Augusta supervisors to consider animal control ordinances during Wednesday meeting
The Augusta County Board of Supervisors is once again addressing their animal control ordinance on Wednesday.
Controversy around these fees simmered throughout 2023 after four dogs were euthanized when their owner could not immediately afford the impound fees. While officials with Augusta County, Staunton, and Waynesboro previously confirmed these fees do not need to be paid before picking up an impounded animal, the ordinance still has opponents.
Changes to the animal ordinance have been in the works for nearly a year, with fees being at the forefront of the discussion.
What are the charges?
Previously, if the rightful owner of an animal picked them up, they would “only” be charged with the actual expenses in keeping the animal. Now the owner can be charged with those expenses “in addition to any other fees and or penalties prescribed in this chapter.”
The new enforcement section goes on to outline the possible “other fees” for violations of the animal code, explicitly a class 4 misdemeanor. Those charged with the civil violation can either await trial in court or pay the civil penalty.
The first time someone is found to have an unlicensed dog, they will be charged a $10 fine. On the second offense, it increases to $75. For the third, and subsequent offenses, the penalty increases to $150.
The first time someone allows their dog to run at large, alone or in a pack, the fee is $25. The second offense is $75, and each time thereafter is $150.
The owner will also have to pay for any “impoundment, handling, care, housing, or medical care for the animal concerned.” Previously reporting by The News Leader expected the fee to be $15 per day, but this is subject to change.
Unpaid fees led to euthanasia case
These changes come after ample controversy concerning The Shenandoah Valley Animal Services Center in Lyndhurst over the past year.
Around early March, four dogs were euthanized at the Lyndhurst shelter. According to county administrator Tim Fitzgerald in March, the shelter serving Augusta County, Staunton, and Waynesboro had been full since 2015 and shelter staff decided to put down three dogs with a history of biting.
A fourth dog, Annabelle, had been brought to the shelter days before. Her owner, Jessica Evans, was unable to immediately pay the fines for having a dog at large, so she gave Annabelle up for adoption with the intention of readopting her after getting paid. Annabelle was euthanized before Evans got the chance.
By June, the pay to get your pet back policy had been changed without any need for action by any government board. Fitzgerald, Waynesboro City Manager Mike Hamp and Staunton Animal Control Officer Shane Ayers each confirmed owners could pick up their animals and pay fees after.
Waynesboro, Staunton already have fees
That doesn’t mean there wouldn’t be government action. All three local governments looked to add impoundment fees to their respective codes, with Augusta County and Waynesboro having drafts by July.
Staunton City Council adopted changes to their Nuisance Animal Ordinance in July, though these changes did not touch on impoundment fees. According to Staunton’s website, "If an owner refuses to pay fees or provide documentation, they will be referred to an animal control officer." The city’s impound fees are:
$25 for any dog that is found running at large, not on the owner’s property
$15 for any dog or cat over the age of 4 months without a current rabies vaccination
$15 for any dog over the age of 4 months which does not have a current city dog license
$25 for any dog or cat over the age of 4 months whose vaccination tag is not fastened to a substantial collar and worn by the animal
$15 per day for the boarding of each animal, including partial days that the animal is impounded
Waynesboro City Council adopted ordinance changes in October as part of their consent agenda. The city code now places “any and all expenses incurred” as the responsibility of the animal’s owner or custodian. This includes, “without limitation, boarding, veterinary care, vaccinations, and license fees.”
The new code also accounts for events like Annabelle’s euthanasia. The Waynesboro code now states, “The animal shelter shall not require that such fees and expenses be paid by the owner or custodian in order to claim the confined animal.”
Not included in the changes to the Augusta County code is similar, explicit language mandating owners be allowed to get their animals back before paying the fees.
Seaton opposes changes
On Nov. 8, the board considered making these changes. After a public hearing, the decision was tabled. Instead, during the Dec. 13 meeting, the supervisors placed the ordinance on the Jan. 24 meeting.
Throughout the controversy, Supervisor Scott Seaton has been critical of the way impound fees were charged in the county. His position did not change during the Dec. 13 meeting. Seaton asked several pointed legal questions about the whether the county could charge the impounded animal’s owners for certain expenses.
He pointed to the state code, § 18.2-403.3., violations “shall constitute and be punished as a Class 4 misdemeanor,” saying that the code doesn’t give “any options” for localities to give civil penalties on top of the misdemeanor judgements.
“I think we need an AG opinion because we’re doing something wrong here,” said Seaton.
“I disagree,” replied County Attorney James Benkahla. The wider state code, according to Benkahla, allows counties to use the misdemeanor penalties or enact an ordinance establishing “a uniform civil penalty” for animal control. Benkahla stated, “I’m confident that what the county is proposing is legal.”
Fitzgerald felt the same, backing up his position by telling the supervisors, “We had a conversation with the city of Waynesboro, who just did this. Waynesboro’s attorney agrees that this can happen. City of Staunton does the civil penalties and also agrees this can happen. We’ve had this conversation.”
The supervisors then voted to place the ordinance on their Jan. 24 agenda, with Seaton voting against.
Seaton also asked about the fees when the board selected its new leadership in early January.
Other language changes
In addition to the fees, several other changes will be made if the ordinance change passes.
Sherry Helsel, a veterinary technician and resident of Waynesboro, spoke to several of these definition changes during the November public hearing. Helsel emphasized the county having the ordinance is fine, but that some definitions should be left to the state code to define. After Helsel gave over an hour of specific examples of what she considered issues with the county’s ordinance, the supervisors voted to table the ordinance and county employees met with her in private.
“We went through this ordinance front to back,” Fitzgerald said on Dec. 13. “While there were some things we agreed to disagree on, I think there was some understanding of the reasons why things are in there and why we would like to move forward the way we’re moving forward.”
Some of the other changes include:
To “abandon” an animal now requires the owner or custodian to not provide base care for four consecutive days, rather than the previous five.
“Adequate shelter” and “adequate space” now have more detailed definitions, disqualifying outdoor tethering unless the animal “is safe from predators and well-suited and well-equipped to tolerate its environment.”
“Boarding establishment” now excludes “any private residential dwelling that shelters, feeds, and waters fewer than five companion animals not owned by the proprietor.
“Companion animals” now exclude “agricultural animals, game species, or animal actively involved in bona fide scientific or medical experimentation.”
“Exhibitor” is “any person who has animals for or on public display,” but does not include an exhibitor licensed by the U.S. Department of Agriculture.
A requirement that the county “shall ensure” that a rabies clinic is conducted “at least once every two years” was eliminated.
The license tax on dog ownership now begins when the dog turns four months old.
The dog ownership tax was eliminated for dogs serving the blind, deaf, or mobility-impaired communities.
This article originally appeared on Staunton News Leader: Augusta animal control ordinances could change on Wednesday
