VVAW Initiatives for 2007
Initiative
#1
Gas
Chambers
1) all shelters/pounds presently using
gas chambers must cease use thereof by 10/1/07
2) thereafter, no facility, public or private, may use gas chambers for euthanasia
3) although transition costs are de minimus, private funds in an amount not to exceed $1,500 will be available to any public facility now using gas and wishing to transition to euthanasia by injection before 10/1/07 to defray actual transition costs
Initiative
#2
Dealer
Permits
any jurisdiction euthanizing any companion animal or feral cat colonies directly or indirectly must require dealer permits for dealers in companion animals
any jurisdiction using property taxes to fund its animal control function in whole or in part must require dealer permits
Initiative
#3
Report
Suspected Dog Fighting
any public employee,
volunteer or employee at a public or private pound or humane society, or
veterinarian, after having observed injuries to dogs consistent with dog
fighting, must report such observations to the ACO and/or Sheriff for the
jurisdiction where the observation occurred
the reports may be written or oral and will include date and time of observation, owner’s name (if known), injuries observed, and whatever other particulars the local Sheriff or ACO may deem appropriate
failure to report such injuries is a Class 3 misdemeanor
Initiative
#4
Releasing
Agencies
1) releasing agencies will include dealers, pet shops, and puppy mills doing business in Virginia directly or through the Internet
2) subject to age and/or health conditions, all releasing agencies must spay/neuter dogs/cats before release; failure to do so is punishable by a penalty of $150 and return of the dog/cat to the releasing agency by order of a General District Court
3) a breed improver, fancier or hobby breeder whose activities are not for profit are not releasing agencies; any person fraudulently claiming such status will be fined $1,000
HOBBY BREEDER: dog or cat owner who wishes to breed one such animal and find homes for one litter thereof ONE-TIME
FANCIER BREEDER: dog or cat owner who regularly shows the dog or cat being bred at American Kennel Club (AKC), United Kennel Club (UKC), American Working Dog Federation (AWDF) and their member clubs, or The Cat Fanciers Association (CFA) sanctioned competitions, and adheres to AKC’s 22 responsible breeding steps, UKC’s breeders code of ethics, AWDF’s constitution and bylaws, or CFA’s breed standards
BREED IMPROVER: dog or cat owner who breeds working dogs, show dogs, or cats of a specific breed(s) to perpetuate the breed, to eliminate physical shortcomings and disease, or who could otherwise demonstrate a conscious and deliberate plan of breed improvement, and adheres to AKC’s 22 responsible breeding steps, UKC’s breeders code of ethics, AWDF’s constitution and bylaws, or CFA’s breed standards
4) pet shops and dealers are not subject to 3.1-796.96, 3.1-796.96:5A.1 or 3.1-796.96:5F
Initiative
#5
Re-instatement
of Humane Investigator Program
reinstate the humane
investigator program statewide and allow those appointed to be reappointed for
three-year terms so long as they wish to serve or are competent to
serve
a person may be eligible for
such appointment if he (i) receives written recommendation from the local animal
control administrative entity or any humane society, (ii) passes a criminal
background check, and (iii) completes an animal control
course
humane investigators will
report to the same functional authority to which the animal control function
reports but be independent of supervision by animal control
officers
costs of the humane
investigator will be reimbursed by the local jurisdiction, including the costs
of completing any required course work
Initiative
#6
Humane
Education
1)
Humane Education will not be included in SOLs.
2)
The program will be developed as official Department of Education
curriculum that
teaches students responsible ownership of companion animals.
3) Instruction may be provided by volunteers or outside humane organizations with class-
room time scheduled outside normal school hours of operation at the discretion of the ju-
risdiction but with course credit nevertheless.
4) The first full week in February will be Humane Education Week.
5) It shall be required of all public schools in the Commonwealth to participate in Humane Education Week.
Initiative
#7
Tax
Credits
Cost of adoption from a public pound or a 501c3 private shelter is a tax credit on Virginia income tax returns as of 1/1/07.
Expenses of veterinarians performing pro bono surgeries, spay/neuter, euthanasia, and other routine or emergency services, to animals in public pounds or to 501c3 private shelters, including a compensation allowance of $25/hour, are a tax credit on Virginia income tax returns as of 1/1/08, up to a maximum of $2,500 per applicant.
Initiative
#8
Abuse
Fines
Cruelty to animals, penalty. Increases the penalty from a Class 1 misdemeanor to a Class 6 felony for acts of intentional animal cruelty or deprivation of food, shelter, or care resulting in the need for ACO intervention, or the need for remedial vet care, or the death of a companion animal.
A person or entity convicted, fined, or otherwise penalized for such abuse may be proceeded against by the owner, local humane society or rescue in a civil action to recover damages (nominal or actual) and punitive damages.
Initiative
#9
Rabies
Surcharge
A state-wide Spay/Neuter Fund shall be established from a three dollar ($3.00) surcharge added to the cost of each rabies shot administered in Virginia on or after September 1, 2007. It shall be the responsibility of the veterinarian administering the shot to collect and forward these funds to the County Treasurers along with the rabies certificates.
A fund administrator shall be appointed by each jurisdiction to receive, disburse and audit use of these funds by clinics or other entities performing pro-bono or reduced cost spay/neuter upon application thereby.
Rescues, shelters, pounds and low cost rabies shot clinics, along with low cost rabies shots offered pro bono by vets, are exempt from this surcharge.
Nothing in this exemption will prevent rescues, shelters and pounds from collecting this surcharge if they wish in their adoption fee.
Initiative
#10
Tethering
No animal less than 6 months
of age, and no animal not sterile may be tethered.
No dog or cat may be
tethered using a tether weighing more than the animal’s weight can reasonably
bear in the opinion of an ACO or third party expert, or without appropriate
space, shelter and other care as provided for by the Code of Virginia. There shall be a tethering ban
notwithstanding shelter availability on days when the temperature exceeds 85 or
goes below 25, or in wet weather if the shelter isn’t dry, or if the space
provided is inadequate to establish separate areas for eating/sleeping and
defecation/urination.
Consistent with these
parameters, localities after 1/1/08 shall impose restrictions on tethering, the
physical configurations thereof, the hours during which and other conditions
under which tethering may be restricted further, and shall prohibit tethering as
the primary means of confinement.
Initiative
#11
License Fee Cap
Change
1) a license fee will not be known as a tax
2) license fee cap of $35 for the first dog or cat in an household; fees for additional dogs or cats may be set at or below this cap at whatever level the jurisdiction wishes; rescues and shelters are exempted from licensure but not the owners to whom they release
3) kennel licenses will not be available except to hunt clubs or without good cause shown
4) releasing agencies must sell a license to anyone adopting or purchasing from them
5) licenses also will be sold at pet stores, pet food stores, vets, places selling hunting/fishing licenses, supermarkets, rescues, pounds and animal control; proceeds will be remitted with sales taxes; seller retains 5% of license fee as commission
6) reminders shall be sent with property tax bills, personal property tax notices, DMV license/registration renewals; also mail-in form will be on county/municipality websites
Initiative
#12
Privatization
Effective July 1, 2007, the State Vet will transfer all responsibility for companion animal records reporting and inspection of all companion animal custodial facility venues to Virginia Voters For Animal Welfare, a Virginia corporation. ("VVAW")
Thereafter, all companion animal custodial venues shall prepare annual reports in a form consistent with present code requirements and reflecting intake, disposition and operating parameters at each reporting entity, which reports shall be prepared under penalty of perjury and furnished no later than 30 days after the end of each calendar year with updates no less than quarterly for at least one year if a venue is found non-compliant with any of its custodial obligations, including facility condition and operation. VVAW will receive these reports and have the sole right to their publication, which shall be in summary form upon request for a fee of $35.00 or more as circumstances warrant, or in a publication copyrighted by VVAW for which any fee VVAW elects to charge may apply.
VVAW is authorized hereby to conduct inspections at each companion animal custodial venue with or without notice in the case of public or licensed facilities and with 24 hours prior telephone notice for private facilities. Each such facility shall provide a telephone contact and a key or other means of unattended access to VVAW, and may or may not be present at the inspection. Failure to provide a telephone contact or key or other means of unattended access shall be a violation of this inspection authority and shall result in a fine payable to VVAW for $1,000. Any violation of present or future code of Virginia custodial or reporting requirements or of the State Vet's regulations shall result in a civil fine as set forth by the code of Virginia, which fines shall be paid within 30 days directly to VVAW. Proceeds from the fines will be used as follows: reimbursement of VVAW's operating expenses marked up by 20%, (i.e., 1.2 times expenses), spay/neuter programs in that jurisdiction, spay/neuter programs in Virginia, VVAW capital items, animal control expenses in that jurisdiction.
Inspectors will be certified as Humane Investigators and shall have standing to secure arrest warrants or capias from a magistrate or the circuit court of Fauquier, Richmond or the physical venue of the custodial facility, which venues will amend venue statutes only to this limited extent. Any challenges to civil fines will not be heard until after the fine is paid, with the hearing, if any, to be in Richmond circuit court. Failure to pay a civil fine promptly will cause the total of the fines to double and capias to issue as to the County Treasurer or an officer or owner of the private facility.
12/16/06