ONANCOCK 1680 VIRGINIA'S EASTERN SHORE  Town Council: Ray Burger, Thelma Gillespie, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Town of Onancock Town Council Meeting April 11, 2022, at 7:00 p.m.  Agenda  1. Call to order and roll call 2. Pledge of Allegiance 3. Public Business: 4. Council' Workshop 5. Adjourn  a. Public Hearing - Dogs ordinance b. Public Hearing - Zoning- - Utilities a. Budget-budgetworahop  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    FOR PUBLICHEARING -A APRIL1 11,2022 PARTI II- CODE OF ORDINANCES Chapter 4- ANIMALS ARTICLE I. DOGS  ARTICLE II. DOGS DIVISION. 1. GENERALLY  Sec. 4-59. Definitions.  The following words, terms and phrases, when used int this article, shall have the meanings ascribed tot them Owner means any person having a right of property in a dog and who keeps or harbors a dog, or hasi iti in his care, or who acts asi its custodian, and any person who permits a dog to remain on or about any premises occupied To run at large or running at large means to roam, run or self-hunt off the property ofi its owner or custodian and not under its owner's or custodian's immediate control. Fort the purpose oft this definition, thet term' "not under immediate control" means being unconfined, unrestricted or not penned up, physically carried or held by al leash  ini this section, except where the context clearly indicates a different meaning:  Dog means every dog, regardless of sex or age.  by him.  bya a person thoroughly capable, both physically and mentally, of controlling the dog.  (Code 1989, $3-15; Amd. of3-14-1983,51)  Sec. 4-60. Running at large; lease-leash required in public buildings or businesses; penalty. (a) Its shall be unlawful for the owner of any dog to allow such dog to run at large, at any time, within the town (b) Its shall be unlawful for the owner of any dog to allow, cause or permit such dog to enter any public building, office or store during thet time thats such business establishments are open for public business, unless the dog (c) Any person who permits his dog to do anything prohibited byt this section shall be deemed to have violated this section and, on thei first offense, the owner shall receive al letter from thet town police department notifying the owner of the violation. For thes second and anysubsequent violation, as summons will bei issued and, upon conviction thereof, shall be fined not less than $250.00. Fora-third-or subsequent vielatien, an9therSUmmonswAselsdamd.vPonaconviction: thereef, shall be finedntlessthons75.00AOFORe  limits, even though the dogi is both lawfully licensed and vaccinated. is on al leash or otherwise under thei immediate control of such owner.  h3n-5199-99-9resch-violation.  (Code 1989, 53-16)  State law elerencel)-Authonty of town to prohibit running at large of dogs, Code of Virginia, $3.2-6543.  Sec. 4-61. Confiscation, confinement and disposition.  Any dog running at large shall be confiscated by the animal warden or other authorities and, if not claimed within five days, shall be disposed ofp pursuant to Code of Virginia, $3.2-6546.1 Ini the event that any dog confined  OAaneek,VEs,CedesiOidnanse:  01-11408104- fEST)  (Supp-Ne24  Page 1of8    pursuant to this section is claimed byi its rightful owner, such owner shall be charged with the actual expense incurred in keeping the dogi impounded. Before the dogi isr released, the owner shall execute an affidavit of ownership, present the proper dog! license and paya all the expenses incurred in keeping the dog confined.  (Code 1989, $3-17)  Sec. 4-62. Keeping of dogs.  It shall be unlawful for any owner or other person to keep more than three adult dogs within the town or for more than three adult dogs tol be kept on any property within thet town regardless of the number of persons residing on: said property. The term' "adult dog" means any dog over thea age of ten weeks. No more than two dogs shall be kept on any property that normally spend significant time outside the main building on anys such property.  No dogs shall be kept within thet town for any business or other commercial purposes.  (Code 1989, $3-19; Amd. of8-9-1993) Sec. 4-63 Nuisance animals general  No owner shall fail to exercise proper care and control of his animals to prevent them from becominga public nuisance. Molestinga passerby, attacking without injuring any person without provocationon two (2) or more occasions, chasing vehicles, habitually attacking but not seriously injuring other domestic animals, running at large on public property, or trespassing upon private property in such manner as to damage property shall be deemed a nuisance. Two (2) or more violations of Town Code sections 4-60 or (BARKING DOGS) in any twelve-month period shall also be deemed a nuisance. Any person owning or having in his possession or under his control any animal constituting a nuisance shall be summoned before the general district to show cause why such animal should not be confined, disposed of or removed or the nuisance otherwise abated and, upon proof that the animal constitutesa public nuisance, the animal in question shall, by order oft the general district court, either be confined, removed from the town, or the nuisance activity otherwise abated as such court shall order. It shall be unlawful and shall constitute contempt of courti for any person to harbor or conceal any animal which has been ordered disposed of or removed by the general district court or to fail to confine or restrain an Any person who ownsany dog that has been adiudged a nuisance pursuant to this section by the general district court and who appeals that decision to the circuit court shail be responsible for the fees Apolice officer mayi issue a summons to any person he finds in violation of this section. Penaltyupon  animal when such an order has been entered byt the court.  connected with thei impounding of the animal.  conviction oft this violation shall be $250.00 for each offense.  Sec. 4-64 Barking dogs.  Itshall be unlawful for any person between the hours of 8pm and 8am, to keep a dog without exercising proper care and control ofs such dog to prevent it from disturbing the peace of others by barking, whining, howling, or crying withoutprovoationinal loud, continuous or untimely manner.Any person,  Epeatedi-20-01-63- 141084041 EST  (Supp.Ne-2)  Page 2 of8    whether as owner,tenant occupant, lessee or otherwise, in charge or control oft the propertywhere such dogi is kept, or the owner of such dog, shall be responsible for exercising control of such dog under Apolice officer may issue a summons to any person he finds iny violation of this section. Penaltyupon conviction oft this violation shall be $25.00f for the first offense, $250.00 for conviction ofas second  this section.  offense and subsequent.within. at twelve (12)period month.  Secs. 4-6365-4-82. Reserved.  DIVISION 2. DANGEROUS DOGSI  Sec. 4-83. Dangerous dog defined.  As used ini this article, thet term' "dangerous dog" means:  (1) A canine or canine crossbreed that has bitten, attacked or inflicted injury on a companion animal that isac dog or cat or killed a companion animal thati is a dog or cat. A canine or canine crossbreed is nota dangerous dogi if, upon investigation, al law enforcement officer ora animal control officer finds that: a. No: serious physical injury, as determined by a licensed veterinarian, has occurred to the dog or C. Such attack occurred on the property of the attacking or biting dog's owner or custodian. (2) Acanine or canine crossbreed that has bitten, attacked or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dogi if, upon investigation, al law enforcement officer or animal control officer finds that thei injuryi inflicted by the canine or canine crossbreed upon a person consists solely ofa as single nip or bite resulting only in a scratch, abrasion, or other minori injury.  cat as aresult of thea attack or bite; b. Both animals are owned by the same person; or  State law reference(s)- -S Similar provisions, Code of Virginia, 53.2-6540A.  Sec. 4-84. Exception.  No dog shall bei found to be a dangerous dog as a result of biting, attacking, ori inflicting injury on a dog or cat while engaged with an owner or custodian as part ofl lawful hunting or participating in an organized, lawful dog handling event. No dogs shall be found to be a dangerous dogi ift the court determines, based ont the totality of the evidence beforei it, orf for other good cause, that the dogi is not dangerous or a threat to the community.  State law referenelsy-Simiar provisions, Code of Virginia, $3.2-6540B. Sec. 4-85. Application; judgment; confinement.  Any law enforcement officer or animal control officer who has reason tol believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog may apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court ata specified time. The summons shall advise the owner of the nature oft the proceeding andi the matters ati issue. Ifa  'State law elerencets)-Dangerous dog, Code of Virginia, $3.2-6540.  EST)  (Supp-Ne-24  Page 3 of8    law enforcement officer successfully makes an application for thei issuance ofa as summons, he shall contact the local animal control officer and inform him of thel location ofi the dog and ther relevant facts pertaining to his belief that the dog is dangerous. The animal control officer shall confine the animal until such time as evidence shall bel heard anda a verdict rendered. Ift the animal control officer determines that the owner or custodian can confine the animali in ar manner that protects the public safety, her may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may  compel the owner, custodian or harborer oft the animal to produce the animal. State law reference(s) --Similar provisions, Code of Virginia, $3.2-6540C.  Sec. 4-86. Compliance; restitution.  If, after hearing the evidence, the court finds that the animal isa dangerous dog, the court shall order the animal's owner to comply with the provisions oft this section. The court, upon finding the animal to be a dangerous dog, may order the owner, custodian or harborer thereof to pay restitution for actual damages to any person injured byt the animal or whose companion animal was injured or killed by the animal. The court, in its discretion, may also order the owner top pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animali is takeni into custody until sucht time as the animal is disposed of or returned to the  owner.  State law relerencels)-Similar provisions, Code of Virginia, $3 3.2-6540D.  Sec. 4-87. Deferment.  If, after hearing the evidence, the court decides to defer further proceedings without entering an adjudication that the animal isa dangerous dog, it may do so, notwithstanding any other provision oft this section. A court that defers further proceedings shall place specific conditions upon the owner of the dog. Ift the owner violates any oft the conditions, the court may enter an adjudication that the animal is a dangerous dog and proceed as otherwise providedi in this section. Upon fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner without an adjudication that the animal isa dangerous dog.  Statel law reference(s)- - Similar provisions, Code of Virginia, 93.2-6540E.  Sec. 4-88. Appeal. reasonable doubt.  The procedure for appeal and trial shall bet thes same as provided by lawf for misdemeanors. Trial byj jurys shall be as provided in Code of Virginia, $19.2-260 et seq. Thes state shall be required to prove its case beyonda  Statel law referencets)-Simlar provisions, Code of Virginia, 53.2-6540F. Sec. 4-89. Dangerous dog not to be determined based solely on breed. nori is the ownership of a particular breed of canine or canine crossbreed prohibited. State law referencetsy)-Simlar provisions, Code of Virginia, $3.2-6540G.  No canine or canine crossbreed shall be found tol be a dangerous dog solely becausei itis a particular breed,  Sec. 4-90. Trespass; provocation.  (a) No animal shall bei found to be a dangerous dogi if the threat, injury, or damage was sustained bya a person  who was:  fESTI  (Supp-Ne.2)  Page 40 of8    (1) Committing, at thet time, a crime upon the premises occupied byt the: animal's owner or custodian; (2) Committing, at thei time, a willful trespass upon the premises occupied by the animal's owner or (3) Provoking, tormenting, or physically abusing the animal, or can be shown tol have repeatedly provoked, (b) No police dog that was engaged ini the performance of its duties as such at thet time of the acts complained ofs shall be found to be a dangerous dog. No animal that, at the time oft the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, ori its owner's or  custodian; or  tormented, abused, or assaulted the animal at other times.  custodian's property, shall bet found tol be a dangerous dog. State law referencels)-Similar provisions, Code of Virginia, $3.2-6540H. Sec. 4-91. Dangerous dog owned by a minor. ber responsible for complying with allr requirements of this article. State law referencels)-simiar provisions, Code of Virginia, $3.2-65401.  Ift the owner of an animal found to be a dangerous dogi is a minor, the custodial parent or legal guardian shall  Sec. 4-92. Registration certificate.  The owner of any animal found to be a dangerous dog shall, within 30 days of such finding, obtaina dangerous dog registration certificate from the local animal control officer or treasurer for ai feei in the amount as provided fori in thet fee schedule oni filei in the town clerk's office, in addition to other fees that may be authorized by law. The local animal control officer or treasurer shall also provide the owner witha a uniformly designed tagi that identifies the animal as a dangerous dog. The owner shall affix the tagt to the animal's collar ande ensure that the animal wears the collar and tag at allt times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this section shall be updated and renewed fora at feei in the amount as provided fori in the fee schedule on file ini thet town clerk's office andi in the same manner as thei initial certificate was obtained. The animal control officer shall post registration information on the state dangerous dog registry.  State law referencels)-Similar provisions, Code of Virginia, $3.2-6540F. Sec. 4-93. Registration certificate requirements.  (a) All dangerous dog registration certificates or renewals thereof required to be obtained under this article shall  only be issued to persons 18 years of age or older who present satisfactory evidence:  (1) Of the animal's current rabies vaccination, ifappliçable; (2) That the animal has been neutered or spayed; and  (3) That the animal is and willl be confined in a proper enclosure or is and will be confined inside the owner'sresidence ori is and willl be muzzled and confined in the owner's fenced- in yard until the proper (b) Ina addition, owners who apply for certificates or renewals thereof under this article shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (1) Their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence ofac dangerous dog on the property; and (2) The animal has been permanently identified by means of electronic implantation.  enclosure is constructed.  Crete-2922-42-9- 11408404 fESTI  (Supp-Ne.2)  Page 50 of8    (c) All certificates or renewals thereof required to be obtained under this article shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000.00, that covers anima! bites. The owner may obtain and maintain al bond in surety, in lieu of liability  insurance, tot the value of at least $100,000.00.  State law referencetsy-Simlar provisions, Code of Virginia, $3.2-6540K.  Sec. 4-94. Confinement; restraint.  While on thep property ofi its owner, an animal found to be a dangerous dog shall be confined indoors or ina securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with ore entry! by minors, adults, or other animals. While: sO confined within the structure, the animal shall be provided for according to Code of Virginia, $3.2-6503. When offi its owner's property, an animal found to be a dangerous dog shall be kept on al leash and muzzledi in: such a manner: as not to cause injury tot the animal or interfere with the animal's vision or respiration, but so as to prevent it from! biting a person or another animal.  State law referencels)-Simlar provisions, Code of Virginia, $3.2-6540L. Sec. 4-95. Notification of animal control officer.  (a) After an animal has been found tol be a dangerous dog, the animal's owner shalli immediately, upon learning  oft the same, cause the town animal control officer to be promptly notified of: (1) The names, addresses, and telephone numbers of all owners; (2) All of the means necessary to locate the owner and the dog at: any time; (3) Any complaints or incidents of attack by the dog upon any person or cat or dog; (4) Any claims made or lawsuits brought as a result of any attack;  (5) Chipi identification information; (6) Proof of insurance or surety bond; and (7) The death of the dog. (1) Is loose or unconfined; (2) Bites a person or attacks another animal; or (3) Issold, is given away, or dies.  (b) The animal's owner shalli immediately cause the town animal control authority to be notified ift the animal:  (c) Any owner ofa a dangerous dog who relocates to a new address shall, within ten days of relocating, provide written notice toi the appropriate local animal control authority for the old address from which the animal  has moved andi the newa address to which the animal has been moved. State law referencets)-Similar provisions, Code of Virginia, $3.2-6540M.  Sec. 4-96. Violations.  (a) Any owner or custodian ofa canine or canine crossbreed or other animal is guilty ofa:  (1) Class 2 misdemeanor, ift the canine or canine crossbreed previously declared a dangerous dog pursuant tot this article, when such declaration arose out ofas separate and distinct incident, attacks andi injures  or kills a cat or dog thati is a companion animal belonging to another person;  Crestedi-2822-02-8- 11108104- FESTI  Supp-Ne2  Page 60 of8    (2) Class 1 misdemeanor, if the canine or canine crossbreed previously declared a dangerous dog pursuant tot this article, when such declaration arose out ofa as separate and distinct incident, bites al human being (3) Class 61 felony, ifa any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed or other animal is so gross, wanton and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal (b) The provisions of this section shall not applyt to any animal that, at the time of the acts complained of, was responding to pain ori injury, or was protecting itself, its kennel, its offspring, a person, ori its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance ofi its duties at  ora attacks al human being causing bodily injury; or  attacking and causing serious bodilyi injury to any person.  the time of the attack.  Statel law reference(s): --Similar provisions, Code of Virginia, $3.2-6540001-3.  Sec. 4-97. Failure to comply with requirements. requirements of this articlei is guilty ofa a Class 1 misdemeanor. State law reference(s)- - Similar provisions, Code of Virginia, $3.2-6540P. Sec. 4-98. Notification of animal control officer.  The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the  Whenever an owner or custodian of an animal found to be a dangerous dogi is charged with a violation of this article, the animal control officer shall confine the dangerous dog until such time as evidence: shall be heard anda verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer oft the  animal to produce the animal, Sec. 4-99. Penalties. (a) Upon conviction, the court may:  State law referencels)-Similar provisions, Code of Virginia, 53.2-6540P.  (1) Order the dangerous dog to be disposed of byt thet town council pursuant to Code of Virginia, $3.2- (2) Grant the owner upi to 30 days to comply with the requirements of this article, during which timet the dangerous dog shall remain in the custody of the animal control officer until compliance has been (b) Ifthe owner fails to achieve compliance within the times specified by the court, the court shall order the dangerous dogt to be disposed of by the town council pursuant to Code of Virginia, $3.2-6562.1 The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from thet time the animali is taken into custody until such time that the animal is disposed of  6562; or verified.  orreturned tot the owner.  State law eferenets)-Simiar provisions, Code of Virginia, $3.2-6540P. Sec. 4-100. Fees to be paid into special dedicated fund.  All fees collected pursuant to this article, less the costs incurred byt the animal control authority in producing and distributing the certificates and tags required byt this article andi fees due to the state veterinarian for  Crested-382-02-01-9-11:08194-E54  (Supp.-No-2)  Page 7of8    maintenance oft the state dangerous dog registry, shall be paidi into a special dedicated fundi in thei treasury oft the town fort the purpose of paying the expenses ofa anyt training course required under Code ofVirginia, $3.2-6556.  State law eferencels)-Similar provisions, Code of Virginia, $3.2-6540Q.  Secs. 4-101--4-123. Reserved.  N-#-I FESTA  (Supp-Ne-2)  Page 8of8    FOR PUBLICHEARING-/ APRIL11,2022 PART II- CODE OF ORDINANCES Chapter 38- ZONING ARTICLE II. DISTRICTS  ARTICLE I. DISTRICTS  Sec. 38-43. Enumeration of districts.  Fort the purpose of this chapter, thei incorporated area of the town, is hereby divided into the following  districts:  (1) Single-Family Residential District (R-1).  a. Large lot: Single-Family Residential District (R-1A). b. Small lot: Single-Family Residential Districts (R-1B,R-1C).  (2) Multifamily Residential District (R-2). (3) Business, Downtown, District (B-1). (4) Business, Highway, District (B-2). (5) Busines-Waterfront District (B-W). on file int the town clerk's office. on file int thet town clerk's office.  (6) Parks and Open Spaces District (POS). Location of these districts can be found on Map 1, which mapi is (7) Historic District Overlay District (HD-O). Location oft this district can be found on Map 2, which mapi is (8) Chesapeake Bay Preservation Area Overlay District (CBPA- 0). Location of this district can bei found on  Map 3, which mapi is on filei int the town clerk's office.  (9) Industrial, Utilities (I-U)  (Code 1989, S 24-13; Ord. eff. 6549820rd.0324199201d.dr7141997  Secs. 38-44--38-74. Reserved.  Omanceck,Mighis,CedeelOrdinanses:  CPested-2922-02-03- 1108+13-FES1  Supp.Ne2)  Page 1of1