CHAPTER 589

An Act to amend and reenact § 18.1-228 of the Code of Virginia, relating
to when agent or officer may take charge of certain animals, and
prescribing procedure thereon; and to repeal §§ 18.1-222 and 18.1-224
of the Code of Virginia, relating to the same subject. rH 780]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That § 18.1-223 of the Code of Virginia be amended and reenacted
as follows:

§ 18.1-223. Any such officer or agent may lawfully take charge of
any animal found abandoned, neglected, or cruelly treated or unfit for use,
and shall * forthwith petition any judge of a court not of record in any
city, town or county, wherein such animal is found, for a hearing to be
set not more than ten days from the date of the seizure of such animal to
determine whether the owner, if known, is able to adequately provide for
such animal and is a fit person to own such animal; the officer or agent
shall cause to be served upon the owner, if known and residing within
the jurisdiction wherein such animal is found, written notice at least
five days prior to said hearing of the time and place of such hearing;
if the owner is known but residing out of the jurisdiction where such
animal is found, written notice by any method of service of process
as is provided by the Code of Virginia, shall be given; if the owner is not
known, the officer or agent shall cause to be published in a newspaper
of general circulation in the jurisdiction wherein such animal is found
notice of the said hearing at least one time prior to said hearing and shall
further cause notice of said hearing to be posted at least five days prior
to said hearing at the place provided for public notices at the city hall
or courthouse wherein such hearing shall be had; the officer or agent
may provide for such animal until the owner is adjudged by the court
able to adequately provide for such animal and a fit person to own such
animal, in which case the animal shall be forthwith returned to such
owner, but tf the owner is adjudged by the court unable to adequately
provide for such animal or not a fit person to own such animal then the
court shall order that such animal be sold by the officer or agent at
public auction or destroyed as deemed proper by the court, but in no
case shall the person adjudged unable to adequately provide for such
animal or adjudged an unfit person to own such animal be allowed to
purchase such animal at said sale; the court in determining whether
the owner is able to adequately provide for such animal or is a fit person
to own such animal may take into consideration among other things the
owner’s past record of convictions under this chapter or one simuar
thereto prohibiting cruelty to animals and the owner’s mental and physical
condition; and in case of sale the proceeds shall first be applied to the
costs of the sale then next to the expenses for the care and provision of
such animal and the remaining proceeds, if any, shall be paid over to the
mouner of such animal, and if the owner of such animal cannot be found
the proceeds remaining shall be paid into the Literary Fund of the State
treasury.

2. §§ 18.1-222 and 18.1-224 of the Code of Virginia are repealed.