CHAPTER 492

An Act to amend and reenact § 29-184.2, as amended, of the Code of
Virginia, relating to enforcement of dog laws in certain counties,
appointment and salary of dog wardens and bicense tax rates and
disposition thereof.
[H 492]

Approved March 31, 1964

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 ordi-
nances 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 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 enforce-
ment. 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, further, that in any county having a popu-
lation of not less than seventeen thousand three hundred nor more t
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 appointed; the mazxt-
mum 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 * 138
(§ * 15.1-582 et seq.), Title * 15.1, 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 § * 15.1-634, and that in any county
which has adopted the county manager form of organization and govern-
ment 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 8 * 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
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 compen-
sation shall not be less than four hundred dollars per month nor more
than five hundred dollars per month; and provided, further, that in the
county of Dickenson such compensation shall be not less than three hun-
dred 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 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 sup-
plement 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 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.