Any animal warden or law-enforcement officer who has reason to believe that a canine
or canine crossbreed is a dangerous dog, as defined in this chapter, shall apply to
a magistrate of the city for the issuance of a summons requiring the owner or custodian,
if known, to appear before the general district court at a specified time. The summons
shall advise the owner of the nature of the proceeding and the matters at issue. In
the event that a law-enforcement officer successfully makes an application for the
issuance of a summons, that law-enforcement officer shall contact the local animal
warden and inform the animal warden of the location of the dog and the relevant facts
pertaining to the law-enforcement officer's belief that the dog is dangerous. The
animal warden shall confine the animal until such time as evidence shall be heard
and a verdict rendered. If the animal warden determines that the owner or custodian
can confine the animal in a manner that protects the public safety, he may permit
the owner or custodian to confine the animal until such time as evidence shall be
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 animal's owner
shall comply with the provisions of this division, and the animal warden or the owner
if directed by the animal warden, shall confine the dog until such time as (a) the
owner complies with the conditions of this chapter or (b) the court determines that
the dog is not a dangerous dog. The procedure for appeal and trial shall be the same
as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case
beyond a reasonable doubt.
(Ord. No. 30945, § 3, 4-6-92; Ord. No. 31168, § 1, 8-24-92; Ord. No. 34917, § 1, 7-3-00;
Ord. No. 37437, § 2, 6-19-06; Ord. No. 40180, § 1, 3-16-15)
