19850611 1985-16ORDINANCE NO. 1985-16
AN ORDINANCE ADDING ARTICLE IV, KEEPING OF WILD, EXOTIC
OR VICIOUS ANIMALS PROHIBITED, SECTIONS 4-21 THROUGH
SECTION 4-29 TO THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 4, Animals and Fowl, of the Code of the
City of Fairfax be amended by adding Article IV, Keeping of Wild,
Exotic or Vicious Animals Prohibited, Sections 4-21 through
Section 4-29, which shall read in its entirety as follows:
"ARTICLE IV
Keeping of Wild, Exotic or Vicious Animals Prohibited.
Sec. 4-21. Definitions.
(a) For the purposes of this Article, the follow-
ing words and phrases shall have the meanings respec-
tively ascribed to them:
(1) Animal shall include any live vertebrate
creature, domestic or wild, but not including birds.
(2) Pet shall mean any animal kept for plea-
sure rather than--~tility.
(3) Vicious animal shall mean any animal or
animals that constitute a physical threat to human
beings or other animals, but not including guard dogs.
(4) Wild or exotic animal shall mean any
live monkey (non-human 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 feet in length,
tarantula, crocodile or alligator which can normally be
found in the wild state or any other member of croco-
dilian, including, but not limited to, aligators,
crocodiles, caimans and gavials. Ferrets, rabbits and
laboratory rats which have been bred in captivity and
which have never known the wild shall be excluded from
this definition.
Sec. 4-22. 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 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. 4-23. Keeping as a Pet.
No person shall keep or permit to be kept any
wild, exotic or vicious animal as a pet.
Sec. 4-24. Notice Required at Place of Sale.
Any person who offers for sale a wild or exotic
animal as defined by section 4-21 of this Article shall
post conspicuously at the place of sale or display the
following notice:
1985-16
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"No person may lawfully keep or permit to be
kept in the City of Fairfax any live monkey
(non-human 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 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. 4-25. 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. 4-26. Penalty.
The violation of any of the provisions of this
Article shall constitute a Class III misdemeanor.
Sec. 4-27. Enforcement.
The provisions of Article IV shall be enforced by
the Animal Warden or any other person duly designated
by the City Council.
Sec. 4-28. 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 of
Fairfax 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.
Sec. 4-28. Effective Date.
The provision of this Article shall take effect
immediately; provided that any person currently keeping
any wild or exotic animal in the City of Fairfax shall
dispose of same within one year of the date of adop-
tion, and provided further that such wild or exotic
animals shall be registered with the Animal Warden
within sixty days from the date of adoption."
This ordinance shall become effective in accordance with its
immediately upon its adoption.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
__~..a 8, .$9 8 ~
June 11, 1985
June 11, 1985