James City passes ordinance to regulate hybrid canines

Nov. 27--JAMES CITY -- A new ordinance regulating ownership of hybrid canines was passed Tuesday night by the county Board of Supervisors. It's effective immediately.

Lola Perkins, assistant county attorney, said owners of hybrid canines have until Jan. 31 to apply for a permit under the new ordinance and comply with all requirements. A grandfathering resolution was also adopted, allowing hybrids currently on properties not zoned A-1 or general agricultural to remain on that property, provided all permit and enclosure requirements are met.

The ordinance limits owners to two hybrid animals. Both animals would require annual permits at a cost of $100 each. Annual enclosure inspections are required and owners would be required to submit a consent form as part of their application packet.

"I believe that hybrids are wild predators and that they do pose a risk to the citizens of JCC, not only to pets but to small children and adults," said Andrew Poole, a resident of Powhatan Secondary, who spoke in favor of the ordinance.

Discussion of the topic began last month just days after a hybrid wolf attacked two dogs on Jesters Lane and was shot and killed by police. Within a month the proposed ordinance had been developed.

The ordinance supervisors passed Tuesday establishes a permitting process for hybrid canines. Owners would be required to fill out an application for each animal and submit information such as age, color, sex, vaccination records and a photo of the animal.

Hybrid canines would need to bear a tattoo or other identifying mark, such as a microchip, per the ordinance. A minimum of $100,000 in liability insurance for hybrid owners would also be required.

Enclosure standards for hybrids were also specified in the ordinance based on those in the Goochland County code. A pen of at least 1,600 square feet with an 8-foot tall fence and a 3-foot overhang of fencing or barbed wire would be required. Also necessary are 6-inch deep concrete footers to prevent the animal from digging out, and a 4-foot exterior fence around the enclosure. Shirley Anderson with James City County Animal Control said the exterior fence is intended to keep people from approaching the pen.

Frank Buckley, who lives near where the attacks occurred, said he feels "the true genuis lies in Goochland's code" and echoed Anderson's statement about the 4-foot fence.

The ordinance also requires hybrid owners to notify animal control if their animal escapes, bites or attacks another animal or person, is moved to a different location, or dies.

Perkins explained to supervisors that they had the option of including more general language about the enclosures to give animal control more flexibility in determining if the pen is adequate when annual inspections are performed. Supervisors favored including specifics.

"I think we need to be clear about what our expectations are," said John McGlennon, Roberts District supervisor.

Jim Icenhour, supervisor for Jamestown District, said the board's "first and foremost" responsibility is public safety.

Zoning specifications in the ordinance determine where hybrid canines can by kept. Hybrids would need to be housed on A-1 or general agricultural property that is not within a platted subdivision or mobile home park.

Perkins said that's the purpose of the grandfathering resolution.

"What the grandfathering does it is it gives the hybrid owners out there an op to keep their animals even if they don't live in an A-1 (area)," she said.

County attorney Leo Rogers said he made the suggestion that a resolution grandfathering current hybrid owners in areas not zoned A-1 be adopted because the county does not know how many of thse dogs are within its borders and owners would still be required to comply with all permit requirements. He explained that non-compliance would give the county grounds to move against the owner and have the animal removed.

Powhatan supervisor Michael Hipple said the grandfathering gives owners who may just be finding out about the new ordinance a window of time to declare their animals.

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