April 12 2023 Board Regular Meeting Minutes 271
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, APRIL 12, 2023
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Blaine P. Dunn, Vice Chairman; Robert
W. Wells; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. The Gainesboro
District seat is currently vacant.
Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator;
Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Mark Cheran, Zoning &
Subdivision Administrator; Kayla Peloquin, Planner I; Scott Varner, Director of Information Technologies;
Austin Cano, Assistant County Attorney; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor Wells delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Dunn led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted with the discussion of the Northeast Land Use Plan postponed
until May 24 on a motion by Supervisor Slaughter, seconded by Supervisor Graber, which carried on a voice
vote.
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CITIZEN COMMENTS
Bryan Nuri, Opequon District, discussed the content of the minutes of the March 22 meeting which
included remarks by Supervisor Graber regarding funding for the renovation of Sherando High School, Deep
Equity being taught in the schools, and school use of funds for purposes other than intended by the Board.
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Graber moved for the adoption of the consent agenda as presented. Supervisor Wells
seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Closed Session Minutes of March 22, 2023 - CONSENT AGENDA APPROVAL
-Approval of Work Session Minutes of April 5, 2023 - CONSENT AGENDA APPROVAL
-Approval of Request from the Commissioner for Refunds: Builders First Source Atlantic—
$109,028.25 and Gelco Fleet Trust-$33,211.563 - CONSENT AGENDA APPROVAL
- Resolution of the Frederick County Board of Supervisors Approving Continued County
Participation in the Virginia Juvenile Community Crime Control Act ("VJCCCA") and
Collaboration with the City of Winchester and the County of Clarke for the Purpose of This
Act to Form One Combined Plan, With the County of Frederick Acting as the Fiscal Agent -
CONSENT AGENDA APPROVAL
RESOLUTION
A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS APPROVING CONTINUED
COUNTY PARTICIPATION IN THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT
("VJCCCA")AND COLLABORATION WITH THE CITY OF WINCHESTER AND THE COUNTY OF
CLARKE FOR THE PURPOSE OF THIS ACT TO FORM ONE COMBINED PLAN,WITH THE COUNTY OF
FREDERICK ACTING AS THE FISCAL AGENT.
WHEREAS,the General Assembly enacted the Virginia Juvenile Community Crime Control Act
("VJCCCA")IN 1995; and
WHEREAS,the provisions of the VJCCCA require that a local plan be submitted for the utilization of the
funds in order to receive them;
NOW, THEREFORE,BE IT RESOLVED by the Board of Supervisors of Frederick County,Virginia that:
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1. The Frederick County Board of Supervisors will continue to participate in the VJCCCA and accept funds
appropriate for the purposes set forth in the Act until it notifies the Department of Juvenile Justice, in
writing, that it no longer wishes to participate.
2. Frederick County will collaborate with the City of Winchester and the County of Clarke for the purpose of
this Act to form one combined plan,with the County of Frederick acting as the fiscal agent.
3. The County Administrator is hereby authorized to execute a local combined plan on behalf of the County of
Frederick.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber responded to remarks made earlier under Citizen Comments.
Supervisor Graber reviewed the selection of poll workers for the recent special election.
Vice Chairman Dunn announced he would hold a town hall meeting on April 15.
COUNTY OFFICIALS
RECOGNITION OF HISTORIC PLAQUE PROGRAM RECIPIENTS
The Chairman recognized the recipients of plaques awarded through the County's Historic Property
Designation Program: Brightside and Kernstown Battlefield Association; Green Spring Mill; Taylor Furnace;
Chrisman Spring; and Family Drive-In.
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
RYAN DOUGALL APPOINTED TO CONSERVATION EASEMENT AUTHORITY—APPROVED
Supervisor Slaughter moved for the appointment of Ryan Dougal to fill a vacant three-year term on
the Conservation Easement Authority. The motion, seconded by Vice Chairman Dunn, carried on a voice
vote.
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COMMITTEE BUSINESS—None
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PUBLIC HEARINGS (NON PLANNING ISSUES)
ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 48 ANIMALS AND
FOWL, ARTICLE I DOG LICENSING; RABIES CONTROL -ADOPTED
County Administrator Bollhoefer reviewed the proposed revision saying it includes updates to
improve the enforceability of the restrictions on dogs at large and includes updates to comport with changes
in state law.
Chairman DeHaven opened the public comment period.
No one wished to address the Board.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved for the adoption of the Ordinance to Amend the Frederick County Code,
Chapter 48 Animals and Fowl, Article I Dog Licensing; Rabies Control. Vice Chairman Dunn seconded the
motion.
Supervisor Graber said that while the ordinance was more restrictive than he wished, he would
support it.
The motion carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
April 12,2023
The Board of Supervisors of Frederick County,Virginia hereby ordains that Article I(Dog Licensing;
Rabies Control)of Chapter 48 (Animals and Fowl)of the Code of Frederick County,Virginia be, and the same
hereby is, amended by enacting an amended Article I(Dog Licensing;Rabies Control) of Chapter 48 (Animals and
Fowl) of the Code of Frederick County,Virginia, as follows:
CHAPTER 48 Animals and Fowl
ARTICLE I Dog Licensing;Rabies Control
§48-1 Definitions.
For the purposes of this article,the following words and phrases shall have the meanings respectively ascribed to
them by this section:
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ANIMAL CONTROL OFFICER
A person appointed as an animal control officer or deputy animal control officer as provided in§3.2-6555 of
the Code of Virginia.
LIVESTOCK
All domestic or domesticated:bovine animals;equine animals;ovine animals;porcine animals;cervidae
animals;capradae animals;animals of the genus Lama or Vicugna;ratites;fish or shellfish in aquaculture
facilities,as defined in§ 3.2-2600 of the Code of Virginia;enclosed domesticated rabbits or hares raised for
human food or fiber;or any other individual animal specifically raised for food or fiber,except companion
animals.
OWNER
Any person who: (i)has a right of property in an animal; (ii)keeps or harbors an animal; (iii)has an animal in
his care;or(iv)acts as a custodian of an animal.
POULTRY
All domestic fowl and game birds raised in captivity.
RUN AT LARGE
Roaming off or running off the property of its owner or custodian and not under its owner's or custodian's
immediate control.
TREASURER
The County Treasurer and his Assistants or other officer designated by law to collect taxes in the County.
VACCINATE,VACCINATED or VACCINATION
The immunization of a dog against rabies,whether by inoculation,vaccination or any other method of treatment
approved by the County Health Officer.
VETERINARIAN
Any licensed veterinarian authorized to practice veterinary medicine in the state.
§48-2 Animal Control Officer;Deputy Animal Control Officers.
A. The Board of Supervisors appoints as the Animal Control Officer and Deputy Animal Control Officers
such Deputy Sheriffs as the Sheriff shall designate to serve as Animal Control Officer and Deputy Animal
Control Officers. Such Officers shall be paid such compensation as the Board of Supervisors may prescribe
for Deputy Sheriffs.The Animal Control Officer and the Deputy Animal Control Officers may cause all
dogs found running at large in violation of this article to be caught and penned up in an animal shelter.
B. The powers of enforcement of this chapter and all laws for the protection of domestic animals shall be
vested in the Animal Control Officer and such Deputy Animal Control Officers as may be appointed.
Deputy Animal Control Officers shall have all the powers and duties of the Animal Control Officer.
§48-3 Dogs running at lame unlawful.
A. It shall be unlawful to permit any dog to run at large within the County at any time during the year.Except
as provided in Subsection B,any person who permits a dog to run at large shall be deemed to have violated
the provisions of this subsection and be subject to punishment as provided in§48-10.
B. It shall also be unlawful to permit any dog to run at large in a pack within the County at any time during the
year.For the purposes of this subsection,a dog shall be deemed to be running at large in a pack if it is
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running at large in the company of one or more other dogs that are also running at large.Any person who
permits a dog to run at large in a pack shall be deemed to have violated the provisions of this subsection
and,in addition to the punishment as provided in§48-10,be subject to a civil penalty not to exceed$100
per dog so found.Any civil penalty collected pursuant to this subsection shall be deposited by the Treasurer
pursuant to the provisions of§3.2-6534 of the Code of Virginia(1950,as amended).
C. [Deleted]
D. It shall be unlawful to permit any vicious or destructive dog to run at large within the County,and any
person owning,having control,or harboring any such dog is hereby required to keep the same confined
within his premises.
E. The provisions of this section shall not apply with respect to dogs used for hunting.
§48-3.1 Authority to control dangerous or vicious dogs.
A. As used in this section, "dangerous dogs"means a canine or canine crossbreed which a court of competent
jurisdiction has determined to be a dangerous dog pursuant to§ 3.2-6540 of the Code of Virginia;;"Serious
injury"means an injury having a reasonable potential to cause death or any injury other than a sprain or
strain,including serious disfigurement,serious impairment of health,or serious impairment of bodily
function and requiring significant medical attention;and"vicious dog"means a canine or canine crossbreed
which has(i)killed a person;(ii)inflicted serious injury to a person,including multiple bites,serious
disfigurement,serious impairment of health or serious impairment of a bodily function;or(iii)continued to
exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog,provided that
its owner has been given notice of that finding.
B. Any Animal Control Officer who has reason to believe that a canine or canine crossbreed within his
jurisdiction is a dangerous dog or vicious dog may apply to a magistrate of the jurisdiction for the issuance
of a summons requiring the owner or custodian,if known,to appear before a general district court at a
specified time.The summons shall advise the owner of the nature of the proceeding and the matters at
issue.Following the issuance of a summons following an application pursuant to this subsection,an Animal
Control Officer may confine the animal until the evidence is heard and a verdict rendered.If the Animal
Control Officer determines that the owner can confine the animal in a manner that protects the public
safety,he may permit the owner to confine the animal until the evidence is heard and a verdict rendered.
The court,through its contempt powers,may compel the owner,custodian or harborer of the animal to
produce the animal.If,after hearing the evidence,the court finds that the animal is a dangerous dog,the
court(i)shall order the animal's owner to comply with the provisions of this section;(ii)may order the
owner of the animal to pay restitution for actual damages to any person injured by the animal or whose
companion animal was injured or killed by the animal,and such order shall not preclude the injured person
from pursuing civil remedies,including damages that accrue after the original finding that the animal is a
dangerous dog;and(iii)may order the owner to pay all reasonable expenses incurred in caring and
providing for such dangerous dog from the time the animal is taken into custody until such time as the
animal is disposed of or returned to the owner.If,after hearing the evidence,the court finds that the animal
is a vicious dog,the court shall order the animal euthanized in accordance with the provisions of§ 3.2-6562
of the Code of Virginia, 1950,as amended.
C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a
particular breed,nor is the ownership of a particular breed of canine or canine crossbreed prohibited.No
animal shall be found by the court to be a dangerous dog or vicious dog(i)if that threat,injury or damage
was sustained by a person who was committing,at the time,a crime upon the premises occupied by the
animal's owner or custodian;committing,at the time,a willful trespass or other tort upon the premises
occupied by animal's owner or custodian;or provoking,tormenting or physically abusing the animal or can
be shown to have repeatedly provoked,tormented,abused or assaulted the animal at other times;(ii)if the
animal is a police dog which was engaged in the performance of its duties as such at the time of the acts
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complained of;or(iii)if,at the time of the acts complained of,the animal was responding to pain or injury
or was protecting itself,its kennel,its offspring,a person,or its owner or owner's property.Further,no
animal shall be found by the court to be a dangerous dog as a result of killing or inflicting serious injury on
a dog or cat while engaged with its owner as part of lawful hunting or participating in an organized,lawful
dog handling event,or if the court determines based on the totality of the evidence before it,or for other
good cause,that the dog is not dangerous or a threat to the community.
D. Within 30 days of the finding that an animal is a dangerous dog pursuant to this section,the owner shall(i)
provide documentation that the animal has been neutered or spayed; (ii)provide documentation that the
animal has been implanted with electronic identification registered to the owner that shall be provided to
the animal control officer;(iii)present satisfactory evidence to the animal control officer of liability
insurance coverage,to the value of at least$100,000,that covers animal bites,or the owner may obtain and
maintain a bond in surety to the value of at least$100,000 in lieu of liability insurance; (iv)pay to the local
governing body a fee of$150 and under the direction of the animal control officer complete a dangerous
dog registration certificate issued by the Department of Agriculture and Consumer Services pursuant to§
3.2-6542,though no dangerous dog registration certificate required to be obtained under this section shall
be issued to any person younger than 18 years of age;and(v)post the residence where the animal is housed
with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the
property,which shall remain posted at all points of entry to the home and yard as long as the animal
remains on the property.The local Treasurer shall also provide the owner with a uniformly designed tag
which identifies the animal as a dangerous dog.The owner shall affix the tag to the animal's collar and
ensure that the animal wears the collar and tag at all times.
E. By January 31 of each year,until the animal is deceased,the owner of an animal found to be a dangerous
dog pursuant to this section shall update and renew the dangerous dog registration certificate obtained
pursuant to this section for a fee of$85 in the same manner as the initial certificate was obtained.However,
if the dangerous dog adjudication occurred within 60 days of the end of the calendar year,the first renewal
shall be included in the initial registration at no additional charge to the owner.No dangerous dog
registration certificate required to be obtained under this section shall be issued to any person who is
younger than 18 years of age or who fails to present satisfactory evidence of(i)compliance with the
provisions of this section and applicable state law;(ii)the animal's current rabies vaccination,if applicable;
and(iii)a current county or city dog license,as appropriate.Prior to the renewal date of a dangerous dog
registration each year,a local animal control officer shall conduct an inspection of the dangerous dog and
the premises on which it is kept,and no certificate of renewal shall be issued without such inspection.The
animal control officer shall post registration information on the Virginia Dangerous Dog Registry
established by Virginia Code§3.2-6542.
F. Any owner of a dangerous dog who keeps the dog outdoors and not within the immediate physical presence
of its owner shall,within 30 days of the finding that an animal is a dangerous dog,cause to be constructed a
secure,locked enclosure of sufficient height and design to prevent escape by the animal or entry by or
direct physical contact with any person or other animal.While so confined within the structure,the animal
shall be provided for according to Code of Virginia§3.2-6503.Any dangerous dog not confined inside a
locked enclosure constructed as described above shall be(i)confined inside the owner's residence or(ii)if
outdoors,controlled by a physical leash employed by the responsible adult owner and securely muzzled in
a manner that does not cause injury to the animal or interfere with the animal's vision or respiration but
prevents it from biting a person or another animal.
G. If the owner of an animal found by a court to be a dangerous dog is a minor,the custodial parent or legal
guardian shall be responsible for complying with all requirements of this section and applicable state law.
H. The owner of dog found to be dangerous shall cause the local animal control officer to be promptly notified
of(i)any change in the manner of locating the owner or the dog at any time;(ii)any transfer of ownership
of the dog to a new owner,including the name and address of the new owner;(iii)any instance in which
the animal is loose or unconfined;(iv)any complaint or incident of attack or bite by the dog upon any
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person or cat or dog;(v)any claim made or lawsuit brought as a result of any attack;and(vi) the escape,
loss,or death of the dog.
1. Any owner of any animal previously found by a court to be a dangerous dog who willfully fails to comply
with the requirements of this section and applicable state law shall be guilty of a Class 1 misdemeanor.The
court may determine that a person convicted under this subsection shall be prohibited from owning,
possessing,or residing on the same property with a dog.
J. All fees collected pursuant to this section,less the costs incurred by the animal control officer in producing
and distributing the certificates and tags required by this section and any fees due to the Department of
Agriculture and Consumer Services for maintenance of the Virginia Dangerous Dog Registry established
by§ 3.2-6542 of the Code of Virginia, 1950,as amended,shall be paid into a special dedicated fund in the
treasury of the locality for the purpose of paying the expenses of any training course required under 3.2-
6556 of the Code of Virginia, 1950,as amended.
§48-4 Confinement and disposition of dogs.
A. The Board of Supervisors shall cause to be constructed and maintained an animal shelter.The Animal
Control Officer shall cause dogs running at large contrary to the provisions of this article to be confined
therein.Any dog which has been confined for a period of five days and has not been claimed by the owner
thereof may be destroyed by the Animal Control Officer or otherwise disposed of in accordance with this
section.
B. Any dog confined under any of the provisions of this chapter may be redeemed by its owner at any time
after confinement,if such dog has not been otherwise disposed of under the provisions of this section,upon
payment of the proper fees.No dog shall be released to any person claiming ownership until proof of a
current dog license receipt or tag and a current valid vaccination certificate are presented.
C. If the dog has not been claimed,it may be humanely destroyed or disposed of by sale or gift to a federal
agency or state-supported institution,agency of the commonwealth,agency of another state or a licensed
federal dealer or by delivery to any local humane society,shelter or to any person who is a resident of
Virginia who will pay the required license tax on such animal.No provision herein shall prohibit the
destruction of a critically injured or critically ill dog for humane purposes.The animal shelter shall be
accessible to the public at reasonable hours during the week.
§48-5 Unlicensed dogs.
In the event that the Animal Control Officer has caused to be confined pursuant to§48-4 a dog found running at
large and on which the license tax has not been paid,the Animal Control Officer may deliver such dog to any person
in his jurisdiction who will pay the required license tax on such dog,with the understanding that,should the legal
owner thereafter claim the dog and prove his ownership,he may recover such dog by paying to the person to whom
it was delivered by the Animal Control Officer the amount of the license tax paid by him and a reasonable charge for
the keep of the dog while in his possession.Any Animal Control Officer euthanizing a dog under this chapter shall
cremate,bury,or sanitarily dispose of the same;provided;however,that prior to disposition by euthanasia or
otherwise,all the provisions of§48-4 shall have been complied with.
§48-6 Dogs deemed personal property.
All dogs shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass,
and the owners thereof may maintain any action for the killing of any such dogs or injury thereto or unlawful
detention or use thereof as in the case of other personal property.The owner of any dog which is injured or killed
contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage
done thereto in an appropriate action at law from such person.An Animal Control Officer or other officer finding a
stolen dog or a dog held or detained contrary to law shall have the authority to seize and hold such dog pending
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action before a General District Court or other court.If no such action is instituted within seven days,the Animal
Control Officer 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,and the Animal Control Officer may
take such dog in charge and notify its legal owner to remove him.The legal owner of the dog shall pay a charge as
specified by the Board of Supervisors for the keep of such dog while in the possession of the Animal Control
Officer.
§4827 Dogs killing or injuring livestock or poultry.
It shall be the duty of the Animal Control Officer who may find a dog in the act of killing or injuring livestock or
poultry to kill such dog forthwith whether such dog bears a tag or not,and any person finding a dog committing any
of the depredations mentioned in this section shall have the right to kill such dog on sight.Any court shall have the
power to order the Animal Control Officer or other officer to kill any dog known to be a confirmed livestock or
poultry killer.Any dog that kills livestock or poultry for the third time shall be considered a confirmed killer.Any
Animal Control Officer or other person who has reason to believe that any dog is killing livestock or committing any
of the depredations mentioned in this section shall apply to a Magistrate of the County,who shall issue a warrant
requiring the owner or custodian,if known,to appear before a District Court at a time and place named therein,at
which time evidence shall be heard.If it shall appear that such a dog is a livestock or poultry killer or has committed
any of the depredations mentioned in this section,the dog shall be ordered killed immediately,which the Animal
Control Officer or other officer designated by the Judge of the District Court to act shall do.
§48-8 Compensation for livestock and poultry killed by dogs.
Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive
compensation as provided under§ 3.2-6553 of the Code of Virginia.
§48-9 Disposal of dead dogs.
The owner of any dog which had died from disease or other cause shall forthwith cremate,bury,or sanitarily dispose
the same.If,after notice,any owner fails to do so,the Animal Control Officer shall bury or cremate the dog;and he
may recover on behalf of the County from the owner his costs for his services.
§48-10 Unlawful acts;violations and penalties.
A. The following acts shall be unlawful acts as authorized in§ 3.2-6587 of the Code of Virginia and constitute
Class 4 misdemeanors as provided for in§ 18.2-11 of the Code of Virginia:
(1) License application.For any person to make a false statement in order to secure a dog license to which
he is not entitled.
(2) License tax.For any dog owner to fail to pay the license tax required by this chapter before February 1
for the year in which it is due.In addition,the court may order confiscation and the proper disposition
of the dog.
(3) Running at large.For any dog owner to allow a dog to run at large in violation of§§48-3
(4) Dead dogs.For any owner to fail to dispose of the body of his dog in accordance with§48-9.
(5) Diseased dogs.For the owner of any dog with a contagious or infectious disease to permit such dog to
stray from his premises if such disease is known to the owner.
(6) Removing collar and tag.For any person,except the owner or custodian,to remove a legally acquired
license tag from a dog,without the permission of the owner or custodian,except as §48-14 permits.
(7) Concealing a dog.For any person to conceal or harbor any dog on which the license tax has not been
paid
(8) Any other violation of this article for which a specific penalty is not provided.
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B. Presentation of a false claim or receiving any money on a false claim under the provisions of§48-8 shall
be punished by a maximum fine of$2,500 or by imprisonment for not more than 12 months,or both such
fine and imprisonment.
§48-11 License required.
It shall be unlawful for any person to own a dog four months or over unless such dog is licensed as required by the
provisions of this article,except as provided by§§ 3.2-6528 of the Code of Virginia.
§48-12 Contents of license.
A dog license shall consist of a license receipt and a metal tag.The tag shall be stamped or otherwise permanently
marked to show the name of Frederick County and bear a serial number.
§48-13 Duplicate license tags.
If a dog license shall become lost,destroyed or stolen,the owner or custodian shall at once apply to the Treasurer or
his agent who issued the same for a duplicate license tag,presenting the original license receipt.Upon affidavit of
the owner or custodian before the Treasurer or his agent that the original license tag has been lost,destroyed or
stolen,he shall issue a duplicate license tag,which the owner or custodian shall immediately affix to the collar of the
dog.The Treasurer or his agent shall endorse the number of the duplicate and the date issued on the face of the
original license receipt.The fee for a duplicate tag for any dog shall be$1.
§48-14 Displaying receipts;dogs to wear tags.
Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection
by an Animal Control Officer.Dog license tags shall be securely fastened to a substantial collar by the owner or
custodian and worn by such dog,and 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.The owner of the dog may remove the collar license
tag required by this section when the dog is:
A. Engaged in lawful hunting.
B. Competing in a dog show.
C. Has a skin condition which would be exacerbated by the wearing of a collar.
D. Is confined.
E. Is under the immediate control of its owner.
§48-15 Dogs not wearing collars.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be
unlicensed,and in any proceedings under this article,the burden of proof of the fact that such dog has been licensed
or is otherwise not required to bear a tag at the time shall be on the owner of the dog.
§48-16 License application.
Any person residing in the County may obtain a dog license by making oral or written application to the Treasurer,
accompanied by the amount of license tax and certificate of vaccination as required by this article.The Treasurer or
other officer charged with the duty of issuing dog licenses shall only have authority to license dogs of resident
owners or custodians who reside within the boundary limits of the County and may require information to this effect
from any applicant.Upon receipt of proper application and certificate of vaccination as required by this article,the
Treasurer or other officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount,
on which he shall record the name and address of the owner or custodian,the date of payment,licensing period,the
serial number of the tag and whether male,female,spayed,neutered,or kennel and deliver the metal license tags or
plates provided for herein.The Treasurer may establish substations in convenient locations in the County and
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appoint agents for the collection of the license tax and issuance of such license.
§48-17 Evidence showing rabies inoculation required prior to licensing.
No license tag shall be issued for any dog unless there is presented,to the Treasurer or other officer of the County
charged by law with the duty of issuing license tags for dogs,at the time the application for the license is made,
evidence satisfactory to him showing that such dog or each dog to be licensed has been inoculated or vaccinated
against rabies by a currently licensed veterinarian.Applicant may also apply for a dog license on the Treasurer's
Web site,providing that all criteria of Chapter 48 of this Code have been complied with,and the applicant can
provide the date of vaccination,veterinarian and vaccination expiration date and certify these findings to the County
Treasurer or local official responsible for issuing dog licenses.
§48-18 License taxes.
A. License periods for individual dogs shall be equal to and run concurrently with the rabies vaccination
effective period for that respective dog.Notwithstanding the foregoing,pursuant to Va.Code§ 3.2-653013,
a person may apply for a lifetime license for his or her dog.Lifetime licenses are not transferable between
dogs or owners,and are not transferable to other localities.Any person who applies for a license tag for a
neutered or spayed dog shall present,at the time of application,certification from a licensed veterinarian
attesting to the neutering or spaying of the dog.If such certification is not so presented,the dog shall be
taxed the fee levied on male or female dogs.Kennel licenses are only sold for a one-year period and shall
be due on January 1 and not later than January 31 of each year.Inspections by animal control may be
required before the issuance of a kennel license.
B. License taxes shall be in the following amounts:
Spayed or Neutered Not Spayed or Neutered
One dog—for vaccination $5.00 $10.00
period of 12 months or less
One dog—for lifetime of dog Free Free
—for dogs adopted from the
Frederick County Animal
Shelter
One dog—for lifetime of dog $10.00 $15.00
—for all other dogs
Multi-dog license—for
January 1 to December 31:
20 multi-dog license $30.00
50 multi-dog license $50.00
§48-19 Payment of license taxes.
The license tax as prescribed in§48-18 of this Code is due not later than 30 days after a dog has reached the age of
four months,or not later than 30 days after an owner acquires a dog four months of age or older.
§48-20 Payment of license taxes subsequent to summons.
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Board of Supervisors Regular Meeting of April 12, 2023
County of Frederick, Virginia
282
Payment of the license tax subsequent to a summons to appear before a court for failure to do so within the time
required shall not operate to relieve such owner from the penalties provided or court costs provided under§ 16.1-
69.48:1 or 17.1-275.7 of the Code of Virginia.
§48-21 Disposition of fimds.
A. The Treasurer shall keep all money collected by him for dog license taxes in a separate account from all
other funds collected by him.The County shall use the funds for the following purposes:
(1) The salary and expenses of the Animal Control Officer and necessary staff.
(2) The care and maintenance of the animal shelter.
(3) The maintenance of a rabies control program.
(4) Payments as a bounty to any person neutering or spaying a dog up to the amount of one year of the
license tax as provided herein.
(5) Payments for compensation as provided in§48-8.
(6) Efforts to promote sterilization of dogs and eats.
Any part or all of any surplus remaining in such account on December 31 of any year may be transferred by
the Board of Supervisors into the general fund of the County.
B. The County may supplement the dog license tax fund with other funds as it considers appropriate,but shall
do so to the extent necessary to provide for Subsection A(1),(2),and(3)above.
§48-22 Rabies control.
A. Vaccination required.All dogs and cats shall be vaccinated for rabies as required by§ 3.2-6521 of the Code
of Virginia.
B. Rabid animals.
(1) When there is sufficient reason to believe that a rabid animal is at large,the Board of Supervisors shall
have the power to pass an emergency ordinance which shall become effective immediately upon
passage,requiring owners of all dogs therein to keep the same confined on their premises unless
leashed under restraint of the owner in such a manner that persons or animals will not be subject to the
danger of being bitten thereby.Any such emergency ordinance enacted pursuant to the provisions of
this section shall be operative for a period not to exceed 30 days unless renewed by the Board of
Supervisors.
(2) Dogs showing active signs of rabies or suspected of having rabies shall be confined under competent
observation for such a time as may be necessary to determine a diagnosis.If confinement is impossible
or impracticable,such dog shall be destroyed.
(3) Every person having knowledge of the existence of an animal apparently afflicted with rabies shall
report immediately to the County Health Officer the existence of such animal,the place where seen,
the owner's name,if known,and the symptoms suggesting rabies.
(4) Any animal bitten by an animal believed to be afflicted with rabies shall be destroyed immediately or
confined in a pound,kennel or enclosure approved by the County Health Department for a period not
to exceed six months at the expense of the owner,at a cost as set by resolution of the Board of
Supervisors,provided that,if the bitten dog has been vaccinated against rabies within one year,the dog
shall be revaccinated and confined to the premises of the owner for 30 days.
(5) At the discretion of the County Health Officer,any animal which has bitten a person shall be confined
under competent observation for 10 days,unless the animal develops active symptoms of rabies or
expires before that time,provided that a seriously injured or sick animal may be humanely euthanized
and its head sent to the State Health Department for evaluation.
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Board of Supervisors Regular Meeting of April 12, 2023
County of Frederick, Virginia
283
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
CONDITIONAL USE PERMIT#01-23 FOR FREDERICK-WINCHESTER SERVICE AUTHORITY
AND D. R. HORTON—APPROVED
Kayla Peloquin, Planner, provided background on the request for a Conditional Use Permit (CUP)for
an off-premises freestanding monument residential subdivision entrance sign on +/-24.07 acres in the RA
(Rural Areas)Zoning District and reviewed the conditions recommended by the Planning Commission that
should be placed on the CUP if the Board of Supervisors approves the permit.
Chairman DeHaven opened the public comment period.
There were no speakers.
Chairman DeHaven closed the public comment period.
Vice Chairman Dunn moved for approval of Conditional Use Permit(CUP)$#01-23.Supervisor Wells
seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W.Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#01-23
FREDERICK-WINCHESTER SERVICE AUTHORITY&D.R. HORTON
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #01-23 was submitted by the Frederick-Winchester
Service Authority&D.R.Horton, for an off-premises freestanding monument sign, said Property identified by Property
Identification Number 56-A-19 in the Red Bud Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
March 1,2023, and recommended approval of the Conditional Use Permit with conditions; and,
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during
their regular meeting on April 12,2023; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in
the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan;
Minute Book 48
Board of Supervisors Regular Meeting of April 12,2023
County of Frederick, Virginia
284
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with
Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit #01-23 to allow for an off-premises
freestanding monument sign on the parcel identified with Property Identification Number 56-A-19 is issued with the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Only one(1) monument sign,not to exceed eight(8)feet in height and thirty-two (32)square feet in area, is
permitted.
3. Any expansion or change of use shall require a new Conditional Use Permit.
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REQUEST OF THOMAS STELZL (FAIRVIEW-SPRING HILL FARM)TO REMOVE PARCEL
TOTALING 100.35+/-ACRES FROM THE DOUBLE CHURCH AGRICULTURAL AND FORESTAL
DISTRICT—APPROVED
Mark R. Cheran, Zoning Administrator, provided background on the request by Mr. Stelzl for the
removal of one parcel from the Double Church Agricultural and Forestal District. He said the Double Church
Agricultural and Forestal District was established in 1995 and has been renewed five times with the most
recent renewal in September 2020 for a period of five years. He said there are 954.90 acres contained in this
district and Mr. Stelzl desires to remove one parcel totaling 100.35+/- acres from the District. He concluded
by saying Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the
ability to request removal of land from an agricultural and forestal district through a public process via the
local governing body, and that this request for removal is to allow for a subdivision of the land.
Chairman DeHaven opened the public comment period.
There were no speakers.
Chairman DeHaven closed the public comment period.
Supervisor Ludwig noted there had been some opposition by neighbors at the Planning Commission
public hearing but added that owners have the right to use their property as they see fit and that the parcel
could be removed from the district in two years during the regular renewal process.
Supervisor Wells said he had received numerous calls and emails about the request and that while
he does not want to lose agricultural land, the owner could remove the parcel in two years during the regular
renewal process. He moved for approval of the Request to Remove Parcel 86-A-35, owned by Thomas Stelzl
from the Double Church Agricultural and Forestal District. Supervisor Slaughter seconded the motion which
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Board of Supervisors Regular Meeting of April 12, 2023
County of Frederick, Virginia
285
carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W.Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
REMOVAL OF PARCEL FROM THE
DOUBLE CHURCH AGRICULTURAL St.FORESTAL DISTRICT
WHEREAS,a proposal to remove parcel from the Double Church Agricultural&Forestal District by 100.35+/-acres,
was considered,said property located in the Opequon Magisterial District West of Grim Road(Route 640),and South
of Wise Mill Lane(Route 737) and identified by Property Identification Number 86-A-35.
WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on
March 14,2023; and
WHEREAS,the Planning Commission held a public hearing and recommended approval of this proposal on April 5,
2023; and
WHEREAS,the Board of Supervisors held a public hearing on this proposal on April 12,2023; and
WHEREAS, the Frederick County Board of Supervisors finds the removal of this parcel from the Double Church
Agricultural&Forestal District is justified by good and reasonable cause;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows:
The Frederick County Board of Supervisors hereby decreases the 2020-2025 Double Church Agricultural&Forestal
District by 100.35+/-acres in the Opequon Magisterial District,Property Identification Number 86-A-35.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
UDA EXCEPTION -SANDY'S MOBILE HOME PARK—APPROVED
Planning Director Pearson reviewed the request from Sandy's MHC LLC to authorize Frederick Water
to serve Sandy's Mobile Home Park at 2044 and 2046 Fairfax Pike (parcel 87-A-95) with public sewer. He
said the property is approximately 25 acres in size, is zoned Mobile Home Community (MH1), and the
Southern Frederick Small Area Plan depicts these properties with a Mixed Use Industrial/Office future land
use designation, and as a part of the Lake Frederick Neighborhood Village. He said the property is located
within the County's Sewer and Water Service Area (SWSA)but not the Urban Development Area(UDA), and
that County policies require that residential land uses to be located within both the SWSA and the UDA to
enable connections to Frederick Water services. Mr. Pearson continued saying that since this exception is
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Board of Supervisors Regular Meeting of April 12,2023
County of Frederick, Virginia
286
not seeking to expand the boundary of the UDA, this request could be decided by the Board of Supervisors
without a public hearing or amendment to the Comprehensive Plan. He noted that the Planning Commission
recommended approval of the exception request as presented.
Supervisor Graber and Mr. Pearson discussed the cost for extending service and Mr. Pearson said
there would be an agreement between the applicant and Frederick Water and that the County would not incur
any costs.
Supervisor Wells moved for approval of the Request to Serve Residential Land Uses with Public
Water & Sewer Outside the Urban Development Area — 2044-2046 Fairfax Pike. Supervisor Slaughter
seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION AUTHORIZING FREDERICK WATER TO PROVIDE WATER AND SEWER SERVICE FOR A
MOBILE HOME PARK USE OUTSIDE OF THE URBAN DEVELOPMENT AREA
WHEREAS,Frederick County has received a request from Sandy's MHC LLC to authorize Frederick Water to serve
a single parcel with public water and sewer, said property located along Fairfax Pike and identified by Property
Identification Number(PIN)87-A-95,in the Opequon Magisterial District;and
WHEREAS,this extension of water and sewer service would serve PIN 87-A-95 only while it is zoned Mobile Home
Community(NMI)and used for a mobile home park.
NOW,THEREFORE,BE IT RESOLVED,that the Frederick County Board of Supervisors approves the extension of
water and sewer service for a mobile home park use outside of the Urban Development Area for Sandy's MHC LLC,
PIN 87-A-95 and does hereby authorize Frederick Water to serve this property while it is zoned MH1 and in use for
a mobile home park.
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BOARD LIAISON REPORTS - None
CITIZEN COMMENTS
Minute Book 48
Board of Supervisors Regular Meeting of April 12, 2023
County of Frederick, Virginia
287
Robert Gallalee, Back Creek District, discussed civility in the County saying that when people are under
pressure, they may lose civility.
BOARD OF SUPERVISORS COMMENTS - None
ADJOURN
On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote,
the meeting was adjourned at 7:39 p.m.
Charles S. DeHaven, Jr. Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 48
Board of Supervisors Regular Meeting of April 12, 2023
County of Frederick, Virginia