New Animal Care Legislation

The Louisa County Sheriff’s Office would like to pass on some new laws in regards to animal care, that were created by the legislators for the Commonwealth of Virginia.  Some of these new laws could possibly be misinterpreted and we would like to provide clarification in these instances.   

The new legislation involves the following new laws:dog-chained-in-backyard-1200x674

  • Tethering animals; adequate shelter and space

  • Animal care; cruelty; dangerous dogs

  • Animal shelters; confinement and disposition of animals

  • Rabid animals

  • Animal cruelty videos and photos; penalty

  • Rental or lease of dog or cat prohibited; civil penalty

  • Dangerous captive animal exhibits; penalty


Tethering animals; adequate shelter and space

Provides that the outdoor tethering of an animal does not meet the requirement of adequate shelter during a hurricane warning or tropical storm warning or if the animal is not safe from predators or well suited or equipped to tolerate its environment. The bill provides that unless an animal control officer has inspected an animal’s individual circumstances and determined it to be safe from predators and well suited and equipped to tolerate its environment, no such outdoor tethering during a heat advisory, a severe weather warning, or a period when the temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower shall constitute the provision of adequate shelter. The measure increases the minimum tether length required to constitute adequate space to 15 feet in length or four times the length of the animal, whichever is greater. Current law requires the tether to be at least 10 feet in length or three times the length of the animal, whichever is greater. The bill provides an exception for a case in which an animal control officer, having inspected an animal’s individual circumstances, determines that a shorter tether of at least 10 feet or three times the length of the animal makes the animal safer, more suited, and better equipped to tolerate its environment than a longer tether would. This bill is identical to HB 1552.

Animal care; cruelty; dangerous dogs

Extensively reorganizes, clarifies, and makes substantive changes to provisions related to dangerous dogs. Substantive changes include (i) a requirement that a law-enforcement officer or animal control officer who has reason to believe that a dog within his jurisdiction is a dangerous dog must apply for a district court summons, a requirement that is discretionary under current law; (ii) a prohibition on disposing of a dog prior to a dangerous dog adjudication; (iii) additional requirements for owners during and after a dangerous dog adjudication, including notice upon transfer, signage, fencing, muzzling, and registration; (iv) court discretion on prohibiting ownership of or residence with a dog following a dangerous dog adjudication; and (v) additional recordkeeping for officers in certain situations.

The bill also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for a first offense of killing a domestic dog or cat for the purpose of obtaining its hide, fur, or pelt. Current law imposes a Class 6 felony charge only for a second or subsequent offense.

Animal shelters; confinement and disposition of animals

Increases from five to 10 the number of days an animal confined by a public or private animal shelter or releasing agency shall be kept prior to disposal of the animal unless sooner claimed by the rightful owner. The bill also increases from five to 10 the number of additional days such animal shall be held if the owner or custodian of the shelter determines that the animal has a collar, tag, license, tattoo, or other form of identification.

Rabid animals

Makes it a Class 1 misdemeanor for an owner of a dog or cat who permits such dog or cat to stray from his premises when he knows or has been told by the local health department, law-enforcement agency, animal control agency, or any other person who has a duty to control or respond to a risk of rabies exposure that the dog or cat is suspected of having rabies.

Animal cruelty videos and photos; penalty

Prohibits creating, recording, distributing, selling, advertising, or appearing in any videographic or still image depicting animal cruelty, with certain exceptions for law-enforcement investigations of animal cruelty. A violation is a Class 6 felony.

Rental or lease of dog or cat prohibited; civil penalty

Prohibits the rental or lease of a dog or cat to a consumer, including by a purported sale of the animal in a manner that vests less than full equity in the consumer at the time of the purported sale. The bill prohibits the sale of a dog or cat in which the animal is subject to repossession upon default of the agreement and prohibits any financial institution from offering a loan for which the animal is subject to repossession upon default of the loan. The bill provides that a violation of the provisions of the bill is a violation of the Consumer Protection Act and a business that violates the provisions of the bill may also have its retail license suspended or revoked. The bill exempts certain animals from its prohibitions, including purebred dogs leased for breeding; dogs or cats used in spectator events, motion pictures, racing, or other entertainment; and service dogs, guide or leader dogs, security dogs, law-enforcement dogs, military working dogs, and certified facility dogs. The bill has a delayed effective date of January 1, 2021.

Dangerous captive animal exhibits; penalty

Prohibits a keeper of dangerous captive animals, defined in the bill, from providing or offering to provide to any member of the public, for free or for a cost, direct contact with such dangerous captive animal. The bill provides that a violation is a Class 3 misdemeanor and that the keeper is subject to a fine of not more than $500. The bill has a delayed effective date of July 1, 2021.

For information about other Animal Care Laws go to New Animal Care Legislation