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2009-28ORDINANCE N0.2009-28 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF CHAPTER 6 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO ANIMALS BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article I of the Code of the City of Fairfax, Virginia, is hereby repealed, amended, and readopted in its entirety, as follows: ARTICLE I. IN GENERAL Sec.6-1. Definitions. For the purposes of this chapter, unless otherwise provided, all words or phrases used shall have the meanings respectively ascribed to them by Title 3.2 of the Code of Virginia. Sec. 6-2. Care of companion animals by owner; applicability; penalty. (a) Each owner shall have the duty to provide for each of his companion animals: (1) Adequate feed: (2) Adequate water; (3) Adequate shelter that is properly cleaned; (4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species and weight; (5) Adequate exercise; (6) Veterinary care when needed or to prevent suffering; and (7) Adequate care, treatment and transportation. (b) The provisions of this section shall also apply to every pound, animal shelter or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. Sec. 6-3. Abandonment of animal; penalty. No person shall abandon or dump any animal. Violation of tlus section is a class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to an animal shelter, pound, or other releasing agency. Sec. 6-4. Enforcement and penalty. (a) Unless otherwise provided, the provisions of this chapter shall be enforced by all law enforcement officers, the animal control officer 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 1-11. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article II, Sections 6-31 and 6-35(a)(6) of the Code of the City of Fairfax, Virginia, are hereby amended, as follows: Sec.6-31. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shall not include agricultural animals. Sec. 6-35. Disposition of impounded animals. (a)(6) Delivery, for the purposes of adoption or euthanasia only, to a :humane society or an animal shelter located in and lawfully operating under the laws of another state, provided that such humane society or animal shelter (i) maintains records which would comply with Title 3.2 of the Code of Virginia; (ii) requires that adopted dogs and cats be sterilized; and (iii) has been approved by the state veterinarian or his designee as a facility which maintains such records, requires adopted dogs and cats to be sterilized, and provides adequate care and euthanasia. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article III, Division 1 of the Code of the City of Fairfax, Virginia, is hereby repealed, amended, and readopted in its entirety, as follows: DIVISION 1. GENERALLY Sec. 6-61. Running at large; removal of excrement. (a) It shall be unlawful for an owner to permit the running at large of any dog within the city. For the purposes of this section, a dog shall be deemed to be running at large while roaming, running, or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. The owner of such dog shall keep such dog restricted to his premises unless the dog is restrained by means of a leash, cord or chain when off the owner's property 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. 6-62. Impoundment of dogs found running at large; redemption of impounded dogs; impounded dogs having or suspected of having rabies; disposition of unredeemed dogs. (a) Any dog found running at large or not confined to its owner's property, or without the license tag required by section 6-81, shall be seized and impounded in the city pound for a period of not less than five days. Such period shall commence on the day immediately following the day the dog is initially confined in the pound, unless sooner claimed by the owner, provided the dog is not rabid or suspected of being rabid, and upon: (1) Payment of the seizure fee in accordance with the applicable city schedule of rates and levies; (2) Payment of the boarding fee in accordance with the applicable city schedule of rates and levies; and (3) 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. (b) 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 if confinement is impossible or impracticable. Any dog not .redeemed within seven days from the date of seizure may be destroyed or disposed of as provided for in section 6-35. Any money derived from the sale of such dogs shall be deposited in the general fiord of the city. Nothing in this section shall prohibit the destruction of a critically injured or critically ill dog for humane purposes. Sec. 6-63. Control of vicious and dangerous dogs; penalties. Control and governance of dangerous and/or vicious dog(s), and any penalties relating thereto, shall be as in accordance with Code of Virginia, § 3.2-6540, and Title 3.2 of the Code of Virginia generally, as the same may be amended from time to time. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article III, Division 2, Section 6-83 of the Code of the City of Fairfax, Virginia, is hereby amended as follows: Sec. 6-83. Displaying receipts; dogs to wear tags. (a) Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner and worn by the dog. 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. (b) Any dog not wearing a collar bearing a valid license tag shall prima facie be deemed to be unlicensed, and in any proceeding under this chapter the burden of proof of the fact that such dog has been licensed, or is otherwise not required to bear a tag at the time, shall be on the owner of the dog. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article IV, Section 6-112(c) is hereby amended to remove the reference therein to Code of Virginia § 3.1-796.96 and replacing it with Code of Virginia ~ 3.2-6546. This ordinance shall become effective as provided by law. INTRODUCED: October 27, 2009 PUBLIC HEARING: November 10, 2009 ENACTED: November 10, 2009 ayor 1i ate ATTEST: City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye