Your county's animal control services

Recently, the county administration has reorganized the management and operation of its animal control and animal shelter services. We’d like to take this opportunity to inform county citizens about the organizational structure for those services.

Animal care facility

Throughout Virginia every locality is required by state law to provide, either in-house or through contracted services, a facility for harboring stray, homeless, abandoned or unwanted animals and animals taken into custody by authorized officials. Madison’s facility is operated in-house, as a division of the county’s Department of Facilities and Maintenance. Our animal control officers are in charge of day-to-day operations. The commonwealth of Virginia regulates the sheltering operations, and a representative of the State Veterinarian inspects the premises annually.

County staff is committed to finding good homes for as many animals as possible. Any person interested in adoption, or in volunteer opportunities, should contact us at (540) 948-6945. The shelter is located just inside the Transfer Station property, off Route 662 near Shelby.

Animal control officers

The board of supervisors appoints the county’s animal control officers (ACOs) to their positions. Our ACOs are not fully-certified law enforcement officers; however, they have statutory authority to issue summonses and felony warrants for the enforcement of state and local animal welfare laws.

ACOs have a limited investigatory power to enter and search business premises (for example, a commercial breeding operation) during normal business hours, without a warrant. In all other instances, ACOs must obtain a search warrant from a magistrate prior to conducting an investigatory search. Search warrants issued by a magistrate at the request of an ACO must be executed by the sheriff, or a deputy sheriff and the sheriff’s department provides other assistance, as necessary, with ACO investigations.

ACOs have ongoing training requirements, and must be knowledgeable with respect to animal protection laws as well as basic animal care.

Independent humane investigator

In Madison, there is also a person who has been appointed by our local circuit court as a humane investigator. The humane investigator (Mr. Karl Santone, a resident of Orange County) has been appointed by the court for a term of three years, and may be reappointed to additional terms. A humane investigator is not employed by the county, and is not subject to the direction and control of county officials. Likewise, neither ACOs nor sheriff’s deputies are subject to control by the humane investigator. A humane investigator has independent authority, similar to that of an ACO, to investigate and initiate prosecution of violations of laws governing the care and treatment of animals. As is the case with an ACO, a search warrant obtained by a humane investigator must be executed by a sheriff or deputy sheriff.

Although at times it may be necessary or desirable for the humane investigator, ACOs and sheriff’s department to conduct an investigation jointly, they are not required to do so. A humane investigator can, and often does, pursue investigations on his own.

Hopefully this information will be helpful to county residents in understanding the duties and responsibilities of animal control officers and the mechanisms by which animal welfare laws are enforced within our community.

(Guest columnist Lisa Kelley is the Madison County government administrator. Contact her via e-mail at lkelley@madisonco.virginia.gov.)