By Powhatan County Undersheriff Chris DeHart

Published Nov. 4, 2009 in Powhatan Today Newspaper

Dear Editor,

I would like to respond to those individuals that have sent e-mails and letters regarding the 30-day “policy” of euthanizing animals at the Powhatan Animal Pound.

I have learned this “30-day policy” e-mail flurry started from a volunteer of an animal group who had visited our pound. Obviously they were either misinformed or misunderstood what was said during a conversation with a pound employee.

First, no such 30 day “policy” exists. The only mandatory time limits that regulate our pound are those that are outlined in Virginia Code Section § 3.2-6546: County or city pounds: confinement and disposition of animals which states:         

Section C. An animal confined pursuant to this section shall be kept for a period of not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof.

The operator or custodian of the pound shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal’s confinement within the next 48 hours following its confinement.

If any animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. In addition to this and any other fees that might be levied, the locality may, after a public hearing, adopt an ordinance to charge the owner of an animal a fee for impoundment and increased fees for subsequent impoundments of the same animal.

D. If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection C, it shall be deemed abandoned and become the property of the pound.

Such animal may be euthanized in accordance with the methods approved by the State Veterinarian or disposed of by the methods set forth in subdivisions 1 through 5. No pound shall release more than two animals or a family of animals during any 30-day period to any one person under subdivisions 2, 3, or 4.

1. Release to any humane society, animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur;

2. Adoption by a resident of the county or city where the pound is operated and who will pay the required license fee, if any, on such animal, provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

3. Adoption by a resident of an adjacent political subdivision of the Commonwealth, if the resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment;

4. Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and provided that no dog or cat may be adopted by any person who is not a resident of the county or city where the pound is operated, or of an adjacent political subdivision, unless the dog or cat is first sterilized, and the pound may require that the sterilization be done at the expense of the person adopting the dog or cat; or

5. Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with § 3.2-6557; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment, and updates such statement as changes occur; and (iv) has provided to the pound, animal shelter, or other releasing agency within the Commonwealth a statement signed by an authorized representative specifying the entity’s compliance with clauses (i) through (iii), and the provisions of adequate care and performance of humane euthanasia, as necessary in accordance with the provisions of this chapter.

Second, unfortunately we do not operate a non-euthanizing facility however the Animal Control Division has done an outstanding job in reducing the number of animals euthanized due to their working relationships with rescue groups, animal shelters and in adoptions. Since January 1, 2009 Powhatan’s pound has taken in 550 animals and has only euthanized 13 percent. Most of those were feral cats surrendered by citizens. 

The pound has been full for most of the year and we have kept some animals for up to two months or longer because we felt they were adoptable and eventually could be paired with the right person or family or given to a rescue group, but we do have rules and regulations set forth by the Department of Agriculture as to how many animals, breed, sex, size and temperament we can put together in the spaces we have.

The Animal Control Division will continue to operate as they have prior to this issue and if you have any questions regarding our facility you can contact Sgt. Boczar at 598-5672 or myself at 598-5757.

We would also like to inform pet owners that they can help us by having their pets spayed or neutered, placing owner identification on their pets and making sure their pet’s rabies and county licenses are up to date.

Undersheriff Chris DeHart
Powhatan