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09-09-1968 Packet r - e VIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on September 9, 1968 at 7:00 P.M. Present: r1r 0 Irvin G. Horner, Chairman r'ir. H. o. Browning, Vice-Chr. Mr. J. Ruffin Apperson Mr. A. R. Martin Mr. C. J. Purdy r1r. Lee R. Gordon,Comm. Atty. !Vir. Horris 1'1ason,Asst.Comm.htty. r1r. Howard A. l'iiayo,Jr. Co.Planner Mr. M. W. ~rnett,Exec.Sec'y. Mr. John E. Longmire,~sst.~xec.Sec'Y. Absent: Mr. F. F. Dietsch The Chairman opens the meeting stating that those who wish to voice their opinions concerning the proposed Dog Crdinance would be heard. The present Ordinances and the proposed Ordinance were read. Those speaking for the Ordinance are as follows: ~~. James Harding, hidlothian -Forest Acres, complains of a pack of wild dogs. Mr. Bert Russell, ~Iidlothian - Forest Acres - Too many destructive dogs. Mrs. Bert Russell - The owners should keep dogs penned. Mr. R. ria Garrison, l",idlothian - Forest Acres - Dogs ruined over half of his shrubbery. Mr. Dwight Wood-Brighton-Green Subd.-Area troubled with barking dogs. l'1r. James M. Hague - Lake Crystal-He followed the procedure and wrote registered letters to his neighbors, now his nei0hbors will not spea~ to him. ~s. R. E. Gates - Dogs are roaming even in the period of confinement. Mr. W. E. Wooten-Manchester-Is concerned about the safety of the dogs. l',iss Frances Holbrook complains of vicious dogs in her neighborhood. Mrs. Fred Cary, Dale District-Pocahontas Acres - Has lost various clothing by stray dogs. r1rs. Jean Winn - Is for the Ordinance. Mr. Joseph Winn - Dogs cannot protect the owners if they are not at home. . . l'flr. John \'villiams - Bruce Fbad - Dislikes all dogs including the two his wife owns. Mr. Ralph Corin - For the Ordinance. Mrs. John Lyon - Traylor Estates - Dogs in the area attach people. Mrs. Anne Coleman - Bon &r - Is disturbed by the barking and howling of dogs. Mrs. W. T. ~rke - Hopkins Road - states that she keeps her dogs at home, so could everyone else. Mr. Clarence Monk - Ordinance should be passed for the protection of children, psychological damage to the neighborhood, for the safety of dogs and the preservation of property. lVir. L. E. Hatcher - Chester - Board should do something about cats. Mr. John R. Sinclair - Chester - Dogs damage shrubs. Mr. E.W.RJmsey - Manchester - Dogs cause a world of abuses. Mrs. Bessie Fergusson - Manchester - Dogs tear up gardens. i"ir. James 1,\1. Brand states that dogs have killed his azaleas. 1V~. Joe Pennington - Bermuda - States that his neighbor was summonsed three times and was warned all three times. Mrs. hyrtle Adkins States she is for the Ordinance. Mr. \'J. G. 2arthing - hanchester -President,Virginia Kennel Club - Is for the 0rdinance. r1rs. Elizabeth Hines -Lanchester - Is for the Ordinance. l"'ir, Clayton Briggs - Hanchester - Cwns five dogs and is for the 0rdinance. Mrs. Wash - ~anchester - Is for the Ordinance. Hr. and i\;rs. Leslie I'/larshpund - Bermuda - Speaks for the Ordinance. j'.lr. Tom Houf - hanchester, lVIr. Jack L. Clements-Bermuda, and Hr. vJ.L. Davis - Midlothian - Speak for the Ordinanceo hiss Anne Dorsey - Bon Air - Presents a petitd.on for the 0rdinance. l".r. Stansbury and l'!ir. R. Zom - hidlothian - Speak for the Ordinance. Mr. R. honroe keep~ two large dogs on his property. Thinks others should do likewise. -2- , i , " . . Mr. Orvin Shank -Dale - Trampling Farms -Complains of the dn~~ge to his yard by stray dogs. l"Ir. i<.obert Burton -Matoaca-',-jants all dogs confined. l',jr. Lee Gordon -Commonwealth's Attorney, explains that in his opinion during hunting season dogs are generally under the control of the hun ter . Mr. L. H. Alley - Gay Fa~ms -Has lived allover the world and dogs should be protected. Mr. Charles O'Keefe -l'1ember of the Board of Directors, Scottish Club of Virginia, speaks for the Ordinance. Those speaking agains~ the proposed Ordinance are as follows: l"'ir. T. Go Nelson -tv'Jidlothian -Suggested a low fence to keep dogs off shrubs. Proposes an ordinance to allow some dogs to run loose. l".r. T. W. Castlebury - Bermuda-Owns two small dogs, has no problem in his area, dogs offer protection. The little girl killed in Henrico probably would not have been killed if her dog was allowed to be with her. Mr. B.J. Meredith - Midlothian - Opposed to the Crdinance as written and is concerned about hunting dogso iVJr. ;.'Julian W. Nunnally -Is concerned about deer dogs. hr. M.T.Dubus Bermuda - Spent four years as Dog Catcher in another area. Presents another Or,:inance which could be used as a guide. Mr. Robert Deaderick - Manchester - Should be an ordinance to control dogs but not keep all dogs out of circulation. Dr. T. L. Gorman - hidlothian - Recaps complaints and states that the Crdinance "Jill punish many citizens to get at a quil ty few. The cost involved in enforcing such an ordinance will be too much in this era of heavy taxation. Suggest Citizens Committee to investigate the problem. Mr. Ed Paschall - Speaks against the Ordinance. l"ir. John hartin, Jr. - !Viatoaco. - All dogs are not vicious, don't condemn all dogs on account of a few. l'1rs. L.E.Armstrong - ~rmuda - Suggest a portion of the dog fees go for educating children and officers concerning the handling of dogs, and raised the question conc~rning the priority of such an issue as this when ther,..; are much more importan t items to discus s. Mr. Robert S. Burton - l"Iidlothian - His children must walk 1.2 miles to a school bus and he feels safer when his dog walks with the children. -3- ~ . . Mr. Christopher Carlisle - Matoaca-Most citizens will not keep dogs in pens. Mr. \J.L.Clopton - Dale - If dogs are kept in pens they become mean and will bark disturbing the peace. I'irs. Bessie Bailey - Midlothian - states there are three houses within two miles on her road and the increased fee to $3.00 is going to buy the necessity to ke~p dogs penned up. Miss Phyllis Ittner - Paper CarriLr -Put kids on leash and let dogs run loose. Mr. James ~encer - Dale - Deerfield. The Ordinance at present is adequate.lf people want to protect their property they should get warrants called for in the Ordinance. Those present in favor of the proposed~~g~n~Bfifited as being approximately lOlo Those against the proposed Crdinance number approximately 56. I'Jjr. A. E. Binns -Bermuda-Speaks for the Crdinance. ~tr. Apperson states that since Mr. Dietsch, Supervisor from Manchester was unable to be here tonight he suggest that the matter be deferred to the regular meeting on ~dnesday. ~r. Purdy suggests that a vote by referendum which give the ward a better idea of hmJ the total <bunty population felt concerning this issue. Mr. Martin states thi.lt he would support a referendum because this is the democratic process. !VIr. Ai:;person speaks at length on the Ordinance and procedures, with- draws his previous suggE::stion to defer the atter and upon further consideration moves that the proposed ordinance be adopted. \!~hereupon, j\lr. bartin seconds the motion. lVir. Browning states that he came as a co-sponsor to the Ordinance but prefers to think about it until \1ednesday. Perhaps a referendum would be in the best interest of the County. Mr. Horner states that Clover Ifill is an urban area and hopes that in 1970 the Gener2l Assembly will adopt some legislation to allow the law to be enforced by areas other than in the County at large. Mr. Purdy states that the Ordinance will pass but still there should be a referendum. A vote being taken on the motion: Fir. Apperson, l"ir. l'lartin and [\Oir. PU.l;"dy vote Aye. I'Ir. Horner votes Nay I'lr. Browning abstains from voting stating that he still wants time for reflection on tonight's meeting and to consider the possibility of .a referendum. -4- . , " . . On motion o~ rJ~. Purdy, seconded by i',r. Brovming, it is resolved that this Board appoints D. W. Murphey as Trustee of the Chesterfield County Policemen Pension and Retirement System for a term of four (4) years, expiring June 30, 1972. On motion of ~~. Purdy, seconded by hr. Apperson, it is resolved thEt the Chesterfield County huseum Committee be authorized to lend the (;ld Indian dugout to l'ir. Joe Bellamy for display at the State Fair, with provisions that credit be given to-the Chesterfield COunty Museum Commi t tee. - On motion of hr. Apperson, seconded by !\Ir. iVjartin, it is resolved that the County Engineer be and he hereby is authorized to install approximately 650 feet of l6-inch pipe on a private easement along Rt. 10,southwardly from Cogbill Road. It is here noted that this is a part of the Master Plan and will furnish water to several houses which have experienced well problems. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Board adjourns at 11:55 P.M. to 9:00 A.M. on September 11, 1968. -5- t " . e AN ORDINANCE to repeal Chapter 2, Article 3, Sections 2-5.2 and 205.3 and to amend and reordain Section 2-5 to prohibit dogs from running at large in the County of Chesterfield, and Section 2-5.1 to provide for the impoundment of said dogs in violation of Section 2-5, and Section 2-11 to provide for a dog license tax, and Section 2-l4 to provide for confinement and disposition of dogs. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTER- FIELD, VIRGINIA: 1. That Chapter 2, Article 3, Section 2-5 and Section 2-5.1 of the Code of the County of Chesterfield be and it is hereby amended and reordained to read as follows: Section 2-5 DOGS RUNNING AT LARGE It shall be unlawful to permit any dog to run at large within the boundaries of the County at any time during any month of the year. For the purpose of this section, a dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's~mediate control. It shall be the duty of the Dog Warden, Deputy Dog Warden or Police Officers to enforce the provisions of this ordinance, and any person who permits his dog to run at large shall be deemed to have violated the provisions of this section, and shall be liable to a fine of not less than five nor more than twenty-five dollars for each violation. Section 2-5.1 IMPOUNDl1ENT OF DOGS IN VIOLATION OF SECTION 2.5 It shall be the duty of the Dog Warden, Deputy Dog Wardens or Police Officers of the County of Chesterfield to cause all dogs found running at large in violation of Section 2-5 to be caught and penned up in the County Dog Pound. The Dog WGrden, Deputy Dog Wardens or Police Officers shall make every effort to determine ownership of the confined dog and notify tile owner of its whereabouts. 2. That Chapter 2, Artid.e 3, Section 2-1l of the Code of the County of Chesterfield be and it is hereby amended and reordained to read as follows: Section 2-11 LICENSES; TERM; FEES ~ It shall be un12:;.::"::.ll for any person to own a dog ~ months old or over, unless such dog is licensed, as required by this section. Dog licenses shall run by the calendar year from January first to December thirty-first, inclusive, and the license tax shall be payable on or before February 1 of each license year at the office of the County Treasurer and shall be as follows: Male - For a male dog, three dollars Unsexed Female - For an un:Jexed female dog, three dollars Female - For a female dog, three dollars Kennel - for twenty dogs - For a kennel of twenty dogs, fiftoen dollars Kennel _ for fifty dogs - For a kennel of fifty dogs, twenty-five dollars. _f ." ~-- . -(..- I .. J _ d' / , ~ . Funds collected in the enforcement of this section shall be disposed of in the same manner as dog license fees. 3. That Chapter 2, Article 3, Section 2-14, paragraphs (a), (b) and (c) of the Code of the County of Chesterfield be and it is hereby amend- ed and reordained to read as follows: Section 2-14 CONFINEMENT AND DISPOSITION OF DOGS; REDEMPTION BY OWNER; POUND CHARGES. (a) The Dog Warden shall cause to be constructed ana maintained a pound or enclosure and shall require dogs running at large contrary to the provisions of this chapter to be confined therein. Any dog which has been so confined for a period of ten days and has not been claimed by the owner thereof may be destroyed by the Dog Warden or otherwise disposed of in accordance with this section; provided, however dogs confined with tags shall not be destroyed until the owner of such dog has been notified in writing by certified mail at least fifteen days prior to the destruction of the dog. Such notice requirement shall be deemed sufficient when mailed to the owner's address as it appears on record in the County Treasurer's Office. (b) Any dog found in the County not vaccinated or not wearing an authentic vaccination tag or license tag as provided in this chapter shall be impounded by the Dog Warden, Deputy Dog Warden or Police Officer. (c) Any dog confined under any of the provisions of this chapter may be redeemed by its owner at any time after confinement, if such dog has not been otherwise disposed of under the provisions of this section, upon payment of the proper fees. No dog shall be released to any person claiming ownership until proof of current dog license receipt or tag and current valid vaccination certificate are presented, and by payment to the Dog Warden of a fee in the amount of $1.50 if claimed during the first 24 hours of impoundment and $.50 for each additional day tllereafter. Funds collected under this section shall be disposed of in the same manner as dog license fees. 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VIRGINIA: At an adjourned meeting of the Board of Supervisors of Chester- field County, held at the Courthoure on February 24, 1966 at 1:00 p.m. AN ORDINANCE to amend the Code of the County of Chesterfield, Virginia, by adding a new section to reouire the own~rs of all dogs to confine their dogs to the premises of the owner during the first fourteen (14) days in April and September of each year. On motion of Mr. Britton, seconded by Mr. Apperson, BE IT ORDAINED; by the Board of Supervisors of Chesterfield County, Virgini~, that: A new section be added to the Code of the County of Chesterfield, Virginia, known as Sec. 2-5.3, as follows: Sec. 2- 5.3. The owners of all dogs in the County shall confine such dogs to the premises of the owner during the first fourteen (14) days in April and September' of each year. This ordinance shall be in full force and effect upon its passage as reauired by law. A Copy: - Teste - ----I ~ r ~/-"-', . ~/ ~ '/ "-/~0 4/,;:/0/-;-'LV----g~(, y ~xecutive Secretary v . . j~N ORDINANCE to amend The Code of the County of Chesterfield, Virginia, Chapter 2, Section 2-5.l, controlling the running at large of dogs during the period hay 1 to September l5 of each year by readopting Section 2-5.1, as amended, to prohibit the running at large of dogs anytime after having been notified as prescribed, by certain persons that the owner's dog is running at large. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHJ:::STf;RFIELD, VIRGINIA 1. That Chapter 2, Section 2-5.1 of the Code of the Gbunty of Chesterfield, Virginia be repealed and readopted as follows: Sec. 2-5.1. ------Running At Large Any owner after having been notified in writing by any landowner, game warden, dog warden, or other officer of the law, either by registered or certified mail addressed to the address of the owner of such dog, or by service of notice by an officer of the law, that his dog is running at large, it shall be unlawful for the said owner of such dog to permit such dog to run at large within the County. Any person violating this section shall be punished by a fine of not less than five nor morG than twenty-five dollars. This Ordinance shall be in full force and effect after its enactment as prescribed by law. Adopted April 23, 1964. ~ . . December 13, 1961 On motion of ~x.Driskill, seconded by ~r.Goyne, the following ordinance is adopted: AN ORDINANCE to amend the Code of the County of Chesterfield, Virginia, Chapter 2, controlling the vaccination of dogs for rabies; to amend said Ordinance by readopting Article III, Section 2-11, as amended for determining the period preceding the time of application that a vaccination was obtained. BE IT ORDAINED BY THE BOilRD Or" SUPi:;RVISORS OF THiE COUNTY OF CHK./rERFELD, VIRGINIA: 1. That Chapter 2 of the Code of the County of Chesterfield, be amended as follows: ARTICLE III ~ Section 2-11, as amended. Every owner applying for a license for a dog after Novem~'er 1, 1961, shall exhibit to the Treasurer of the County of Chesterfield, a vaccination'certificate issued in the form prescribed by the County IIsalth Officer and shovving that the dog was vaccinated at some time during the thirty-six months prior to the 1st day of November of the year for which application for the license is made with a (,lOdified live virus approved by the County Health Officer or showing that the dog was otherwise treated for immunization against rabies Hithin twelve months prior to the 1st day of November of the year for which application for the license is made by such other method or treatment approved by the County Health Officer. No license shall be issued for a dog if the owner fails, refuses, or neglects to exhibit such certificate to the County Treasurer. Adopted December 13, 1961 ,." .. . . AN ORDINANCE: To prohibit the running at large of vicious or destructive dogs within the County of Chesterfield and to provide penalties for the violation thereof. BE IT ORDAINED BY THZ BOJ\r~D Cl~ SUP,~RVI .oCR::': (.l~ CHSSTi.CRFI:':';LD COUNTY: I Sec. l. That it shall be unlawful to permit the running at large within the boundaries of the County of Chesterfield,of any vicious or destructive dog, and all persons owning,having control of or harboring any such dog within the County, shall be, and are hereby required to keep the same confined to their premises. For the purpose of this ordinance, a dog shall be deemed "to run at large" while roaming,running or self hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. The word "owner" as used in this ordinance shall include any person having a right of property in such dog, and any person who keeps or harbors such dog, or has the dog 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. Sec. 2. No person shall be charged with a violation of this ordinance unless the complainant shall appear before a justice of the Peace or other officer authorized to issue criminal warrants and ~ake complaint thereof and request a warrant to be issued charging such violation. Upon the issuance of such warrant, the police officer executing the warrant may summons,in writing, the person charged in warrant to appear before the County Court of Chesterfield County, at a time to be specified in such summons, if the ,,,; ~ 1 . . person charged shall give his written promise to appear at the time and place designated in said summons. Every person who willfully violates his written promise to appear shall be guilty of a violation of this ordinance which shall be in addition to the charge upon which he was originally summonsed. Sec.3. The term "person" as used in this ordinance means an individual, partnership, association or corporation. Sec.4. That any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not less than five ($5.00) nor more than twenty-five ($25.00) Dollarso Ordincmce adopted 1\.lgust l3, 1957. . . ORDINANCE NO. 312 APPROVED BY THE BOARD OF SUPERVISORS July 24, 1968 AN ORDINANCE to amend and reordain Chapter 2, Article 2, Section 2-21, Paragraph (g) of the Code of the County of Henrico, Virginia, to prohibit, dogs from running at large in the County of Henrico, Virginia. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HENRICO, VIRGINIA: , 1. That Chapter 2, Article 2, Section 2-21, Paragraph (g) of the Code of Henrico be amended and reordained to read as follows: Section 2-21 PERMITTING DISEASED DOGS TO STRAY; FEMALE DOGS IN SEASON; REMOVAL OF COLLAR AND TAG; CONCEALING DOGS; POISONING DOGS, ETC.; VICIOUS DOGS AND DOGS RUNNING AT LARGE: PENALTY (g) Any dog running at large. For any dog to run at large within the County at any time during any month of the year is prohibited. For the purpose of this paragraph, a dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at large in the County of Henrico shall be deemed to have violated the provisions of this paragraph and shall be fined not less than $5.00 nor more than $25.00 for each violation. 2. This Ordinance shall be in full force and effect from and after its passage as provided by law. /-( . e k V' C 0 - 'j I:::: il: .1 I: J 0 10 I ~ ~ c' ,~ ,5 , bIJ ',,!,!~v] . "",'.,r"":-- -< 'i.\1(r,,:::",; ;" ; ;i~/~\t"" :"', ;";',' ':-.' '.' ., ~;, .. .~. ',', ;, ':\ ~,~. ,~: N:!'-:, ,,'. .:~ : ,J, :. ~,;~',t: r:" :", '. .~, '. ~ I '; ~!~,;: !," ;.",-:.: ; \, fYI::,: j",} ~. .... ., . /': ;,i.j~ '," ~\,~~.;: :;', ,'; ~':. ~- " '; .; :~:~~,J ~::' J~~i'f> : '.' ;"1 \ : ;.~: '- .. . ~ Ie,:, ' I ", '~!I"\ l . l .' , .. , , tf, ':" , ; i: ,~. . \." ;~": ;-:.' ~ i ' .-~, ;; -. f:": . .~.. . . ' '::.': .,' ~. ,;' . ~ I' r:, , II'. j ~T';:;; It':: \:' ., ~.: :. .L, ".'.... ". r'~' .\ '\/.... 11'. .' ,I ': ~ ;;\~' ?',' ~.: . /. ,1,'\ , . \: ", ",'I " ' ,., , " '(' ~.,:.' l::. .' . '~~(., ',i':' ",. ". . ',. , . " , " I~ i ~. ! S i I: I~ I'" "l~ Ig . ' I: I k . I'~ '1- i~ ., c I~ I I ,I :' ',:..' . ,-I ,,'c, I,) " ...~ I,. ....,. " ..'.' . , ,.' 1',: :.', " ".' . ..' 't ~ ." . ',' ". " . ',t' " ' .:', '" CHAPTER ., 68,1' i .', .' ~, ,., .:' ~. A't AQt to Mn.(l!i(i. i.t"tl~ 'i'fJd'litLct ~ $tJ.1.~J" .';0 tI/",ondlJtl, of !.ILa Corlo of Virginia, Telating to penn1:ttint! ?1w.ni~ipalities to 1'er,""i1'e that dogs '1Iqi:.,()onfined; ?'e,~tricted 01' 7"mned up, A~{ , '.~~' '; .. *!' [H 697] Approved APR 5 10~o I,JOO Be it enacted.,~y the General Assernbly of Vi',gi\l!a: :;" That S 29-194, as, amender;. .of the Code of Virginia be ameDded and reenacted as follows: S, 29-194, .;1'he governing' l~odies, of th,e c~untie~, cities a\,(~, !owns of thiS State ;11'e hereby ;i\1'Ch.'l'Ized, ill their cl1scretJon, to prolllOlt the running at large of. dogs during such months as they may desigEate, or ,'snch ,qoverning bo(7ies nUl,?! "'cqniTe that doys be confined 01' 1'cstricted OJ' pt;ll-ned up dUTinq such pC1"iod,~. For th8 pm'po,5e of this ~cction, a dog shall be deemed to" run at large while roaming, running or self- hunting off the property of it:> OWn0)' 0:' cu"todian and not 1.1rJ,::.':" its owner's or custodian's imme..:l:ate control. It ~:]-.all be the duty v: ';he game'wanlens to cnfol'ce the, provisions of this SGction, and any '\,,;;:'svn who permits his dog. to nm :xt large, 01' 'i'cmrdn nnconfined, un:r{3..:t:'ieted or not penned 11]1 shall be deemed to have viobted the provisions of t'Jis section, ilnd sh~<1l be liable t\; a fine of not less than five nor more than twenty-five dollars for each violatic'r.. It shall be the duty of the dog wardens 01' such other officers as may l)c designated to enforce the ,~l',)vi-' sions of ordinances adopted to carry Olit the ])rovisiG.l.", of this section, It shnli be the duty of the game warden 01' dog warder, ;;;' their depntief; in counties having a population of mOl'e than twenty-six thousand seven hundred fifty but less than twenty-seven thousand to kill any and al1 cogs running at large during the prohibited period, -~ ',1 . President of the Sen,:t;:: ............................................................................._..............................n....... Speaker of the House of Delegates Approved :' ....,._..;. _.... . ...... ...... _"........ ...... ......._.. "_" u_ ........ ....... ._.. .._...._. n_._..'.......... ..... ........... Governor .~ ~. '/. N i' ,. Jit~\;'~i':'~ .' . ::rJ.-xr:'; . ., ,lr~ "..\,,' f" ib;' . ,t", ',' ':(fi:!~~' "/,, "-. '~f;'.:.: : . .-,' ,.. :i~~ ,. ;~;; \"ti ~11'~ h, :;I~, . '.:'!. :ii " ~:. t.~' " .,' fa: I;: .~ o o .& '" !~ 100 I - 1& I'~ I~ II " I I .\ I ,I I> '1.,: ....f ~ . . ..,:, . . CHAPTER 672 . '" lll) I .. I:':: ,~ 18 1-", 'w I", I~ I . i & i~ 1.8 '''<:: lu lb.O ! ,S i~ i< . An Act to amend and ?'eenact ~S BfI-18,~,2 (/,nd 2.?-18J,.,H, as rtmenclell, of the Code of Vi?'o'/:nia, ?'c/rL/,inl! to enfO'i'(!c'l1l,en(; of dOl! lnws 1:n eml,nt1:e,'! etnd cities by dO,q wG.?'Clcn; nnd depui'ies the'reof; how such rlo[J 'lUetn/ens shall be appointed; and thei?' eompensation fixed, [H 1194J Approved ~PR'l 5 M. 1968 Be it enacted by the Genel'al Assembly of Virginia: 1. That tis 29-184,2 and 29-184,3, as amended, of the Code of Virginic~ be amended and reenacted as fonows: S 29-184,2, Enforcement of dog laws in counties by dog wardens; license tax rates and disposition of proceeds,-(a) NotwithsUmding' any other provision of law, except S 29-184,3, in any county, the enforcement of the dog laws and local ordinances enacted pUl'suant to S 2~)-184.4 " shaU be vested in a dog warden and deputy dog' wardens, and upon the appoint- 111el1t therein of a dog warden and deputy dog wardens the game warden shall have no jurisdiction as to the enforcement of the dog laws, '" The , judge of the circuit comt of the counl'lI shall appoint an officer to be known as the dog warden, who shall have exclusive jurisdiction ,1,S to the enforce- ment of the dog laws in such county; the judge may also appoint one (",' more deputy dog wardens to assist the dog warden in dog inspection activ- ities and in dog .Jaw enfol'cemeiJt, Provided, however, that ir. any county having a population in excess of twenty-three thousand three hundl'ed fifty but not in excess of twenty-three thousand thl'ee hundl'cd seventy, the Cil'- cuit court shall appoint the rlog warden and any deputy recommended by the governing body of such county, Pl'ovidecl, further, that in imy cour:ty having a population of not less than seventeen thousand three hundl'ed nOl' mOl'e than, seventeen thousand foul' hundred, the circuit court shall appoint the dog warden arid may appoint any deputy l'ecommended ):,y the dog warden, and shall fix the salaries of such dog warden or deputy so ap- pointed; the maximum and minimum salary brackets shall be determim,d by the governing body, Provided, howevel', that any county which h~,,; adopted the county manager form of organization and govel'nment provided by Chapter 13 (915,1-582 et seq,), TitJp 15.1, or any county having a popu- lation of more than ninety-eight thousand but less than ninety-nine tho'J- sand, shall appoint such dog warden and deputy dog \Vadens in the same manner as are other employees as provided ins 15,1-634, and that in any county which has adopted the county mana!);er form of organization a:l j government provided by Chapter 14 (S 15,l-66D 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 S 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 .,11 the powers and duties of a game warden in the enforcement of the dog iaws where such dog wardens and deputy dog wardens serve only one county or city, In all other cases, such dog warden and deputy dog wardens shall have ,.ll the powers and duties of' a game warden, The dog warelell 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 four hundred dollars per month nor morc than five hundred dollal's per 'month; and provided, further, that in the counties of Lee and Dickenwn such compensation shall be not less than three hundred thirty-three dollars a, S w. Vi;.';, . :. " . .h~~;.~"",..-.....l-;',._.o..:_MoO~ ~H, .', . '. }.:t '~.i ' . . [!::,';;<:, : ;.(1"1 ..! ,'I 11:,:" ,t.... 'h::-'.:,. ,1<: ,.t'o. ,~, , :~l\: .". ;" ' 'lli ~l:. , ~,\..:. -: .l.. ~(': , f:,:, . " \.- 'H 'II' " . . 10.' j~ '. .'.,,'. ~.,.. , j. '. ;1 d' j" . 'I, ,'.. " .i"ll, \;'.....,: " ", , ", J,', . '.... '. :.': .1'0- . '....-..;, . :: .....;' \.... . .' :i.:,n::: " , :t'".'.. ( l~{' t': j ,',.. .'. \}1:'''::~':,:) :" , " J.." ,...'".' ':\.:: 'i j., ~,' . . -:.', i',' . : I ~..... ::- '1" '.,,' 1(., : K""..:' " , , '.~ ,,"~-........-,.:.o._..:..-;/b-~~"::."~"":"''':''';'~'''''''''~'_''''''''''''''''''''''''''''_''''____.M'_'''' ',., .. , , , . , ...., . .. ' 2 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 .clog laws in such counties by such clog warden or deputy dog wardens, Any such contract may provide that the county em- ploying such dog warden 01' deputy clog wardens shall be reimbursed a' portion of the salary and expenses of sllch clog 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 .Junc for one, two, three, 01' four years, whichever is deemed appropriate in the sole discretion of the court 01' judge thereof in vncation, 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 elol]ars per .dog, shall be fixed by ordinance adopteel by the governing boely of such county, and thereafter the tax imposed under S 29-184 shall not apply thel'ein, 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 sS 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 shaH pay the I salaries and expenses of the dog warden and deputy dog wardens fl'om such special fund, Any sum remaining m;1,y be transferred, in whole or in part, to the genel'al fund of the county at the end of the fisc;1,l year,' (c1) The Govel'J1or 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 adop'ting the provisions of this section, (d) All other provisions of Chapter 9 (S 29-183 et seq,) of this title shall apply mutatis mutandis to any such county and dog wardens and deputy dog wardens therein, S 29-184,3, Same; certain counties,-(a) Notwithstanding any other provision of law, in the counties of Augusta and -Roanoke, and in the counties of Orange, Fairfax, Nansemond, Chest,QrtLeld, Giles and Spotsyl- vania, * the enforcement of the dog laws sharIbeves'fea 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 Jaws. In such county the judge of the' " circuit court shall appoint from a list of not less than three nor mOl'e t:,an' five persons nominated by the governing body of the county an officel' to.' be known as the dog warden, who shall have exclusive jurisdiction as to' the enforcement of the dog laws in the county; the judge may also so appoint, from a'similar list of not less than three nor mOl'e than seven persons, such number of deputy dog wardens as are requested by the gov- eming body. Such deputy dog wardens shall have the powers and duties: .,' of a dog warden. The dog wal'den and deputy dog wardens shall haw, all the powers and duties of a game warden in the enforcement of the dog laws, The dog warden mid deputy dog wardens shall be paid such com- pensation as the governing body 'of the' county may prescribe, (b) The lists of nominations so made by such governing body shall be submitted to the court or the judge thereof in vacation not later than the fifteenth day of June of each year and 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. J ' (c) In such counties the' amount of the dog license tax, which in no evenCs.hall pe more than four dollars per dog, except that in the county " " ~~~~~i.~"~;l"~""-~-,-,.",~__~_,~_ ._ ......,_._...._~~_""""___..._""'""--,...._.~ __...._.....___...... ...., 4' ~.__.._....._. ..__.._.... __ .'. _, y~i: , " ~~'[_. ' .oJ. . '. . ,) ~!. . ;; l~' il;, 'l:'; , "':1,. ' ,: ~ j ,~~ 3 ~ ' .' ',:, of Giles the license tax on female dogs may be not more than fivc dollars and on male' and unsexed female dogs not morc than two dollars tifty cents, shall be fixed by ordinance adopted by the govcl'l1ing body of such county, and thereafter the tax imposed under S 29-184 shall not apply the1"ein, The entire~'::uuount collected for dog license taxes in the county shall be paid into the county treasury, the provisions of SS 29-206 and 29-209 to the contrary notwithstanding, . , (d) All other provisions of Chaptcr 9 (S 29-183 et scq,) of this title shall apply mutatis mutandis to any such county and dog' wardens and deputy dog wardens therein, Provided, however, that any county which has adopted the county manager form of organization and govel'l1ment provided by Chapter 13 (s 15,1-582 et seq,), Title 15,1, and any county which has a population of two hundred forty thousand or more persons shall appoint such dog warden and deputy dog wardens in the same manner as are other em- ployees as provided in S 15,1-634, or as prescribed by the form of govel'l1- ment in effect in such county which has a population of two hundred forty thousand or more persons, Provided, furthel', that the provisions of ~ 29-184.2 shall not apply to the counties of Buckingham, Essex and Sussex until a dog warden is appointed pursuant to appropriate action by the governing bodies of each of said counties. 1;: " ,', " d. ;; . .,.'. '; ,. ," '.. ' '. : !. 'J-:.'-" '-. " '.,' ~:. .: - ~ -- --,-~I. , , : ~~: :, ;~~ ,;. '.': :: '<_: I t. :1 . .- , . ......................................... ~~, ..~, ' .. ;~>. President of the Senate ., ,.' :J' it .....................,....................... ....................................................................................... Speaker of the House of Delegates . Approved: ~, . ...........................,.........................-............................................................................. Governor " . ." ~ t. " , ~ : ~ .' . ; ,.".. , " :<:.,;.;.~ . .' '.. . ;.,' . " ,'j~~{,)i. " ~ . BoROef.1I OF nER~An.l)SYILL": ORIJI~A""CE N." 174 AN OHDJNANCE PROVIDI;-.JG FoH THE I.ICENSING AND HEGt 'I. \. TION (JF DOGS IN TilE BOBOUGH OF Afo:Rr-:AHDSVILLE. SO!\1EHSl:T COUNTY, Nr~W JERSEY. BE IT OHDAINED by the l\.1a;-'Qr and Council of the Boroufh of Bf'r- Ilardsville in the Count yo 5olTlc,'sPt. SECTION 1. (3) No person shall keep or twrb<lr any dog within the Borough 'If St'f- l1ardsvillc in the County of Somrcset without first obtaining a license thcl t~- for. to be issued hy the Clerk of the Horough upon applk3tion by the owner dlHi payment of the prescribed fee. and no person shall keep or harbor any dog in s<lirl Borough except in COlli- pJiancc with the provisions of thJS ordinance. (h) "Dog of licensing age" shall me:lll any dog whieh has attained the dg:C of seven months or which pusesses a set of permanent teeth. SECTION 2. An)' person who shall own, ke(:p or harbor a dog of licensing age sh~lI in 1he month of January, or upon acquisition thereof. and in the month (If January, annually, thereafter, apply for and procure from the Clerk of the Borough, or other official desig. nated bv the Mavor and Council thereof to I1CCllS" dogs in the Borough of Ber. nardsvilil:, a license and official metal registration tag for each such dog so owned, kept ur harbored, and shall place upon such dog a collar or har- ness with the registnltion tag securely fastened thereto. SECTION 3, The persons applying for the license ;:md registration tag shall pay the annual fee for such license of two t$2.011l dollars and the sum of twenty.nve cents for the registration tag of each dog; and for each renewal the ice for the license and registration tag shall he the sanie as for the original license and tag'; and said licenses, reg- istration tags and the renewals thereof Sh;lll expire on the last day of January in each vear, , Dogs used as guicles for blind persons and {'onllnonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs herein above provided for. except that the owner or keeper of such dog shall not be required to pny any fee therefor. SECTION 4. No person, except an officer in performance of his duties shall remove a registration tng Cram the collar of any dog without the con. sent of the owner, nor shall any per. t-ion attach a registration tag to a dog for "\\'hieh it was not issued. SECTION 5. Any person who keeps or oPerates or proposes to establish a kennel, a pel shop, a shelter or a Jlound, shalI apply to the Clerk, or ol.her IlfTicial in the Borough, for a Ii. c('nse entitling him to keep or operate slJch establishment. The application shall describe the premises "\vhere the establishment is l(!catcrl or is proposed to be located, the purpose or purposes for which it i~ to be rnaintained and shall he accom- panied by the written approval of the Board of Health of the Borough show- mg compliance with local and State rules and regulations governing location of and sanitation at. such cstnblishment. All licenses issued for a kennel. pet shop, shelter or pound shall state the purpose for \o,.'hich the establishment is maintninecl and all such licenses shall expire \.In the last day of .Tanuarv of each year, and he subjet'l to revocation hy the Borough on recommendation of lhe Siatc De-});'lrtment of Health or the Board of Henlth of the Borough for f;:tilure to comply with the rules and . regulations of the State Department or local Board governing the snme after the owner has been afforded a hear. ing by either t.he State 01' local Board. Any person holding such license shnll not be required to secure individuol licenses for dogs owned bv such Ii. sencce and kept at such est:iblishment: such license shall not be transferable t oanother owner or different premises, SECTION 6. The i:lnnunl nkense fee for a kennel providing accomodations for te nor less dogs shall be ten ($10.00) dollars and for more th::m ten dogs twenty-five 1.$25.001 dollars. The nnnual license fee for a pet shop shall be ten ($10.00) dollnrs. No fee shall be charged for a shelter or pound, SECTION 7 No dog' kept in n kennel. pet .shop. shclter or pound shall he permitted "off sueh premises. ex(~ept ,.;..;: I \ 11\( 'H 11 1t \, j \'1 I .1, g 'I /I 'I lJ l' ',lid I, I- , _01, l'f, .' II' L1'~ ,nl! P,ll': '-'.1 ,t .1~1 '" 111':' '.j. ' ,:;'1, 01 :I. ,'ei"I,'I,I>. .. I (' ," Ut , ,J't'l ,.,1 tht' 11.1.1,' ul l' e ('.IUrt "L.! p", 0,\ Ill'l' ill' 1!t..:J'~I., t:.{;'jJl'lJ! 01 t..lrl1ol'll'g ~"Id dtlr, lid'; nfl' prOdll!'" I II! PJ"(WUn.:fJ ..t Ih'CI'..,e aHel rcgl~tr..ll. n t,I'-' jor ~ald (,l":~ tile rtqg c~dcher, tlVl' \\ ,d(lf..'n t,r P('l!: d.1l1d ':H.'I' hl~ agent "f _ ~wt'nts, 111"\ <-',1ll..t' tl~e d'll' to br~ (le"'II"~l'd III 1I1,l11ll\'r l,lllSillg d~ iittit. p;tln as pus- ~J1,je Hu\\ c\'el in lieu of d\ stroying any !,ucn dug, the dug c,:ildH'r. d'lg w;;u'den ur p,)unu-rnaster, hiS al:ellt UI' agents, mav sell such do~ t.! ,lilY person \\bo P,(\"s all cXl-l.en::-c~ uH.'urn:d by l'e:l~{)l\ 01 Its detcntlon at d (',JU"'CS s3td nog tu be pruperly l!<...'CII$,'d pursuant tu SCl.'t.lOn ~i hereol, SECTION 12, The c:<qJcn:;,es referrcd to 111 ,section 11 \. h]{'h ~h,d I be !J;._tld h\ thc r)\',ller or pi~rhun keeping or h~ll.bormg .t dog th,lt h~s ben Impuund- ed sh:dl be llll'CC ISa,UUl doUdrs for llllpounding s':lld dog ~t1d lifl \' cents per d;:iY 1l13lOtel1ance. Nn t!\'.Ot'l' 01' person keepmg or harburmg Solid dog snaIl be permitted tu. c1Ultll ,In 1m. pnund(~rl dog unless a IJeense and reg- I:;ll.i.lllnn tag C:lll he prllduccd fur said dog. The fee above mentioned shall be paid to the Clerk uf the BOI-ough and shall be f(Jrwanled to the 'I re:tsurer vi tHe Bo!'uugh within thirty l:iO) d;;IYs aftt'r \.'oJlcction ut receipt. unci sb,dl be placed in the same account \\ Ith the liL'ense fees, SECTION l;j, No provir..;jnn of the ordinance shall be construed as giving anv <luthoritv for disposal of impound. cd. dugs for'n1edic<tl research, or for compulsory inoculation of dogs with :m11-J':lblC vaccilles. ~ECTION 14. The provisions of Ch3p. 1"1' 151 Public Laws of 1!141 of the He\'lsl~d Statutes t)f the State of New Jcr~':,Y knu\\ n as the Dog Contrtll Act ~h.:tll be and ,Ire considered an integrnl part of this ord1l1,lIlce when not ex. prcs~I...' set forth Itl thi'" orctlllancc and shaIJ be ~trictl\' enfoTl:ed in the Bor. ough t)f BernardsviUc, SECTION 15. Even Section of thiS ordinancc, or subdivision or separate parI, thereof shall be c:on~ictcred L"I SCpo ;lrate provision, to the intent th3t if any portIOn shall be declared Ull(~on. stilutional it shall not ;::dfect the re- Ill:lining parts of this ordin<.ince. SECTION 16. Any person who via- lute :-'clIlY provision (A this ordinance or \~ ho f:lils or refuses to comply \\ it 11 Ole applicahle secti011s thereof, or the rules and rcgul<ltions promul- gated b;.-' the Stote Department of Healt.h shall be linbl€, tn il peniqty of not le::;s th;'ln fi\'c ($500i dollars. nor more than fifty ($50 (lo) rlnlhrs fur eHell (,ITense. and upon failure 16 pay s;;lid Ane and C\lst:; :Uld dl;lJ'ges incident thereto, 1!1<1\' be imprisoned III the County J ail for a period not ex('('('din/-t 1€11 'lO) rl.av!> in the case of ;1 Ilrst convicti(Jn, :.ind in the ca~e {,f a c\lnviction {f,lr a secon,d subsequent or !'olll.llHllllg viola1.inll, lor a period 11\.11 c)o,ccerllllg thirty (:W f daYs, The Court III its dis('retiOn mav remit an" fine lJ1 whole or ill pai,t In case's \\ !wre the defendant voluntarily causes thf' OfT(,llrllOg d,)g: to be clc~tr()\'ed SECTION 17, AIJ nrdlllances and parts of ordin:1nccs inconsistt:nt hercwith are hereby repealed, and this flrdinnnce ~hall t~lke effe(,'t immcdiately upon liS pa::iS;I,E:C, approv;t1 and publication In the lll;lllllcr prOVided hv );H\'. FlnH readmg Sept. 21, 1953. I'~ln:ll re<lding ~nd p;:lssed OctfJber HI, I n5:~, THE CO~I~10N COUNCTL OF THE HO~O{:GH OF BEHNAR:nSVlILLE IN nH~ COUNTY OF ~()I\1EHSET. l\tle~(; W, FRENCH GITHENS, MayoI' ALI~E H, DECKER Borough Cle'rk, -. III h l~h t'r I:FJ C/ cltp ,r .tller 5o,j. Ct,:1 l. -E( Tlt.'oJ ;\ 'l',~,; 11' 1\ he e'er- I~' '! or Illlllte\ II' the "\'\>I,d~ .tJr fi('Jd~, \' lW1 11":' P1 \"1 la1 'HI (,f Ow F"hh and G,II t:' L,I\\~ of 'tlC State of New Jersey. 10..11 otflt'r\\ he no person q~.\ nlllg, .ke('I~lng 1.1' h-lrl1orlllg a dug shnll permit s;lld dllg tn he oil' the pt.en1i~es (,f the Ilwner \'1' upon any street or other plllJl1e pl~l('e III tl.l' Borough of Bel"ll.:lrrlsvlllc, excc-pt ull a lea~h or othcl'\\ is(~ under thl! control of a responsible perSall, unless s;tirl dog )ws ben ini'H'ulated :lgainst r,lbies \\ithin one year by a lkensed vcterinal"icln. SECTION H. No person owning, keep- ing or twrboring <l dog, whether or llot inoculated ag;:linst r3bies. shall pt>r- mit said dog to be or become a puhlic nui~ance or create a condition hHI.. ;.l.rdous to health, SECTION 10. The !\'Iavor and Council shall have powcr to ilJ)point a pouml. master ur other designated authority whose dutv it shall be to enforce- the proviSIOns .of this ordinance, The May- or and Council shall o.lso have power t oenh:r into a cuntract. with one or more persons, either indivjdu~l1 or cor. porate, for the exercise (){ the duties of clog ('atcher, dog warden or pound master and the enforcement of the provisions of thIS ordinance. All police officers, regular and special. of the Borough of Bernardsville, are hercbv churged with the same power :111<1 authority 3S dog catcher and dog war- den and with the enforcement of this ordinancc. ' SECTION 11. The dog cntcher, dog warden f)r jJound.mn.ster shall take into eustody and impound 01' cause to be taken mto custody and impounded. and thel'c<tfte.r destroyed or disposed of as provided m nus Section: (3) Any dog f)fl' the prcmises of the owner or of t)lc person kceping or harboring said qog, which saict ofTlci;ll, or his agcnt., or tlgents, has reason to believe is nf)t in compliance with Sec1.inn~ 8, !J, and 10 of this ordin;)l1ce, (bl Any dog ojf the premise.s of the O\\"Jler or of the per;;on keeping or harboring- said dog, without a current registrufiOfl .fa goo his collar, (c) All,\' female dog in se<lson off the premises of the owner or of the persoll kepin gor harbf)rjn~ said ring, except when nn leash :md in control of a responsible perF:on r.:apable of maintaining such control. (d) No person owning, keping or harboring a dog shall permit the dng to go on the property uf others Mter being notified, in writing, b~' ~wid owner or occupant to keep the dog oIT his property. A copy fJf said notice shall be filed .with Ulf~ enforcement otricel. (flog eatcher, dog warden or pound-masterl of Ihis ordinance. leI Any dog that bites a person, without prO\'flc:-llion, when :-;aid dog is ofT th(.' properly of hi:; owner, shall be deemed to be \.iciollS :Hld a nuisCillce. When the enforcement officer (dog catcher, dog warden or pound-m:lsler t releases s:lid dog frmll confinelllcnl, h(~ shall notify, in writing, the person owning. ~cping Ill' hnrboring s3id dog 1.0 k('('p It ffllm J"llIlning" at brge nntl undel' control of a responsible perSOIl when tnken olT its property. (fl If :lll.... dog 50 seized wears a ('ollar or harness ha",ing inscnbed thereon or :ltt;lched thereto the n;llne ~lOd <:,1ddress of any person (Ir a reg- lstl'atlfltl. la~ or t1w O\~'ller or the per. son keplng or hal"bol'lng said dog is known, the dog cutcher, dog \\.:lrdl'n or pt)lIlld.ma~ter, his agent or agents, shall forthWith serve on the person whose addl.css is given on the collar. or on the .owner, or the person keping- or harbormg said dog, if known a notke in \\.!"'iting, stating- that the 'dog has ben seIzed and will be liable to be disposed of or destro\'ed if not claimed within seven days after the .service 0 fthe notice. A notice under this section mav be ~el"\'ed either by delivering it to' 1he knm\'n place or' :lbode, or.:1t the ad. dress given on the collar, or by for- w:',1rcting it by po~t, in a prcpnld en. \"~lope. addressed to tll;H person at lllS usual, or last known place of ;:thode, or to the <iddress given on the coll:lr, When any dog so seized has heen detained fpr s('\'en days ;titer notice, when notice c:ln h<, given as nllovc set forlh. OT has beell detained for sev. en da.\ s ;Ifter seizure, when no lIotice can be gIven as ,lbo\'c sf'l for\h, OT P'.d :~ j" ,,' .,', It' ;?' v q;.( I' frj "',pt "":t' ':' "l,y. -', '.;.#'i h ($34.10) ~ 'dll :,,:,0 .., " ' 10 22-t1 ~:1 ;; ,,/ /}f.'i. }." .il 'f. t( Jf I',.:' Ii ",', I " J{:1) Ii J - ';~ .- -:. ''".: '~.J!~ ,'r~, . /9._.-!Y -r.~, .;. .->-' BOROUGH OF BERNARDSVnLE ORDINANCE No. 174 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULA, TION OF DOGS IN THE BOROUGH OF BERNARDSVILLE, SOMERSET COUNTY, NEW JERSEY, BE IT ORDAINED by the Mayor and Council of the Borough of Ber- nardsville in the Count yot Somerset: SECTION 1. (a) . No person shall keep or harbor any dog within the Borough of Ber- nardsville "jn the County of SOmreset without first obtaining a license there. for, to be issued by the Clerk of the Borough upon application by the owner and payment of the prescribed fee. and no person shall keep or harbor any dog in said .Borough except in com- pliance with the provisions of this ordinance. (b) "Dog of licensing age" shall mean any dog which has attained the age of seven months or which posesses a set of permanent teeth. SECTION 2. Any person who shall own, keep or harbor a dog of licensing age shall in the month of January, or upon acquisition thereof, and in the month of January, annually, thereafter, aYPlY for and procure from the Clerk o the Borough, or other official desig. na ted by the Mayor and Council thereof to,license dogs in the Borough of Ber. nardsville, a license and official metal registration tag for each such dog so owned, kept or harbored, and shall .place upon such dog a collar or har- ness with the registration tag securely fastened thereto. SECTION 3. The persons applying for the license and registration tag shall pay the annual fee for such license of two ($2.00) dollars and the sum of twenty.five cents for the registration tag of each dog; and for each renewal the iee for the license and registration tag shall be the same as for the original license an!i tag; and said licenses, reg. istration tags and the renewals thereof shall expire on the last day of January in each year. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs herein above provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. SECTION 4. No person, except an officer in performance of his duties shall remove a registration tag from the collar of any dog without the con. sent of the owner, nor shall any per- son attach a registration tag to a dog for which it was not issued. SECTION 5. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or" a pound, shall apply to the Clerk, or other official in the Borough, for a - li- cense entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it. is to be maintained and shall be accom. panied by the written approval of the Board of Health of the Borough show- ing compliance with local and State rules and regulations governing location of and sanitation at such establishment. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shaH expire on the last day of January of each year, and be subject to revocation by the Borough on recommendation of the State Department of Health or the Board of Health of the Borough for failure to comply with the rules and regulations of the State Department or local Board governing the same after the owner has been afforded a hear- ing by either the State or local Board. Any person holding such license shall not be required to secure individual licenses for dogs owned by such Ii- sencee and kept at such establishment; such license shall not be transferable t oanother owner or different premises. . SEcrION 6. The annual nicense fee for a kennel providing accomodations for te nor less dogs shall be ten ($10.00) dollars and for more than ten dogs twenty-five ($25.00) dollars. The annual license fee for a pet shop shaH be ten ($10.00) dollars. No 'fee shall be charged for a shelter or pound. .' SECTION 7. No dog kept in a kennel. pet shop, shelter or pound shall be permitted "off such premises, .except . on leash or nia crate or other safe con tro!. SECTION 8. Dogs may be exercised or hunted in the woods or fields when not in violation of the Fish and Game Laws of the State of New Jersey, but otherwise no person Q}\'ning, keeping or harboring a dog shall permit said dog to be oft the premises of the owner or upon any street or other public place in the Borough of Bernardsville, except on a leash or otherwise under the control of a responsible person, unless said dog has ben inoculated against rabies within one year by a licensed veterinarian. SECTION 9. No person owning, keep. ing or harborinft a dog, whether or not inoculated agamst rabies, shall per- mit said dog to be or become a public nuisance or create a condition haz- ardous to health. SECTION 10. The Mayor and Council shall have power to appoint a pound- master or other designated authority whose duty it shall be to enforce the provisions of this ordinance. The May. or and Council shall also have power t oenter into a contract with one or more persons, either individual or cor- porate, for the exercise of the duties of dog catcher, dog warden or pound master and the enforcement of the provisions of this ordinance. All police officers, regular and special, of the Borough of Bernardsville, are hereby charged with the same power and authority as dog catcher and dog war- den and with the enforcement of this ordinance. SECTION 11. The dog catcher, dog warden or pound-master shall take into custody and impound or cause to be taken into custod,y and impounded. and thereafter destroyed or disposed of as provided in this Section: (a) Any dog off the premises of the owner . or o~ U1e person keepin~ or harb<?rlOg said aog, which said official, or hiS agent, or agents, has reason to believe is not in compliance with Sections 8, 9, and 10 of this ordinance. (b) Any dog off the premises of the owner . or of the person keeping or harborin~ said dog, without a current registratIOn ta gon his .collar. (c) Any female dog in season off the premises of the owner or of the person kepin gor harboring said dog, except when on leash and in control of a responsible person capable of maintaining such control. (d) No person owning, keping or harboring a dog shall permit the dog to go on the property of others after being notified, in writing, by said owner or occupant to keep the dog off his property. A copy of said notice shall be filed with the enforcement officer (dog catcher, dog warden or pound-master) of this ordinance. (e) . Any dog that bites a person, without provocation. when said dog is off the property of his owner, shall be deemed to be vicious and a nuisnnce. When the enforcement officer (dog catcher, dog warden or pound-master) releases said dog from confinement he shall not!fy, in writing, the perso~ owning, kepmg or harboring said dog to keep it from running at large and under control of a responsible person when taken off its property. ({) If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name ?nd address of any person or a reg- Istration tag or the owner or the per- son keping or harboring said dog is known. the dog catcher, dog warden or pound.ma~ter, his agent or agents, shall forthWIth serve on the person whose address is given on the collar, or on the owner or the person keping or harboring said dog, if known a notice in writing, stating that the dog has ben seized and will be liable to be disposed of or destroyed it not claimed within seven days after the service 0 fthe notice. A notice under this section may be serv~d either by delivering it to the known place of abode, or at the ad- dress given on the collar or by for. warding it by post, in a' prepaid en- velope, addressed to that person at his usual,. or last known place of abode, or to the address given on the collar. . When any dog so seized has been detained for seven days after notice when 'notice can be' given as above set forth, or has been detained for sev- en days after seizure. when no notice can be given as above set forth, or - because of lack of name and address or owner, and if th.e own~r or person keeping or harbonng smd dO$ has not claimed said dog and paId ~ll expenses incurred by reason, of Its detention and if the dog be unltcensed at the time of the seizure nnd the owner or person keping or harboring said dog has not produ~ed or procur~d a license and reglstratlon tag for said dog, the dog ca~cher, dog warden or pound.master, hiS agent or agent.s, may cause the dog te;> be de.stroyed 1Il manner causing as htUe pam as pas. Si~~~'ever in lieu of destro;ying any sucn dog the dog catcher, dog warden or pound-master, his agent or agents, may sell such dog to any person who pays all expenses incurred ~y reason of its detention and causes sald dog to be properl~ licensed pursuant to Section 3 hereot. SECTION 12. The expenses r~ferred to in Section 11 which shall be paid by the owner or person keeping or harboring a dog that has ben impound- ed shall be three ($3.00) dollars for impounding said dog and fifty cents per day maintenance. No owner or person keeping or harboring said dog shall be permitted to claim an im- pounded dog unless a license and re~- istration tag can be produced for said dog. The fee above mentioned shall be paid to the Clerk of the Borough and shall be forwarded to the Treasurer of the Borough within thirty (30) days after collection of receipt, and shall be placed in the same account with the license fees. SECTION 13. No provision of 'the ordinance shall be construed as giving any authority for disposal of impound- ed dogs for medical research, or for compulsory inoculation of dogs with anti.rabie vaccines. SECTION 14. The provisions of Chap- ter 151 Public Laws of 1941 of the Revised Statutes of the State of New Jersey known as the Dog Control Act shall be and are considered an integral part of this ordinance when not ex- pressly set forth in this ordinance and shall be strictly enforced in the Bor- ough of BernardsvUle. SECTION 15. Every Section of this ordinance, or subdivision or separate part thereof shall be considered a sep- arate provision, to the intent that if any portion shall' be declared uncon- stitutional it shall not affect the re- maining parts of this ordinance. SECTION 16. Any person who vio- late sany provision of this ordinance or who fails or refuses to comply with the applicable sections thereof. or the rules and regulations promul- gated by the State Department of Health shall be liable to a penalty of not less than five ($5.00) dollars, nor more than fifty ($50.00) oClllars for each offense, and upon fallure to pay said fine and costs and charge~ inCident thereto,. may be imprisoned in the County Jail for a period not exceeding ten (10), days in the case of a first conviction, and in the case of a conviction for a second subsequent or continuing violation, for a period not exceeding thirty (30) days. The Court. in its discreti<?n may remit any fine In whole or m part in cases where the defendant voluntarily causes the offending dog. to be destroved. SEqION 17.. All ox:dinances arid parts of ordmances mconslstent herewith are hereby repealed. and this ordinance ~hall take effect immedJately upon ~ts ,passage. approval and publication 10 the manner provided bv law F!rst read.ing Sept. 21. '1953. . Fmal.readmg and passed October 19 1953. ' , THE COMMON COUNCIL OF THE BOROUGH OF BERNARDSVllLLE IN THE COUNTY OF SOMERSET. Atte~r W. FRENCH GITHENS, Mayor ALINE H. DECKER, Borough Clerk. ($34.10) ~-/\ 10.22,\1 / BOBOUGH OF BEBNARDSvnLB ORDINANCE No. 114 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULA. TION OF DOGS IN THE BOROUGH OF BERNARDSVILLE, SOMERSET COUNTY, NEW JERSEY, BE IT ORDAINED by the Mayor and Council of the Borough of Ber- nardsville in the Count yo{ Somenet: SEcrION I. (a) No person shall keep or harbor any dog within the Borough of Ber- nardsville in the County of Somreset without first obtaining a license there- for, to be issued by the Clerk of the Borough upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Borough except in com- pliance with the provisions of this ordinance. (b) "Dog of licensing age" shall mean any dog which has attained the age of seven months or which posesses a set of permanent teeth. SECTION 2. Any person who shall own, keep or hart;>or a dog of licensing age shall in the month of January. or upon acquisition thereof, and in the month of January, annually,. thereafter, arPIY for and procure from the Clerk o the Borough, or other. official desig. nated by the Mayor and Council thereof to license dogs in the Borough of Ber. nardsville, a license and official metal registration tag for each such dog 50 owned, kept or harbored, and shall place upon such dog a collar or har- ness with the registration tag securely fastened thereto. SECTION 3. The persons applying for the license and registration tag shall pay the annual fee for- such license of two ($2.00) dollars and the Bum of twenty-five cents for the registration tag of each dog;. and for each renewal the iee for the license and registraUon tag shall be the same as for the original license and tag; and said licenses, reg. istration tags and the renewals thereof shall expire on the last day of January in each year. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs herein above provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. SECTION 4. No person, except an officer in perform ance of his duties shall remove. a registration tag from the collar of any dog without the con- sent of the owner, nor shall any per. son attach a registration tag to a dog for which it was not issued. SECTION 5. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound, shall apply to the Clerk, or other official in the Borough, for a Ii. cense entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be iocated. the purpose or purposes for which it is to be maintained and shall be accom- panied by the written approval of the Board of Health of the Borough show- ing compliance with local and State rules and regulations governing location of. and sanitation at such establishment. All licenses issued for a kennel, pet shop, shelter or pound shall state the pUlJ><!se for which the establishment is mamtained and all such licenses shall expire on the last day of January of each. year, and be subject to revocation by the Borough on recommendation of the State Department of Health' or the Board of Health of the Borough for failure to comply with the rules and regulations of the State Department or local Board governing the same after the owner has been afforded a hear. ing by either the State or local Board. Any person holding such license shall not be required to ~ secure individual licenses for dogs owned by such li. sencee and kept at such establishment: such license shall not be transferable t oanother owner or different premises. SECTION 6. ,The annual nicense fee for a kennel providing accomodations for te nor less dogs shall be ten ($10.00) dollars and for more than ten dogs twenty-five ($25.00) dollars. The annual license fee for a pet Shop shall be ten ($]0.00) dollars. No fee shall be charged for a shelter or pound. SECTION 7. No dog kept in a kennel, pet shop, shelter or pound shall be permitted "off such premises, except because of lack of name and address or owner. and if th:e own~r or penon keeping' or harbormg saId dOlJ has not claimed said dog .and paid ~ expenses incurred by reason. of Its detention, and if the dog. be unlicensed at the time of the seiZure' and the owner or person keping or harboring said dog has not produ~ed or procurt:d a license and regIstration tag for said dog, the dog ca~cher, dog warden or pound.master, hIS agent or agent~, may cause the dog t~ be de.stroyed m manner causing as htUe pam as pos- sible. HO\'lever in lieu of destroying any sucn dog, the dog c.atcher, dog warden or pound. master, hIS agent or agents, may sell such dog to any person who pays all expenses incurred ~y reason of its detention and causes said dog to be properly licensed pursuant to Section 3 hereof. SECTION 12. The expenses referred to in Section 11 which shall .be paid by the owner or person keeping or harboring a dog that has ben impound- ed shall be tnree ($3.00) dollars for impounding said dog and fifty cents per day maintenance. No owner or person keeping or harboring said dog snall be permitted to claim an im- pounded dog unless a license and re$- istration tag can be produced for sald dog. ' 'rhe fee above mentioned shall be paid to the Clerk of the Borough and shall be forwarded to the Treasurer of the Borough within thirty (30) days after collection of receipt, and shall be placed in the same account with the license fees. SECTION 13. No provision of the ordinance shall be construed as giving any authority for disposal of impound- ed dogs for medical research, or for compulsory inoculation of dogs with anti.rabic vaccines. . SECTION 14. The provisions of Chap~ ter 151 Public Laws of 1941 of the Revised Statutes of the State of New Jersey known as the Dog Control Act shall be and are considered an integral part of this ordinance when not ex- pressly set forth in this ordinance and shall be strictly enforced in the Bor. ough of Bernardsville. SECTION 15, Everr Section of this ordinance, or subdiVIsion or separate part thereof shall be considered a sep- arate provision, to the intent that if any portion shall be declared uncon. stitutIonal it shall not affect the re. maining parts of this ordinance. SECTION 16. Any person who via. late sany provision of this ordinance or who fails or refuses to comply \vith the applicable sections thereof. or the rules and regulations promul- gated by the State Department of Health shall be liable to a penalty of not less than five ($5.00) dollars. nor more .than fifty ($50.001 oonars for each offense./ and upon fallure to pay said fine- and costs and charli{es incident thereto, may be imprisoned in the County Jail for a period not exceeding ten (10) days in the case of a first conviction, and in the case of a conviction for a second subsequent or continuing violation. for a period not exceeding thirty (30) days. The Court in its discretion may remit any fine in whole or in part in cases where the defendant voluntaril;y causes the offending dog to be destroyed. SECTION 17. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. and this ordinance shall take effect immediately upon its passage. approval and publication in the manner provided by law. First reading Sept. 2], 1953. Final reading and passed October 19 1953. ' THE COMMON COUNCIL OF THE BOROUGH OF BERNARDSVIILLE IN THE COUNTY OF SOMERSET. Atte~r W. FRENCH gITHENS, Mayor ALINE H. DECKER Borough Cle'rk. . on leash or nia crate or other safe control. SECTION 8. Dogs may be exercised or hunted in the woods or fields when not in violation of the Fish and Game Laws of the State of New Jersey, but otherwise no person Qi\'ning, keeping or harboring a dog shall permit said dog to be off the premises, of the owner or upon any. street or other public place in the Borough of Bernardsville, except on a leash or otherwise under the control of a responsible person. unless said dog has ben inoculated against rabies within one year by a licensed veterinarian. SECTION 9. No person owning, keep. ing or harborin~ a dog, whether or not inoculated agamst rabies. shall per- mit said dog to be or 'become a public nuisance or create a condition haz. ardous to health. SECTION 10. The Mayor and Council shall have power to appoint a pound. master or other designated authority whose duty it shall be to enforce the provisions of this ordinance. The, May. or and Council shall also have power. t oenter into a contract with one or more persons, either individual or cor- porate, for the exercise of the duties of dog catcher. dog warden or pound master and the enforcement of the provisions of this ordinance. All police officers, regular and special, of the Borough of Bernardsville, are hereby charged with the same power and authority as dog catcher and dog war- den and with the enforcement of this ordinance. SECTION 11. The dog catcher, dog warden or pound.master shall take into custody and impound or cause to be taken into custody and impounded. and thereafter destroyed or disposed of as provided in this Section: (a) Any dog off the premises of the owner or of t,J1e person keepins or harboring said aog. which said official, or his agent, or agents, has reason to believe is not in compliance with sections 8, 9, and 10 of this ordinance. (b) Any dog off the premises of the owner or of the person keeping or harborin~ said dog, without a current registratIon ta gon his collar. (c) Any female dog In season off the premises of the owner or of the person kepin gor harboring said dog, except when on leash and in control of a responsible person capable of maintaining such control. (d) No person owning. keping or harboring a dog shall permit the dog to go on the property of others after being notified. in writing. by said owner or occupant to keep the dog off his property. A copy of said notice shall be filed with the enforcement oft'icer (dog catcher, dog warden or pound-master) of this ordinance. .(e) Any dog .that bites a person, Without provocation, when said dog is off the property of his owner, shall be deemed to be vicious and a nuisance. When the enforcement officer (dog catcher. do~ warden or pound.master) releases said dog from confinement he shall notify. in writing. the person owning. keping or harboring said dog to keep it from running at large and under control of a responsible person when taken off its property. (f) If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a reg. istration tag or the owner or the per- son keping or harboring said dog is known, the dog catcher, dog warden or !jund-master, his agent or agents sha I forthwith serve on the person whose address is given on the collar or on the owner or the person keping or harboring said dog. if known a notice in writing, stating that the 'dOg has ben seized and will be Hable to be disposed of or destroyed if not claimed within seven days after the service 0 fthe notice. A notice under this section may be served either by delivering it to the known place of abode. or at the ad- dress given on the collar or by for. warding it by post, in a' prepaid en. velope, addressed to that person at his usual, or last known place of abode, or to the address given on the collar. When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for sev. en days after seizure, when no notice can be given as above set forth, or -- ($34,10) _--v. IO.22,U , . Mf'd', Robef't M, Wh.i.te ---------------~ . 3481 RiveI'view Df'ive, Ri.ch.mond, Vif'ginia ~ ~ ~~-\, , ~ ~, ~LU1mQ.tt'. - l ~ '--.DKl~~C\ ~ , \. / ~,\\~~ \n1~ ~~~+ Qqat Nf+ Q. ~q ~ ~~ \~W \5YI / ~~Q'G~ ~ ~<DLUY\~. -=r: Uso-.ch1sh'Yrl 4~s ~ 1'2- ~ ~~ ~ ~ ~slCllinQ4 ~-\- ~~ ~aJ1d [yytQ<Q~\ Dr] {'(\W\do.,\ . / . ~----s-. ~.e<'V"\ <V\ {. ~,""",Wl-\\ ~ u.:lO"'\~ \\V.~ -\-0 to 0,""\ .. K "~d.. "''\ a:,. ~ , ~ ~. '1.<-0 '<,c....!::. / \~ -\0 "^'~~, ~e ~\' " ~ II ('....,~~\~\.~ Qo~~~\ "",-" l.t\~ 0-\ ""'"'\ vU.A) '"" \:,. U" s 0-\ .s. 0 c \Clo~ ~',,,> \~ {\.\""'\ \""~ ~)"'}~ ~ \ ""\ "- ~'\' ~.A ~ w 0_ \~ /--0"" \',Ii.. ~ <:.o.,h-... II (" . lA (I ~ "\ -'\~ - \ "I i ~~~J~.~~{\ 3. '-I.<.J.~I ~\ v H ,,\e..u.- ~f'\ v..I... 1/ . . . . //Jr s ~/?CL(' ;l. 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'f' ~e ~ /?t t7~ ;ts-tJ;< d~~~' ~ ~av/ $;,. ~~, I(Mimd tf))~ .;J:S/7f))~~ 4~ ~~C avo . ( " o , ' _ _...;.... __._ _. _...J.o-._ ...._* --:... ~ _""~~ -.A.~_ - .~ .. -r. -........ ' . _ . '" '... _~:~_ .-'':::'. . ~_;:~ ~t..~~~:"_~-l'. ......_: . '. " .! I . , ::-. ~ . HEINZ V. MENKING 3025 STRATFORD ROAD RICHMOND, VIRGINIA 23225 .k;I. 7/ If f1 ir ' ~ e.1 v ,or, lv, If U--< II tl1- ~ {t, cu h'tJ /~ ~ kry Ii f/J 4-( ~ 'r: /1 CfL-V..-4 ~u (j f0~ f'f-II, Va. k-. i.... k lIe-I , j hill I vrJ 4...c.J II td ~u H d/.-u (Lu C ~ r e.S In 'e';' '-"1 ~ f-u ref Vi ".. Ai U tlLe.. /,(.1 i 10!'J It'-J '/t ~ i/r c ~ R,t! lie. It<< I 1ft u .h~/ 0( Iti-- /J.o ~ i 4'Ft' VI' ~ s' f ' tUN, ~ .kvu t1 u. -fft v u.- ~I Jh J tiA..- N i, ~l.- t<.M.- e. e I Jl~A fJ-~ (y I I. v. [~~t-/ij~1 . . 8234 Whittington Dr. Bon Air, Va. September 9, 1968 DT. A. R. Martin 8128 Jahnke Road Bon Air, Va. D~ar Dr. Martin: Please add my name and my wife's name to those who would like an~rdinance requiring dogs to be confined to owners' properties. I am tired of having dogs bark at me when I go outside on my own property. Also, they frequently overturn trash receptacles and dig up grass and shrubbery which we have worked hard to keep. My children are frequently nipped at by dogs which bark at them when cyclinmand I, for one, would like to be able to take a stroll at night in my neigh- borhood w~thout having dogs run at me and challenging me as I try to walk down the road without bothering anyone. They are a distinct hazard on our roads. There is no telling how ~ accidents have been caused because of dogs' running loose. I dislike having to clean up behind them. I prefer to buy commercial fertilizers. S inc erely , (fcu.12 0(, '~ Paul R. Nolde , C~h '~f?7~A P. S. The present ordinance is very weak in that few of us would want to encounter the ill-wili of neighbors in reporting their pets. . '-~ '.- guj~Mt/ fJl(' ./ ~{/a, Z~l?,f ~ 111ff! Transporlation Secretary Alan Doyd la~"",c ,"", 'h,~ '7'~j;'::." " "''', \~'cc,k p7~di~tcd "certain cuts" in prcs~ .. _.ro-\!;.;'.' ". en! air-safety programs in the 1968 ., '/ t, budget. ~" , " ,. . ,'" ' A'irports arc jammed hu'gely because ;~'-t t".. i ' , " :.,t, pnvate pilots have as much freedom to~" , ';"" ~\; .""" ,....... Ily when and where they please as mo.' ,:.r;. , ~ : .. '.; torists have to drive on their choice of "-~'t\'Jt1 ~l i ,~ ~:.. ~ ~ ~ i the Government but make theIr own , l,iJA.~ :1\..' \ -~ '" time schedules. The 2,379 commercial '\:'(1./ 11 ~\ '/. if. - planes spent 6,000,000 hours aloft last ',~, ~ r., ., '..'>t. " year and 150,000 hours waiting to take ''':';'. Ii ~ "" X) d), ';, olT or land, according to the Federal ""~' '~, ", , Aviatiol~ Administration, which figures . ~,,,~~':,:~';",,--:. ( ,-"'~- that U.S, passengers wasted 10 million ";~,;",'~;;~:i'."',,''-:' ';," man-hours just waiting (see box), Some '..:,':'{<'If,.''; ~t 1,-:-, :'i," i: of this congestion was caused by the 32,- "{.,' \ ", Y' :l ; ", 310 military aircraft and some by the ., '.',. '..,:' ',,,,._,,~~~ ,.' airliners themselves, but most of it I?, GENE & KENNY GOODMAN KILLER SHEPHERDS the 104,706 1Ight planes stacked up In Perhaps only a sudden move brought out the wolf, rush-hour trallic, The FAA estimates that at the natio'n's 9,950 airports only lunged, Mrs, Goodman kept them at 17,6% of the takeoffs and landings arc bay with a rake, and Gene scrambled' made by commcrcial planes, while onto the limb of a fallen tree to escape' 77,8% arc made by smaller private and their fanged jaws, "Don't let the dogs executive planes, At major metropolitan get me," he pleaded, airports, the percentages for these "gen- ' Gene shinnied along the limb until eral aviation" planes run lower but are' he was dangling about four feet above still great enough to cause plenty of de- the stream, Thinking him safe, and un- lay, Commercial airports with the high-' able to fend ofT the dogs, Mrs, Good-, cst general aviation activity arc Denver, man ran back to the house and tcle-, (72%), Houston (67%), St. Louis phoned her husband Eugene, 26, a self: (58%), Miami (54%), employed exterminator who was Call for the Cop. Most prog'rams to. ' working part time in a market at near- case the glut try to treat aviation with- by Lynchburg, Goodman sped home in in the existing rule of individual rigi)t .. his pickup truck, found his wife hys- to the air, A few experts take a more' terical and barcly capable of pointing radical tack, They would create a fed- out to him the area where 'she had last eral aviation tra/lic cop to assign not seen Gene, Thrashing wildly down the only night routes but also schedules hill and shouting his sons' names as he and air speeds, lhus spreading the jam ran, Goodman was brought up short out of rush hours, Inst~ad of informing by a horrible sight. Gene, his clothes the FAA of his night plan and being ae- nearly all torn olT and his body badly eommodated no matter what the crush, mangled, lay dead in the stream, every civilian pilot would have to noti- Fright & Madness, Out of the eor- fy a controller of his intentions and ner of his eye, Goodman noticed a' ask: "When can I go'!" shadowy movement. 11 was a dog that had been feeding on his son's body, Soon, two other dogs appeared, and Goodman found himself fighting for his life, Hoisting Gene's body over his shoulder, and using his free hand to, throw rocks and branches at the attack- ' ing animals, Goodman ran as fast as he could, As he neared his home, the dogs finally gave up the chase, Good- man was so overwrought and exhaust- ed that he passed out. Later, a posse of about 50 neighbors and lawmen found the other boy, He had been dragged to an area about 200 yds, from where his , brother died, His body was gnawed al- most beyond recognition, The two animals that led the attack were later identified as shepherds kept as watchdogs by a neighbor, Ernest George Floyd, Both animals were de- stroyed, as were three other dogs, one' of them believed to be the stray boxer. What caused the attacks? Perhaps noth- ing more than 'a sudden move by one of the boys that may have frightened the dogs, Once the angry animals had tasted blood, they obviously, became murderously maddened, I' ANIMALS , Tragedy at Lynchburg The Gerow" Shepherd instinctively I1I;s/rusts strangers, and ;f provoked by . them, will develop a ferocity hardly ever seen ill other canine vllI:ieties. There iv no doubt, de,\'(1ite all that has been' writ/ell and said to the cOlltrary, that the wolf did ellter illto the allcestry of the breed, alld certaill of that animal's characteristics are still foulld in its: make-liP, both mental and physical, -The Dog Owner's Guide The two Goodman brothers, 'aged 4 and 5, had hardly left their rural Vir- ginia home to play in the woods one, day last week before the elder, Gene, came back screaming "The dogs have got Kenny!" With her son leading the way, Mrs, Gloria Goodman ran across the back- yard, down a steep embankment to the edge of a small stream where the boys had been playing, Kenneth was nowhere in sight. But two snarling German shep- herds and a stray boxer were. The dogs TIME, DECEMBER 29, 1967 ,.-..; , U~~' '':'';r'"'';'::'\~~~ '/ ;". \' ,,' .rr~~-:-",:.~.._.r-'~~;~":-""~:;';0~~"~~' " j ", ". :;:"\~;~.".j.:~3"1~ I I'~' "~~:"- . ,./'Yk,:lJ;' I r ",~ ~. ,- "," 1 I" ;',.:., ~\, .~ \r~'J' I r.y' ..l);" ! \ " . i~Z". ')~':;::<" ,...:'~~;~ '1 , ,,.:.~', ,,, j t '~" ,'~J >~,b:: ,;:;-/~'" I ',' ,: .,i~,.~tf r, (\..,>;"; ~ 11 . ,,~'J;'lt~.,,~ j' . ,(1' '.. ,. '.1/::;;,' _ '.:' -<r::::~:",I" .' "~V'.f'" '-.....~':",.,.":. '.~ J',.. ",..."., . KENTUCKY , Sparring with Spoilers So ruinous to the land is strip min- ing for coal, Kentucky's most profit. able product, that huge swaths of the Bluegrass State might be mistaken for the moon, Both boon and bane, strip , mining gouges out a thi I'd of Ken- tucky's coal production, which last year reached 93 million tons worth some $500 million, The strip miners use bull- dozers to nay great strips off the sur- face and get at the veins beneath, This scars Appalachia's hills and Ilatlands with ugly detritus called overburden or spoil. As the spoil shifls and slides, the hills' resound to the awful rumble of landslides shuddering down the slopes, The U,S, Interior Department reports that Kentucky's overburden has spoiled 119,600 acres of land and polluted 395 miles of streams, Responding to the complaints, lhe state in recent years has adopted ever- tougher curbs on the strippers, Most stringent of all was the order signed this month by oUlgoing Governor Ed. ward T, Breathitt ten hours before turn- Ing over his olliee to incoming Re- publican Lallie B, NlInn, The order forbids strip miners from working slopes steeper than 280, Straight up in the air went the industry, thundering that it would be driven out of business, which was exactly what it said last year when the maximum slope was put at 330. ,Since then, new operations have dou- bled to 12,000 acres, the amount of land approved for stripping, The industry predictably asked Ken- , tueky's courts to erase the new ruling, counted on at least moral support frol11 Louie Nunn, whose gubernatorial cam- paign they had supported. They were in for a disappointment. Not only did Nunn go along with the order, but he also persuaded Ned Breathitt's director of reclamation, Elmore Grim, who had helped draw up the regulations, to stay on the job, When a restraining order against carrying out the regulations was knocked down in',eourt, Grim pli:dged strict enforcement. I 13 " I I .;"';": "'i, 'I' ;, 1,'1, 1)1 I 1 :: ~ I .- ""i.. ';:"1",', ,f"j" OJ, . / " r C~6 Richmond'Times-Dispatch, Sunday, Dec. 24, 1967 r " ' ':: ,J" 'Pc()ple Forget '. , .,~. -:', DOti)'s Governecl ~ " , By Natu,re~ Instinct,~' , What precipitated the tmgic and fatal attack on ,the " " two tols in Madison Hcights by dogs 'yill never be: I<nown, The stories reported about tbis incident arc sparse of de- tails, Anyway, it is. a horrible thing to have happen, 'and I am sure" all dog folk are greatly disturbed and extend their condolances,' , , ,: ' Dog is the one domestic animal that deserts its own ,:for a human being, But in so doing, he ,does' not entirely' ,;': those ' natural, instincts which have made possible ',',I usefulness to man" ' , All dogs are governed by the laws of nature, and nature ",,".'\ Is very strict in the enforcement of those laws, First and , foremost is the survival of the kind, When the time, ~ ' , comes, any and every dog' ' disregards the commands of -About, Dogs'" his master, regardless' 'of \ .;:.' how devoted he is to' him,.~, ," , , i , ".' to make sure that there will 'I" >- ^'-, ' ,by , I." , be puppies to carry on, his,' , ':tradition, The dog is a, Ruth ,',' I' polygamous an i'm a 1. and, Jaclisol1 ':" therefore has no protective'," , interest in, the offspring, That is lefi' to Ithemother , dog, who has been often known to turn ~gainst even ' her master inthat pursuit. S~condly, there' Is' the survival of the 'fit. In this en- deavor, the mother discards the sickly puppy and the ,pack eliminates the weak that mi'ght prove a burde'n to the pack, Two Can Agree. But Three? In this latter lies the explanation for the many' attacks ',' and Idllings we hear about, Put eight dogs in a pen to-' . .'. '. . \ . gethcr, and let two get to flght1l1g, and, 111 a few m1l1utes;, seven will pouncr: upon the one at the )lottom, It matters " ' little how well they had gotten on previously, Two dogs \' ':' ; ~ '\ ','-ean nearly always live together in harmony evep though, they miglit fight'it out, :hut put a third dog in with them, and the odds are two against one, Too few people take this 'instinct into consideration , when relating to dogs, That' is the reason why I never recommend a dog for a small child, A dog, even a small one, has too much potential. Look what a large dog has, ,: My worry has always been "what will the dog do when' , ' the ne'ighbor kid 'starts pummeling Johnny? Will the dog stand by and let the two youngsters battle it out between , '" themselves," I do not know the answer, and ,1 do not want 'to talle the chance to find out. / ' Man has used' the talents of the dog over the years, and the dog has served him ;weB in many capacities, But, whenever man has used a dog for his varied uses, the man has been the master, the' leader of the pack, so to speak, '" :He has trained the dog thoroughly in the~ way he wants "'____"the'dog-to'go,-and-he'never'lets'ihe dog 'forget his purposes, r~";;,, (This d~es nO,t mean forcihly,) ,~' , ," ! ' ,,' As Deadly as the Car !, t i', ',_" Dogs in paclls can be a,s deadly, as' an automobile' out' ,,- , !~;:, ' of control. Those who fcel it is cruel to 'keep dogs confined ;~ 1,~._shoul(L.I!i.vp_thL~_~nn1(Lthollr!ht:~Ldid_noLsav_chained.~.Lsaid""':" "I (Ii 1.\1 1:1 -' >';d';. i.~ . , " :< ,.. " I. ., l. " t-<' , , i ~~;' -J, , \ ~, 1:1 f, ,like and collie-like, as well as the ,Heintz varietv, Bean, ' ~'''''', . . 'iitbntgu~ ~imttt..~i~Pttttb I , Tuesday, January 30, 1968, .,',' ,':,. ',., i , ',:- Doo' Attacks ~ 3.Year.Old IIenric~' Girl. i~ ., .;,r A 3,year-old' girl was at-, tacked by a dog yesterday while she' was playing in a neighbor's yard in the Montrose 'section of Henrico County, , The girl, Christine Paige Hubbard, daughter of Mr. and , Mrs, Manley Hubbard of 5105 ' Futura Ave" received lacera- tions on her forehead, right cheeck artQ neck and was re- ported in satisfactory condition last night at the Medical CoL- lege of Virginia HospItal. Henrico' Police Chief W, J, " Hedrick said the child was playing in the yard, of Mrs, Charles E. Allen of 2105 Ore- gon Ave, when the attacl< oc~ curred. ' , Hedrick, 'said Mrs, Allen's 'dog, a' collie, somehow got out of its pen and turned on the child, Hedrick said the dog had no of viciousness and had ' shots for rabies, 'He dog had been taken "'., I. , ,. , " "..: : :~' :'. ':. .1.".: . ~': .>,' .'<;".. '~ , " ,', (I'" '" ':~~~ - , .~'\ ;' 7J;e f-oLlDw.i.rlf. ~ ~ .6ui:JmJ~M {.oil. po.w.Jpl.e ~n: 1. 91-!iJL plrOpo4ed .(,e~.6l..tWon fA :to be .4e.l{>ctf-ve4J enf.olWJeJi. (-i..e., onfv.;n C<<Oe6 of. ru.ti..6~, -IJ.tI<J'ied !:lud Jp~6h.tJon en.cDfl1{JQ.64 tiii1J; ru.ti..6tU1Ce C46e6 J.n6TP6d of. dl do'JO. 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(.e1U:.ed-in. ~ Oil. in. .6UJ.:t..bl.e peJU; of. .6'1pcien:t ~, .oh.eie tIJ'Id .oh.e-l:.Wt dr4 to coruditJ.J:t.e !i.tun.n.e co~. ~. 9n gdrl.i..tJon to ~ nuiIIxvr. of:. do~ ~', iJd. ~ ~ ep~f-' P, lWVi.d.e. i:h..:t IlI'o/- ~ ilnpound.eJi. be (1) kpt loll. << mi.niunum Df. :tlvi2.e ~ j (2) th..:t if. fU!Jt ~ bv i:.hH :ti.m.e, i:!w; IlUL6i be (..) .o.,ff'm t.Lth. .6ui.:1:4bl.e JW:Ondo keft.,. Oil. (b) ~~. A.6 i:h.eIl2. fA fU!J 1wnuUze~~ o€ ~ d p/l2.t)en;f;. :;;:ved bff tJI.e Arruvci.c8n V~p~~on, 4/Jrr6t;;:4.Oi.bl.e ~ <<Ir2<< v~ to . lit Jt2LOorUibl.e ,bt..6udL ~ to be f1I4lIi.e tJuw~ ih.e J.oc.1. ve:teJr.i.n.aluj <<MOci mon. ~;~ 'Ri. 1, Box 254-A 7 ~~, v~ 231U Fee- ~ ,--,~h ,~ce.D 0~(',~0,0s, ~~ ~~oe.s 0~<t1e'l ~, d) \),. "-\" \')\'5 . ?~"C)\&s Bra,S\-t\e'l ~&. 2) P),. ~ 0\~. '0lc)'f)cu) W\ll'.~S~e., ~Jl. 10 h\, ~f'\\.:s' \= \e.-~~~ W' lL \\ GSr\ s &cJl Q.. \?J). to) \J \. + ~\S ..l \..)(:.:lO-r"\ 0 Be,,\x,w P&.. ,) 'VYI... ~ Y};\A ~)) .4J~ ~jl C?~, ~ I J f, /I n~ PD.-I.. eJ p V L5 e """. 7 Be.,.., {.},..... I . . COUNTY OF CHESTERFIELD OFFICE OF THE TREASURER CHESTERFIELD, VIRGINIA 13ED. W. MOORE, .JR. TREASURER September 5, 1968 Mr. M. W. Burnett, Executive Secretary Board of Supervisors Chesterfield, Virginia 23832 Dear Mr. Burnett: The resolution approved by the Board of Supervisors on July 29, 1965 named D. W. Murphey as a trustee of the Chesterfield County Policemen's Pension and Retirement System for a term of four years. It is my understanding the term expired June 30, 1968; therefore, I suggest that he be reappointed for a term of four years which will expire on June 30, 1972. vey tr,1u y yours, / ~, 11 ?//r#4~ Geo. W. Moore, Jr., Treasurer Chesterfield Policemen's Pension and Retirement Board GWM/mcg 't 'b lI, 5 676;'9' /'" n" ~ g;s iSEP 1968 3'. i~ RECEIVED ~) ~ BlJAPI fl5VP :;:;;:) ~ CHES!l 110S0 ~ VlR6UiI1l ' ~ "~2~~l~~~\ ' . rn v. D.;~:l:s c:1._I5. a.'-.s~_t- /kflfl!..' ,.;'7-~,-,-1)~_t!2y~ -'---c_c.... - .sr~~.L"1-{o_r__~r.J,~""It.'^~~ , ---r';' U#c'.,J;''1- h~__-L4<:s,_-_~.c<j · Lt;~L' .I~r;_'-<"'~J, I J""'M__ . 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