By Patrick Kuklinski
What are the dog laws in Virginia? Does Virginia have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination, dog bites, dog cruelty, and dog chains.
Read on for more information about dog laws in Virginia.
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All dogs residing in Virginia must receive a rabies vaccination before they are four months of age. This must be done when the dog is old enough to safely receive their first shot, typically eight weeks of age. After their first vaccination, dogs must be vaccinated either annually or triannually depending on the vaccination they receive. While there is no statewide legal enforcement of this law, vaccinating your dog prevents them from contracting rabies and/or being put down in the event they bite someone. Even friendly dogs may bite on occasion under stressful circumstances, so it’s best to practice safety first and always keep your dog up to date on their recommended vaccines.
If an unvaccinated dog bites a person, they will be considered as a potential rabies carrier. In Virginia, they can be quarantined for up to six months to screen for rabies symptoms, which can be detrimental to the animal. It is legal for them to subsequently be euthanized with no hold, when displaying symptoms, in order to test for rabies. While this is a sad outcome, it is avoidable by staying up to date on your pet’s vaccines. Vaccinated dogs will have a ten-day quarantine, which is often performed by allowing the dog to stay contained in the owner’s home.
Virginia is a “one bite” state in some regards, but also a “contributory negligence” state regarding dog bites. Being negligent or breaking an animal control law makes a person liable for a dog bite, but someone partially responsible for causing the incident cannot recover any compensation. A “one bite” rule typically allows a dog one offense with no liability from the owner under the assumption they were unaware prior to the incident that their dog might be dangerous. Partial responsibility for the incident applies in cases where, for example, the dog owner may have failed to restrain the dog properly, but the victim of the bite was taunting or provoking the dog.
There are cases where dogs will not be considered aggressors in attacks, even if previously proven to be dangerous. Dog owners are not responsible for attacks in which the dog was provoked or protecting the owner. This could include yelling at, hitting, or throwing objects at the dog. Additionally, if you were trespassing on private property and then were attacked by an otherwise contained dog, the dog’s owner would not be liable.
Additionally, in some cases, there may be a “common sense” prohibition on finding a dog owner liable. For example, most people know to leave an eating dog or a mother with puppies alone. Bothering an animal when you could predict aggressive behavior will not always result in liability for the owner.
A dangerous dog, particularly a repeat offender, may be euthanized if this is determined to be in the best interest of the safety of the community. After one documented bite, a dog is considered vicious in the state of Virginia. This means that subsequent bites may lead to euthanasia. Additionally, a severe enough attack could lead the court to determine euthanasia is the best course of action even for a first offender.
§ 3.2-6504. Abandonment of animal; penalty makes it illegal to abandon a pet in Virginia. This act makes animal abandonment an act of animal cruelty, even if it may not be as violent as other animal cruelty offenses. Virginia has many public animal shelters, some of which you can drop an animal off at with no questions asked. Animal abandonment is not only a crime, it’s dangerous and irresponsible both to your former pet and to the public. Bringing your pet to a shelter or new home if you can’t keep for them is a much better (and legal) option.
§ 3.2-6504 states that violation of Virginia’s animal abandonment laws is a Class 1 misdemeanor. This is the most serious misdemeanor charge, with the longest potential jail time and largest fines. Additionally, anyone found guilty of neglecting, abandoning, or cruelly treating a companion animal may be barred from owning other pets in the future. Also, it’s illegal for anyone convicted of animal cruelty (abandonment included) in Virginia to sell or trade any pet, unless this is court-ordered.
Virginia law determines that when an owner abandons an animal, they relinquish all rights to them. However, the old owner may still be responsible for costs of care in cases such as abandonment at a boarding kennel.
Virginia has a wide range of defined actions that are viewed as animal cruelty. Of course, it is illegal to hit, kick, beat, or otherwise inflict physical pain or suffering on a dog unless in the case of self defense or an otherwise justifiable action. It’s also considered animal cruelty to deprive a dog of things that one could reasonably assume they need — food, water, shelter, exercise, or vet care.
Animal cruelty in Virginia is most commonly associated with a misdemeanor charge. However, Virginia considers it aggravated cruelty to kill or seriously injure a pet on purpose and in a sadistic manner, or with the intention of causing extreme pain. Aggravated animal cruelty is a felony charge, not a misdemeanor. In addition to Virginia’s penalties for animal abuse, anyone found guilty of animal cruelty to a companion animal may be permanently barred from owning other pets in the future. It’s also illegal for anyone convicted of animal abuse or neglect in Virginia to sell or trade pets, unless the sale or trade has been court-ordered.
As in the other 49 states, dogfighting is a felony in Virginia. This doesn’t apply only to those directly fighting their animals. Charges can also occur for those betting on or attending dogfights in Virginia. It’s also illegal to train dogs for the intent of fighting, even if you aren’t directly participating in dogfights.
Tethering or chaining a dog is legal in Virginia. However, Virginia has regulations in place intended to protect tethered dogs from harm. Breaking Virginia’s tethering laws is illegal, and could result in an animal cruelty charge in severe cases. Virginia has a long list of tethering laws — but under close examination, most of these laws are pretty common-sense dog ownership. For example, tethered dogs in Virginia must be provided with food, water, and shelter, and they may not be tethered during extreme weather events. This is pretty reasonable, and keeps dogs safe while tethered.
The Animal Legal Defense Fund ranks Virginia number 15 out of all 50 US States for animal protection laws. This makes Virginia a “top-tier” state by their standards! Why does Virginia rank so high? Overall, this state’s animal protection laws are well-developed. Virginia has a wide range of care standards/requirements including food, water, shelter, care, and space, which are well-defined. And, veterinarians in Virginia must report suspected animal cruelty, and have immunity for doing so.
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