Sheriff's Office Offices

Sheriff Charlie Ray Fox, Jr.



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Animal Control

Fauquier County Animal Control

The Animal Control Division is now staffed by three full time deputies to provide coverage for calls regarding animal problems throughout Fauquier County. These include domestic and sometimes wild and exotic animals. Animal Control responds to calls involving owned, stray, injured, at-large, and neglected animals. Animal Control also handles bite reports, license violations, humane investigations and other animal-related calls. Animal Control also assists the other divisions of the Sheriff’s Office and outside agencies. Animal control is open seven days a week from 8:00 AM to 8:00 PM. After hour responses will be for emergencies only.


Contact Information

Mailing address:
78 West Lee Street
Warrenton, VA 20186
Phone: 540-422-8750
Fax: 540-422-8606
After Hours and Emergency: 540-347-3300

Deputy Lane Phillippe
Phone: 540-422-8752
E-Mail: lane.phillippe@fauquiercounty.gov


Please ID Your Pet

Every year thousands of pets are lost, most of them do not have ID and are never reunited with their family. A simple collar with your name and phone number on it, an ID tag with name and number, a rabies tag (required by law) or county tag (required by law for all dogs over four month old) attached to a collar will make it easier for your pet’s safe return to you. Any pet taken to the shelter and not claimed by its owner is put up for adoption or euthanized to make room for other animals that are taken to the shelter. Cats should also be tagged, not just dogs.

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Frequently Asked Questions

Is there a county leash law?

The county has a Running at Large Prohibited Ordinance which states:
It shall be unlawful for any owner or custodian of a dog to permit the same to run at large at anytime within this county. For the purpose of this section, a dog shall be deemed running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner or custodian's immediate control. Any person who permits his dog or dogs to run at large shall be deemed to have violated the provisions of this section and shall be liable upon conviction of a first offense to a fine of not more than one hundred dollars ($100.00). Each second and subsequent conviction for violating this section shall be punishable by a fine of up to but not more than two hundred fifty dollars ($250.00) or imprisonment for a term not to exceed five (5) days, or both by such fine and imprisonment.
For more information concerning animals, go to Fauquier County Code of Ordinances and click on "Chapter 4 ANIMALS AND FOWL".

For more information on The Town of Warrenton Code of Ordinances concerning animals go to http://www.municode.com/resources/gateway.asp?pid=11524&sid=46 and click on the link for Warrenton Town Code On-Line, then "Chapter 3 ANIMALS AND FOWL".

For more information on the Comprehensive Animal Laws of Virginia go to The Virginia Federation of Humane Societies at http://www.vfhs.org/laws-and-issues/animal-law-book.html

-Do I need to vaccinate my animals?

YES
It shall be unlawful for any person to own, keep or harbor any dog or domesticated cat over four (4) months old within the county unless such dog or domesticated cat has been vaccinated with a species-appropriate vaccine licensed by the United States Department of Agriculture and administered by a licensed veterinarian, and has received any required revaccination against rabies as specified in the certificate of vaccination.

-Do I need a dog license?

YES
It shall be unlawful for any person to own a dog of any sex, four (4) months or more of age, in the county, unless an annual license tax, in the amount of two dollars ($2.00) for spayed or neutered dogs, or ten dollars ($10.00) for unspayed or unneutered dogs, or a triennial license tax in the amount of five dollars ($5.00) for spayed or neutered dogs, or twenty-five dollars ($25.00) for unspayed or unneutered dogs, has been paid for each dog at the office of the treasurer or his designated agent. Any violation of the provisions of this subsection shall be punishable as provided in section 4-28.

-Where do I buy a county dog license?

You purchase county dog license from the office of the treasurer located at 40 Culpeper Street in the town of Warrenton. For more information on purchasing county dog license, go to http://www.fauquiercounty.gov/government/departments/treasurer/index.cfm?action=dogtag-faqs

I’ve found an injured animal, what should I do?

If you find an injured animal use extreme caution if you approach it, several animals will become aggressive when injured. Contact the Emergency Dispatch Center at (540) 347-3300, they will notify us and we will respond.

There is a dog locked in a vehicle, what should I do?

It is dangerous for animals to be locked in a vehicle during extreme weather conditions like hot summer days and cold winter nights. If you see an animal in a vehicle and the vehicle is not running and the windows are up contact the Emergency Dispatch Center at (540) 347-3300, they will notify us and we will respond.

-I’ve lost my pet, what can I do?

After you have checked your neighborhood contact your local shelters to see if your pet has been taken there. File a lost report with the shelter. Contact animal control and file a lost report or file a lost report online.

For more information on shelters in Fauquier County visit: Fauquier S.P.C.A. at http://www.fauquierspca.com/Lost_and_Found.html
Middleburg Humane Foundation at http://mysite.verizon.net/bizqmjr1/index.html

- I was bitten by an animal, what do I need to do?

If bitten by a wild or stray animal or a pet that is acting strangely, wash the wound immediately and thoroughly with soap and water--preferably soaking the affected area for 10 minutes--and apply antiseptic, seek medical attention and report the incident to Animal Control. The hospital will file a bite report with Animal Control if you are treated there.

If someone is bitten by a wild animal or any animal for which the owner is unknown, make a reasonable attempt to confine the animal. If confinement is not safely possible, try to watch the animal until Animal Control arrives. Notify Animal Control immediately so the animal can be captured for necessary rabies observation or testing. Contact the Emergency Dispatch Center at (540) 347-3300, they will notify us and we will respond.

If someone is bitten by an animal which is a pet, notify the owner and ask that the animal be confined. If confinement is not safely possible, try to watch the animal until Animal Control arrives. Notify Animal Control immediately so the animal can be captured for necessary rabies observation or testing. Contact the Emergency Dispatch Center at (540) 347-3300, they will notify us and we will respond.

-My neighbor’s dog barks all night long, what can I do?

The county has a noise ordinance which states: Noisy animals.
Owning, keeping, possessing or harboring any animal or animals which frequently or habitually howl, bark, meow, squawk or make such other noise as is plainly audible across property boundaries or through partitions common to two (2) persons within a building shall be unlawful.

If you have a problem with a barking dog contact the Fauquier County Sheriff’s Office at (540) 347-3300.

- Someone is mistreating or neglecting an animal, what can be done?

It is illegal for anyone to mistreat or neglect an animal. Every animal owner must provide food, water and shelter for their animals. Anyone not providing care for their animals can be charged with cruelty to animals.

If you know of an animal being mistreated or neglected, contact Animal Control at 540-422-8750. You do not have to give your name unless you wish to be contacted. All reports will be investigated by this office or turned over to a humane investigator. To read more on the cruelty to animals code, go to legal aspects of animal ownership.

-There is a dead animal on the side of the road, who can I call?

This office does not pick up dead animals on the road or in your yard. Dead animals in your yard are your responsibility. Dead animals on the road are handled by VDOT or if in the town of Warrenton, by public works. To contact VDOT call (540) 347-3017, to contact public works call (540) 347-1858.

-There is a dead crow in my yard, does it have West Nile?

It is possible that the crow died from West Nile Virus, however, this office does not remove the animal. Contact the local environmental health services at (540) 347-6363 or go to http://www.vdh.virginia.gov/Epidemiology/DEE/Vectorborne/WestNile/ for more information on West Nile Virus.

-There is a snake in my yard, help?

We do not remove snakes from the yard or crawl space under your house. For snakes in your crawl space, attic or out buildings contact a pest control company listed in the phone book. For snakes in your residence, contact the Emergency Dispatch Center at (540) 347-3300, they will notify us and we will respond.

For more help on identifying snakes visit: The Virginia Herpetological Society at http://www.virginiaherpetologicalsociety.com/reptiles/snakes/snakes_of_virginia.htm or http://www.dgif.virginia.gov/wildlife/information/?t=3


-There’s a bear in my yard, what do I do?

If you have a problem with wild animal, you can call the state game warden at (540) 899-4169. The sheriff’s office is not equipped to handle large animals such as bears, adult deer or mountain lions. If there is an emergency situation that involves sick or injured wildlife or public safety is at risk, contact the emergency dispatch center at (540) 347-3300, they will notify us and we will respond. Do not approach injured wildlife.

Most of the time bear, raccoon and other wild animals are looking for food. Remove any bird feeders for a while, secure lids on trash cans and do not leave pet food outside. If you have wildlife, such as groundhogs, under out buildings or under your deck, try putting ammonia on a few rags and place them around the area, most wildlife do not like the smell and they will usually leave.
If you still have problems with smaller animals such as raccoon and opossum, we have live traps available to trap and relocate the animals.

For more information on State Game Warden visit: The Department of Game and Inland Fisheries at http://www.dgif.state.va.us




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RABIES INFORMATION

-There’s a fox in my yard, is it rabid?

Not all wildlife you see during the day is rabid. Due to the growth in the county, wildlife is loosing their homes and are adapting to humans. The most commonly infected wild animals are foxes, raccoons, skunks and bats. Among domestic animals, cats are most likely to become infected because of their nocturnal roaming and the fact that most cats do not receive rabies immunization. Dogs are also susceptible to rabies.
Everyone should learn to recognize rabid animal behavior, to protect themselves and to have their pets inoculated against the disease. Humans are susceptible to the disease through animal bites or other contact with a rabid animal's saliva through a break in the skin.

Indications of Rabies

Rabies is caused by a virus that attacks the spinal cord and brain in warm blooded animals. Animals with rabies can survive for up to six months in an infected state and can endanger other animals. During the infectious stage, the rabies virus is present in the animal's saliva and can be transmitted through any open wound in the skin or in the membranes in the eyes, nose or mouth. Once clinical signs--or overt symptoms--appear the animal will die within a week. A pet, when bitten by a rabid animal, may develop symptoms within two to 24 weeks, but the usual period is within three to eight weeks. Initially, the pet would show abrupt changes in behavior, such as increased anxiety, depression, irritability or even more displays of affection than usual. In the most common form of rabies, clinical symptoms include convulsions, muscular incoordination, extreme irritability, frenzied behavior and foaming at the mouth. In a less common form, the animal becomes depressed and may hide. Finally, the animal develops paralysis of the jaw, followed by general paralysis and death. Once clinical symptoms appear, there is no cure for rabies.

Precautions to Take
  • Admire nature from a distance. As the County has grown, wildlife habitat has become residential areas. Even healthy wildlife can become aggressive and attack either pets or humans during breeding, nesting and denning seasons.
  • Parents should warn their children of the dangers of approaching wildlife of any kind and should take precautions to protect small children from any contact with wild animals.
  • Make sure they are encouraged to report any potentially infectious contact they may have with animals.
  • Be wary of any domestic or wild animals displaying unusual or suspect behavior. Report animals acting strangely or altercations between animals to the Fauquier County Animal Control at (540) 347-6862. After hours and on weekends call (540) 347-3300.
  • If bitten by a wild or stray animal or a pet that is acting strangely, wash the wound immediately and thoroughly with soap and water--preferably soaking the affected area for 10 minutes--and apply antiseptic, seek medical attention and report the incident to Animal Control.
  • If someone is bitten by a wild animal or any animal for which the owner is unknown, make a reasonable attempt to confine the animal. If confinement is not safely possible, try to watch the animal until Animal Control arrives. Notify Animal Control immediately so the animal can be captured for necessary rabies tests. If after hours, contact the Emergency Dispatch Center at (540) 347-3300.
  • Minimize contact between domestic and wild animals. Pet owners can take precautions such as having pets sleep indoors, walking pets on a leash and feeding cats and dogs inside.
  • If a cat, dog or other mammal is bitten by or exposed to a potentially rabid animal, contact Animal Control, and the Health Department, (540) 347-6363, for follow-up and information.
  • Prevent contact with wild or stray animals by keeping trash in closed trash cans and sealing off openings into your house that might provide entry for wildlife, including open areas under decks and houses, chimneys and pet doors. Do not feed stray animals.
  • Don't keep wild animals as pets. Even a baby skunk or raccoon born in captivity can be a rabies carrier.
Last but not least, have your pets inoculated against rabies. Both state law and County ordinance require that dogs and cats four months of age and older be inoculated. Inoculation against rabies is not a one-time shot. The vaccine must be administered every one or three years, depending on the vaccine used and the age of the animal.

For more information on rabies visit:
The Center for Disease Control and Prevention at http://www.cdc.gov/ncidod/dvrd/rabies/
The U. S. Food and Drug Administration at http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm049182.htm

Is there a permit requirement for pet shops or dealers in companion animals?

Yes, Sec. 4-36. of the Fauquier County Code requires that all pet shops and dealers in companion animals obtain a permit issued by the animal warden. The permit must be obtained on an annual basis no later than January 31 of each year. The fee for the permit and renewals is fifty dollars ($50.00) per year. It is illegal to sell, transfer, exchange or barter companion animals without a permit. It is a class 3 misdemeanor to operate a pet shop or be a dealer of companion animals without first obtaining a permit.

To obtain a pet shop or companion animal dealer permit application, contact the animal warden or on-line.

If I have two dogs that both have a litter of puppies within the same year, am I considered a dealer in companion animals and is a permit required?

Yes, anyone who sells, transfers, exchanges or barters more than one litter from one companion animal in a year is deemed a dealer in companion animals.
To obtain a pet shop or companion animal dealer permit application, contact the animal warden or on-line.

What animals are considered companion animals for the dealer permit requirement?

Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals are not considered companion animals. Agricultural animals means livestock and poultry which includes: all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in § 3.1-73.6 of the Code of Virginia; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, and all domestic fowl and game birds raised in captivity.

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Some Legal Aspects of Animal Ownership

Ownership of animals comes with certain responsibilities: (The following is from the Fauquier County Code of Ordinances and the Virginia Comprehensive Animal Laws)

- Sec. 4-1. Definitions.
o Animal shall include any live vertebrate creature, domestic or wild, not to include birds.
o Animal warden The term "animal warden" means any person employed, contracted, or appointed by the board of supervisors of the county for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals and includes any state or municipal police officer, animal control officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of any dog or other animal.
o Companion animal. Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.
o Dangerous dog. The term "dangerous dog" means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal.
o Dealer. Any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. The following shall not be considered dealers: (1) Any person who transports companion animals in the regular course of business as a common carrier; or (2) Any person or organization whose primary purpose is to find permanent adoptive homes for companion animals.
o Kennel. Any establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling or showing.
o Own; owner. The terms "own" and "owner" apply to any person having a right of property in a dog or cat; any person who keeps or harbors a dog or cat or has it in his/her care, or who acts as a custodian of a dog or cat.
o Pet shall mean any animal kept for pleasure rather than utility.

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- Sec. 4-2. Lawful fences established; certain animals prohibited to stray.
o Pursuant to the provisions of section 55-310 of the Code of Virginia, 1950, as amended, the board of supervisors hereby declares that all fences and the boundary line of each lot or tract of land on each side of each public road in the county shall be lawful fences as to any livestock domesticated by man as mentioned in section 55-306 of the Code of Virginia, 1950, as amended; and it shall be unlawful for the owner or manager of any horse, mule, cattle, hog, sheep or goat to permit any such animal, as to which the fences or boundaries of lots or tracts of land are made lawful fences by this section, to run at large beyond the limits of his own lands within the county. The owner or manager of any such animal permitted to run at large shall be liable for the actual damages sustained. When punitive damages are awarded, the same shall not exceed twenty dollars ($20.00) in any case. For every succeeding trespass, the owner or manager of such animal shall be liable for double damages, both actual and punitive.

- Sec. 4-3. Fowl, poultry and livestock not permitted to stray.
o It shall be unlawful for any person to allow or permit any fowl, poultry or livestock of any description to stray to any highway or public property or private premises of another; and all poultry, fowl and livestock shall be sufficiently confined or fenced up by the owner or person exercising control over such poultry, fowl or livestock, so as to prevent such poultry, fowl or livestock from trespassing or straying. Any violation of this section shall be punishable as provided in section 4-2.

- Sec. 4-6. Cruelty to animals; penalty.
o Any person who:
-- Overrides, overdrives, overloads, tortures, ill treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to himself or another; or
-- Deprives any animal of necessary sustenance, food, drink or shelter; or
-- Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; or
-- Carries or causes to be carried in or upon any vehicle, vessel, or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or
-- Causes any of the above things, or being the owner of such animal permits such acts to be done by another;
shall be guilty of a Class I misdemeanor. Prosecution for violations of this section shall commence within five (5) years of the commission of the offense. Prosecution under this section regarding agricultural animals as defined in the Code of Virginia, 1950, as amended, shall commence within one (1) year after the commission of the offense; but nothing in this section shall be construed to prohibit the dehorning or castration of cattle, hogs, sheep or goats.

- 3.2-6503. Care of animals by owner, penalty
A. Each owner shall 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. Adequate care, treatment, and transportation; and
7. Veterinary care when needed or to prevent suffering or disease transmission.
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. This section shall not require that animals used as food for other animals be euthanized.

B. Game and wildlife species shall be cared for in accordance with regulations promulgated by the Board of Game and Inland Fisheries by January 1, 1994.

C. Violation of this section is a Class 4 misdemeanor.

o Definitions -

o "Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.

o "Adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

o "Adequate feed" means access to and the provision of food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

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o "Adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter.

o "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

o "Adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

- Sec. 4-8. Disposition of dead companion animal.
o The owner of any companion animal which has died from disease or other cause shall forthwith cremate, bury, or sanitarily dispose of the same. If, after notice, any owner fails to do so, the animal warden or other officer, shall bury or cremate the companion animal, and he may recover on behalf of the county from the owner his costs for this service.

- Sec. 4-9. Burial or cremation of animals or fowls which have died.
o When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and, if he fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal so cremated or buried the actual cost of the cremation or burial, not to exceed seventy-five dollars ($75.00), and the owner of every such fowl so cremated or buried the actual cost of the cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner.

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- Sec. 4-11. Dogs and cats deemed personal property; rights relating thereto.
o All dogs and cats in this county shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass, and the owners thereof may maintain any action for the killing of any such dogs or cats, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. An animal warden or other law enforcement officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such dog or cat pending action before the general district court or other court. If no such action is instituted within seven (7) days, the animal warden or other officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against such owner of such premises, and the animal warden shall take such dog or cat in charge and notify its legal owner to remove him. The legal owner of the dog or cat shall pay a reasonable charge for the keeping of such dog or cat while in the possession of the animal warden.

- Sec. 4-12. Vaccination of dogs and domesticated cats required.
o It shall be unlawful for any person to own, keep or harbor any dog or domesticated cat over four (4) months old within the county unless such dog or domesticated cat has been vaccinated with a species-appropriate vaccine licensed by the United States Department of Agriculture and administered by a licensed veterinarian, and has received any required revaccination against rabies as specified in the certificate of vaccination.
o Upon vaccination or revaccination of a dog or domesticated cat as required by this section, a certificate of vaccination, properly executed and signed by the licensed veterinarian performing the vaccination, shall be issued to the animal's owner by the veterinarian, who shall retain a copy of the certificate for his or her records.
o The certificate issued pursuant to paragraph (b) of this section shall be NASPHV Form 50, or its equivalent, and shall certify that the dog or domesticated cat has been vaccinated against rabies in accordance with this article, and shall include the following information:

-- The date of the vaccination;
-- The date for required revaccination;
-- A brief description of the dog or cat or its age, sex and breed; and
-- The name and address of the animal's owner.

o The certificate issued pursuant to paragraph (b) of this section shall be preserved by the owner of the dog or domesticated cat and exhibited promptly on request for inspection by any law enforcement officer.
o Any person owning, keeping or harboring any dog or domesticated cat over four (4) months old shall have the required vaccination performed within thirty (30) days of the passage of this article, or within thirty (30) days from the day on which the dog or domesticated cat is first owned, kept, harbored, or moved into the county by the person, whichever is later.
o Dogs shall be revaccinated no later than three (3) years from the vaccination required hereunder, and every third year thereafter.

- Sec. 4-13. Dog license--Required; amount of tax; treasurer to purchase materials; keep records, etc., form of tag.
o It shall be unlawful for any person to own a dog of any sex, four (4) months or more of age, in the county, unless an annual license tax, in the amount of two dollars ($2.00) for spayed or neutered dogs, or ten dollars ($10.00) for unspayed or unneutered dogs, or a triennial license tax in the amount of five dollars ($5.00) for spayed or neutered dogs, or twenty-five dollars ($25.00) for unspayed or unneutered dogs, has been paid for each dog at the office of the treasurer or his designated agent. Any violation of the provisions of this subsection shall be punishable as provided in section 4-28.
o The treasurer shall purchase necessary tags and receipt books, to be paid for by the county; shall maintain necessary records and accounts; and shall dispose of unsold tags as appropriate.
o The tax herein provided in subsection (a) shall not apply to the following:

-- Kennel for twenty (20) through forty-nine (49) dogs, for which there is hereby imposed an annual license tax of thirty dollars ($30.00).
-- Kennel for fifty (50) or more dogs, for which there is hereby imposed an annual license tax of fifty dollars ($50.00).

o The tag shall be of such material and in such form as prescribed by the treasurer and approved by the board of supervisors and shall bear the words "Fauquier County, Virginia" and the license year for which issued.
o No dog license tax shall be imposed on any dog which is trained and serves as a guide for a blind person or as a hearing dog for a deaf or hearing impaired person or as a service dog for a mobility-impaired person.

- Sec. 4-20. Displaying receipts; dogs to wear tags.
o Dog license receipts shall be carefully preserved by the licensees and exhibited promptly on request for inspection by any animal warden or other law enforcement officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any licensed dog four (4) months old or over to run or roam at large at any time without a license tag, except the collar and tag may be temporarily removed when (i) engaged in lawful hunting in the open season, (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. Any violation of this section shall be punishable as provided in section 4-28.

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- Sec. 4-22. Running at large prohibited.
o It shall be unlawful for any owner or custodian of a dog to permit the same to run at large at anytime within this county. For the purpose of this section, a dog shall be deemed running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner or custodian's immediate control. Any person who permits his dog or dogs to run at large shall be deemed to have violated the provisions of this section and shall be liable upon conviction of a first offense to a fine of not more than one hundred dollars ($100.00). Each second and subsequent conviction for violating this section shall be punishable by a fine of up to but not more than two hundred fifty dollars ($250.00) or imprisonment for a term not to exceed five (5) days, or both by such fine and imprisonment.

- Sec. 4-24. Abandoning animal on highway or elsewhere.
o Any person who abandons any dog, cat or other domesticated animal in any public place including the right-of-way of any highway, road or street or on the property of another shall be guilty of a Class 3 misdemeanor.

- Sec. 4-26. Dangerous or vicious dogs.
o Any animal warden who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate or the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal warden or owner shall confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal, if, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Section 3.2-6562 of the Code of Virginia, as amended.
o No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the local governing body prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.

- Sec. 4-28. Violations and penalties.
o Any person who shall make a false statement in order to secure a dog license to which he is not entitled, shall be guilty of a Class 4 misdemeanor.
o Any person convicted of failure to pay the license tax prior to February first of any year, or as otherwise provided in this article, on any dog owned by him, shall be guilty of a Class 4 misdemeanor. In addition, the court may order the confiscation and proper disposition of the dog unless the fine and license tax is immediately paid.
o If a dog be found running and roaming at large at any time of the year in violation of the provisions of section 4-22, its owner shall pay a fine of not less than two dollars and fifty cents ($2.50) for the first offense and five dollars ($5.00) for each offense thereafter, and, if it is a kennel dog, the license may be revoked if the law appears to the trial court to have been violated by reason of carelessness or negligence on the part of the owner, who shall thereupon be required to secure an individual license on each dog.
o Any other violation of this article for which a specific penalty is not provided shall be punishable as a Class 4 misdemeanor.

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- Chapter 13.5 NOISE
o Sec. 13.5-1. Violations of chapter.
-- Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.

o Sec. 13.5-2. General prohibitions.
-- The creation of any unreasonably loud, disturbing and unnecessary noise in the county is prohibited. Noise as hereinafter defined, of such character, intensity and duration as to be detrimental to the health, safety or general welfare of any individual is prohibited.

o Sec. 13.5-3. Specific prohibitions.
-- Noisy animals. Owning, keeping, possessing or harboring any animal or animals which frequently or habitually howl, bark, meow, squawk or make such other noise as is plainly audible across property boundaries or through partitions common to two (2) persons within a building.

- 3.2-6552. Dogs killing, injuring or chasing livestock or poultry.
o It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog.
o Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be (i) killed immediately by the animal control officer or other officer designated by the court or (ii) removed to another state which does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth which is later found in the Commonwealth shall be ordered by a court to be killed immediately.

- Sec. 4-36. Permit required for pet shops and dealers.
It shall be unlawful for any person to operate a pet shop or operate as a dealer in companion animals who does not possess a valid permit issued by the animal warden. The permit shall be obtained on an annual basis no later than January 31 of each year. The fee for said permit and each renewal thereof shall be fifty dollars ($50.00) per year. For the purpose of this article, a person who breeds not more than one (1) companion animal not more than one (1) time per calendar year and sells, transfers, exchanges or barters the offspring or litter shall be deemed not to have done so "in the regular course of business" as set forth in the definition of dealer contained in section 4-1 of this chapter.

- Sec. 4-37. Recordkeeping by permit holder.
Any person obtaining a permit pursuant to this section shall be required to maintain records as specified by the animal warden on the application form. The animal warden shall be permitted to inspect the premises of the facility prior to issuance or reissuance of the permit.

- Sec. 4-38. Denial and revocation of permits.
The animal warden may deny issuance or renewals of any permit issued pursuant to this article, or revoke any such permit for fraudulent practices or inhumane treatment of animals dealt with by the permittee.

- Sec. 4-39. Penalty.
Operating a pet shop or operating as a dealer in companion animals without having obtained such a permit from the county shall be a class 3 misdemeanor.

For more information on Fauquier County Code of Ordinances concerning animals go to http://www.municode.com/resources/gateway.asp?pid=10294&sid=46

For more information on The Town of Warrenton Code of Ordinances concerning animals go to http://www.warrentonva.gov/Government.aspx

For more information on the Comprehensive Animal Laws of Virginia go to The Virginia Federation of Humane Societies at http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm049182.htm

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Date Last Modified: 02/27/2013

 
 


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