SB217: Sale of dog or cat not obtained from releasing agency or animal rescue; prohibition.


SENATE BILL NO. 217
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources
on January 18, 2018)
(Patron Prior to Substitute--Senator Lewis)
A BILL to amend and reenact § 3.2-6543 of the Code of Virginia, relating to pet shops; procurement of dogs; local ordinance.

Be it enacted by the General Assembly of Virginia:

1. That § 3.2-6543 of the Code of Virginia is amended and reenacted as follows:

§ 3.2-6543. Governing body of any locality may adopt certain ordinances.

A. The governing body of any locality of the Commonwealth may adopt, and make more stringent, ordinances that parallel §§ 3.2-6511.1, 3.2-6521 through 3.2-6539, 3.2-6546 through 3.2-6555, 3.2-6562, 3.2-6569, 3.2-6570, 3.2-6574 through 3.2-6580, and 3.2-6585 through 3.2-6590. Any town may choose to adopt by reference any ordinance of the surrounding county adopted under this section to be applied within its town limits, in lieu of adopting an ordinance of its own.

Any funds collected pursuant to the enforcement of ordinances adopted pursuant to the provisions of this section may be used for the purpose of defraying the costs of local animal control, including efforts to promote sterilization of cats and dogs.

B. Any locality may, by ordinance, establish uniform schedules of civil penalties for violations of specific provisions of ordinances adopted pursuant to this section. Civil penalties may not be imposed for violations of ordinances that parallel § 3.2-6570. Designation of a particular violation for a civil penalty shall be in lieu of criminal sanctions and preclude prosecution of such violation as a criminal misdemeanor. The schedule for civil penalties shall be uniform for each type of specified violation and the penalty for any one violation shall not be more than $150. Imposition of civil penalties shall not preclude an action for injunctive, declaratory or other equitable relief. Moneys raised pursuant to this subsection shall be placed in the locality's general fund.

An animal control officer or law-enforcement officer may issue a summons for a violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality issuing the summons or ticket prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

SENATE BILL NO. 217

Offered January 10, 2018
Prefiled January 3, 2018
A BILL to amend and reenact § 3.2-6545 of the Code of Virginia, relating to pet shops; local ordinance; animal not obtained from shelter.
Patron-- Lewis

Referred to Committee on Agriculture, Conservation and Natural Resources

Be it enacted by the General Assembly of Virginia:

1. That § 3.2-6545 of the Code of Virginia is amended and reenacted as follows:

§ 3.2-6545. Regulation of sale of animals procured from animal shelters; other animals.

Any A. The governing body of any locality that maintains or supports, in whole or in part, a public or private animal shelter may by ordinance provide that no person who acquires an animal from such shelter shall be able to sell the animal within a period of six months from the time the animal is acquired from the shelter. Violation of the ordinance is a Class 1 misdemeanor.

B. The governing body of any locality may by ordinance restrict the sale, offer for sale, delivery, brokering, or other transfer or disposal in any pet shop of any live dog or cat that was not obtained from (i) a releasing agency located in Virginia or (ii) an incorporated nonprofit organization whose primary mission and practice is the rescue and placement of abandoned, unwanted, neglected, or abused animals. Violation of the ordinance is a Class 1 misdemeanor.