Title
Ordinance To Amend and Reenact Chapter 5 - Animals of the City Code of Hampton, Virginia By Amending Section 5-38 - Running at Large
Purpose
PURPOSE/BACKGROUND/DISCUSSION:
Discussion:
Hampton’s current “running at large” statute is difficult to enforce. The current ordinance is being interpreted as requiring a judge to find beyond a reasonable doubt that a dog owner “permitted” his/her dog to run at large before convicting. Accordingly, Hampton Animal Control is required to prove that the owner was actively or constructively culpable in letting the dog run at large. As a result of this standard, the following cases almost always result in acquittals:
- The attacking dog’s owner/caretaker was not at home at the time of the attack and had no idea how the dog got outside.
- The attacking dog jumped the fence, and the owner/caretaker did not know the dog could do that.
- The attacking dog escaped from a decrepit fence/enclosure, and although the owner/caretaker negligently failed to repair it, he/she did not actively allow the dog to leave the property.
- The attacking dog’s owner/caretaker lost control of the dog while walking it on a leash.
The impact of these acquittals is detrimental - (1) it is effectively impossible to overcome the standard being imposed to attain a conviction; and (2) the victim citizen cannot recover any money for his/her actual damages stemming from the attack.
The proposed amendment to the “running at large” statute removes the “permit” language from the ordinance entirely. With its removal, Hampton Animal Control need only prove that an individual was the attacking dog’s owner/caretaker at the time of the attack and that the attack occurred while the dog was “at large.” This amendment will give Hampton Animal Control a better chance of achieving convictions in court, and the victims of dog attacks will have a better chance of being compensated for their actual damages without the need to initiate litigation of their own.
Impact:
0
Recommendation:
Rec
Approve the ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 5 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 5 - ANIMALS
…
Sec. 5-38. - Running at Large.
(a) Dogs.
(1) No dog shall run at large in the City of Hampton. Any person who is the owner or custodian of a dog found running at large in the City of Hampton shall be in violation of this section.
(2) The first violation of this section shall constitute a Class 4 misdemeanor. The second violation on the same animal shall constitute a Class 3 misdemeanor and subsequent violations on the same animal shall constitute a Class 2 misdemeanor. Any owner cited for three (3) violations of this section, may have his animals impounded or spayed and neutered at the owner's or custodian's expense.
(3) A violation of this subsection (a) shall constitute a Class 2 misdemeanor if the dog, while at large within the city, attacks a human being or another animal without provocation. If the Court finds the evidence sufficient to convict the dog’s owner or caretaker under this subsection, the court may order the owner or custodian to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal.
(4) This section shall not apply to any person while engaged in law enforcement or search and rescue activity; in a supervised formal obedience training class or show; during formally sanctioned field trials; while engaged in lawful hunting with a dog or dogs during open season; or during bona fide hunting or field trial dog training.