2006 Code of Virginia § 3.1-796.105 - Animal control officers and humane investigators; limitations; records; penalties

3.1-796.105. Animal control officers and humane investigators; limitations;records; penalties.

A. No animal control officer, humane investigator, humane society orcustodian of any pound or animal shelter shall (i) obtain the release ortransfer of an animal by the animal's owner to such animal control officer,humane investigator, humane society or custodian for personal gain or (ii)give or sell or negotiate for the gift or sale to any individual, pet shop,dealer, or research facility of any animal which may come into his custody inthe course of carrying out his official assignments. No animal controlofficer, humane investigator or custodian of any pound or animal sheltershall be granted a dealer's license. Violation of this subsection shall be aClass 1 misdemeanor. Nothing in this section shall preclude any animalcontrol officer or humane investigator from lawfully impounding any animalpursuant to 3.1-796.115.

B. An animal control officer, law-enforcement officer, humane investigator orcustodian of any pound or animal shelter, upon taking custody of any animalin the course of his official duties, or any representative of a humanesociety, upon obtaining custody of any animal on behalf of the society, shallimmediately make a record of the matter. Such record shall include:

1. The date on which the animal was taken into custody;

2. The date of the making of the record;

3. A description of the animal including the animal's species, color, breed,sex, approximate age and approximate weight;

4. The reason for taking custody of the animal and the location where custodywas taken;

5. The name and address of the animal's owner, if known;

6. Any license or rabies tag, tattoo, collar or other identification numbercarried by or appearing on the animal; and

7. The disposition of the animal.

Records required by this subsection shall be maintained for at least fiveyears, and shall be available for public inspection upon request. A summaryof such records shall be submitted annually to the State Veterinarian in aformat prescribed by him.

C. Any animal control officer or custodian of any pound who violates anyprovision of this chapter which relates to the seizure, impoundment andcustody of animals by an animal control officer may be subject to suspensionor dismissal from his position.

D. Custodians and animal control officers engaged in the operation of a poundshall be required to have a knowledge of the laws of Virginia governinganimals, including this chapter, as well as basic animal care.

(1984, c. 492, 29-213.74; 1986, c. 315; 1987, c. 488; 1991, c. 65; 1993, c.601; 1997, c. 286; 1998, c. 817.)