20021210 2002-19ORDINANCE NO. 2002- 19
AN ORDINANCE AMENDING DIVISION 1, ARTICLE III, CHAPTER 6,
SECTION 6-63, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
PERTAINING TO VICIOUS AND DANGEROUS DOGS.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Division 1, Article
III, Chapter 6, Section 6-63, of the Code of the City of Fairfax, Virginia, is hereby amended to
read in its entirety as follows:
ARTICLE III.
Division 1.
Sec. 6-63.
Vicious and Dangerous Dogs.
(a) Any animal control officer who has reason to believe that a canine or canine
crossbreed within the city is a dangerous dog or vicious dog shall apply to a magistrate for the
issuance of a summons requiring the owner or custodian, if known, to appear before the
general district court at a specified time. The summons shall advise the owner of the nature of
the proceeding and the matters at issue. The animal control officer shall confine the animal
until such time as evidence shall be heard and a verdict rendered. If the animal control officer
determines that the owner or custodian can confine the animal in a manner that protects the
public safety, he may permit the owner or custodian to confine the animal until such time as
evidence shall be heard and a verdict rendered. The court, through its contempt powers, may
compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing
the evidence, the court finds that the animal is a dangerous dog, the court shall order the
animal's owner to comply with the provisions of the ordinance. If, after hearing the evidence,
the court finds that the animal is a vicious dog, the court shall order the animal euthanized in
accordance with the provisions of § 3.1-796.119 of the Code of Virginia (1950).
(b) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog
solely because it is a particular breed, nor shall the ownership of a particular breed of canine
or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious
dog if the threat, injury or damage was sustained by a person who was (i) committing, at the
time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing,
at the time, a willful trespass or other tort upon the premises occupied by the animal's owner
or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown
to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No
police dog which was engaged in the performance of its duties as such at the time of the acts
complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the
time of the acts complained of, was responding to pain or injury, or was protecting itself, its
kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or
a vicious dog.
(c) The owner of any animal found to be a dangerous dog shall, within ten days of such
finding, obtain a dangerous dog registration certificate from the animal control officer for a
fee of fifty dollars in addition to other fees that may be authorized by law. The animal control
officer shall also provide the owner with a uniformly designed tag which identifies the animal
as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the
animal wears the collar and tag at all times. All certificates obtained pursuant to this
subdivision shall be renewed annually for the same fee and in the same manner as the initial
certificate was obtained.
(d) All certificates or renewals thereof required to be obtained under this section shall
only be issued to persons eighteen years of age or older who present satisfactory evidence (i)
of the animal's current rabies vaccination, if applicable; (ii) that the owner has liability
insurance coverage to the value of at least fifty thousand dollars ($50,000.00), that covers
animal bites; and (iii) that the animal is and will be confined in a proper enclosure or is and
will be confined inside the owner's residence or is and will be muzzled and confined in the
owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who
apply for certificates or renewals thereof under this section shall not be issued a certificate or
renewal thereof unless they present satisfactory evidence that (i) their residence is and will
continue to be posted with clearly visible signs warning both minors and adults of the
presence of a dangerous dog on the property and (ii) the animal has been permanently
identified by means of a tattoo on the inside thigh or by electronic implantation.
(e) While on the property of its owner, an animal found to be a dangerous dog shall be
confined indoors or in a securely enclosed and locked structure of sufficient height and design
to prevent its escape or direct contact with or entry by minors, adults, or other animals. The
structure shall be designed to provide the animal with shelter from the elements of nature.
When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash
and muzzled in such a manner as not to cause injury to the animal or interfere with the
animal's vision or respiration, but so as to prevent it from biting a person or another animal.
(f) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent
or legal guardian shall be responsible for complying with all requirements of this section.
(g) After an animal has been found to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the animal control authority if the animal (i) is
loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or
dies; or (iv) has been moved to a different address.
(h) The owner of any animal which has been found to be a dangerous dog who willfully
fails to comply with the requirements of the ordinance shall be guilty of a Class 1
misdemeanor.
(i) All fees collected pursuant to the ordinance, less the costs incurred by the animal
control authority in producing and distributing the certificates and tags required by the
ordinance, shall be paid into a special dedicated fund in the treasury of the city for the purpose
of paying the expenses of any training course required under § 3.1-796.104:1 of the Code of
Virginia (1950).
BE IT FURTHER ORDAINED that this ordinance shall become effective on adoption
as provided by law.
INTRODUCED: November 12, 2002
PUBLIC HEARING: December 10, 2002
ENACTED: December 10, 2002
ATTEST:
--~¥ C~k
Mayor
D6te
The vote to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilwoman Winter
Vote
Aye
Absent
Aye
Aye
Aye
Aye