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C. 3, § 2 ANIMALS, BIRDS. A__\D FONVLS C. 3. § 4
<br />Sec. 2. Same—Failure of owner to take into custody
<br />after notice.
<br />If the owner of any animal known or reasonably suspected of
<br />being dangerous shall fail to take it into custody after being noti-
<br />fied to do so by the chief of police, the said animal may be killed
<br />by any police officer who may deem it necessary for the safety of
<br />the public. Upon complaint or warrant alleging that a dangerous
<br />animal is being allowed to run at large in said city, or is not being
<br />confined in such manner as to be safe for the public, the owner or
<br />person in control of such animal shall be brought before the civil
<br />and police justice of said city and, after inquiry into the facts, such
<br />justice shall order such animal killed by the police department or
<br />make such further disposition of the case as shall insure the future
<br />safety of the public from danger from such animal, and if such
<br />owner or party in control of such animal cannot be ascertained,
<br />then such animal shall be taken into custody by the police depart-
<br />ment and tried and disposed of as hereinbefore provided just as
<br />if the owner or party in control of such animal were present.
<br />(Id.)
<br />Sec. 3. Domestic animals at large; impounding, etc.
<br />No person shall permit a horse, mule, cow or hog to go at large
<br />in the city. Any one violating this section shall be fined not less
<br />than one dollar nor more than five dollars for each offense, and
<br />the horse, mule, cow or hog shall be impounded until redeemed,
<br />and if not redeemed within five days after advertisement has been
<br />made in one of the city papers, it may be sold by the chief of po-
<br />lice and the proceeds, after deducting the amount of the fine and
<br />costs of arrest, keeping and advertising, shall be held by the treas-
<br />urer for the benefit of the owner; but no such animals shall be
<br />advertised until it has been impounded forty-eight hours. (Code
<br />1932, § 323.)
<br />Sec. 4. Straying of fowls.
<br />Any owner of fowls of any description who does not confine
<br />them so as to prevent their straying to the premises of others shall
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<br />C. 3, § 8 ANIMALS, BIRDS, AND FOWLS C. 3, § 10
<br />vided that this section shall not apply between the hours of 10:00
<br />P. M. on Saturday and 5:00 A. M. on Sunday, and shall not apply
<br />to animals which may have been delivered to any railway company
<br />for shipment, while in the custody of such railway company.
<br />Three or more animals shall be considered a herd, flock or group
<br />within the terms of this section.
<br />Any person violating the provisions of this section shall be fined
<br />not less than ten dollars and not more than twenty-five dollars for
<br />each day such violation continues. (Id.)
<br />Sec. 8. Parking of vehicles containing livestock.
<br />It shall be unlawful to park any vehicle containing livestock on
<br />any street within any A residence district or A-1 residence dis-
<br />trict within the city, as designated by the zoning ordinance, for
<br />more than one-half hour. A vehicle shall be considered parked for
<br />one-half hour if it is not moved at least one block within that pe-
<br />riod. Any person violating this section shall be fined not less than
<br />two dollars and fifty cents and not more than ten dollars. (Ord.,
<br />Oct. 10, 1944.)
<br />Sec. 9. Bitches in heat.
<br />No person shall permit any bitch in heat to go at large in the
<br />street, or allow her to remain on his premises to the annoyance of
<br />the neighborhood. The owner of any bitch violating the provi-
<br />sions of this section shall be fined not less than five dollars nor
<br />more than ten dollars, and the bitch shall be taken into custody by
<br />the police, and if not redeemed by the payment of the fine within
<br />twenty-four hours, the bitch shall be killed; but the killing of the
<br />bitch shall not exempt its owner from the fine. ( Code 1932, §
<br />327.)
<br />Sec. 10. Hydrophobia—Dogs to be confined or muzzled.
<br />If at any time the mayor has cause to apprehend the existence
<br />of hydrophobia among the dogs in the territory over which the
<br />city has police jurisdiction, it shall be lawful for him to require
<br />by proclamation, placarded in conspicuous places, and published
<br />in one or more of the newspapers of the city, that all dogs be
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<br />C. 3, § 5 CHARLOTTESVILLE CITY COI)t C. 3, § 7
<br />be fined not less than one dollar nor more than five dollars. (Id.,
<br />§ 324.)
<br />Sec. 8. Keeping hogs in city.
<br />No hogs shall be kept within the city limits, except for immedi-
<br />ate shipment or slaughter, unless a permit therefor has been issued
<br />by the chief of police.
<br />Such permit shall be issued only upon the following conditions:
<br />(1) Pens must be kept clean and must have floors at least one
<br />foot above the ground. (2) No pen shall be located nearer than
<br />two hundred fifty feet to any dwelling house other than that of
<br />the person keeping the hogs unless there shall have been presented,
<br />upon application for the permit, the consent, in writing, of the
<br />occupants of any dwelling house within two hundred fifty feet of
<br />the proposed location. (3) The location of pens must be approved
<br />by the chief of police.
<br />In case written complaint is made by any owner or occupant of
<br />adjoining property, investigation shall be made by the city sani-
<br />tary inspector or the chief of police and if it appears that there has
<br />not been compliance with the provisions hereof, or that the keep-
<br />ing of hogs at the location in question is detrimental to the public
<br />interest, such permit may be revoked by the council.
<br />Any violation of this section shall be punishable by a fine of not
<br />less than two dollars and fifty cents nor more than twenty-five
<br />dollars for each offense. (Id., § 325; Ords. Jan. 6, 1941, Mar.
<br />2, 1942.)
<br />Sec. 6. Keeping sheep in city.
<br />No sheep shall be kept in the city limits except for immediate
<br />shipment or slaughter. (Code 1932, § 326; Ords. Oct. 20, 1941,
<br />Oct. 1, 1942, June 21, 1943.)
<br />Sec. 7. Keeping animals over night for shipment or sale.
<br />It shall be unlawful to keep within the city limits between the
<br />hours of 10:00 P. M. and 5:00 A. M. any herd, flock or group of
<br />cattle, calves, sheep or swine intended for shipment or sale; pro -
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<br />C. 3, § 11 CHARLOTTESVILLE CITY CODE C. 3, § 12
<br />confined to the lots of their owners, or effectively muzzled for
<br />such time as he may prescribe. During such period the owners
<br />or keepers of all unmuzzled dogs, if known, shall be summoned
<br />before the civil and police justice to show cause why they should
<br />not be fined for noncompliance with this section. The fine shall
<br />be not less than two dollars and fifty cents, nor more than ten
<br />dollars for each offense. If the owners or keepers are not known,
<br />the dogs shall be caught by the police in as quiet a manner as
<br />possible and confined forty-eight hours, at the end of which time
<br />the civil and police justice shall order them to be killed, if not re-
<br />deemed by the owners or some other person paying such fine as
<br />may be prescribed by the said justice, the fine not to exceed ten
<br />dollars in any case. No policeman shall shoot any unmuzzled dog
<br />found at large, in the street, unless necessary to protect the public.
<br />(Id., § 328.)
<br />As to power to adopt ordinances to prevent spread of rabies, see
<br />§ 3305(70a) of Michie's Virginia Code of 1942.
<br />Sec. 11. Same—Cats to be confined.
<br />If at any time the mayor has cause to apprehend the existence
<br />of rabies among the cats in the city, it shall be lawful for him to
<br />require by proclamation, published in a newspaper in the city, that
<br />all cats be confined to the premises of their owners for such time
<br />as may be prescribed.
<br />Any person permitting a cat to run at large during such period
<br />shall be fined not less than two dollars and fifty cents and not more
<br />than ten dollars.
<br />Any cat found running at large during such period may be
<br />caught and confined and if not claimed within forty-eight hours
<br />shall be destroyed. (Ord., Sept. 20, 1943.)
<br />Sec. 12. Killing birds.
<br />Any one who shall kill any sparrow, martin, wren or other
<br />bird, shall be fined one dollar for each offense. This section shall
<br />not apply to domestic pigeons when killed by the owner, or to Eng-
<br />lish sparrows or starlings. (Code 1932, § 330.)
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