At a meeting of the South Boston Town Council held on August 12, 2013 at 7:00
p.m. in the Council Chambers on Yancey Street, the following were present:
Interim Mayor Edward Owens
Interim Vice-Mayor Coleman Speece
Council Member W. R. Snead, Jr.
Council Member Robert B. Hughes
Council Member Tina Wyatt-Younger
Council Member Morris Bryant
Staff: Town Manager Ted Daniel; Police Chief James Binner; Finance Director
Erle Scott; Director of Public Works Alan Auld; and Town Clerk Jane Jones
On motion of Mr. Bryant, seconded by Mrs. Wyatt-Younger , Council approved
the minutes of the July 8 and 29, 2013 meetings with one correction on page 446
[$44,103,602 should have read $11,103,602]. Mrs. Jones gave the invocation.
*CHAPTER 18 ARTICLE II DOGS AND CATS; DANGEROUS DOG AMENDED
The meeting having been duly advertised constituted a public hearing to receive
citizen comment on a recommendation from the Police Department to revise the town
code concerning dangerous dogs. The new language will mirror state law and strengthen
the Code. Speaking in support of the amendment was Ron Fitch, Orleans Avenue. No
one spoke in opposition.
On motion of Mr. Speece, seconded by Mr. Bryant, Council voted unanimously to
adopt the following ordinance amending Chapter 18 – Division 3 Dangerous Dogs as
follows:
AN ORDINANCE AMENDING THE CODE OF THE TOWN OF SOUTH BOSTON,
VIRGINIA CHAPTER 18 ANIMALS; ARTICLE II DOGS AND CATS; DIVISION 3
DANGEROUS OR VICIOUS DOGS
SECTION I: It is the intent of the South Boston Town Council to amend the Code of the Town
of South Boston, Chapter 18 Animals, Article II, Division 3 Dangerous or Vicious Dogs.
SECTION II: The purpose of the amendment is to update and strengthen the Town Code
concerning dangerous dogs.
SECTION III: Whereas, Division 3 of Chapter 18 is hereby repealed in its entirety and replaced
with the following language:
Sec. 18-81. - 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 that is a dog or cat, or killed a companion animal that is a dog
or cat. When a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting
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dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed
veterinarian has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are
owned by the same person; (iii) if such attack occurs on the property of the attacking or biting
dog's owner or custodian; or (iv) for other good cause as determined by the court. No dog shall be
found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat
while engaged with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a
person shall be found to be a dangerous dog if the court determines, based on the totality of the
evidence before it, that the dog is not dangerous or a threat to the community.
“Serious injury” means an injury having a reasonable potential to cause death or any injury other
than a sprain or strain, including serious disfigurement, serious impairment of health, or serious
impairment of bodily function and requiring significant medical attention.
“Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted
serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous
finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by
ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.
Sec. 18-82. - Hearing; procedures.
Any law enforcement officer or animal control officer who has reason to believe that a
canine or canine crossbreed within the Town is a dangerous dog or vicious dog shall apply to a
magistrate of the Town or Halifax County for the issuance of a summons requiring the owner or
custodian, if known, to appear before the Halifax County General District Court at a specified
time. The summons shall advise the owner of the nature of the proceeding and the matters at
issue. If a law-enforcement officer successfully makes an application for the issuance of a
summons, he shall contact the local animal control officer and inform him of the location of the
dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. 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 an
animal believed to be a dangerous dog in a manner that protects the public safety, he may permit
the owner or custodian to confine the animal believed to be a dangerous dog 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 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 § 3.2-6562 of the Code of Virginia as now in effect or subsequently
amended. The court, upon finding the animal to be a dangerous dog or a vicious dog, may order
the owner, custodian, or harborer thereof to pay restitution for actual damages to any person
injured or to the estate of any person killed by the animal or whose companion animal was
injured or killed by the animal. The court, in its discretion, may also order the owner to pay all
reasonable expenses incurred in caring and providing for such dangerous dog or vicious dog from
the time the animal is taken into custody until such time as the animal is disposed of or returned
to the owner. The procedure for appeal and trial shall be the same as provided by law for
misdemeanors. Trial by jury shall be as provided in Article 4 of Chapter 15 of Title 19.2 of the
Code of Virginia as now in effect or subsequently amended. The Commonwealth shall be
required to prove its case beyond a reasonable doubt.
Sec. 18-83. - Basis for finding.
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(a)
No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog
solely because it is a particular breed, nor shall the ownership of a particular breed of canine or
canine crossbreed be prohibited. 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:
(1) Committing, at the time, a crime upon the premises occupied by the animal's owner or
custodian;
(2) Committing, at the time, a willful trespass upon the premises occupied by the animal's
owner or custodian; or
(3) Provoking, tormenting, or physically abusing the animal, or can be shown to have
repeatedly provoked, tormented, abused, or assaulted the animal at other times.
(b)
No police dog which was engaged in the performance of its duties as such at the time of
the acts complained of shall be found to be a dangerous dog or a vicious dog. 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.
Sec. 18-84. - Registration required.
The owner of any animal found by a court to be a dangerous dog shall, within forty-five
days of such finding, obtain a dangerous dog registration certificate from the Town’s animal
control officer for a fee of $150.00 in addition to other fees that may be authorized by law. The
local animal control officer shall also provide the owner with a uniformly designed tag which
identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and
ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to
this section shall be renewed annually by January 31 of each year for a fee of $85.00 and in the
same manner as the initial certificate was obtained. The local animal warden shall post
registration information on the Virginia Dangerous Dog Registry.
Sec. 18-85. - Qualifications for registration.
All certificates or renewals thereof required to be obtained under this division shall only
be issued to persons 18 years of age or older who present satisfactory evidence of the animal's
current rabies vaccination, if applicable, that the animal has been neutered or spayed , and 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. In addition, owners who apply for certificates or renewals thereof under
this section shall not be issued a certificate or renewal thereof unless they present satisfactory
evidence 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 the animal has
been permanently identified by means of electronic implantation. All certificated or renewals
thereof required to be obtained under this section 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 that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu
of liability insurance, to the value of at least $100,000.
Sec. 18-86. - Confinement.
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While on the property of its owner, an animal found by a court 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.
When off its owner's property, an animal found by a court 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.
Sec. 18-87. - Parental responsibility for minors.
If the owner of an animal found by a court to be a dangerous dog is a minor, the custodial
parent or legal guardian shall be responsible for complying with all requirements of this section.
Sec. 18-88. - Duty of owner to report.
(a)
After an animal has been found by a court to be a dangerous dog, the animal's owner
shall promptly notify the animal control warden of the:
(1) names, addresses, and telephone numbers of all owners;
(2) all the means necessary to locate the owner and the dog at any time;
(3) any complaints or incidents of attack by a dog upon any person or cat or dog;
(4) any claims made or lawsuits brought as a result of any attack;
(5) chip identification information;
(6) proof of insurance or surety bond; and
(7) death of the dog.
(b) In addition the owner of a dangerous dog shall notify the animal control warden immediately,
upon learning of same, if the animal:
(1) is loose or unconfined;
(2) bites a person or attacks another animal; or
(3) is sold, given away, or dies.
(c). The owner of a dangerous dog shall notify the local animal control warden within 10 days if
the owner relocates by providing written notice identifying the new address to which the animal
has been moved even if that new address is outside the limits of the Town.
Sec. 18-89. - Use of funds received.
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 by this division, shall be
paid into a special dedicated fund in the treasury of the Town for the purpose of paying the
expenses of any training course required under Code of Virginia, § 3.2-6556.
Sec. 18-90. – Penalties.
(a) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a:
1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a
dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct
incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another
person;
2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a
dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct
incident, bites a human being or attacks a human being causing bodily injury; or
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3. Class 6 felony if 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 attacking and causing serious bodily injury to any person.
The provisions of this subsection shall not apply to any animal that, at the time of the acts
complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring,
a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged
in the performance of its duties at the time of the attack.
(b)The owner of any animal which has been found by a court to be a dangerous dog who willfully
fails to comply with the requirements of this division shall be guilty of a class 1 misdemeanor.
SECTION IV:
This Ordinance shall become effective at midnight on August 12, 2013.
SECTION V:
If any language, part, or section of this Ordinance is legally declared invalid by a court of
competent jurisdiction, then only that language, part, or section of this Ordinance shall be invalid
and all other language, parts, and sections shall remain in full force and effect.
*WASHINGTON COLEMAN COMMUNITY CENTER UNSPENT FUNDING
CARRIED OVER TO 2013-14
Mr. Daniel requested $374,408 in unexpended FY2012-13 funding for
Washington Coleman Community Center construction be carried over to FY2013-14. He
advised that the facility would be substantially completed by September 1, with a Ribbon
Cutting/Open House Gala planned for late September. On motion of Mr. Snead,
seconded by Mrs. Wyatt-Younger, Council voted unanimously to adjust the aggregate
amount to be appropriated during 2013-14 General Fund budget by $374,408 to cover the
remaining renovation costs for the Washington Coleman Community Center. Voting
Aye: Snead, Wyatt-Younger, Speece, Bryant, and Hughes. Voting Nay: none. Absent
and not voting: none.
*GEORGE BURTON APPOINTED TO IDA
On motion of Mr. Speece, seconded by Mr. Hughes, Council voted unanimously
to appoint George Burton, 414 Merritt Street, to fill the vacancy on the South Boston
Industrial Development Authority. This term will expire June 30, 2014.
Mr. Snead reported a complaint he had received from a resident of Salishan
Subdivision concerning cable television service.
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Mr. Owen reported a complaint he had received asking why the fire hydrants on
North Main Street had not being painted. He also inquired about the high grass in the
Route 58 median [maintained by VDOT].
There being no further business the meeting adjourned.
__________________________
Interim Mayor Edward Owens
ATTEST:__________________________
Jane P. Jones, Town Clerk, CMC
At a work session meeting of the South Boston Town Council held on August 26,
2013 at 5:45 p.m. in the Council Chambers on Yancey Street, the following were present:
Finance Committee
Council Member W. R. Snead, Jr
Interim-Mayor Edward Owens
Current Issues Committee
Council Member Robert Hughes, Chairman
Council Member Morris L. Bryant
Council Member Tina Wyatt-Younger
Finance Committee Chairman Speece was absent
Staff Present: Town Manager Ted Daniel, Finance Director Erle Scott, Director of Public
Works Alan Auld, Town Clerk Jane Jones, Police Sgt. Ronnie Edmonds
Interim Mayor Owens called the meeting to order and turned it over to the
Finance Committee. In Mr. Speece’s absence, Mr. Snead chaired the meeting.
*Monthly Finance Report
Mr. Scott gave the monthly financial report, copy of which is attached with the
agenda filed in the Clerk’s office. He reported 61% of budgeted delinquent taxes had
already been collected due to a robust collection process carried out by the town
attorneys. He reviewed the fund balance make-up as of July 31, 2013.
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*Funding Request – The Virginia Coalition
The Virginia Coalition has requested a $10,000 to continue to fight to stop the
lifting of the ban on uranium mining in Virginia, specifically Pittsylvania County. Mr.
Daniel advised that the Town had appropriated $5,000 to the Coalition, an affiliate of the
Roanoke River Basin Association, in each of the past two fiscal years.
While noting support of the efforts to fight against lifting the ban, Mayor Owen
questioned the timing of the request - after the 2013-14 budget had been adopted. Mr.
Daniel advised there was $63,395 in the two contingency line items if Council wished to
fund the request. Mr. Bryant asked how much were other localities contributing? Mr.
Owen requested a representative from the Virginia Coalition attend a future meeting to
discuss their needs and report funding received from other local governments.
The Finance Committee adjourned and the Current Issues Committee was
convened by Chairman Hughes.
*Recommendation from the Planning Commission to rezone from R-1 to B-2, PRN
29112, Somerset Assisted Living Facility,435 Hamilton Blvd., and a two-acre portion
of PRN 5285 to accommodate the sale and transfer to Commonwealth Assisted
Living
Mr. Daniel advised that the rezoning request was to accommodate the sale and
proposed expansion of Somerset Assisted Living Facility from DECCA and LGCK, Inc.
He noted that Somerset had been in business on PRN 29112 since 1994 operating with a
Special Use Permit. As Zoning Administrator he recommended the rezoning saying that
the B-2 District is an appropriate zoning for this use adjacent to the hospital and Hupps
Mill Shopping Center. The draft comprehensive zoning ordinance/map revision, now
being developed by the Planning Commission, projects the current site of Somerset to
change to B-2 to accommodate the current assisted living facility. The South Boston
Planning Commission held a public hearing on the request on August 14th and
unanimously recommended approval.
The committee authorized a Council public hearing be advertised for the
September 9th meeting to consider the rezoning application.
*Appointments to Lake Country Development Corporation
All four members of the Lake Country Development Corporation terms expire
September 30, 2013. Two members have inadequate attendance records. Mr. Alan
Edmonds was suggested as a replacement for Eric Roberts. The Clerk was directed to
contact Mr. Edmonds to determine if he would serve.
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The Current Issues Committee adjourned and the full Town Council convened.
*CLOSED MEETING TO DISCUSS ACQUISITION OF REAL ESTATE
On motion of Mr. Snead, seconded by Mr. Hughes, Council voted unanimously to
go into a closed meeting to discuss the acquisition of real estate as allowed by the Code
of Virginia §2.2-3711A.3. Voting Aye: Bryant, Snead, Hughes, and Wyatt-Younger.
Voting Nay: none. Absent and not voting: Speece.
On motion of Mr. Hughes, seconded by Mr. Bryant, Council voted unanimously
to return to open session. Voting Aye: Bryant, Snead, and Hughes. Nays: none. Absent
and not voting: Wyatt-Younger who had left the meeting, and Speece.
On motion of Mr. Bryant, seconded by Mr. Snead, Council unanimously certified
that to the best of each member’s knowledge (i) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of Information
Act and (ii) only such public business matters as were identified in the motion by which
the closed meeting was convened were heard, discussed or considered in the meeting by
the town council. Voting Aye: Bryant, Snead, and Hughes. Nays: none. Absent and not
voting: Wyatt-Younger and Speece.
*ACQUISITION OF REAL ESTATE APPROVED
On motion of Mr. Snead, seconded by Mr. Hughes, Council voted unanimously to
authorize the Town Manager to complete the sales transaction for a two-acre parcel of
land at a price of $15,000, conditioned upon a clean environmental assessment of the
property. The Town Manager was to inform Council of successful conclusion of the
transaction. Voting Aye: Bryant, Snead, and Hughes. Nays: none. Absent and not
voting: Wyatt-Younger and Speece.
There being no further business the meeting adjourned.
_____________________________
Edward Owens, Interim Mayor
ATTEST: __________________________
Jane P. Jones, Town Clerk, CMC
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