ORDINANCE

 

AN ORDINANCE TO AMEND THE DEFINITION OF DANGEROUS DOG WITHIN SECTION 4-1 OF THE COUNTY CODE

 

            WHEREAS, the Code of Virginia at Section 3.-796.93:1 authorizes the County to enact an Ordinance regulating dangerous and vicious dogs; and

 

            WHEREAS, the enabling legislation authorizes the County to adopt a definition of “dangerous dog” which includes a dog that has attacked another dog; and

 

            WHEREAS, the County deems that it is appropriate and in the public interest to amend its definition of “dangerous dog” to include the statutorily authorized language; now, therefore be it

 

            ORDAINED by the Fauquier County Board of Supervisors this 10th day of November 2005, That Section 4-1 of the County Code be, and is hereby, amended to include the attached revised definition of “dangerous dog.”

 

Sec. 4-1. Definitions.

 

Notwithstanding anything in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

Animal shall include any live vertebrate creature, domestic or wild, not to include birds.

 

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.

 

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.

 

Dangerous dog. The term "dangerous dog" means any 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. however, when a dog attacks or bites another dog, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite or (ii) both dogs are owned by the same person.   No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event.

 

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.

 

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.

 

Pet shall mean any animal kept for pleasure rather than utility.

 

Vicious dog. The term "vicious dog" means a canine or canine crossbreed which has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit that behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding.

 

Wild or exotic animal shall mean any live monkey (non-human primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous snake, constricting snake greater than three (3) feet in length or tarantula, which can normally be found in the wild state or any other member of crocodilian, including but not limited to, alligators, crocodiles, caymans, and gavials. Ferrets, rabbits, and laboratory rats which have been bred in captivity, and which have never known the wild, shall be excluded from the definition.

 

(Ord. No. 95-30, 10-3-95 No. ____, _______)