CHAPTER 413

An Act to amend and reenact § 29-184.2, as amended, of the Code of
Virginia, relating to enforcement of dog laws in counties, license tax
rates and disposition of proceeds. (H 226]

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:
1. That § 29-184.2, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 29-184.2. (a) Notwithstanding any other provision of law, except
§ 29-184.3, in any county, the enforcement of the dog laws and local or-
dinances enacted pursuant to § 29-184.4 may, in the discretion of the gov-
erning body thereof, 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 any such county the judge of the circuit court shall appoint
an officer to be known as the dog warden, who shall have exclusive juris-
diction as to the enforcement 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 activities 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 circuit court shall appoint the dog warden and any
deputy recommended by the governing body of such county. Provided, how-
ever, that any county which has adopted the county manager form of or-
ganization and government provided by chapter 11 (§ 15-266 et seq.), Title
15, or any county having a population of more than ninety-eight thousand
but less than ninety-nine thousand, shall appoint such dog warden and
deputy dog wardens in the same manner as are other employees as pro-
vided in § 15-314, and that in any county which has adopted the county
manager form of organization and government provided by Chap. 12
(§ 15-845 et seq.), Title 15, shall appoint such dog warden and deputy dog
wardens in the same manner as are other employees as provided in
§ 15-355. 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
where such dog warden 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 a 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 $400.00 per month nor more than
$500.00 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 employing such dog warden or deputy dog
wardens shall be reimbursed a portion of the salary and expenses of such
dog warden or deputy dog wardens.

(b) 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. oo

(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 supple-
ment 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 shall be * transferred * 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 Protection
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.

2. An emergency exists and this act is in force from its passage.