File #: 17-0234    Version: 1 Name: Amend Chpt 5 Dangerous Dogs
Type: Ordinance-Coded Status: Passed
File created: 6/28/2017 In control: City Council Legislative Session
On agenda: 7/12/2017 Final action: 7/12/2017
Title: Ordinance To Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 5 Entitled Animals - Article III, Dogs and Cats Generally, Section 5-42, Dangerous dogs; penalties, and Article V, Animal Welfare, Section 5-87, Impoundment of threatened, neglected, etc., animals; and Repealing and Reenacting Article V, Animal Welfare, Section 5-88, Procedure after impoundment under Section 5-87, to conform with the Code of Virginia
Indexes: , , animal control
Code sections: Chapter 5 - Animals
Attachments: 1. Redline
Title
Ordinance To Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 5 Entitled Animals - Article III, Dogs and Cats Generally, Section 5-42, Dangerous dogs; penalties, and Article V, Animal Welfare, Section 5-87, Impoundment of threatened, neglected, etc., animals; and Repealing and Reenacting Article V, Animal Welfare, Section 5-88, Procedure after impoundment under Section 5-87, to conform with the Code of Virginia

Purpose
PURPOSE/BACKGROUND:
The amendment to Section 5-42 is a housekeeping amendment to bring City Code into compliance with Virginia Code due to statutory changes made by the 2017 General Assembly to enabling legislation relating to dangerous dogs. The amendment is necessary to remain compliant with state code.

The amendment and repeal and reenactment of the City ordinances relating to impoundment of animals brings these sections into alignment with current state code and addresses questions by the courts regarding specific language found in City’s impoundment code sections. Animal Control has been proceeding with impoundment petitions under the state code while there remains uncertainty around the enforceability of the city code. By aligning the ordinances to the state code, any questions about enforceability will be resolved.


Discussion:
Approval of this amendment will ensure that Hampton’s dangerous dog and impoundment ordinances comply with the provisions of the Code of Virginia.

Impact:|1010|
Recommendation:
Rec
Approve ordinance.

Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Sections 5-42 and 5-87 of Chapter 5 of the City Code of the City of Hampton, Virginia be amended to read as follows and that Section 5-88 of Chapter 5 of the City Code of Hampton, Virginia be repealed and reenacted as follows:

Chapter 5 - ANIMALS
. . . .

Article III. - DOGS AND CATS GENERALLY
. . . .
Sec. 5-42. - Dangerous dogs; penalties.
(a) As used in this section: "Dangerous dog"...

Click here for full text