2019-12ORDINANCE NO.2019-12
AN ORDINANCE AMENDING CHAPTER 6 (ANIMALS) OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA, TO ADD THERETO A NEW ARTICLE VI, PERTAINING TO
PET SHOPS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6 of the Code
of the City of Fairfax, Virginia, be and the same is amended to add thereto a new Article VI, to read
in its entirety as follows:
"ARTICLE VI. — PET SHOPS
Sec. 6-150. — Permit required; penalty; annual license tax.
(a) Each person operating a "pet shop" (as such term is defined in Section 3.2-6500 of the
Code of Virginia), shall, prior to commencing business operations, obtain a permit, in the
form of a license, from the police department. This requirement shall be in addition to
any applicable requirements under the zoning ordinance.
(b) The licensee shall maintain such license at all times during business operations. It shall
be unlawful for any person to operate without the required license. Such license shall
expire at the end of each calendar year, unless otherwise noted on the license, or unless
sooner revoked as provided in this article and the licensee shall be responsible for timely
applying for any renewal.
(c) It shall be a Class 3 misdemeanor for a pet shop to operate without a license in violation
of this section.
(d) An annual license tax in the nonrefundable amount of $50.00 is hereby imposed on pet
shops, commencing on January 1, 2020. The license tax shall not be prorated for any
partial year of issuance. The revenues derived from this license tax shall be utilized for
the administration and enforcement of the provisions of this article.
Sec. 6-151. — Required examinations; signage; record -keeping.
(a) Any pet shop must provide weekly exams/health checks for all "companion animals" (as
such term is defined in Section 3.2-6500 of the Code of Virginia) on premises by a
licensed veterinarian. Further, pet shops must document the disposition of every
companion animal in its care. A licensed veterinarian must provide a cause of death
record for any companion animal that dies while in the care of the pet shop. In addition,
pet shops must document detailed reason(s) for the return of any companion animal
when a medical issue is the stated cause, together with the course of action taken by the
pet shop upon the companion animal being returned.
(b) Any pet shop that sells companion animals shall place a clear and conspicuous sign near
the cages in the public sales area (to the extent applicable) stating "USDA APHIS
Inspection Reports Available Prior to Purchase." The sign shall be no smaller than eight
and one-half (8: i) inches high by eleven (11) inches wide, and the print shall be no
smaller than one-half inch. In addition to the foregoing signage, if companion animals
being sold at the pet shop have been sourced from a breeder that has been in violation of
USDA inspections at any time within the past five calendar years, the pet shop must also
post a sign, with similar specifications, stating that "[name of breeder] has been cited for
violation of USDA standards for the following reasons on [date]: [specify reasons]."
For dogs and cats, the breeder's name, city, state and USDA license number must be
posted on or near the cages.
(c) Any pet shop that sells dogs and/or cats shall maintain for each dog and cat in its
possession a written record that includes the following information:
(1) The breed, age, and date of birth of the dog or cat, if known;
(2) The sex, color, and any identifying marks of the dog or cat;
(3) Any additional identifying information, including a tag, tattoo, collar number, or
microchip;
(4) Documentation of all inoculations, worming treatments, and other medical
treatments, if known, including the date of the medical treatment, the diagnosis, and
the name and title of the treatment provider;
(5) For a dog or cat obtained from a breeder or dealer: (i) the state in which the
breeder, and if applicable, the dealer are located; (ii) the U.S. Department of
Agriculture license number of the breeder and, if applicable; (iii) the dealer; the final
inspection reports for the breeder and, if applicable, the dealer, issued by the U.S.
Department of Agriculture from the two years immediately before the date the pet
store received the dog or cat; and (iv) the facility where the dog or cat was bom and
the transporter or carver of the dog or cat, if any;
(5) For a dog or cat obtained from a public animal shelter, the name of the shelter;
and
(7) For a dog or cat obtained from a private animal shelter or humane society, the
name of the shelter or organization and the locality in which it is located.
(d) Any pet shop subject to the provisions of this article shall maintain a copy of the written
record required by subsections (a) or (c) for at least two (2) years after the date of sale of
the companion animal and shall make such record available to the Office of the State
Veterinarian upon reasonable notice, to any bona fide prospective purchaser upon
request, and to the purchaser at the time of sale. Any such pet shop shall transmit the
information required by subdivisions (c)(S), (b), and (7) to the local animal control
officer upon request.
Sec. 6-152. — Procedure for issuance of license; public hearing required; denial and revocation
of license.
(a) Prior to issuing or renewing a license for a pet shop, the police department shall: (1)
inspect the proposed or actual premises of the pet shop to determine compliance with this
article and general standards applicable to pet shops and the care of companion animals
in the Code of Virginia and otherwise applicable law and regulations; (2) determine that
the applicant has a valid sales tax permit and is in good standing with the Virginia
Department of Taxation; (3) confirm that the applicant has never been convicted of a
violation related to the treatment of animals under any state or local law.
(b) A public hearing shall be held prior to the issuance of a license for any pet shop
commencing business following the effective date of this ordinance, at a location and
time selected by the city, and also prior to the revocation or denial of the renewal of a
license under this article. The applicant and any other interested person(s) shall be given
an opportunity to appear and be heard at any such hearing.
(c) Pet shops shall be inspected at least twice annually by the police department, but more
often if so determined by the police department, to ensure compliance with this article,
standards applicable to pet shops under the Code of Virginia and other applicable laws
and regulations, and to ensure the humane treatment of the animals. Pet shops which are
required by law to make inspection reports from the USDA available for consumers and
animal control officers shall be inspected at least twice per calendar year by the police
department, but more often if so determined by the police department. Any inspections
required under this article, or otherwise conducted by the police department, may be with
or without prior notice, at any time the pet shop is open to the public, and may include
inspection of all interior and exterior areas of the pet shop, including any
refrigerator,'freezer, storage areas, trash receptacles and dumpsters.
(d) The police department shall deny issuance of a license to a pet shop for fraudulent
practices or the inhumane treatment of animals, including but not limited to: (1)
providing false or misleading statements on the license application; (2) violating
applicable laws or regulations related to the humane treatment of animals.
(e) The police department shall deny renewal of, or revoke, a license to a pet shop for
fraudulent practices or the inhumane treatment of animals, including but not limited to:
(1) failing to comply with the recordkeeping and disclosure requirements in this article;
(2) providing false or misleading statements about the source of companion animals
acquired or sold by the pet shop; (3) providing false or misleading information to the
public related to the companion animals being sold by the pet shop; or (4) violating
standards applicable to pet shops under the Code of Virginia or other applicable laws or
regulations related to the humane treatment of animals.
(f) A pet shop licensed under this section may request a hearing with the City Manager or
his designee in the event a license is revoked or license renewal is denied."
This Ordinance shall become effective as provided by law.
INTRODUCED: October I5, 2019
PUBLIC HEARING: October 29, 2019
ADOPTED: October 29, 2019
ATTEST:
4City Clerk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Absent
Mayor
T & zo
Date