Fairfax Municipal Code Ch. 6.12 Cats

The Town Council finds and determines that the keeping, harboring or maintenance of six or more cats of the age of eight months and upward within the town, except as provided in this chapter, unless regulated as to location, sanitary conditions, proper fencing and security, is detrimental to the public health, safety and general welfare, and that the public interest requires that the Town Council prescribe reasonable restrictions for the more efficient control thereof.

(Prior Code, § 6.12.010)

This chapter does not apply to any of the following persons:

(A) The operator of any licensed business dealing in the purchase and sale of cats or the keeping or boarding of them for hire;

(B) Any licensed veterinarian or animal hospital where cats in the numbers of six or more over the age of eight months may be kept, harbored or maintained; and

(C) Any person or persons operating any show or exhibition of cats where the cats will be physically controlled and restrained and not permitted to run at large; provided, the show or exhibition is of a temporary nature, not exceeding three days.

(Prior Code, § 6.12.020)

It is unlawful for any person to keep, harbor or maintain or cause to be kept, harbored or maintained in the town six or more cats over the age of eight months without having first obtained a permit so to do as provided in this chapter.

(Prior Code, § 6.12.030)

(A) Any person desiring to keep, harbor or maintain or cause to be kept, harbored or maintained six or more cats over the age of eight months in the town shall make application so to do directed to the Town Council and file the same in duplicate with the Chief of Police of the town.

(B) The application shall be in such form as may be prescribed by the Town Council and shall include the written consent of the applicant to permit the Chief of Police or the Health Officer, as the case may be, to make reasonable inspection of the premises where the cats are to be kept, harbored or maintained.

(Prior Code, § 6.12.040)

A filing fee as set by resolution of the Town Council shall be paid prior to filing each application, no part of which shall be returned to the applicant.

(Prior Code, § 6.12.050)

Upon payment of the fee prescribed in § 6.12.050, the Chief of Police shall forthwith cause an inspection to be made of the premises where it is proposed that such cats are to be kept, harbored or maintained, and shall thereafter make a written report to the Town Council concerning the inspection, which report shall be forwarded with the copy of the application. The report shall include, but is not limited to, health and safety factors, manner of housing and feeding, fencing or security, offensiveness and proximity to neighbors’ dwellings.

(Prior Code, § 6.12.060)

(A) When the Chief of Police has filed his or her report and the application as aforesaid, the Town Clerk shall immediately set a date for a public hearing on the application, which date shall be the first regular meeting of the Town Council occurring after 15 days have expired from the date of filing the report and application. The Town Clerk shall also notify, in writing, all persons owning real property within a radius of 250 feet of the exterior boundaries of the premises where the cats are to be kept, harbored or maintained of the public hearing before the Town Council, setting forth the time and place of the hearing, the nature of the application and the name and address of the applicant, and further stating that protests to the granting of a permit may be made in person or in writing.

(B) The mailing, postage prepaid, of a notice to the owner as shown on the assessment rolls of the real property shall constitute compliance with this section. Such a notice may also be delivered to any adult person at any residence within the area and shall constitute compliance.

(Prior Code, § 6.12.070)

At the time set forth for the public hearing or at the time to which the hearing may be continued, the Town Council shall hear any persons appearing at the meeting either for or against the granting of the permit, and shall consider the report of the Chief of Police and any written communications in regard thereto. If the Council specifically finds that the keeping, harboring or maintaining of the cats described in the application may be so kept, harbored and maintained without the creation of any nuisance, then the Town Council may grant the application.

(Prior Code, § 6.12.080)

Any permit granted or issued pursuant to this chapter shall be revocable at any time by the Town Council upon a finding that the keeping of six cats or more over the age of eight months is or may become detrimental to the public health, safety or general welfare or may constitute a public or private nuisance.

(Prior Code, § 6.12.090)