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2014-32 ORDINANCE NO. 2014-32 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I, OF THE CODE OF THE CITY OF FAIRFAX,VIRGINIA, PERTAINING TO THE CARE OF COMPANION ANIMALS. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article I, Section 6-2, of the Code of the City of Fairfax, Virginia, is hereby amended to delete, from the title of that section, the word "penalty" at the end of the title. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article I, Sections 6-3 and 6-4, of the Code of the City of Fairfax, Virginia, are hereby renumbered, without further amendment, as Sections 6-4 and 6-5, respectively. BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 6, Article I, is hereby amended to add a new Section 6-3, to read in its entirety as follows: "Sec. 6-3. —Tethering, tying, or chaining of companion animals. (1) No person shall tie, fasten, chain, restrain or tether a companion animal to any fixed or stationary object, device or structure, or to any other object designed to confine and limit the movement of the companion animal, for a period in excess of one (1) cumulative hour in any one day between the hours of 7:00 a.m. and 10:00 p.m. (2) In addition to the foregoing limitation, no tying, fastening, chaining, restraining or tethering, as set forth in subsection (1) of this section, shall be permissible: a. Between the hours of 10:00 p.m. and 7:00 a.m.; b. With regard to any animal that is sick or injured; c. With regard to any animal that is under four(4) months of age; d. When the ambient air temperature exceeds ninety (90) degrees Fahrenheit or is at or below thirty-two (32) degrees Fahrenheit in the immediate vicinity of the tying, fastening, chaining, restraining or tethering of the animal. Any person who violates this section shall be subject to a civil penalty of fifty dollars ($50.00), which shall not be suspended in whole or in part; however, any person found guilty of a violation of this section for a second or subsequent time (regardless of whether or not the companion animal is the same animal for each violation) shall be subject to a civil penalty of up to $250 for each additional violation." This ordinance shall become effective as provided by law. Introduced: November 18, 2014 City Council hearing: December 9, 2014 Adopted: December 9, 2014 Mayor ►� izAA Date ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Nay Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye