7835643.2-6569Virginia Decodedhttps://vacode.org2016Agriculture, Animal Care, And FoodDomestic AnimalsComprehensive Animal CareSearch, Seizure, Impounding, And Enforcement.Seizure and impoundment of animals; notice and hearing; disposition of animal; disposition of proceeds upon sale1984, c. 492, § 29-213.84; 1986, c. 362; 1987, c. 488, § 3.1-796.115; 1990, c. 322; 1992, c. 123; 1993, c. 119; 1994, c. 387; 1998, c. 817; 1999, c. 113; 2002, c. 500; 2008, cc. 510, 860; 2011, cc. 754, 886.Settle v. Commonwealth1173084692 S.E.2d 6412010-05-11https://www.courtlistener.com/opinion/1062201/settle-v-commonwealth/ . . . Code § 3.1-796.115, with amendments, as Code § 3.2-6569). . . . <abbr title="Court of Appeals">COA</abbr>Davis v. County of Fairfax100632710 S.E.2d 4662011-06-09https://www.courtlistener.com/opinion/1058022/davis-v-county-of-fairfax/ . . . .1-796.115 was amended and reenacted as Code § 3.2-6569. See 2008 Acts ch. 860. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Settle v. Com.Record No. 1173-08-4685 S.E.2d 1822009-11-24https://www.courtlistener.com/opinion/1320271/settle-v-com/ . . . Code § 3.1-796.115, with amendments, as Code § 3.2-6569). . . . <abbr title="Court of Appeals">COA</abbr>John Dixon O'Malley v. Commonwealth of Virginia12701522016-05-03https://www.courtlistener.com/opinion/3199949/john-dixon-omalley-v-commonwealth-of-virginia/ . . . statutory language presently is found in . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/3.2-6569/19.2-260Provisions of Title 8.01 apply except as provided in this article/19.2-260/3.2-6500Definitions/3.2-6500/3.2-6504Abandonment of animal; penalty/3.2-6504/3.2-6546County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief/3.2-6546/3.2-6570Cruelty to animals; penalty/3.2-6570/3.2-6571Animal fighting; penalty/3.2-6571//3.2-6569/3.2/V/65/8/3.2-65693.2-65183.2-65433.2-65573.2-6565 The owner or tenant of the land where the agricultural animal is located gives written permission;sectionB1B12 A general district court so orders; orsectionB2B22 The owner or tenant of the land where the agricultural animal is located cannot be immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is located until the written permission of the owner or tenant of the land can be obtained.If there is a direct and immediate threat to an agricultural animal, the humane investigator, law-enforcement officer or animal control officer may seize the animal, in which case the humane investigator, law-enforcement officer or animal control officer shall file within five business days on a form approved by the State Veterinarian a report on the condition of the animal at the time of the seizure, the location of impoundment, and any other information required by the State Veterinarian.sectionB3B32Upon seizing or impounding an animal, the humane investigator, law-enforcement officer or animal control officer shall petition the general district court in the city or county where the animal is seized for a hearing. The hearing shall be not more than 10 business days from the date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been cruelly treated, or has not been provided adequate care.sectionCC1The humane investigator, law-enforcement officer, or animal control officer shall cause to be served upon the person with a right of property in the animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing within the jurisdiction wherein the animal is seized, written notice shall be given at least five days prior to the hearing of the time and place of the hearing. If such person or the custodian is known but residing out of the jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code of Virginia shall be given. If such person or the custodian is not known, the humane investigator, law-enforcement officer, or animal control officer shall cause to be published in a newspaper of general circulation in the jurisdiction wherein such animal is seized notice of the hearing at least one time prior to the hearing and shall further cause notice of the hearing to be posted at least five days prior to the hearing at the place provided for public notices at the city hall or courthouse wherein such hearing shall be held.sectionDD1The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.sectionEE1The humane investigator, law-enforcement officer, or animal control officer shall provide for such animal until the court has concluded the hearing. Any locality may require the owner of any animal held pursuant to this subsection for more than thirty days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time set by ordinance, not to exceed nine months.In any locality that has not adopted such an ordinance, a court may order the owner of an animal held pursuant to this subsection for more than 30 days to post a bond in surety with the locality for the amount of the cost of boarding the animal for a period of time not to exceed nine months. The bond shall not be forfeited if the owner is found to be not guilty of the violation.If the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate care, the animal shall be returned to the owner. If the court determines that the animal has been (i) abandoned or cruelly treated, (ii) deprived of adequate care, as that term is defined in § 3.2-6500, or (iii) raised as a dog that has been, is, or is intended to be used in dogfighting in violation of § 3.2-6571, then the court shall order that the animal may be: (a) sold by a local governing body, if not a companion animal; (b) disposed of by a local governing body pursuant to subsection D of § 3.2-6546, whether such animal is a companion animal or an agricultural animal; or (c) delivered to the person with a right of property in the animal as provided in subsection G.sectionFF1In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court determines that the animal has been abandoned, cruelly treated, or deprived of adequate care. The court shall direct that the animal be delivered to the person with a right of property in the animal, upon his request, if the court finds that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of such person.sectionGG1The court shall order the owner of any animal determined to have been abandoned, cruelly treated, or deprived of adequate care to pay all reasonable expenses incurred in caring and providing for such animal from the time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section, to the provider of such care.sectionHH1When a sale occurs, the proceeds shall first be applied to the costs of the sale then next to the unreimbursed expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, the proceeds remaining shall be paid into the Literary Fund.sectionLL1Nothing in this section shall be construed to prohibit the humane destruction of a critically injured or ill animal for humane purposes by the impounding humane investigator, law-enforcement officer, animal control officer, or licensed veterinarian.sectionMM1