The Beginning of Leash Laws
The purpose of a leash law is twofold-firstly, a leash law is designed for the safety of animals. Secondly, the leash law is designed to protect the public from uncontrolled and possibly dangerous animals. Leash laws also help with the control of stray animals . Virginia’s leash laws are set forth in Virginia Code and the regulations created by local governments. In Virginia, the leash law is primarily the responsibility of the counties, cities, and towns within the state. The Department of Game and Inland Fisheries has additional restrictions on leashed dogs when one is hunting.
Leash Law Requirements in Virginia
The general rule in Virginia is that pet owners must keep their dogs on a leash if they are outside and not on their property. This means that, as a pet owner, you cannot trust that your dog will stay by your side when unleashed — even if that is your dog’s normal behavior. A leash is the only way to ensure that your dog remains close by and under your control.
There are a couple of exceptions to the leash requirement: Even with these exceptions, it is unwise to allow your dog to roam freely in open areas, even if it is not currently illegal.
Virginia does not have one blanket leash law applicable to all localities. Instead, almost every jurisdiction in Virginia has its own rules regarding leashing a dog or other pet. Likewise, Virginia law has no requirements regarding leash length or certain materials, though some localities have resource such a requirement.
For instance, in the City of Alexandria, Virginia’s "Animal Control" code requires that any dog off its owner’s property must be restrained either on a leash not longer than 6 feet or confined within a vehicle. Further, the "Animal Control" code expressly prohibits using "a slip chain or pinch collar, tem 6 inches in length, on a dog except in cases where the owner of the dog is actively handling it and when it is for training purposes." An owner who violates this provision is guilty of a Class 2 misdemeanor, punishable by up to 6 months in jail and/or up to a $1,000 fine. However, exceptions to this rule exist — such as when the dog is in a designated dog park.
If an owner is found guilty of violating a leash law or other animal control ordinance in Virginia, the offense may be treated as a misdemeanor or civil violation, but could also result in the loss of ownership rights to the dog. Enforcement of Virginia’s leash laws exists at both state and local levels. The most common enforcement mechanism is a citation, which generally requires the owner to appear before a magistrate or in general district court for examination of the charges.
With so many potential consequences, a dog owner should consult an attorney to learn the best way to avoid a misdemeanor or civil conviction. In some situations, it may be possible for an attorney to directly negotiate with the court, especially if the dog owner is willing to accept some punishment for the violation. However, if an attorney discovers that the leash law is not applicable, he or she can help you mount an appropriate defense.
Penalties for Breaking Leash Laws
Engaging in a prohibited act is typically considered a Class 4 misdemeanor in Virginia and can result in up to six months in jail and/or a $250 fine for first offenses. First time offenders with no history of violent or sexual crime can take advantage of a P.I.T. (Pretrial Intervention and Treatment) program offered by the court, allowing them to avoid criminal charges and convictions upon completion of the program.
In addition, if the dog is seized for any attack on a person or domestic animal and is not proven legally to have been provoked, the dog is subject to Norfolk City Code Section 5-80 which calls for the dog to be euthanized (i.e. put down). Theoretically, the owner will get her or his day in court first to argue against the order that the dog be euthanized.
Leash Law Exceptions
The leash laws in Virginia have some exceptions and special considerations that pet owners should be aware of. Service dogs, for instance, are typically exempt from these regulations. The Virginia State Service Animal law defines a service dog, by section 51.5-40.1 of the Code of Virginia, as any guide, signal, or "other animal individually trained to provide assistance or perform tasks for an individual with a disability." This includes medical alert dogs (such as seizure detection or hearing dogs), mobility assistance dogs, and more. While service dogs are permitted to be off-leash, it is general etiquette for even these animals to be on a leash when in public spaces, simply to avoid causing confusion or concern among the public.
Some areas in Virginia are designated as dog-friendly, allowing dogs to run off-leash. You should check your local laws for specifics, as dog parks, for example, are usually fenced-in spaces where dogs can run freely. These parks are generally also classified as private property, which further explains why leash laws do not apply.
Other parks that may allow off-leash dogs include those where pet owners pay for a dog-specific license or permit that grants their pet "park access."
It should be noted that if a dog is wearing a muzzle or is visibly and obviously being restrained, it is not likely to be contacted by your local authorities. Most pet owners know their animal better than anyone else and are entrusted to only allow their dog to be off-leash in safe circumstances. As any good dog parent will tell you, there are times when dogs (even well-trained ones) become curious or nervous, and their owner will need to physically intervene to prevent them from accessing something that could potentially cause harm to them or to others.
If you or another pet owner has doubts about whether an animal is "under control," call the local authorities and allow them to investigate the situation.
Ensuring Leash Law Compliance
Responsible pet ownership requires understanding your state laws and municipal ordinances and adhering to them. Off-leash dog walking has its risks for both pets and humans, which is why leash laws govern that dogs must be leashed at all times in public areas or where other people and animals are present. Here are a few tips for pet owners to help with understanding and complying with leash laws:
Research Leash Laws
In Virginia, all cities and towns have municipal ordinances regarding leashes or controlling adult dogs with collars, halters, or other means. Before heading to a dog park or taking a walk in town with your dog, be sure to check and understand your municipality’s leash laws.
Choose the Best Leash
Leashes are designed to do much more than simply keep your dog tethered to your side, and not all leashes are created equal. A proper, lead-type leash allows you to have more control over your pet and is typically used while training your dog. Retractable leashes allow your dog freedom to stretch their legs while still remaining on a leash, but can easily become a hazard if you’re not careful. These will be acceptable, but only in an area where there are no other people or pets . Chain leashes offer more durability when your dog is rambunctious, but choose one that is shorter so you don’t accidentally let your dog wander too far. If you want to encourage your dog to be more active off-leash, use a long-line training leash to safely teach them recall. Otherwise, use a regular strap or belt leash that is appropriate for the size and weight of your dog.
Use a Pet Carrier or Scarf
If you don’t want to invest in a dog carrier, try using a soft, secure scarf around your pet to keep them off the ground and safe. Make sure that the scarf is wide and long enough to avoid suffocation and create a secure loop.
Train Your Dog
No matter what type of leash you decide to use on your dog, it’s important to train your pet on how to behave in any given situation. Anxiety can cause dogs to react aggressively and attack neighbors or other pets. People walking past your home can also cause anxiety in your dog, causing them to jump and pull at the leash. Teaching your dog basic obedience commands such as "down," "come," "sit" and "leave it" goes a long way in ensuring that you will not maim or otherwise harm someone by your pet’s behavior.
Local Government’s Involvement
Enforcement of leash laws is primarily the responsibility of local authorities, such as county animal control departments and local police. When it comes to enforcing leash laws, local authorities have a lot of discretion on how strictly to enforce the laws and generally use their discretion based on the situation. You have likely seen the sign in your local park that reads "dogs must be on leashes." Ready for a run, many dog owners ignore the sign. If you don’t believe it, simply walk by the sign and enjoy the parade of dogs running happily through the park. But on this day, the owner of the dog takes off his leash. A local police officer notices and approaches the dog owner. The dog owner explains, "My dog is friendly and loves to run. She would rather run with me than be on a leash the whole time." In Virginia, leash laws are only enforced if the officer feels there is probable cause for an offense. The officer questions the dog owner but does not give her a ticket.
A few hours later, an animal control officer receives a complaint that a dog is running without a leash in the park. At the same time, the officer gets an alert about loose pitbulls running around a downtown neighborhood. When the officer arrives at the park, there is a family picnic, children, adults, and dogs running around. The officer approaches the dog owner with the loose dog and gives the owner a ticket. When the officer puts the ticket into the system, it says the dog owner was given a ticket for "loose dog." The officer goes to the neighborhood downtown. Citizens met the officer and tell him that the dogs are very well trained and will return when called. The officer decides that the risk of an animal bite far outweighs the question of whether the dogs are well trained. When the officers apprehends both dogs, he scratches one of them and praises the dog. But the officer gives both animals a citation. Before writing the ticket, the officer first makes sure that the dogs are licensed, that the owner of the dogs has paid their license fee, had their rabies shots, and properly tagged their animal with contact information. Both dogs are required to be on a six foot leash, that fits the dogs comfortably, and does not choke or drag on the ground. The ticket has a fine of $50 as well as options for the owner of the dogs to plead not guilty.
Some counties in Virginia choose to be more permissive, meaning that they allow some dogs to be unleashed provided they are licensed, microchipped, properly cared for, and under supervision at the owner’s home. In many of these counties, licensed dog owners may let their dogs run free inside their fence. Some counties have no leash laws and others are stricter with the rules. In Northern Virginia, where there is a heavier concentration of people, leash laws are enforced. Other places in Virginia, not so much. Napa County, California recommends not walking dogs unless on a leash. In Napa, CA dogs are allowed to be in local park unless they are off leash. The primary offender of Saint Mary of Napa is the Turkey Buzzards. Napa law enforcement has a two warning system. Third offense and the owner must plead not guilty. A $100 fine is levied.
Other local agencies in Virginia help citizens to understand the leash laws that are in effect. Many require that they dog owners put up signs in their backyards, so that no one may inadvertently walk onto the property unless invited. Citizens are encouraged to call local officials and report any loose dogs or noise issues that may arise. While some states, such as California, recommend muzzles, the Commonwealth of Virginia does not.
Community Views on Leash Laws
Community perception of leash laws can vary wildly. For some, simply seeing an unleashed dog roaming promotes feelings of fear or concern over whether the animal will harm a human, whether it is abandoned, or whether it could itself be lost and in need of rescue. These people may complain to their local government about what they view as a loose animal problem that could contribute to public health and safety issues. Pet owners often have a different take. A dog owner may see it as a harmless courtesy to remove the leash and give his furry companion a chance to stretch and play throughout the day. In contrast, another pet owner may perceive a loose dog as a threat to his own pooch, as well as a potential safety hazard to Lord knows how many innocent barnyard animals. Finally, and perhaps most interestingly, local businesses may take an even more middle of the road approach than individuals. While some may see the alleged danger of an unleashed dog as a reason to avoid the business until its policy is or has been enforced, others may simply choose to ignore the sign and come back later on a day when the policy will not be available to the pets they bring in with them.
Conclusion: Responsible Pet Care
As pet owners, it is our obligation to understand and abide by the laws that govern our communities and to recognize the importance of these regulations for the safety of our pets and the people in our neighborhoods. Educating yourself will not only help protect you from potential liability, it will also help to ensure the safety of those around you with whom you share your neighborhood or community.
We are fortunate in Virginia to have so many wonderful places to walk or exercise our pets . It is important for us to remember, however, that leash laws apply everywhere in Virginia. We should never presume that an area is exempt from the leash law without verifying that this is the case with the locality or permission of the landowner. That said, most dog owners are looking out for their animals and for the rights and safety of others. Support one another in this effort to create a safe, friendly environment for those who live in Virginia, with or without pets.