19910611 1991-19ORDINANCE NO. 1991- 19
AN ORDINANCE AMENDING AND REENACTING CHAPTER 4 OF
THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
CONCERNING ANIMALS AND FOWL.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Chapter 4 of the Code of the City of
Fairfax, Virginia be and hereby is amended and reenacted to
read in its entirety as follows:
ARTICLE I. IN GENERAL
Sec. 4-1. Definitions.
For the purposes of this chapter, unless otherwise
provided, the following words or phrases shall have the meaning
respectively ascribed to them by this section:
Abandonment: means deserting, forsaking, or intending to
absolutely give up an animal without securing another owner or
without providing the necessities set out in section 4-2 of
this Article.
Agricultural animals: means cattle, horses, swine,
sheep, goats and poultry.
Animal: means domestic animals, including both
agricultural and companion animals, if not specified otherwise.
For the purposes of article III, animal means any animal
susceptible to rabies.
At large: means an animal or fowl, other than domestic
cats, roaming, running or self-hunting off the property of its
owner or custodian, and not under its owner's, or custodian's
immediate control.
Animal Warden: means any person employed, contracted or
appointed by the city for the purpose of aiding in the
enforcement of the Comprehensive Animal Laws or any other law
or ordinance relating to the licensing of dogs, control of dogs
and cats, cruelty to animals, or seizure and impoundment of
companion animals and includes any employee of the city whose
duties in whole or in part include assignments which involve
seizure or taking into custody of any dog or other animal.
City: means the City of Fairfax.
Companion animals: means domestic and feral dogs,
domestic and feral cats, monkeys, guinea pigs, hamsters,
rabbits, exotic animals and exotic and native birds. Game
species shall not be considered companion animals for the
purposes of this chapter.
Enclosure: means a structure used to house or restrict
animals from running at large.
Euthanasia: means the humane destruction of an animal
accomplished by a method that involves instantaneous
unconsciousness and immediate death or by a method that
involves anesthesia, produced by an agent which causes painless
loss of consciousness, and death during such loss of
consciousness.
1991-19 -2
Owner: means any person who: (i) has a right of property
in an animal, (ii) keeps or harbors an animal, (iii) has an
animal in his care, or (iv) acts as a custodian of an animal.
Pound: means a facility operated by the city, or under
contract with the city, for the purpose of impounding or
harboring seized, stray, homeless, abandoned or unwanted
animals.
Primary enclosure: means any structure used to
immediately restrict an animal to a limited amount of space,
such as a room, pen, cage, compartment or hutch.
Vicious dog: A dog which has attacked a person or animal
without adequate provocation or justification. Justification
includes the customary warning and protective functions of a
watchdog.
Sec. 4-2. Duties of owner.
Each owner shall have the duty to provide for each of his
companion animals:
Adequate feed and adequate water;
Adequate shelter;
Adequate space in the primary enclosure for the
particular type of animal depending upon its age
size and weight;
Veterinary care when needed and to prevent
suffering; and
Humane care and treatment.
Sec. 4-3. Abandonment of animal; penalty.
It shall be unlawful to abandon any animal within the
city. Every person who violates this section shall be guilty
of a Class 3 misdemeanor.
Sec. 4-4. Animals and fowl prohibited from running at large;
exceptions.
It shall be unlawful for any owner of any animals or
fowl, other than domestic cats, to permit such animals or fowl
to run at large in the city; provided, that when a dog is found
running at large, the provisions of section 4-8 shall apply.
Sec. 4-5.
large.
Impoundment of animals and fowl found running at
It shall be the duty of every law enforcement officer and
animal warden to capture and confine any animal or fowl, other
than domestic cats, running at large contrary to the provisions
of section 4-4 and to impound such animal or fowl at the city
pound or other suitable place, for a period of not less than
five (5) days, such period to commence on the day immediately
following the day the animal is initially impounded, unless
sooner claimed by the owner thereof.
Sec. 4-6. Notice to owner of impoundment of animals and fowl.
Not later than three (3) days after the impounding of the
animal or fowl pursuant to section 4-5, the owner shall be
notified of the impoundment by the animal warden, operator or
custodian of the city pound or other suitable place. If the
owner of the animal or fowl is unknown, the animal warden,
operator or custodian shall make a reasonable effort to
ascertain if the animal has a tag, license, or tattooed
identification. If such identification is found on the animal,
1991-19 -3
a reasonable effort shall be made to return the animal to its
owner or place the animal for adoption before humanely
destroying the animal. Such animal may not be disposed of by
sale or gift to a federal agency, state-supported institution,
agency of the Commonwealth, agency of another state, or a
licensed federal dealer. If the rightful owner of any animal
confined may be readily identified, the animal warden, operator
or custodian of the pound shall make a reasonable effort to
notify the owner of the animal's confinement within the next
forty-eight (48) hours following its confinement. Such
identified animal shall be held for five (5) days in addition
to the holding period described in section 4-5. The owner of
any animal or fowl so impounded may reclaim such animal or fowl
upon payment of all cost and charges incurred by the city for
impounding and maintenance of such animal or fowl.
Sec. 4-7. Disposition of impounded animals and fowl.
If the animal has not been claimed by the end of the
holding period, the animal may be humanely destroyed or
disposed of by sale or gift to a federal agency, state-
supported institution, agency of the Commonwealth, agency of
another state, or licensed federal dealer having its principal
place of business located within the Commonwealth, provided
that such agency, institution or dealer agrees to confine the
animal for an additional period of not less than five (5) days,
or by delivery to any local humane society, or to any person
who is a resident of the city or County of Fairfax, who will
pay the required license fee, if any. Any proceeds deriving
from the gift, sale, or delivery of such animals shall be
placed in the general fund of the city to defray such expenses.
ARTICLE II. DOGS
Sec. 4-8.
required.
Running at large prohibited; removal of excrement
(a) It shall be unlawful for the owner to permit the
running at large, within the city, of any dog. The owner of
each dog shall keep the same confined on his premises unless
the dog is restrained by means of a leash, cord or chain in
such a manner that other persons or animals will not be subject
to the danger of being bitten by the dog.
(b) It shall be unlawful for the owner of any dog to
fail to remove immediately the dog's excrement from a public
right-of-way or from any property other than the dog owner's
property.
Sec. 4-9. Impoundment of dogs found running at large;
redemption of impounded dogs; impounded dogs having or
suspected of having rabies; disposition of unredeemed dogs.
Any dog found running at large or not confined to its
owner's property, or without the license tag required by
section 4-10, shall be seized and impounded in the city pound
for a period of not less than five (5) days. Such period shall
commence on the day immediately following the day the dog is
initially confined to the pound, unless sooner claimed by the
owner, provided the dog is not rabid or suspected of being
rabid, and upon:
(a) Payment of the seizure fee in accordance with the
applicable City of Fairfax schedule of rates and levies;
(b) Payment of the boarding fee in accordance with the
applicable City of Fairfax schedule of rates and levies, and
1991-19
-4
(c) Presentation of a certificate from a licensed
veterinarian showing that the dog was effectively vaccinated or
inoculated against rabies, and a valid license as required by
this article.
Redemption fees shall be paid to the treasurer of the
city, and the receipt for such fees presented to the pound with
the certificate of vaccination or inoculation to request the
dog's release. The dog shall be released upon request if such
dog has not been declared by a licensed veterinarian to be
rabid, or suspected of being rabid. If rabid, or suspected of
being rabid, the dog shall not be released from the pound, but
shall be held for further observation or destroyed at the
discretion of the licensed veterinarian. Any dog not redeemed
within seven (7) days from the date of seizure may be destroyed
or disposed of as provided for in section 4-7. Any money
derived from the sale of such dogs shall be deposited in the
general fund of the city. Nothing herein shall prohibit the
destruction of a critical injured or critical ill dog for
humane purposes.
Sec. 4-10. Licenses generally.
(a) It shall be unlawful for any person to own a dog
four (4) months old or older in this city unless such dog is
licensed, as required by the provisions of this chapter. Any
dog not wearing a collar bearing a license tag of the proper
calendar year shall prima facie be deemed to be an unlicensed
dog and in any proceedings under this chapter the burden of
proof of the fact that the dog has been licensed shall be on
the owner of the dog. No license tag shall be issued for any
dog unless there is presented to the city treasurer at the time
the application is made for such license, the certificate of
rabies vaccination required in section 4-11.
(b) There is hereby provided and levied an annual tax
upon dogs within the city, four (4) months old or older,
consisting of the following fees:
Fertile females $10
Fertile males $10
Infertile or spayed females
Infertile or neutered males
$5
(1) On January 1 and not later than January 31
of each year, the owner of any dog four (4) months old or older
shall pay the license fee as provided for in this section. If
a dog becomes four (4) months of age or comes into the
possession of any person between January 1 and November 1 of
any year, the license tax for the current year shall be paid by
the owner. If a dog becomes four (4) months of age or comes
into the possession of any person between October 31 and
December 31 of any year, the license tax for the succeeding
year shall be paid by the owner and this license shall be valid
from the date the license is purchased.
(2) Any person who applies for a license tag for
a neutered or infertile dog shall present at the time of
application certification from a licensed veterinarian
attesting to the neutered or infertility of the dog. If such
certification is not presented, the dog shall be taxed the fee
levied on fertile dogs.
(3) No license tax shall be levied on any dog
that is trained and serves as a guide dog for a blind person or
that is trained and serves as a hearing dog for a deaf or
hearing impaired person. As used in this section, "hearing
dog" means a dog trained to alert its owner be touch to sounds
of danger and sounds to which the owner should respond.
1991-19 -5
(c) Upon receipt of a proper application, a current
certificate of vaccination as required by this article, and
payment of the license tax, the city treasurer shall issue a
license receipt. The treasurer shall record on the receipt,
the name and address of the owner, the date of payment, the
license year, the serial number of the tag, whether the dog is
male, unsexed female, or female. The treasurer shall also
issue a dog license tag, which tag shall bear an assigned
number, the current license year, sex of the dog, and the name
of the city.
(d) The treasurer shall place all money collected by him
for dog license taxes in the general fund of the city to be
used for the purposes required by law.
Sec. 4-11. Rabies vaccination certificate prerequisite to
issuance of dog license.
No license tag shall be issued for any dog by the city
treasurer unless there is presented to the city treasurer, at
the time the application is made for the license, a current
certificate of rabies vaccination or inoculation signed by a
licensed veterinarian and certifying that the dog for which the
license is to be issued has been vaccinated or inoculated by
such veterinarian.
The vaccine used shall be licensed by the United States
Department of Agriculture for use in that species. The
certificate shall show the date of inoculation, the type of
vaccine, the rabies tag number, the sex and breed of the dog
and the name of the owner. No certificate or affidavit other
than the above described certificate or a duplicate issued by a
licensed veterinarian shall be accepted by the city treasurer.
Sec. 4-12. Displaying receipts; dogs to wear tags.
Dog license receipts shall be carefully preserved by the
licensees and exhibited promptly on request for inspection by
any animal warden or other officer. Dog license tags shall be
securely fastened to a substantial collar by the owner and worn
by the dog. It shall be unlawful for the owner to permit any
licensed dog four (4) months old or older to run or roam at
large at anytime without a license tag. The owner of the dog
may remove the collar and license tag required by this section
when (i) the dog is engaged in lawful hunting, (ii) the dog is
competing in a dog show, (iii) the dog has a skin condition
which would be exacerbated by the wearing of a collar, (iv) the
dog is confined, or (v) the dog is under the immediate control
of its owner.
Sec. 4-13. Procedure when animal bites person.
The owner of any animal which has bitten a person or any
person having knowledge of any animal or wildlife as defined in
Title 29.1-563, of the Code of Virginia, which has bitten a
person shall immediately notify the police department. Any
person charged with the enforcement of this article shall
immediately examine such animal, and shall either order such
animal chained or confined in a strong enclosure on the owner's
premises, isolated from all other animals, for not less than
ten (10) days, or impounded in the city pound. If the owner of
such animal so desires, it may be placed in the custody of a
licensed veterinarian or a licensed veterinary hospital for a
like period. The cost of any such impoundment shall be borne
by the owner of such animal if known or applicable. Otherwise,
the cost of impoundment will be borne by the city. If after
being chained, confined or impounded for a period of at least
ten (10) days it appears that such animal is not rabid, it may
1991-19 -6
be released upon authorization of a duly licensed veterinarian
or upon authorization of any person charged with the
enforcement of this article.
Sec. 4-14. Vicious dogs.
(a) No person shall keep, in the city, a dog which is
known by such person to be vicious, which has evidenced a
disposition to attack human beings without provocation or which
is known to be destructive of property. However, such dog may
be kept where adequate provisions to protect persons and/or
property from such dog have been made.
(b) An attack by such dog upon a person conducting
himself in a lawful manner at the time of such attack, whether
such attack occurs on or off the property of the owner of such
dog, shall be deemed prima facie evidence that such adequate
provisions as mentioned in subsection (a) above were not made.
(c) If an owner is charged with a violation of this
section, the dog allegedly kept in violation thereof may be
impounded by a law enforcement officer or the animal warden
until such time as the owner thereof provides evidence that
adequate provisions have been made to protect person and/or
property from such animal, which provisions may include, but
are not limited to, securing such dog on the premises of the
owner, in a building or enclosure, and not take such dog out of
such building or enclosure unless such dog is securely muzzled
and leashed. Any dog released under such conditions shall be
kept under such restraint, and an owner failing to keep such
dog under such restraint, after release from impoundment, shall
be deemed guilty of a separate violation of this section.
ARTICLE III. RABIES CONTROL
Sec. 4-15. Animals having or suspected of having rabies.
(a) Every person having knowledge of the existence of an
animal apparently afflicted with rabies shall report
immediately to the police department or health department the
existence of such animal, the place where seen, the owner's
name, if known, and the symptoms suggesting rabies.
(b) Dogs or cats showing active signs of rabies or
suspected of having rabies shall be confined in the city pound
or other suitable place for such time as may be necessary to
determine a diagnosis. If confinement is impossible or
impracticable such dog or cat shall be euthanized.
(1) Any dog or cat, for which no proof of
current rabies vaccination is available, and which is exposed
to rabies through a bite, or saliva or central nervous system
tissue, in a fresh open wound or mucous membrane, by an animal
believed to be afflicted with rabies, shall be confined in the
city pound or other suitable place, or approved enclosure, for
a period not to exceed six (6) months at the expense of the
owner; however, if this is not feasible, the dog or cat shall
be euthanized. A rabies vaccination shall be administered
prior to release. Inactivated rabies vaccine may be
administered at the beginning of confinement.
(2) Any dog or cat so bitten, or exposed to
rabies through saliva or central nervous system tissue, in a
fresh open wound or mucous membrane with proof of a valid
rabies vaccination, shall be revaccinated immediately following
the bite and shall be confined to the premises of the owner, or
other suitable place, for a period of ninety (90) days.
m
1991-19 -7
(c) When any potentially rabid animal, other than a dog
or cat, exposes or may have exposed a person to rabies through
a bite, or through saliva or central nervous system tissue, in
a fresh open wound or mucous membrane, the animal shall be
confined in an approved manner or humanely euthanized.
Sec. 4-16. Duty of person killing animals having or suspected
of having rabies.
Any person killing any animal that is rabid or suspected
of being rabid and any person having knowledge of any animal
that had died of rabies or is suspected of having died of
rabies shall immediately notify the police department of the
location of the body of such animal. The head of any animal
killed because it is rabid or which is suspected of having died
of rabies shall be surrendered to any person charged with the
enforcement of this article.
Sec. 4-17. Rabies inoculation for dogs and domesticated cats.
(a) It shall be unlawful to keep, harbor or have in
one's custody or control a dog or domesticated cat four (4)
months old or older for longer than fourteen (14) days, unless
such dog or domesticated cat has been vaccinated with a rabies
vaccine licensed by the United States Department of
Agriculture. The person performing the vaccination shall
ensure that the expiration date for the vaccine has not passed.
(b) Rabies inoculation receipts issued by a veterinarian
at the time of vaccination, shall be preserved by the owner of
the dog or domesticated cat and exhibited for inspection upon
the request of any person charged with the enforcement of this
article.
ARTICLE IV. KEEPING OF WILD, EXOTIC OR VICIOUS ANIMALS.
Sec. 4-18. Definitions.
For purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them:
Animal shall include any live vertebrate creature,
domestic or wild, but not including birds.
Pet shall mean any animal kept for pleasure rather than
utility.
vicious animal shall mean any animal or animals that
constitute a physical threat to human beings or other animals,
but not including guard dogs.
Wild or exotic animal shall mean any live monkey
(nonhuman primate), raccoon, skunk, wolf, squirrel, fox,
leopard, panther, tiger, lion, lynx or other warm-blooded
animal, poisonous snake, constrictor snake in excess of six (6)
feet in length, tarantula, crocodile or alligator which can
normally be found in the wild state or any other member of
crocodilian, including, but not limited to, alligators,
crocodiles, caimans, and gavials. Ferrets, rabbits and
laboratory rats which have been bred in captivity and which
have never known the wild and any animal specifically trained
to assist a handicapped person shall be excluded from this
definition.
Sec. 4-19. Display or exhibition.
No person shall keep or permit to be kept on his premises
any wild, exotic or vicious animal for display or for
exhibition purposes, whether gratuitously or for a fee. This
1991-19 -8
section shall not be construed to apply to zoological parks,
performing animals, exhibitions, circuses or veterinary clinics
which are properly licensed by the federal government or
Commonwealth of Virginia. In no case, however, shall such wild
or exotic animals be exhibited or displayed in such a manner
that persons other than their handlers come in direct physical
contact with such animals.
Sec. 4-20. Keeping as a pet.
No person shall keep or permit to be kept any wild,
exotic or vicious animal as a pet.
Sec. 4-21. Notice required at place of sale.
Any person who offers for sale a wild or exotic animal as
defined in Section 4-18 of this article shall post
conspicuously at the place of sale or display the following
notice:
"No person may lawfully keep or permit to be kept in
the City of Fairfax any live monkey (nonhuman primate),
raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger,
lion, lynx or any other warm-blooded animal, poisonous snake,
constrictor snake in excess of six (6) feet in length,
tarantula, crocodile or alligator, which can normally be found
in the wild state or any other member of the crocodilian,
including but not limited to, alligators, crocodiles, caimans,
and gavials."
Sec. 4-22. Temporary permit for keeping certain wild animals.
(a) The city animal warden may issue a temporary permit
for the keeping, care and protection of injured wild animals or
infant wild animals native to this area which have been deemed
to be incapable of surviving without assistance.
(b) The animal warden shall have the power to release or
order the release of any wild animal kept under temporary
permit which is deemed capable of survival.
Sec. 4-23. Penalty.
The violation of any of the provisions of this article
shall constitute a class III misdemeanor.
Sec. 4-24. Disposal of wild or exotic animals.
Any person who keeps a wild, exotic or vicious animal in
contravention of this article may dispose of the animal by
removal of the animal from the city, by giving or selling the
animal to a zoological park or by releasing the animal to the
animal warden. The animal warden is authorized to dispose of
the animal in any way deemed appropriate by the animal warden.
ARTICLE V. ENFORCEMENT AND PENALTY
Sec. 4-25. Enforcement and penalty.
(a) Unless otherwise provided, the provisions of this
chapter shall be enforced by all law enforcement officers, the
animal wardens of the city, and any other persons designated by
law or by the city council.
(b) Every person who is in violation of any provision of
this chapter shall, unless otherwise provided herein, be guilty
of a class 4 misdemeanor and, upon conviction thereof, be
punished as provided in section 1-6.
1991-19 -9
This ordinance shall become effective as provided by law.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
Mav .28. 1991
June 11~ 199I
,June 11= 1991
ATTEST:
City/Cl~k