Issues

There's A Lot At Stake

There are multiple issues in current Virginia law that need to be addressed and changed. Some of the major concerns are listed below. The members of VAOA hope you will join us in educating other animal owners as well as our elected officials of what is at stake. We must be the collective voice for all animal owners, from those who own pets to those who own zoos. Ultimately, we will lose or succeed together.

It's up to us.

Who Is An Owner?

Did you know under current Virginia law you could be defined as the "owner" of the feral cat or dog on your property? Under the current code, if a citizen "harbors" an animal they are legally considered its owner. Anyone who acts as a "custodian" of an animal can also be considered its owner under 3.2-6500. These definitions are a problem, because of how they can translate into everyday life. If an individual wants to feed a pitiful stray cat, they can end up in court for neglect because of its poor body condition! Your pet sitter, trainer, or kennel operator can also be considered the owner of your pet and you can lose your animal if their facility is raided by law enforcement! On one hand the State is saying we own stray animals we do not actually claim, while on the other they strip us of our rights in the animals we DO own. The VAOA is working to get the definition of owner changed to any person who "has a right of property in an animal". Period. If this is your understanding of the word "owner", please contact your elected representatives and let them know you want the definition of "owner" changed. Tell them you stand with VAOA.

Where Is Due Process?

Virginia animal owners currently have no due process under the law. Animals can be seized because the laws in relation to animal cruelty "are about to be" violated. The VAOA wants due process added to sections 3.2-6568 and 3.2-6569. We believe that when humane investigators receive a complaint, they should
be required to learn the facts about an animal first. How can an investigator decide if the
animal has "a direct and immediate threat to its life, safety or health" if they don't know its age or history? Seizures are high stress situations that often result in the euthanasia of animals. We believe seizure should be the last resort of the State.

What Is The Animal Law Unit?

Did you know Virginia is the FIRST State in the nation to establish an Animal Law Unit? It was originally created in 2015 to eradicate dog fighting and cock fighting, but has since evolved and is targeting animal owners throughout the State who do not have everything "right". The Animal Law Unit wins awards for its work, in spite of the fact that animals are taken to secret locations or euthanized. The VAOA wants the State to establish clear standards for animal owners that incorporate common sense and recognize animal behavior. We also believe our legislators must establish clearer protocols for animal regulators to ensure that those enforcing the laws have accountability and oversight.

WHY IS THERE SELECTIVE ENFORCEMENT?

While the legislators in the General Assembly may not have realized how the law could be used against good citizens, the current code is hurting both people and animals. It is broad, vague, and open to interpretation. The code is also being used selectively against citizens. For example, many dogs are rushed to the vet for medical treatment every day across the Commonwealth. This is a common occurrence. What shocks people is when they are arrested for trying to help their pet! Most citizens remain completely unaware of how they could be charged with a misdemeanor or a felony until it happens to them or someone they know. Who is deciding when to charge someone? Why are certain citizens targeted and not others? Emergency vet care should not be used as a weapon against Virginians. If this pattern continues, it will ultimately have a negative impact on the health of animals in the Commonwealth as owners become fearful to ask for help. It is also important to note that many of the publicized charges involving animal owners often happen in certain counties. The laws are not being enforced equally across the board. We need to be asking more questions. We need reform and accountability.

Where Is Common Sense?

Did you know that under current law, a dog or cat must have "clean, fresh, potable water" at all times. This means it can NEVER freeze or get dirt in it. While it sounds nice to have clean water at all times it is impractical and wholly unrealistic to keep water perfect AT ALL TIMES. Animals often slobber in their water, lay in their water, or paw in their water the minute they receive it. OWNERS SHOULD NOT BE CRIMINALIZED FOR COMMON ANIMAL BEHAVIOR. This law seems to be targeting animal owners who keep their pets outside. Furthermore, giving license to take an animal based on its water bowl instead of the animal's actual health is wrong and will hurt untold numbers of animals through increased euthanasia. This part of the law must be changed. The VAOA wants our legislators to recognize the reality of animal behavior and have common sense when it comes to establishing standards for animal welfare.

All Breeds Are Not The Same

During the winter of 2018 the Virginia Attorney General's Office issued the following statement: "Depriving an animal of necessary shelter... That is cruelty. Any dog should be seized under those conditions. Moreover, blue barrels or decrepit shelters are not adequate shelter..." This may sound good on the surface, but again, this appears to be targeting animal owners who keep their pets outside. The Attorney General's Office is ignoring the fact that not all breeds of dogs are the same. Some breeds are working breeds and would much rather be outdoors in the winter than inside in the heat. Owners of Great Pyrenees dogs, for example, often have them outside year-round guarding a herd of livestock. The dogs have thick coats and are energized by cold weather. They often sleep in the barn with their herd or lay right out in the snow. These dogs are built for this line of work and are well adapted to Virginia winters. Our legislators need to recognize how working dogs contribute to the State and support all breeds by adding common sense to the law.

What Is A Companion Animal?

Did you know that under current Virginia code a TIGER is considered a companion animal? In fact, exotic animals are put under the same care category as a domestic dog or cat. The VAOA believes exotic animal care requirements must be defined separately from those of companion animals.

Why Are Zoos Not Defined?

The current animal code does not define a "zoo" or even "zoo animals" in spite of the fact that thousands of animals are kept in zoos throughout the Commonwealth. This makes no sense to zoo owners and managers. The VAOA is working to get the animal industry better defined. Zoos large and small contribute to Virginia's education, conservation, and tourism efforts and need to be recognized for their contribution and role in the State.