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 5-38 – Running at Large
Purpose
PURPOSE/BACKGROUND:
The City Attorney’s Office and the Hampton Animal Response Team ("HART") are seeking to expand their ability to successfully prosecute and monitor dogs found at large and dogs attacking while at large.
Discussion:
In the event of a dog attack, Hampton City Code Section 5-38 provides the only applicable criminal charge HART has the authority to issue – dog at large while attacking. The current Code requires that the individual permitted the dog to be at large, that is, not on its owner’s property and under his/her control, in order for HART to charge the individual with the dog being at large. If the City cannot prove the defendant permitted the dog to be at large, the Court will find no criminal liability for the attack, regardless of severity. Hampton courts consistently interpret the term “permit” to require a prosecutorial showing that the defendant actively did or did not do something which resulted in the dog being at large.
Impact:
If approved, the Code as amended allows HART the flexibility to tailor charges based on the facts of each case. Additionally, it gives the Court the ability find a defendant guilty when a dog attacks someone or another companion animal, even if there is insufficient evidence to prove an act of commission/omission resulting in the dog being at large.The Code as amended would provide for more just outcomes for victims of dog attacks and gives the City a greater ability to resolve issues with aggressive dogs before those situations escalate.
Recommendation:
Rec
Staff recommends Council approve the ordinance as amended.
Body
(a) Dogs.
(1) It shall be unlawful for any dog to run at large within the city, whether such dog is licensed or not. Any owner or custodian of a dog found running at large, unconfined, unrestricted, or ...
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