Chap. 209.—An ACT to amend and re-enact an act entitled an act to amend and
re-enact an act entitled an act to prevent damage and injuries by dogs, and
to provide compensation to owners of stock so injured; to provide for license
on dogs and to provide for penalties for violations thereof; to provide com-
pensation to owners of fowl so injured, and to provide funds for the en-
forcement of this act therefrom, approved March 20, 1918, as amended by
an act approved March 22, 1920; as amended by an act approved March 14,
1924, and, as further amended by an act approved March 24, 1926. [S B 37]

Approved March 14, 1928

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to amend and re-enact an act entitled an act to
prevent damage and injuries by dogs and to provide compensation
to owners of stock so injured; to provide for license on dogs and
to provide penalties for violations thereof; to provide compensation
to owners of fowl so injured, and to provide funds for the enforce-
ment of this act therefrom, approved March twentieth, nineteen
hundred and eighteen; as amended by an act approved March
twenty-second, nineteen hundred and twenty; as amended by an
act approved March fourteenth, nineteen hundred and twenty-four;
and, as further amended by an act approved March twenty-fourth,
nineteen hundred and twenty-six, be, and the same is hereby
amended and re-enacted so as to read as follows:

Section 1. (a) Whenever used in this act, unless a contrary
intention is evident, the word “person” shall include individuals,
copartnerships, associations and corporations; the singular shall
include the plural; and the masculine, the feminine and neuter.

(b) The term “livestock” shall be construed to mean and to
include cattle, sheep, goats, swine and enclosed domesticated rab-
bits or hares.

(c) The term “poultry” shall be construed to mean and to in-
clude all domestic fowl.

(d) The term “owner” shall be construed to mean and to in-
clude any person having a right of property in a dog, and any per-
son who keeps or harbors a dog or has it in his care, or who acts
as its custodian, and any person who permits a dog to remain on
or about any premises occupied by him.

(e) The term “kennel” shall be construed to mean an enclosure
wherein dogs are kept and from which they cannot escape.

({) The term “game warden” or “other officer” shall be con-
strued to mean and to include supervising, regular and special
yame wardens or any person employed or elected by the people of
the Commonwealth of Virginia, or by any municipality, county or
incorporated town, and whose duty it is to preserve the peace, or to
make arrests, or to enforce the law.

(g) The term “treasurer” shall be construed to mean and to
include the treasurer of each county and city, or other officer de-
signated by law to collect taxes in said county or city.

Section 2. (a) On or before January first of each year, the
owner of any dog four months old or over, shall, except as other-
wise provided, pay a license tax on such dog to the treasurer of his
respective county or city.

(b) If a dog shall become four months of age or come into the
possession of any person between January first and November first
of any year, the license tax for the current calendar year shall be
forthwith paid by said owner.

(c) If a dog shall become four months of age or come into the
possession of any person between October thirty-first and Decem-
ber thirty-first of any year, the license tax for the succeeding calen-
dar year shall be paid forthwith by said owner and such license
shall protect such dog from date of purchase.

(d) Payment of the license tax subsequent to a summons to
appear before a magistrate or other court for failure to do so within
the time required shall not operate to relieve said owner from the
penalties provided in this act.

(e) Any dog not wearing a collar bearing a license tag of the
proper calendar year shall prima facie be deemed to be unlicensed
and in any proceedings under this act the burden of proof of the
fact that a dog has been licensed, or is otherwise not required to
bear a tag at the time, shall be on the owner of the dog. —

Section 3. Dog license shall run from January first to Decem-
ber thirty-first of each year. The license tax shall be one dollar
for each male or unsexed female and three dollars for each female;
but any person may buy one or more kennel licenses to cover dogs
owned by him, in leu of the license required for each dog under
this act. The kennel license tax shall be fifteen dollars for a
twenty-dog kennel and twenty-five dollars for a fifty-dog kennel.
The license tax herein provided shall be the only license tax on
dogs in this State, and the treasurer is authorized only to license
dogs of resident owners or custodians who reside within the bound-
ary limits of his county or city.

Section 4. The license for a kennel shall consist of a serially
numbered metal license tag stating the number of dogs authorized
to be kept under said license and a metal identification plate for
each of such dogs numbered to correspond with the serial number
of the license tag. The licensee shall securely fasten the license tag
to the kennel enclosure in full view, and, at all times, unless other-
wise provided, keep one of the identification plates attached to the
collar of each dog authorized to be kept enclosed in said kennel,
and any identification plates not so in use shall be kept by the
owner and exhibited promptly to any game warden or other officer
upon request. A kennel dog shall not be permitted to stray beyond
the limits of the enclosure, but this shall not prohibit removing
dogs therefrom temporarily while under the control of the owner
or custodian, for the purpose of exercising, hunting, breeding, trial
or show. A kennel shall not be operated in such a manner as to
defraud the county or city of the license tax applying to dogs which
cannot be legally covered thereunder or to in any manner violate
other provisions of this act. The license issued for a kennel may be
revoked by any magistrate or other court having jurisdiction on
complaint of any game warden, if the law appears to such magistrate
or other court to have been violated by reason of carelessness, negli-
gence or wilfulness on the part of the licensee and such licensee
shall thereupon be required to immediately buy a separate tag for
each of such dogs.

Section 5. Upon payment of the license tax, the treasurer shall
give a receipt on which he shall record in ink the date such tax is
paid, the serial number of the tag, whether male, unsexed female,
female or kennel, and deliver the metal license tags or plates herein
provided for. Said receipts shall be preserved by the licensees and
exhibited for inspection by game wardens or other officers upon
request. If a license tag should be lost or stolen, the owner shall
at once apply to the treasurer from whom the original tag was pur-
chased for a duplicate, which said treasurer is authorized to issue
for the sum of ten cents, upon presentation of the receipt showing
payment of the license tax. The treasurer shall endorse on the back
of the receipt the number of such duplicate tag and date of sale.
Such duplicate tag shall forthwith be attached to the dog’s collar.

Section 6. It shall be unlawful for any owner to have a dog
four months old or over, unless said dog is licensed as herein pro-
vided, and on and after February first of each year, the commission
of game and inland fisheries shall properly proceed through game
wardens to obtain a warrant for any person liable under this act
to pay dog license and who has failed to pay the same. Any per-
son convicted of having failed to pay the license tax on any dog
owned by him shall pay a fine of not less than five dollars nor more
than one hundred dollars, together with all costs incident to such
prosecution, and unless such fine and costs, as well as such license
tax be forthwith paid, such dog shall be killed by the game warden
or hy some other officer who may be designated by the magistrate
to act, but the killing of such dog shall not operate as a release of
the fine and costs and of the license tax or taxes already due.

Section 7. It shall be unlawful for any owner to have a dog
four months old or over that does not at all times wear a substantial
collar bearing a metal license tag of the proper calendar year, ex-
cept that when engaged in lawful hunting in the open season and
accompanied by its owner or custodian, the collar may be removed;
or for an owner to allow a dog to stray beyond his premises with
any contagious or infectious disease, if such disease be known to
him; or for the owner of a female dog to permit said dog to run
at large while she is known to said owner to be in season; or for
any person, except the owner or authorized custodian, to remove
any legally acquired licensed tag from a dog; or for any person to
conceal or harbor any dog on which the license tax has not been
paid; or to violate other provisions of this act.

Section 8. It shall be unlawful for any owner to permit a dog
to run or roam at large at any time without a license tag, except
as herein provided. It shall be the duty of any game warden who
may find or know of a dog so running or roaming at large at any
time of the year, to immediately apply to a magistrate of the
county, city or town, wherein the dog may be, who shall issue a
warrant requiring the owner, if known, to appear before him for
a hearing at a time and place named therein. If convicted, said
owner shall pay a fine of two dollars and fifty cents and costs for
the first offense and five dollars and costs for each offense there-
after.

Section 9. It shall be the duty of any warden who may find a
dog in the act of killing, injuring, worrying or chasing sheep, or
killing or injuring other livestock, to kill said dog forthwith whether
such dog bears a tag or not, and any person finding a dog com-
mitting any of the depredations mentioned in this section, shall
have the right to kill such dog on sight. The board of supervisors
of any county, or any magistrate or other court, shall have the
power to order the game warden or other officer to kill any dog
known to be a confirmed poultry killer, and any dog killing fowls
for the third time shall be considered a confirmed poultry killer.
Any warden or other person who has reason to believe that any
dog is killing livestock, or committing any of the depredations
mentioned in this section, but which has not been found in the act,
shall apply to a magistrate of the county, city or town wherein
such dog may be, who shall issue a warrant requiring the owner or
custodian, if known, to appear before him at a time and place
named therein, at which time evidence shall be heard, and if it shall
appear that such dog is a livestock killer, or has committed any of
the depredations mentioned in this section, the dog shall be ordered
killed immediately, which the warden, or other officer designated
by the magistrate to act, shall do. It shall be the duty of the game
warden to kill any dog of unknown ownership found running at
large on which license has not been paid.

Section 10. Any warden or other officer failing or refusing to
perform any duty herein directed to be performed by him shall be
deemed guilty of a misdemeanor. Any person, game warden or
other officer killing a dog under this act shall burn or bury the
same. Game wardens shall receive two dollars and fifty cents for
each dog killed by them under the provisions of this act. Bills for
such fees shall be rendered by each game warden entitled to receive
them to the board of supervisors of the county, or to the city coun-
cil, or such other governing body of a city as may be authorized by
law to pass upon, approve and order to be paid bills against such
citv. Every such bill shall be verified by the oath of the warden
presenting same, and when it shall appear to such board of super-
visors or city council or other governing body that the account is
correct, the same shall be forthwith ordered paid.

Section 11. Any person taxed by the State who shall have any
livestock or poultry killed or injured by any dog shall be entitled
to receive compensation therefor at the assessed value of such live-
stock and fair value of unassessed lambs, poultry, and in addition
thereto shall recover from the owner or custodian of such dog, if
known, in an appropriate action at law, the difference hetween the
assessed value and the full value of such livestock. Claimants for
damages shall furnish evidence under oath of quantity and value
to the board of supervisors of the county or council or other govern-
ing body of any city within ninety days after sustaining such dam-
age. Any person presenting or receiving any money on a false
claim shall, upon conviction, be fined not exceeding one hundred
dollars or imprisoned in the county jail not exceeding three months,
or both. Nothing herein shall be construed as limiting the common
law liability of an owner of a dog for damages committed by it.
Any person bitten by a rabid dog shall be paid the costs of neces-
sary treatment, not to exceed one hundred dollars; provided that
any county or city having a health officer may require him to treat
said case of rabies, and no person shall be entitled to recover the
cost of necessary treatment herein provided for unless he or she
shall first apply to such health officer for treatment and such of-
ficer refuses or fails to treat the case.

Section 12. All dog tags shall be of a style and design adopted
by the chairman of the commission of game and inland fisheries
and used by every county and city in this State during each vear.
Treasurers shall order from the commission of game and inland
fisheries, not later than May first of each year, a sufficient supply
of such tags for the calendar year following, which said commission
shall furnish not later than November first and upon the receipt of
the bill for tags furnished, the treasurer shall pay the amount of
such bill into the State treasury within sixty days after date of
shipment. Dog tags shall be put on sale by the treasurer on Nov-
ember first, but not earlier, for the year beginning January first
following.

Section 13. The commission of game and inland fisheries shall
provide suitable books containing original perforated and duplicate
leaves for each treasurer in which he shall record the date of sale,
the serial number or numbers, the name, address and magisterial
district or ward of the person to whom issued, whether for a male,
unsexed female, female or kennel, and the amount of the license
tax paid, and he shall receive for handling the funds arising from
the tax imposed by this act, ten cents for each tag sold, except
duplicates and kennel tags, for which he shall receive ten per
centum. The treasurer shall tear the original perforated sheets
from his record books for all persons who bought dog tags on or
after February first of the previous year to the last day of January
of the current calendar year, and forward the same to the com-
mission of game and inland fisheries, Richmond, Virginia, not later
than February fifth of each year. Any treasurer who shall fail to
comply with this, or other provisions of this act, shall forfeit to the
Commonwealth the sum of five dollars for each day’s delay. In
supplying said list, this act shall be construed to have been com-
plied with when the same is deposited in the United States mail,
duly registered and properly addressed.

Section 14. Treasurers shall keep all money collected for dog
license taxes in a separate account from all other funds collected
by them. The commission of game and inland fisheries shall pre-
pare and furnish uniform books and forms to treasurers for the
purpose of carrying out the provisions of this act and when so fur-
nished, treasurers shall keep their accounts in the manner pre-
scribed. Each treasurer shall remit on or before the tenth dav of
each month fifteen per centum of the gross receipts from the sale
of dog licenses to the treasurer of Virginia, as required by section
three hundred and seventy-four of the Tax Code of Virginia, and
upon the receipt into the treasury of such sums, the comptroller
shall pass the same to the credit of the game protection fund. On
December thirty-first of each and every year, or within ten days
thereafter, each treasurer shall make a report of receipts and dis-
bursements of the dog license fund to the commission of game
and inland fisheries, which report shall show the correct number of
tags sold and the gross amount received from amount disbursed
from, the dog license tax of any one calendar year’s sale of tags.
Fach treasurer shall keep separate accounts and make separate
reports for the number of tags received and sold and the gross
amount collected for tags of each calendar year.

Section 15. The report required by section fourteen of this act
to be made to the commission of game and inland fisheries on
December thirty-first or within ten days thereafter, shall be made on
form provided by said commission, which shall show the amount
of money on hand from the previous report and the number of
license tags issued for male, unsexed female, female, kennel& and
duplicates, and the amount collected for each or received frorh any
other source during the period, an itemized statement of the
amounts disbursed by said treasurer for all purposes covered Hy the
provisions of this act and the balance on hand at the time the report
1s made.

Section 16. On December thirty-first, or within ten days there-
after, the treasurer shall return prepaid to the commission of game
and inland fisheries, Richmond, Virginia, by registered or insured
mail, or prepaid freight or express, all unsold tags of the calendar
year. Upon receipt of such tags, the commission shall check the
same, notifying the treasurer of discrepancies, if any there be, and
effecting adjustment thereof.

Section 17. Out of the remaining eighty-five per centum of the
fund shall first be paid all fees for killing dogs, fees to treasurers,
expenses for dog tags, books, forms and records, freight, express,
postage or other items herein provided for, including treatment of
persons for rabies; and, if the amount remaining on hand is suffh-
cient, all damages to livestock or poultry and claims for bounties
on predatory animals and birds otherwise provided for by law. In
the event the same is not sufficient for the payment of such damages
and claims, the same shall be filed and paid in the order of presenta-
tion out of the first available money coming into the fund. Any
funds in excess of two hundred and fifty dollars remaining in the
hands of the treasurer, as shown by his report of December thirty-
first, as made to the commission of game and inland fisheries, shall
on that date be transferred into the general fund of his county or
city ; provided, however, that each incorporated town shall be en-
titled to share pro rata in the fund so disbursed in the proportion
that the amount of the license tax collected in such town bears to
the total dog license tax in the county in which such town is located,
to be used as the town council or other governing body of said
town may direct.

Section 18. The commission of game and inland fisheries is
specially charged with the enforcement of this law, and to that end
is authorized to use the funds herein directed to be paid out of the
dog license fund of each county and city to the treasurer of Vir-
ginia for credit to the game protection fund.

Section 19, This act shall not be construed to prevent dogs from
having collars and tags removed while they are actually being
hunted, and are accompanied by the hunter, nor to prevent dogs,
other than kennel dogs, from running at large day or night, if
properly tagged. Nonresidents may send dogs to Virginia for a
period not exceeding thirty days for the purpose of breeding, trial
or show, without Virginia license.

Section 20. The provisions of this act shall become operative
and apply to tags for the calendar year nineteen hundred and
twenty-nine and for each year thereafter, and any violation of this
act, for which specific penalty is not otherwise provided for, shall
be a misdemeanor. All acts or parts of acts, local or general, in
conflict with this act are hereby repealed.