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19660301 1996-3Ordinance No. 1966-3 PROPOSED AMENDMENTS TO THE DOG AND RABIES CONTROL ORDINANCE Sec. 5.2. Delete Present Section and Insert: Sec. 5.2. Any dog running at large or not confined to its owner's or custodian's premises shall be seized and impounded in the City Pound for not more than five days. Any dog so seized and impounded, and not rabid or suspected of being rabid, may be redeemed by the owner at any time within five days after impoundment upon: (a) Payment of a five dollar ($5.00) fee; and (b) Payment of a boarding fee of one dollar and fifty cents ($1.50) per day; and (c) Presentation of a certificate from a licensed vet- erinarian showing that the dog has been effectively vaccinated or inoculated against rabies. These redemption fees shall be paid to the Treasurer of the City of Fairfax, and the receipt for said fees presented at the Pound for the dog's release; provided, however, that in the meantime, 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 a licensed veterinarian after due consideration of the facts in the case. Any dogs which are not redeemed within five days from the date of their seizure shall be destroyed or sold, and the money de- rived from the sale of such dogs shall be deposited in the General Fund of the City. The provisions of this ordinance shall be enforced by all police officers of the City, the animal warden or animal wardens of said City, the health officers and sanitation officers, and any other persons particularly designated by the City Council to enforce the same. 5.7. Delete Present Section and Insert: Sec. 5.7. The licensed veterinarian to whom any dog is delivered - 2 - pursuant to this ordinance is hereby authorized in his discretion to vaccinate the same for rabies or render other reasonable emergency treatment to such dog and to charge the owner a reasonable fee therefor. Add the Following New Sections: Sec. 5.9 through Sec. 5.13 Sec. 5.9. The owner shall confine within a building or secure enclosure, every vicious dog and not take such dog out of such building or enclosure unless such dog is securely muzzled and leashed. The building or enclosure shall be such that it cannot be opened from the outside by unauthorized persons. The owner of a vicious dog, not controlled or confined as required by this section, shall be deemed in violation of this ordinance. Sec. 5.10. For purposes of this ordinance, a "vicious" dog is defined as a dog which has attacked a person without adequate provocation or justification. Justification includes the customary warning and protective functions of a watchdog. Sec. 5.11. In its discretion, the Court may order any vicious dog or alleged vicious dog impounded with a veterinarian, dog trainer or other person qualified by experience with dogs, to observe the dog and report to the Court his findings as to vicious- ness, amenability to training, and such other matters as are in issue. The Court may assess the cost of said services or a part thereof against the owner of such dog. Sec. 5.12. Upon proof satisfactory to the Court of a vicious dog not controlled as confined in accordance with this ordinance, the Court may, in addition to finding the owner quilty of a violation hereof, order such dog (1) released to its owner on such terms and conditions as the Court may prescribe, (2) out of the City, (3) de- stroyed, or (4) otherwise treated and controlled. The Court may make other appropriate orders to the owner. Sec. 5.13. Any person violating or causing a violation of any provision of this ordinance or any order issued by the Court -3- pursuant hereto, shall be guilth of a misdemeanor and upon conviction thereof, shall be punished according to law. Adopted March l, 1966 Mayor Clerk