§ 7-43. Leaving a dog outside during extreme weather conditions.

(a)

Definition: For the purposes of this section, "outside" shall mean any unattended dog that is outside subject to the weather and elements, which includes, but not limited to, a dog in a securely fenced-in yard, a dog in a kennel or a dog tethered or tied out. A dog will be considered "outside" regardless of access to an outdoor dog house or similar structure unless the kennel is heated and/or air conditioned.

(b)

It shall be unlawful for any person to leave any dog outside and unattended for a period of one-half hour or longer, during such a period when either:

(1)

The temperature is below 32 degrees Fahrenheit; or

(2)

The temperature is above 95 degrees Fahrenheit.

Should any of the above defined weather conditions be met then the dog must be brought indoors. Indoors for the purposes of this ordinance shall be defined as any area of the residence which is temperature controlled including a garage or basement as long as the conditioned space is considered adequate according to the above temperature thresholds.

If a dog is left outside when the temperature is between 32 degrees and 40 degrees the dog must have access to a dog house or other type of shelter that has straw or like bedding of sufficient warmth for the conditions on the floor of such dog house or shelter.

(c)

The city's animal warden, deputy animal wardens, and police officers shall enforce this ordinance.

(d)

Any person violating the provisions of this section shall be guilty of a class 4 misdemeanor. Any person who subsequently violates the provisions of this section for the same animal shall be guilty of a class 2 misdemeanor and the dog may be seized pursuant to Section 3.2-6569 of Code of Virginia as an animal that has been cruelly treated and the court may order the dog forfeited to the city to be disposed of by the city pursuant to subsection D of Section 3.2-6546 of the Code of Virginia.

(Ord. No. O-19-020 , § 1, 3-26-19)

(Ord. No. O-19-020 , § 1, 3-26-19)