CHAPTER 472

An Act to amend and reenact § 29-184.2, as amended, of the Code of
Virginia, relating to the enforcement of dog laws in counties by dog
wardens and providing for license taxes and disposition thereof.

H 371

Approved March 31, 1962
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
ordinances enacted pursuant to § 29-184.4 may, in the discretion of the
governing 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 enforce-
ment 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 jurisdiction 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, however, that any county which has
adopted the county manager form of organization and government pro-
vided 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 provided in § 15-314, and that
in any county which has adopted the county manager form of organiza-
tion and government provided by Chapter 12 (§ 15-345 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 com-
pensation shall not be less than four hundred dollars per month nor more
than five 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 employing 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.
(c-1) 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.