File #: 23-0090    Version: 1 Name: Dangerous Dog Code - Housekeeping Amendment
Type: Ordinance-Coded Status: Passed
File created: 3/7/2023 In control: City Council Legislative Session
On agenda: 3/22/2023 Final action: 3/22/2023
Title: Ordinance to Amend and Re-Enact Chapter 5 of the City Code of the City of Hampton, Virginia Entitled "Animals" by Amending Article III, Section 5-42. - Dangerous Dogs; Penalties
Indexes: , , Animal Control, Legal Compliance
Code sections: 5-42 - Dangerous dogs; penalties
Attachments: 1. Dangerous Dog Redline
Title
Ordinance to Amend and Re-Enact Chapter 5 of the City Code of the City of Hampton, Virginia Entitled "Animals" by Amending Article III, Section 5-42. - Dangerous Dogs; Penalties

Purpose
Background Statement:
All of the proposed, substantive amendments to Section 5-42 of the City Code of the City of Hampton, Virginia would bring the Code into alignment with changes to state code. The remaining, non-substantive amendments are solely included to improve organization and readability of this Section, for the particular benefit of Hampton Animal Response Team officers, citizens and the judges.

Recommendations:
Rec
Staff and the Animal Control Advisory Committee recommend approval.

Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 5, Sec. 5-42 of the City Code of the City of Hampton, Virginia be amended and re-enacted to read as follows:

Sec. 5-42. - Dangerous dogs; penalties.

(a) As used in this section Dangerous dog means:

(1) A canine or hybrid canine as defined in section 5-106 that has bitten, attacked, or inflicted injury on a companion animal that is a dog or cat or killed a companion animal that is a dog or cat. A canine or hybrid canine is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that (i) no serious physical injury has occurred as a result of the attack or bite; (ii) both animals are owned by the same person; or (iii) such attack originated on the property of the attacking or biting dog’s owner. Serious physical injury includes a serious impairment of health or bodily function that requires significant medical attention, a serious disfigurement, any injury that has a reasonable potential to cause death, or any injury other than a sprain or strain.

(2) A canine or hybrid canine as defined in section 5-106 that has bitten, attacked, or inflicted injury on a person, including laceration, broken bone, or substantial puncture of skin by teeth. A canine...

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