Pets in Placid Bay Estates
There are no Placid Bay Estates covenants regarding pets or animals. Westmoreland County, Virginia laws state the following regarding pets kept within Placid Bay Estates.
The author of this article is not a lawyer, always confirm details at
Westmoreland County Codes and Ordinances
Dogs
Dogs must be licensed and vaccinated. There is a local leash-law. There is no limit on the number of dogs per household.
Chickens
You can have up to 6 hens with a proper enclosure and distance. Roosters are not allowed.
Stray Cats
Our neighborhood has more than a few stray cats. There are several local trap, spay/neuter, and release programs, which we encourage you to support.
Westmoreland County Codes and Ordinances
regarding Animals (copied 6/20/2023)
Chapter 10 - ANIMALS[1]
Footnotes:
--- (1) ---
Cross reference— Environment, ch. 22.
State Law reference— Comprehensive animal laws, Code of Virginia, § 3.1-796.66 et seq.; authority of county to adopt ordinances paralleling state animal laws, Code of Virginia, § 3.1-796.94; animal control officers, Code of Virginia, §§ 3.1-796.104,3.1-796.105.
ARTICLE I. - IN GENERAL
Sec. 10-1. - Definitions.
For the purposes of this chapter, the words in this chapter shall be as defined in Code of Virginia, § 3.1-796.66 and shall have the meanings ascribed to them in such section.
(Code 1988, § 4-26)
Cross reference— Definitions generally, § 1-2.
Sec. 10-2. - Unlawful acts; misdemeanors.
The following shall be unlawful acts and constitute class 4 misdemeanors:
(1)License application. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.(2)License tax. For any dog or cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat.(3)Leash ordinance. For any dog owner to allow a dog to run at large in violation of an ordinance passed pursuant to Code of Virginia, § 3.1-796.95.(4)Rabies regulations. For any person to fail to obey Code of Virginia, §§ 3.1-796.98 and 3.1-796.100.(5)Dead companion animals. For any owner to fail to dispose of the body of his companion animals in accordance with Code of Virginia, § 3.1-796.121.(6)Diseased dogs and cats. For the owner of any dog or cat with a contagious or infectious disease to permit such dog or cat to stray from his premises if such disease is known to the owner.(7)Concealing a dog or cat. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.(8)Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian as provided in section 10-70.(9)Other violations. Any other violation of this chapter for which a specific penalty is not provided.
(Code 1988, § 4-2)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.128(A).
Sec. 10-3. - Keeping of animals and fowl prohibited in Potomac Shores Subdivision; exceptions.
(a)The keeping of live animals or fowl, other than dogs and cats, is prohibited in the Potomac Shores Subdivision within the residential R-2 limited uses area.(b)Live birds, fish and household pets properly kept and confined within a residential dwelling are not considered animals or fowl within the meaning of this section.
(Code 1988, § 4-3)
State Law reference— Authority for above section, Code of Virginia, § 3.1-796.94:1.
Sec. 10-4. - Animal control officer generally.
(a)There is hereby created the position of county animal control officer. The animal control officer shall be appointed by the board of supervisors. He shall enforce the provisions of this chapter and perform such other duties as may be prescribed by state law or the board of supervisors.(b)The board of supervisors may appoint one or more deputy animal control officers to assist the animal control officer in the performance of his duties.
(Code 1988, § 4-1)
Cross reference— Officers and employees, § 2-121 et seq.
Secs. 10-5—10-40. - Reserved.
ARTICLE II. - DOGS[2]
Footnotes:
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State Law reference— Dogs, Code of Virginia, §§ 3.1-796.84—3.1-796.93.2.
DIVISION 1. - GENERALLY
Sec. 10-41. - Running at large in specified subdivisions.
(a)All dogs kept, housed, penned or whose situs is otherwise regularly or periodically within the confines of the following subdivisions within the county are hereby prohibited from running at large:(1)Placid Bay Estates Subdivision.(2)Potomac Shores Subdivision.(3)Westmoreland Shores Subdivision.(4)Ebb Tide Beach Subdivision.(5)Berkeley Beach Subdivision.(6)Stratford Harbour Subdivision, specifically Section 1 - Lighthorse Forest, Section 2 - Independent Shores, Section 3 - Kings Grant Bluffs, Section 4 - Nomini Cliffs, Section 5 - Haulover Shores, Section 6 - Sanford Shores, Section 7 - Currioman Bay Estates, Section 8 - Machodoc Point and Section 9 - Stratford Bay Estates.(7)Drum Bay Estates Subdivision.(8)Cabin Point Subdivision.(9)Glebe Harbor Subdivision.(10)Shellfield Shores Subdivision.(b)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 immediate control; provided, however, that no dog whose normal situs is outside a subdivision listed in subsection (a) of this section, nor any dog engaged in lawful hunting beyond the confines of such a subdivision that shall thereafter stray within such confines, shall be deemed to run at large, provided that the owner or custodian shall place such dog under his immediate control within a reasonable time after knowledge thereof.(c)It shall be unlawful for the owner or custodian of a dog to permit the dog to run at large in violation of this section.
(Code 1988, § 4-27; Ord. of 1-8-2001; Ord. of 7-9-2007; Ord. of 12-10-2007; Ord. of 4-8-2013)
Cross reference— Subdivisions, ch. 66.
State Law reference— Authority for above section, Code of Virginia, § 3.1-796.93.
Secs. 10-42—10-60. - Reserved.
DIVISION 2. - LICENSE
Sec. 10-61. - Required.
It shall be unlawful for any person to own a dog four months or older in the county, unless such dog is currently licensed under the provisions of this article.
(Code 1988, § 4-41)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.85.
Sec. 10-62. - Application; applicant to be county resident.
(a)Any person who is a resident of the county may obtain a dog license by making oral or written application to the county treasurer, accompanied by the amount of the license tax and the certificate of vaccination required by section 10-68. The treasurer shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the county and he may require information to this effect from any applicant.(b)It shall be unlawful for any person to make a false statement in an application submitted under this section, in order to secure a dog license to which he is not entitled.
(Code 1988, § 4-42)
State Law reference— Similar provisions, Code of Virginia, §§ 3.1-796.86, 3.1-796.128.
Sec. 10-63. - Tax imposed.
(a)An annual license tax on the ownership of dogs in this county is hereby imposed in the following amounts:(1)All dogs that have been spayed/neutered, regardless of sex, not covered by a kennel license .....$5.00.(2)All dogs that have not been spayed/neutered, regardless of sex, not covered by a kennel license .....10.00.(3)For a kennel of not more than 20 dogs .....40.00.(4)For a kennel of more than 20 but not more than 50 dogs .....50.00.(b)No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, that is trained and serves as a hearing dog for a deaf or hearing impaired person or that is trained and serves as a service dog for a mobility-impaired person. As used in this section, the term "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond, and the term "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.
(Code 1988, § 4-43; Ord. of 9-11-2000, § 4-43)
State Law reference— Duty of county to impose above tax and provisions similar to subsection (b), Code of Virginia, § 3.1-796.87.
Sec. 10-64. - Where and when tax payable.
The license tax imposed by this article shall be due and payable at the office of the county treasurer, or at any substation established by the treasurer to collect the tax, as follows:
(1)On January 1 and not later than January 31 of each year, the owner of any dog four months old or older shall pay such tax.(2)If a dog shall become four months of age or if a dog four months of age or older unlicensed by this county shall come into the possession of any person in the county, between January 1 and October 31 of any year, such tax for the current calendar year shall be paid forthwith by the owner.(3)If a dog shall become four months of age, or if a dog four months of age or older unlicensed by this county shall come into the possession of any person in the county, between November 1 and December 31 of any year, such tax for the succeeding calendar year shall be paid forthwith by the owner, and the license issued shall protect the dog from the date of payment of such tax.
(Code 1988, § 4-44)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.88.
Sec. 10-65. - Failure to pay tax when due.
It shall be unlawful for any person to fail to pay the license tax prescribed by this article when the same is due. Payment of such tax subsequent to a summons to appear before a court for failure to do so within the time required shall not operate to relieve the owner of the dog from the penalties provided for such failure in section 10-2.
(Code 1988, § 4-45)
State Law reference— Similar provisions, Code of Virginia, §§ 3.1-796.103, 3.1-796.128.
Sec. 10-66. - Concealing or harboring dog on which tax not paid.
It shall be unlawful for any person to conceal or harbor any dog on which the license tax has not been paid.
(Code 1988, § 4-46)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.128.
Sec. 10-67. - Issuance of receipt; recordkeeping.
Upon receipt of proper application and current certificate of vaccination as required by this article, the treasurer or other officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male, unsexed female, female or kennel, and deliver the metal license tags or plates provided for in section 10-68. The information thus received shall be retained by the treasurer, open to public inspection, during the period for which such license is valid. The treasurer may establish substations in convenient locations in the county and appoint agents for the collection of the license tax and issuance of such licenses.
(Code 1988, § 4-47(a))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.86.
Sec. 10-68. - Issuance of tag.
Each dog license shall consist of a license tax receipt and a metal tag. The metal tag issued in this section shall be stamped or otherwise permanently marked to show the name of the county, the calendar year issued, the sex of the dog and shall bear a serial number.
(Code 1988, § 4-47(b))
State Law reference— Similar provisions, Code of Virginia, §§ 3.1-796.90, 3.1-796.97.
Sec. 10-69. - Preservation and exhibition of license receipt; tag to be worn by dog; exceptions.
(a)A dog license receipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by the animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by the dog for which the tag was issued. It shall be unlawful for the owner to permit any licensed dog four months old or older to run at large at any time without a collar and the license tag. The owner of the dog may remove the collar and license tag:(1)When the dog is engaged in lawful hunting;(2)When the dog is competing in a dog show;(3)When the dog has a skin condition which would be exacerbated by the wearing of a collar;(4)When the dog is confined; or(5)When the dog is under the immediate control of its owner.(b)Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed, and in any proceedings under this article, the burden of proof of the fact that such dog has been licensed or is otherwise not required to bear a tag at the time shall be on the owner of the dog.
(Code 1988, § 4-48)
State Law reference— Similar provisions, Code of Virginia, §§ 3.1-796.89, 3.1-796.92.
Sec. 10-70. - Unlawful removal of tag.
It shall be unlawful for any person, except the owner or custodian, to remove a legally acquired license tag from a dog, without permission from the owner or custodian.
(Code 1988, § 4-49)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.128.
Sec. 10-71. - Duplicate tags.
If a dog license tag is lost, destroyed or stolen, the owner or custodian shall at once apply to the county treasurer for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the treasurer that the original license tag has been lost, destroyed or stolen, the treasurer shall issue a duplicate license tag, which the owner or custodian shall immediately affix to the collar of the dog. The treasurer shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be $1.00.
(Code 1988, § 4-50)
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.91.
Sec. 10-72. - Special provisions for kennels and kennel dogs.
(a)Dogs licensed as kennel dogs shall be identified and controlled as set forth in this section.(b)The owner of a kennel shall securely fasten the license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not so in use must be kept by the owner or custodian and promptly shown to the animal control officer or other officer upon request.(c)A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show.(d)A kennel shall not be operated in such a manner as to defraud the county of the license tax applying to dogs which cannot be legally covered by the kennel license or to violate other provisions of this division.
(Code 1988, § 4-51)
Sec. 10-73. - Adoption fee.
For any dog or animal that is adopted from the county animal shelter, there shall be a fee payable to the county in the amount of $20.00.
(Ord. of 9-11-2000, § 4-52)
State Law reference— Confinement and disposition of animals, Code of Virginia, § 3.1-796.96.
Secs. 10-74—10-90. - Reserved.
DIVISION 3. - DANGEROUS AND VICIOUS DOGS[3]
Footnotes:
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Cross reference— Environment, ch. 22.
State Law reference— Authority to control dangerous or vicious dogs, Code of Virginia, § 3.1-796.93.1.
Sec. 10-91. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous dog means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal, or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.
Vicious dog means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or an animal control officer as authorized by this division pursuant to the provisions of the definition of "dangerous dog" in this section, that it is a dangerous dog, provided that its owner has been given notice of that finding.
(Code 1988, § 4-61; Ord. of 7-12-2004(1))
Cross reference— Definitions generally, § 1-2.
State Law reference— Definition of dangerous and vicious dog, Code of Virginia, § 3.1-796.93:1(B).
Sec. 10-92. - Determination of dog's status.
An animal control officer may determine, after investigation, that an animal is a dangerous dog and order the owner to comply with the provisions of this division. If the owner disagrees with the determination of the animal control officer, he may appeal the determination to the general district court, or an animal control officer who has reason to believe that a dog within his jurisdiction as a dangerous dog or vicious dog may apply to a magistrate for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine animal until such time as evidence can be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this division. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1-796.119.
(Code 1988, § 4-62(a); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(1), (E).
Sec. 10-93. - Exceptions to dangerous dog classification.
(a)No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of it's duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog.(b)No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.
(Code 1988, § 4-62(b); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(2).
Sec. 10-94. - Certificate and fees required; tag; renewal.
The owner of any animal found to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration certificate from the animal control officer for a fee of $50.00. The animal control officer shall provide the owner with a uniformly designed tag that identifies the dog as dangerous. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. Certificates obtained pursuant to this paragraph shall be renewed annually for the same fee and in the same manner as the initial certificate.
(Code 1988, § 4-62(c); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(3).
Sec. 10-95. - Issuance of certificates; owner requirements; signs posted; liability insurance.
Certificates or renewals thereof shall only be issued to persons 18 years of age or older and who present evidence (i) of the animal's current rabies vaccination, if applicable, (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed, (iii) that the animal has been spayed or neutered, (iv) that the owner has liability insurance coverage in an amount of at least $100,000.00 and that such insurance covers dog bites, (v) that their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (vi) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation
(Code 1988, § 4-62(d); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(4).
Sec. 10-96. - Secure enclosures; muzzling; parental responsibility for minor owning dangerous dogs.
(a)While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off of its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal.(b)If the owner of a dangerous or vicious dog is a minor, the custodial parent or legal guardian shall be responsible for complying with the requirements of this section.
(Code 1988, § 4-62(e), (f); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(5), (6).
Sec. 10-97. - Incident reports.
After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address.
(Code 1988, § 4-62(g); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(7).
Sec. 10-98. - Failure to comply with division provisions.
The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a class 1 misdemeanor.
(Code 1988, § 4-62(h); Ord. of 7-12-2004(1))
State Law reference— Similar provisions, Code of Virginia, § 3.1-796.93:1(C)(8).
Sec. 10-99. - Payment and disposition of fees.
All fees collected pursuant to this division, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required hereunder, shall be paid into a dedicated fund of the county for the purpose of paying expenses of any training course required by Code of Virginia, § 3.1-796.104:1.
(Ord. of 7-12-2004(1))
Sec. 10-100. - Reserved.
ARTICLE III. - FOWL
DIVISION 1. - FOWL IN RESIDENTIAL DISTRICTS
Sec. 10-101. - Keeping of fowl in residential districts; prohibited.
It shall be unlawful for any person to permit or allow any domesticated fowl to run at large within the R-1, R-2, or RR residential zoning districts, except as provided in this chapter.
(Ord. of 6-13-2016)
Sec. 10-102. - Same; exceptions.
It shall be lawful for any person to keep, permit or allow any fowl within R-1, R-2, or RR residential zoning districts under the following terms and conditions:
(a)No more than six hens shall be allowed for each single-family dwelling. No birds shall be allowed in multi-family complexes, including duplexes.(b)No roosters shall be allowed.(c)There shall be no outside slaughtering of birds.(d)All fowl must be kept at all times in a secure enclosure with a coop constructed at least two feet above the surface of the ground.(e)The coop and yard enclosure must be situated at least 25 feet from the nearest property line.(f)Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors.
(Ord. of 6-13-2016)
Sec. 10-103. - Indoor birds.
The above section 10-101 is not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor to the lawful transportation of fowl through the corporate limits of the county.
(Ord. of 6-13-2016)
Sec. 10-104. - Exceptions based on lot size, setbacks.
The above section 10-101 is not intended to apply to chickens and other domestic fowl that are kept on a lot or parcel larger than 2 acres, provided that the fowl are contained at least 50 feet from the property line.
(Ord. of 6-13-2016)
Sec. 10-105. - No "grandfathering."
Fowl currently existing in the county shall not be "grandfathered" or permitted to remain after the effective date of this article; however, owners of the poultry will have 90 days from the effective date to come into compliance with this article.
(Ord. of 6-13-2016)
Sec. 6-91. - Levied.