2006 Code of Virginia § 3.1-796.96:5 - Releasing agencies other than pounds or animal shelters; confinement and disposition of companion a...

3.1-796.96:5. Releasing agencies other than pounds or animal shelters;confinement and disposition of companion animals; recordkeeping; affiliationwith foster care providers; penalties.

A. A releasing agency other than a pound or animal shelter:

1. May confine and dispose of companion animals in accordance withsubsections B through F of 3.1-796.96; and

2. Shall keep accurate records of each companion animal received for twoyears from the date of disposition of the companion animal. Records shall (i)include a description of the companion animal including species, color,breed, sex, approximate weight, age, reason for release, owner's or finder'sname, address and telephone number, license number or other identifying tagsor markings, as well as disposition of the companion animal, and (ii) be madeavailable upon request to the Department, animal control officers, andlaw-enforcement officers at mutually agreeable times. A releasing agencyother than a pound or animal shelter shall submit a summary of such recordsto the State Veterinarian annually in a format prescribed by him, wherein apost office box may be substituted for a home address.

3. For purposes of recordkeeping, release of a companion animal by areleasing agency to a pound, animal shelter or other releasing agency shallbe considered a transfer and not an adoption. If the animal is not firststerilized, the responsibility for sterilizing the animal transfers to thereceiving entity.

B. Each releasing agency other than a pound or animal shelter shall obtain asigned statement from each of its directors, operators, staff, or animalcaregivers specifying that each individual has never been convicted of animalcruelty, neglect, or abandonment, and each such releasing agency shall updatesuch statement as changes occur.

C. No releasing agency other than a pound or animal shelter shall place acompanion animal in a foster home with a foster care provider unless thefoster care provider has read and signed a statement specifying that thefoster care provider has never been convicted of animal cruelty, neglect, orabandonment, and such releasing agency shall update the statement as changesoccur. A releasing agency other than a pound or animal shelter shall maintainthe original statement and any updates to such statement for so long as thereleasing agency has an affiliation with the foster care provider.

D. A releasing agency other than a pound or animal shelter that places acompanion animal in a foster home with a foster care provider shall ensurethat the foster care provider complies with 3.1-796.68.

E. If a releasing agency other than a pound or animal shelter finds a directand immediate threat to a companion animal placed with a foster careprovider, it shall report its findings to the animal control agency in thearea where the foster care provider is located.

F. Any releasing agency other than a pound or animal shelter that finds acompanion animal or receives a companion animal that has not been released byits owner and (i) provides care or safekeeping, or (ii) takes possession ofsuch companion animal shall, within 48 hours:

1. Make a reasonable attempt to notify the owner of the companion animal, ifthe owner can be ascertained from any tag, license, collar, tattoo, or otheridentification or markings, or if the owner of the companion animal isotherwise known to the releasing agency; and

2. Notify the pound that serves the locality where the companion animal wasfound and provide to the pound contact information including at least a nameand a contact telephone number, a description of the companion animalincluding at least species, breed, sex, size, color, information from anytag, license, collar, tattoo, or other identification or markings, and thelocation where the companion animal was found.

G. A releasing agency other than a pound or animal shelter shall comply withthe provisions of 3.1-796.68.

H. No releasing agency other than a pound or animal shelter shall be operatedin violation of any local zoning ordinance.

I. A releasing agency other than a pound or animal shelter that violates anyprovision of this section, other than subsection G, may be subject to a civilpenalty not to exceed $250.

(2002, c. 787; 2003, cc. 770, 1007.)

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