2006 Code of Virginia § 3.1-796.94 - Governing body of county, city, or town may adopt certain ordinances

3.1-796.94. Governing body of county, city, or town may adopt certainordinances.

A. The governing bodies of counties, cities, and towns of the Commonwealthare hereby authorized to adopt, in their discretion, ordinances that parallel 3.1-796.84 through 3.1-796.93, 3.1-796.95 through 3.1-796.104, 3.1-796.115through 3.1-796.119, 3.1-796.121, 3.1-796.122, 3.1-796.126:1 through3.1-796.126:7, and 3.1-796.127 through 3.1-796.129 of this chapter. Any townmay choose to adopt by reference any ordinance of the surrounding countyadopted under this section to be applied within its town limits, in lieu ofadopting an ordinance of its own.

Any funds collected pursuant to the enforcement of ordinances adoptedpursuant to the provisions of this section may be used for the purpose ofdefraying the costs of local animal control, including efforts to promotesterilization of cats and dogs.

Nothing in this section shall be construed so as to prevent or restrict anylocal governing body from adopting local animal control ordinances which aremore stringent than 3.1-796.84 through 3.1-796.93, 3.1-796.95 through3.1-796.104, 3.1-796.115 through 3.1-796.119, 3.1-796.121, 3.1-796.122,3.1-796.126:1 through 3.1-796.126:7, and 3.1-796.127 through 3.1-796.129 ofthis chapter.

B. The governing bodies of counties, cities, and towns of the Commonwealthare hereby authorized to adopt, in their discretion, ordinances establishinguniform schedules of civil penalties for violations of specific provisions ofordinances adopted pursuant to this section. However, civil penalties may notbe imposed for violations of ordinances that parallel 3.1-796.122.Designation of a particular violation for a civil penalty shall be in lieu ofcriminal sanctions and preclude prosecution of such violation as a criminalmisdemeanor. The schedule for civil penalties shall be uniform for each typeof specified violation and the penalty for any one violation shall not bemore than $150. Imposition of civil penalties shall not preclude an actionfor injunctive, declaratory or other equitable relief. Moneys raised pursuantto this subsection shall be placed in the locality's general fund.

An animal control officer or law-enforcement officer may issue a summons fora violation. Any person summoned or issued a ticket for a scheduled violationmay make an appearance in person or in writing by mail to the department offinance or the treasurer of the county, city, or town issuing the summons orticket prior to the date fixed for trial in court. Any person so appearingmay enter a waiver of trial, admit liability, and pay the civil penaltyestablished for the offense charged.

(1976, c. 182, 15.1-29.1:1; 1984, c. 492, 29-213.64; 1987, c. 488; 1993,c. 959; 1994, cc. 115, 630; 1995, c. 832; 1997, c. 587; 1998, c. 817; 2005,c. 304.)

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