of theft against the owner of occupant of such premises,but it shall be his duty
to notify the Dog Warden irmnediately and the Dog Warden shall take such dog in charge and notify
its legal owner to remove the dog. The legal owner of the dog shall pay a reasonable charge for
the keep of such dog while in the possession of the Dog Warden.
Section . 12. Dogs Killing or Injuring Sheep or Other Livestock or Poultry
It shall be the duty of any Dog Warden who may find a dog in the act of killing, injuring, worry-
ing or chasing sheep, or.killing or injuring other livestock, to kill such dog forthwith whether
such dog is wearing a tag or not; or any person finding a dog committing any of the aforementionel�
acts and depredations set forth shall have the right to kill such dog on sight. The County Court
or any other court shall have the power to order the Dog Warden or other law enforcement officer
to kill any dog known to be a confirmed poultry killer
Any dog observed killing fowls for the
third time shall be considered a confirmed poultry killer.. Any Dog '-'arden or other person who
has reason to believe that any dog is killing livestock or committing any of the aforementioned
acts and depredations set forth in this section shall apply-to a ,justice of the peace of the County
vho shall issue a warrant requiring the owner or custodian, if known, to appear before the judge
of the County court at the time and place named therein at which time evidence shall be heard,
and if it shall appear that such a dog is a livestock killer, or has committed anIy of the afore-
mentioned acts and depredations set forth in this section, the dog shall be ordered to be killed
immediately by the Dog Warden or other officer designated by the judge of the County court.
Section 14 . Killing Unlicensed Dogs It shall be the duty of the Dog
Warden to take in charge any dog of unknown ownership found running at large on which the license
tax has not been paid, and to hold such dog for a period of five days during .which time the Dog
Warden shall attempt to establish the ownership of such dog. If after five days the ownership
has not been established nor the dog claimed and the license tax paid, the Dog Warden shall kill
such dog; provided, that the Dog "darden may deliver such dog to any person in this County who
will pay the required license tax on such dog. Should the legal owner thereafter claim the dog
and prove his ownership, he may recover such dog by paying to the person to whom the dog was
delivered by the Dog Warden, the amount of the license tax, paid by him and a reasonable charge for
the keep of the dog while in his possession. Any person, Dog Warden, or other law enforcement
officer killing a dog under this Ordinance shall bury the same.
Section 1,�. Disposal of Dead Dogs The owner of any dog which
has died from disease or other cause shall forthwith bury such dead dog. If he fails to do so
or leaves the dead dog on the county dump or other place, the judge of the County Court, after
notice to such o per, shall order such dead dog to be buried by such person as he may designate
and shall require the owner to pay the person so designated not exceeding the sum of $2.50, free
from all encumberances. If the owner of any such dead dog is not known, the person designated shall
be entitled to recover the sum from the Dog Fund.
Section 16. Other Unlawful Acts The following acts shall be
deemed misdemeanors end enforced by proceedings before a ,judge of the County Court:
(1) Diseased Dom. For the owner of any dog with a known contag-
icus or infectious disease to permit such dog to stray from his premises.
(2) Female Dog in Season For the owner of any female dog to
permit such dog to stray from his premises while such dog is known to be in season.
(3) Remov Collar and Tag. For any person, except the owner
or' custodian, to remove a legally acquired license tag from a dog.
(4) Concealing a Imo. For any person to conceal. or harbor any
dog on which the license tax has not been paid, or to conceal a mad dog to ;weep the dog from being
killed
Section
17. Penalties for Violation of
the Do
Ordinance
(a) Any
person who shall make a false
statement
in order to
secure a dog license to which he is not entitled, shall be fine- not less than $5.00 nor more
;han $100.00.
(b) Any person cony_c,e of fa' _,.•c 1,o pay the license tax
orior to February 1 of any year, or as otherwise provided . ;.n is �ri'r;cu�ce, on any dog owned
i
by him, shall be fined not less than the amount of t .-)e nce taw: requ_`red by law to be paid on
such dog, nor more than $3.00; shall be required to pay tiie license taw: "orthwith, and unless the
f
(c) I `. ..nc: to be rl:nning and ro^r.ing at large at any time of
the year in violation of io: -. o? t_iis Ordinance, the owner upon conviction shall
pay a fine of not less thain 75.00 - :. e first offense, and .$10.00 for each offense there-
after; and, if it is a r:er :c 1. 30g, ti .:f i.icense may be revoked if' it appears to the trial court
that the provisions of t':is Ordinc:r:ce ;:ave been violated by reason of carelessness or negligence
on the part of the owner; suc.__ o:rner shall thereupon be required to pay an individual license
tax on each dog.
(d) Any other violations of this Ordinance for which specific penalty
is not provided, shall be punishable by a fine of not more than $300 and imprisonment of not
more than thirty days in the County jail, or both and shall be enforced by proceedings before
a judge of the County court in like manner and with like right of appeal as if such violations
were misdemeanors.
(e) All fines collected from any person for violating any provisions of
revenue
this Ordinance, upon conviction thereof, shall be credited to the general /fund of the County
anJ deposited by the County Treasurer in the same manner as thct prescribed for other county
monies .
a
r
Section lo. Separability of Provisions Should any section or provision
of this Ordinance be decided to be invalid or unconstitutional, such decision shall not effect,
the validity or constitutionality of any other section or provision of this Ordiance.
Section , . When Effective This Ordinance shall be in full force and
effect upon its adoption and enactment by the Board of Supervisors of Frederick County.
SUJa4ARY - ORDINANCE
Upon motion duly made and seconded the Clerk is ordered to have published
in the Winchester Evening Star once a week for two successive weeks the following su;:mnary of
the Ordinance regulating Dogs in Frederick County.
An ordinance to provide for the regulation of dogs in tine County of
Frederick, Virginia, providing for the licensing of such dogs, providing for the disposition i
of dogs killing or injuring livestock and poultry, and prescribing penalties for violation
thereof.
s i. m
This ordinance, passed 5/14/62 sets forth the provisions for the regulation
of dogs in the County of Frederick, Virginia, Regulations are prescribed for the County:
That the effect of payment of license tax subsequent to summons; that
the burden of proof that a dog is licensed is upon the owner; that the license can be obtain6d
in writing or in person from the county treasurer; that the license shall consist of a
E
license receipt and a medal tag; that duplicate tags may be issued; that kennels must display
kennel tags in view; that licensed dogs are deemed personal property and subject to the I
pvovisions of law concerning same; that dogs killing livestock or poultry may be killed if
caught in the act of if determined by the Board of Supervisors or any court to be a livestock or
poultry killer; that the dog warden shall kill any dog of unknown ownership found running at
large; that dead dogs must be disposed of; that penalties are prescribed for the violation
of this ordinance and for the disposition of fines collected.
A certified copy of the full text of the ordinance is on file in the
Clerk's office of the Circuit Court of Frederick County.
) RDINANCE FOR THE REGULATION OF TRAFFIC ON THE PLAZA
Upon motion duly made and seconded the following Ordinance unanimo