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For an up to date list of dangerous dogs, please visit the
Virginia Department of Agriculture & Consumer Services (VDACS)
Dangerous Dog Registry.
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Section 41.1-2-7 Controlling
dangerous and vicious dogs
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(a) If any animal control
officer has reason to believe that a canine or canine crossbreed within the
County is a "dangerous dog" or a "vicious dog", as
those terms are defined in Section 41.1-1-1(Above), the officer shall apply
to a magistrate or Fairfax County for the issuance of a summons requiring
the owner, if known, to appear before the 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 Services Division shall
confine the animal until such time as evidence shall be heard and a
judicial determination rendered. If the animal control officer determines
that the owner or custodian can confine the animal in a manner that
protects the public safety, then the officer may permit the owner or
custodian to 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 harbored 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 this Section. If, after hearing evidence, the court finds the animal to
be a vicious dog, the court shall order the animal euthanized..
(b) No animal shall be
found to be a dangerous dog or vicious dog solely because it is a particular breed, nor is a particular breed of
canine or canine crossbreed prohibited. No animal shall be found to be
dangerous or vicious if the bite, attack, or injury was sustained by a
person who was (i) committing, at the time, a
crime upon the premises occupied by the animals 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, (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 that 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 act 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..
(c) The owner of any
animal found by the court to be a dangerous dog shall pay the impoundment
and boarding fees set forth in Section 41.1-2-5 and, within 10 days of such
a finding, obtain a dangerous dog registration certificate from the Animal
Services Division, for an additional fee of $100.00. The Animal Services
Division shall also provide the owner with a uniformly designed tag that
identifies the animal as a dangerous dog. The owner shall affix the tag to
the animal's collar and ensure that the animal wears the collar and tag at
all times. All certificates obtained pursuant to the subsection shall be
renewed annually for the same fee and in the same manner as the initial
certificate was obtained. Any animal not redeemed within 10 days of the
court's findings shall be treated under Section 41.1-2-5 in the manner as
if it had been impounded for running at large.
(d) All certificates or
renewals thereof required to be obtained under this Section shall only be
issued to persons 18 years of age or older who present satisfactory
evidence that (i) the animal is currently
vaccinated for rabies; (ii) the animal is and will be confined in a proper
enclosure or is and will be confined inside the owner's residence or is and
will be muzzled and confined in the owner's fenced-in yard until the proper
enclosure is constructed; (iii) Their residence and/or property is and will
continue to be posted with clearly visible signs warning minors and adults
of the presence of a dangerous dog on the property (iv)the animal has been
permanently identified by means of a tattoo on the inside thigh or by
electronic implant; (v) the owner has liability insurance coverage, to the
value of at least $100,000.00, that covers animal bites.
(e) While on the property
of the owner, an animal found by the court to be dangerous shall be
confined indoors or, if outdoors, in a securely enclosed and locked
structure of sufficient height and design to prevent its escape of direct
contact with or entry by minors, adults, or other animals. The structure shall
be designed to provide the animal with shelter from the elements of nature.
When off its owner's property, an animal found by the court to be a
dangerous dog shall be kept on a leash and muzzled in such a manner as not
to cause injury to the animal or interfere with the animal's vision or
respiration, but so as to prevent it from biting a person or another animal
(f) If the owner of an
animal found by the court to be a dangerous dog is a minor, the minor's
custodial parent or legal guardian shall be responsible for complying with
all requirements of this section.
(g) After an animal has
been found be a court to be a dangerous dog, the animal's owner shall
immediately, upon learning of same, notify the Animal Services Division if
the animal (i) is loose or unconfined; (ii) bites
a person or attacks another animal; (iii) is sold, given away, or dies;
(iv) has been moved to a different address.
(h) The owner of any
animal that has been found by the court to be a dangerous dog who fails to
comply with the requirements of this Section shall be guilty of a Class 1
misdemeanor.
(i) The
Department of Finance shall pay all fees collected pursuant to this
Section, less the costs incurred by the Animal Services Division to produce
and distribute the certificates and tags required by this Section, into a
special dedicated fund for the purpose of paying the expenses of any
training course required under Virginia Code § 3.1-796.104:1.
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Section 41.1-2-4 Unrestricted dogs prohibited; leash
law
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(a) No dog shall run
unrestricted, as defined in Section 41.1-1-1, in the County. Any person who
is the owner of a dog found unrestricted in the
County shall be in violation of this Section. This Section shall not apply
to any person who uses a dog under his direct supervision while lawfully
hunting, while engaged in a supervised formal obedience training class or show,
during formally sanctioned field trails, while a dog is in an area owned,
leased, controlled, or operated by Fairfax County designed by the Board of
Supervisors as an off-leash dog exercise area , or while a dog is in an
area owned, leased, controlled, or operated by the Fairfax County Park
Authority and designated as an off-leash or dog exercise area, or while a
dog in an area leased, controlled, or operated by the Northern Virginia
Regional Park Authority Board as an off-leash or dog exercise area. It is a
violation of this Section for any owner of a dog to place such a dog or
allow it to be placed into custody of any person not physically capable of
maintaining effective control of restricting such dog
(b) Any dog found
unrestricted in violation of subsection (a) shall be impounded, except that
if the rightful owner of the dog can be immediately ascertained and
located, then that owner shall be allowed to have custody of the animal,
but shall be subject to issuance of a summons for violation of this
section.
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Section 41.1-2-4 Class 4 misdemeanors
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Citizens are reminded that violations of 41.1-2-4 are
Class 4 misdemeanors and must be witnessed by an Animal Control Officer
in order for a charge to be placed. Citizens can secure warrants and then
must appear in court to testify to the facts when the citizen secures the
warrant.
There is sometimes frustration on the part or the
citizen regarding Animal Control "not doing anything" about
dogs running at large. If the violation is not occurring at the time the
Animal Control Officer responds, the Animal Control Officer can not
make a charge.
Assistance from the public/citizens is always
helpful and is encouraged. Anytime a violation is observed call the
non-emergency dispatch number, 703-691-2131 and request an Animal Control
Officer to respond.
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