Any animal warden or law-enforcement officer who has reason to believe that a canine
or canine crossbreed is a vicious 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 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. 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 vicious. 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 vicious dog, the court shall order the animal euthanized
in accordance with the provisions of section 3.1-796.119, Code of Virginia. 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. 34917, § 2, 7-3-00; Ord. No. 37437, § 2, 6-19-06; Ord. No. 40180, § 1, 3-16-15)
