CHAPTER XXVI.
Animals in City.
Sec. 322. Dangerous animals, unlawful to permit to be
at large.
No person, firm or corporation shall suffer or permit any animal
belonging to him or it or under the control of him or it and
known or reasonably suspected of being dangerous to go at large
in the City of Charlottesville, or be kept in said City at any time
except in strict confinement in such manner as to be safe for the
public. Any violation of this section shall be punished by a fine
of not less than $3.00 nor more than $25.00 and each day such
animal is allowed at large shall be considered a separate offense.
If the owner of such animal shall fail to take it into custody
after being notified to do so by the Chief of Police the said animal
may be killed by any police officer who may deem it necessary for
the safety of the public. Upon complaint or warrant alleging
that a dangerous animal is being allowed to run at large in said
City, or is not being confined in such manner as to be safe for the
public, the owner, or person, firm or corporation in control of
such animal shall be brought before the Civil and Police Justice
of said City and after inquiry into the facts, such Justice shall
order such animal killed by the Police Department or make such
further disposition of the case as shall insure the future safety
of the public from danger from such animal and if such owner
or party in control of such animal cannot be ascertained, then
such animal shall be taken into custody by the Police Department
and tried and disposed of as hereinbefore provided just as
if the owner or party in control of such animal were present.
Sec. 323. Domestic animals—unlawful to permit to be
at large.
No person shall permit a horse, mule, cow or hog to go at large
in the City. Any one violating this section shall be fined not
less than $1.00 nor more than $5.00 for each offense, and the
horse, mule, cow or hog shall be impounded until redeemed, and
if not redeemed within five days after advertisement has been
made in one of the City papers, it may be sold by the Chief of
Police and the proceeds, after deducting the amount of the fine
and costs of arrest, keeping and advertising, shall be held by the
treasurer for the benefit of the owner; but no such animal shall
be advertised until it has been impounded forty-eight hours.
Sec. 324. Fowls—the straying of fowls.
Any owner of fowls of any description who does not confine
them so as to prevent their straying to the premises of others
shall be fined not less than $1.00 nor more than $5.00.
Sec. 325. Limits within which no hogs may be kept—
permits to keep hogs outside of limits—revocation
of permits.
It shall be unlawful for any person to keep any live hogs, except
for immediate shipment or slaughter within the following
boundaries:
Beginning at the point where the City limits cross the Free
Bridge Road, thence with said City limits in a southerly direction
to Monticello Road, thence in a westerly direction to Monticello
Avenue, thence with Monticello Avenue to the intersection
of Monticello Avenue and Meridian Street, thence along Meridian
Street in a southerly direction to Alta Vista Avenue, thence
along Alta Vista Avenue in a westerly direction to Scottsville
Road, thence along Scottsville Road in a northerly direction to
Conway's Alley, thence with a straight line in a northwesterly
direction to a culvert under First Street about 150 feet south of
the Rothwell Cold Storage Plant, thence along First Street in a
southerly direction to the southeastern corner of the colored section
of Oakwood Cemetery, thence in a southwesterly direction
to Hartman Mill Road, at the entrance to Lankford's Green
Houses, thence along Hartman Mill Road, in a westerly direction
to Ridge Street, thence crossing Ridge Street in a westerly
direction along an alley nearly opposite the Hartman Mill Road
to Fifth Street, thence along Fifth Street in a northerly direction
to a point where Elm Street, if extended, would cross Fifth Street,
thence along said extension and Elm Street in a westerly direction
to Ninth Street, thence along Ninth Street to Cherry
Street, thence along Cherry Street in a westerly direction
to Jones Street, thence along Jones Street in a northerly direction
to the Southern Railroad, thence along the Southern
Railroad in a westerly direction to the City line, thence along the
City line in a northerly direction to the Old Barracks Road, thence
along the Old Barracks Road in a southerly direction to the
southeast corner of Washington Park, thence in a northerly
direction to Concord Avenue, thence along Concord Avenue to
Rose Hill Street, thence southerly along Rose Hill Street to
Charlton Avenue, thence easterly along Charlton Avenue to the
old line of the Southern Railroad, thence northerly along the
old line of the Southern Railroad to the City limits, thence with
the City limits in an easterly direction to St. Clair Avenue,
thence along St. Clair Avenue in a southeasterly direction to Hazel
Street, thence along Hazel Street to the point of the beginning.
Hogs may be kept within the City limits outside of said boundaries
only after permit has been granted by the Chief of Police
after approval of the City health officers. Such permit shall be
granted only upon application signed by all owners of property
within two hundred and fifty feet of nearest residence of the
place where such hogs are to be kept. Such permit shall be revoked
by the Chief of Police upon reasonable written complaint
signed by three owners of adjoining property or such permit may
be revoked by the Council.
Any violation of this section shall be punished by a fine of
not less than $2.50 nor more than $25.00 for each offense.
Sec. 326. Sheep—unlawful to keep in City.
No sheep shall be kept in the City limits except for immediate
shipment or slaughter, but in no event shall they be kept in the
City for a longer period than twenty-four hours. Any one violating
this section shall be fined not less than $1.00 nor more than
$5.00 for each day such violation continues.
Sec. 327. Bitches in heat.
No person shall permit any bitch in heat to go at large in the
street, or allow her to remain on his premises to the annoyance
of the neighborhood. The owner of any bitch violating the provisions
of this section shall be fined not less than $5.00 nor more
than $10.00, and the bitch shall be taken into custody by the Police,
and if not redeemed by the payment of the fine within
twenty-four hours, the bitch shall be killed; but the killing of
the bitch shall not exempt its owner from the fine.
Sec. 328. Hydrophobia—dogs to be confined or muzzled.
If at any time the Mayor has cause to apprehend the existence
of hydrophobia among the dogs in the territory over which the
City has police jurisdiction, it shall be lawful for him to require
by proclamation, placarded in conspicuous places, and published
in one or more of the newspapers of the City, that all dogs be
confined to the lots of their owners, or effectively muzzled for
such time as he may prescribe. During such period the owners
or keepers of all unmuzzled dogs, if known, shall be summoned
before the Civil and Police Justice to show cause why they shall
not be fined for noncompliance with this section. The fine shall
be not less than $2.50, nor more than $10.00 for each offense. If
the owner or keepers are not known, the dogs shall be caught by
the police in as quiet a manner as possible and confined forty-eight
hours, at the end of which time the Civil and Police Justice
shall order them to be killed, if not redeemed by the owners or
some other person paying such fine as may be prescribed by the
said Justice, the fine not to exceed $10.00 in any case. No policeman
shall shoot any unmuzzled dog found at large, in the
street, unless necessary to protect the public.
Sec. 329. Animals—cruelty to—penalty, etc.
It shall be unlawful for any person to overdrive, overload, or
to drive when overloaded or unfit for work, or deprive of necessary
sustenance, or to torture, torment, or cruelly beat, mutilate,
or cause or procure to be so overdriven, overloaded, overworked,
deprived of necessary sustenance, tortured, tormented,
cruelly beaten or mutilated, any animal, either as owner or otherwise.
The word "animal" shall be held to include every living
dumb creature. The words "torture" and "torment" shall be
held to include every act, omission or neglect, whereby unnecessary
or unjustifiable physical pain or suffering is caused or permitted;
and the words "owner" and "person" shall be held to
include corporations as well as individuals; and the knowledge
and acts of any person employed by corporations in regard to
animals transported, owned or employed by or in the custody of
such corporation, shall be held to be the act and knowledge of
such corporation. Any one convicted of violating this section
shall be fined not less than $5.00, nor more than $50.00 for each
offense.
Sec. 330. Birds—unlawful to kill.
Any one who shall kill any sparrow, martin, wren, or other
bird, shall be fined $1.00 for each offense. But this section shall
not apply to domestic pigeons when killed by the owner, English
sparrows or starlings.
Sec. 331. Carcasses—to be carried beyond city limits.
The carcasses of all animals which die in the City shall be carried
one-half mile beyond the limits of the City or be buried in
some suitable place. Any one violating this section shall be fined
$10.00.
Sec. 332. Carcasses of dead animals and other offensive
things.
If any person shall place, or cause to be placed, in or on any
street, alley, sidewalk, or lot within the City limits the carcass of
any animal, or any other thing or matter offensive to any citizens,
or to the public, or shall suffer any such nuisance to remain on
any such lot owned or held by him, he shall be fined not less than
$5.00 for every twenty-four hours that such nuisance or offensive
matter may remain.
Sec. 333. Animals with contagious or infectious diseases.
It shall be unlawful for any person to bring into the City or
drive through the streets of the City, any horse or other animal
suffering from any contagious or infectious disease. Any person
violating this section shall be fined not less than $5.00.
Sec. 334. Animals—when dead from infectious diseases,
how disposed of.
When any cow, horse, or other animal shall die of a contagious
or infectious disease, the owner thereof shall forthwith
notify the Chief of Police and he shall at once cause said animal
to be buried in some suitable place at least four feet deep; and
all expense of said burial shall be borne by the owner, and may
be collected of him as fines are collected, should he refuse to pay
the same. Any one violating this section shall be fined $10.00.
Sec. 335. Exhibiting stallion or jack.
If any person shall exhibit any stallion or jack, otherwise than
in harness or under saddle, or have the same serve a mare, within
the corporate limits, he shall be fined not less than $5.00 and
not more than $10.00 for each offense.
