CHAPTER 672

An Act to amend and reenact §§ 29-184.2 and 29-184.8, as amended, of
the Code of Virginia, relating to enforcement of dog laws in counties
by dog wardens; and deputies thereof; how such dog wardens shall be
appointed; and their compensation fixed. rH 494]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 29-184.2 and 29-184.3, as amended, of the Code of Virginia
be amended and reenacted as follows:

§ 29-184.2. Enforcement of dog laws in counties by dog wardens;
license tax rates and disposition of proceeds.—(a) Notwithstanding any
other provision of law, except § 29-184.3, in any county, the enforcement
of the dog laws and local ordinances enacted pursuant to § 29-184.4 * shall
be vested in a dog warden and deputy dog wardens, and upon the appoint-
ment therein of a dog warden and deputy dog wardens the game warden
shall have no jurisdiction as to the enforcement of the dog laws. * The
judge of the circuit court of the county shall appoint an officer to be known
as the dog warden, who shall have exclusive jurisdiction as to the enforce-
ment of the dog laws in such county; the judge may also appoint one or
more deputy dog wardens to assist the dog warden in dog inspection activ-
ities and in dog law enforcement. Provided, however, that in any county
having a population in excess of twenty-three thousand three hundred fifty
but not in excess of twenty-three thousand three hundred seventy, the cir-
cuit court shall appoint the dog warden and any deputy recommended by
the governing body of such county. Provided, further, that in any county
having a population of not less than seventeen thousand three hundred nor
more than seventeen thousand four hundred, the circuit court shall appoint
the dog warden and may appoint any deputy recommended by the dog
warden, and shall fix the salaries of such dog warden or deputy so ap-
pointed; the maximum and minimum salary brackets shall be determined
by the governing body. Provided, however, that any county which has
adopted the county manager form of organization and government provided
by Chapter 13 (§ 15.1-582 et seq.), Title 15.1, or any county having a popu-
lation of more than ninety-eight thousand but less than ninety-nine thou-
sand, shall appoint such dog warden and deputy dog wardens in the same
manner as are other employees as provided in § 15.1-634, and that in any
county which has adopted the county manager form of organization and
government provided by Chapter 14 (§ 15.1-669 et seq.), Title 15.1, shall
appoint such dog warden and deputy dog wardens in the same manner as
are other employees as provided in § 15.1-687. Such deputy dog warden
shall have the powers and duties of a dog warden. The dog warden and
deputy dog wardens shall have all the powers and duties of a game warden
in the enforcement of the dog laws where such dog wardens and deputy
dog wardens serve only one county or city. In all other cases, such dog
warden and deputy dog wardens shall have all the powers and duties of
& game warden. The dog warden and deputy dog wardens shall be paid
such compensation as the governing body of the county may prescribe.
Provided that in the county of Wise such compensation shall not be less
than four hundred dollars per month nor more than five hundred dollars per
month; and provided, further, that in the counties of Lee and Dickenson
such compensation shall be not less than three hundred thirty-three dollars
per month nor more than four hundred dollars per month. The governing
body of any county in which a dog warden or deputy dog wardens have
been appointed may contract with one or more additional counties for
enforcement of the dog laws in such counties by such dog warden or
deputy dog wardens. Any such contract may provide that the county em-
ploying such dog warden or deputy dog wardens shall be reimbursed a
portion of the salary and expenses of such dog warden or deputy wardens.

(b) The appointments shall be made by the court or judge thereof
in vacation on or before the thirtieth day of June for one, two, three, or
four years, whichever is deemed appropriate in the sole discretion of the
court or judge thereof in vacation, commencing on the first day of July
and expiring on the thirtieth day of June of the year of expiration.

(c) In such county the amount of the dog license tax, which in no
event shall be more than five dollars per dog, shall be fixed by ordinance
adopted by the governing body of such county, and thereafter the tax
imposed under § 29-184 shall not apply therein. The funds collected for
dog license taxes shall be paid into a special fund and may be disposed
of as provided in this section and in §§ 29-206 and 29-209, except that
the county treasurer shall not be required to remit any portion of such
funds to the State Treasurer nor shall the governing body be required to
supplement the salary of the game warden. The county shall pay the
salaries and expenses of the dog warden and deputy dog wardens from
such special fund. Any sum remaining may be transferred, in whole or
in part, to the general fund of the county at the end of the fiscal year.

(cl) The Governor is hereby authorized to transfer at one time or
from time to time from the unappropriated balance in the Game Protec-
tion Fund such sum as may be necessary and recommended by the Director
of the Budget for the revision of the salary of the game warden in any
county adopting the provisions of this section.

(d) All other provisions of Chapter 9 (§ 29-183 et seq.) of this title
shall apply mutatis mutandis to any such county and dog wardens and
deputy dog wardens therein.

§ 29-184.3. Same; certain counties.—(a) Notwithstanding any other
provision of law, in the counties of Augusta and Roanoke, and in the
counties of Orange, Fairfax, Nansemond, Chesterfield, Giles and Spotsyl-
vania, * the enforcement of the dog laws shall be vested in a dog warden
and deputy dog wardens, and upon the appointment therein of a dog
warden and deputy dog wardens the game warden shall have no jurisdiction
as to the enforcement of the dog laws. In such county the judge of the
circuit court shall appoint from a list of not less than three nor more than
five persons nominated by the governing body of the county an officer to
be known as the dog warden, who shall have exclusive jurisdiction as to
the enforcement of the dog laws in the county; the judge may also so
appoint, from a similar list of not less than three nor more than seven
persons, such number of deputy dog wardens as are requested by the gov-
erning body. Such deputy dog wardens shall have the powers and duties
of a dog warden. The dog warden and deputy dog wardens shall have all
the powers and duties of a game warden in the enforcement of the dog
laws. The dog warden and deputy dog wardens shall be paid such com-
pensation as the governing body of the county may prescribe.

(b) The lists of nominations so made by such governing body shall
be submitted to the court or the judge thereof in vacation not later than
the fifteenth day of June of each year and the appointments shall be made
by the court or judge on or before the thirtieth day of June for one year
commencing on the first day of July and expiring on the thirtieth day of
June next succeeding. a

(c) In such counties the amount of the dog license tax, which in no
event shall be more than four dollars per dog, except that in the county
of Giles the license tax on female dogs may be not more than five dollars
and on male and unsexed female dogs not more than two dollars fifty
cents, shall be fixed by ordinance adopted by the governing body of such
county, and thereafter the tax imposed under § 29-184 shall not apply
therein. The entire amount collected for dog license taxes in the county
shall be paid into the county treasury, the provisions of §§ 29-206 and
29-209 to the contrary notwithstanding.

(d) All other provisions of Chapter 9 (§ 29-188 et seq.) of this title
shall apply mutatis mutandis to any such county and dog wardens and
deputy dog wardens therein.

Provided, however, that any county which has adopted the county
manager form of organization and government provided by Chap. 13
(§ 15.1-582 et seq.), Title 15.1, and any county which has a population
of two hundred forty thousand or more persons shall appoint such dog
warden and deputy dog wardens in the same manner as are other em-
ployees as provided in § 15.1-634, or as prescribed by the form of govern-
ment in effect in such county which has a population of two hundred forty
thousand or more persons.

Provided, further, that the provisions of § 29-184.2 shall not apply to
the counties of Buckingham, Essex and Sussex until a dog warden is ap-
pointed pursuant to appropriate action by the governing bodies of each of
said counties.