§ 78-2. Dogs and cats., Chapter 78. Animals, Part II. General Legislation, Code of Ordinances, Fairfax

Running at large.

(1)

Running at large prohibited. It shall be unlawful for any person who owns, harbors, or keeps a dog or cat, or the parents or the guardians of any such person under 18 years of age, to negligently or intentionally permit or fail to prevent the animal from running at large. Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited."

(2)

On premises running at large prevention measures required. An owner of a dog or cat, as classified under § 78-2A(3) below, is required to take effective measures to keep their dog or cat on premises to prevent running at large. Acceptable effective measures are tethering, fencing, and electronic methods.

(a)

Tethering is through physical restraint by a cord, chain, rope, or other material properly anchored. The tethering material must be of a design which will not be broken by the dog or cat when attempting to run at large and must be kept in good repair. The length of the tethering must keep the dog or cat on premises at all times. The anchor for the tethering material must be sufficient in strength to prevent the dog or cat from dislodging or breaking it when attempting to run at large and must be kept in good repair.

(b)

Fencing must be constructed in such a manner as to conform to all zoning and building codes as well as prevent the dog or cat from escaping to run at large.

(c)

Electronic methods typically refer to an "Invisible fence" system. Invisible fence systems generally employ an underground electrical wiring system which responds to a collar on the dog or cat. All such systems shall observe a two-foot setback from the property lines. Installation into the public right of way or other public property is prohibited. Property owners with Invisible fence systems or other electronic methods not visible by an observer (as opposed to the visible restrictions of tethering or physical fencing) are required to post signage to inform passers-by such a system exists.

(3)

Owners of dogs or cats affected by § 78-2A(2). The provisions of § 78-2A(2) shall apply to the following owners of a dog or cat:

(a)

Dogs or cats known to run at large by any previous running at large infraction at any time. A "previous running at large infraction" shall be defined as any incident of running at large reported to and documented by law enforcement.

(b)

Dogs or cats with potential to run at large. This is defined as easily distracted by other animals, humans, or any other circumstance in which the dog or cat is caused to disengage from the owner and go towards the distraction, in a threatening or nonthreatening manner of any sort, and requires the owner to regain control of the dog or cat, even if the dog or cat remains on premises during the event.

License required.

(1)

All dogs over the age of six months kept, harbored, or maintained by their owners in the City, shall be licensed and registered with the City. Dog licenses shall be issued by the Clerk-Treasurer upon payment of the license fee. The owner shall state, at the time application is made for the license and upon forms provided for such purpose, his or her name and address and the name, breed, color, and sex of each dog owned or kept by him or her. No license shall be granted for a dog which has not been vaccinated against distemper and rabies, as provided in this section. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application. Each dog application shall also be accompanied by proof that the applicant has at least $50,000 in homeowner's, renters, or occupant liability insurance coverage.

[Amended 9-11-2018 by Ord. No. 417]

(2)

It shall be the duty of each owner of a dog subject to this section to pay to the Clerk-Treasurer the license fee as imposed by the Council by resolution.

(3)

Upon payment of the license fee, the Clerk-Treasurer shall issue to the owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the year for which it is issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the Clerk-Treasurer. A charge of $2 shall be made for each duplicate tag. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee or tag because of death of a dog or the owner's leaving the City before the expiration of the license period.

(4)

The licensing provisions of this subsection shall not apply to dogs whose owners are nonresidents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show, nor shall this provision apply to seeing eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place.

(5)

The funds received by the Clerk-Treasurer from all dog licenses and metallic tags fees shall first be used to defray any costs incidental to the enforcement of this section, including, but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs.

Cats shall be included as controlled by this subsection insofar as running at large, pickup, impounding, boarding, licensing and proof of antirabies vaccine is concerned. All other provisions of this section shall also apply to cats unless otherwise provided.

Vaccination.

(1)

All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three years by a licensed veterinarian for:

(a)

Rabies: with a live modified vaccine; and

(b)

Distemper.

(2)

A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the Clerk-Treasurer or a police officer, the owner shall present for examination the required certificate(s) of vaccination for the animal(s). In cases where certificates are not presented, the owner or keeper of the animal(s) shall have seven days in which to present the certificate(s) to the Clerk-Treasurer or police officer. Failure to do so shall be deemed a violation of this section.