ORDINANCE

 

 AN oRDINANCE TO AMEND SECTION 4-1 of the County Code to add a definition of animal dealer and to add article iv to chapter 4 of the code to require payment of an annual license fee of $50 by companion animal dealers and for-profit breeders

 

WHEREAS, in July 2005, the General Assembly amended the enabling legislation related to animal control to permit the County to license dealers and breeders of companion animals and to charge a fee of $50 per year for the license; and

 

WHEREAS, Fauquier County has determined that the adoption of such a regulation is in the best interest of the County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 10th day of November 2005, That the County Code be, and is hereby, amended to add the following definition of Animal Dealer to the definitions set forth in Section 4-1 of the County Code, and to add new Article IV regulating animal dealers and requiring the payment of a license fee of $50 per year, as follows:

 

Sec. 4-1. Definitions

 

Dealer means 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: (i) any person who transports companion animals in the regular course of business as a common carrier, or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals

 

Article IV.  Licensing of Pet Shops and Dealers.

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 per year.

For the purpose of this Article, a person who breeds not more than one companion animal not more than one 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 Ordinance.

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 section, 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.