Fairfax Municipal Code Ch. 6.16 Miscellaneous Animal Control Regulations

Section

Cross-reference: Marin County Animal Control Code Adopted, see Chapter 6.04

It is unlawful for the owner or person having custody or control of any dog to suffer or permit the same under any circumstances to be upon any public property, street, sidewalk or other public place unless the dog is restrained by a leash not to exceed ten feet in length to enable the person to maintain constant control over the dog.

(Prior Code, § 6.16.010) (Ord. 479, passed - -1981)

(A) It is unlawful for the owner or person having custody or control of any dog, other than guide dogs, to suffer or permit the same under any circumstances to go or remain upon the Central Ballfield Playing Field or the Peri Park Playground Area in the Fairfax Park.

(B) Any violation of this section shall constitute an infraction.

(Prior Code, § 6.16.011) (Ord. 595, passed - -1990)

(A) It is unlawful for the owner or person having custody or control of any dog to allow the dog to defecate upon any public property or any private property not owned or possessed by the person owning or having control of the dog unless the person immediately removes and disposes of the feces in a sanitary manner to a proper receptacle.

(B) A visually handicapped person who has the charge or control of a guide dog, or a police dog in the performance of law enforcement duties, shall be exempt from the provisions of the section.

(C) Any person violating this section shall be guilty of an infraction and, upon conviction, shall be punished by a fine set forth by the Town Council.

(Prior Code, § 6.16.020) (Ord. 479, passed - -1981; Am. Ord. 675, passed - -1998)

It is unlawful for any person to keep or permit to be kept any horse, burro, cow, steer, bull, pig, calf, goat or sheep within 200 feet of any window or door of any residence or dwelling in the town, or to permit any such animal to remain within such distance of any window or door of any residence or dwelling.

(Prior Code, § 6.16.030)

(A) It is unlawful for any person to keep or cause or permit to be kept or fed, within 25 feet of any window or door of any residence or dwelling within the town, any pigeon, dove, chicken, duck, turkey, goose or other fowl, or to permit any such fowl to enter or remain in any creek or standing water or to run or go upon the premises of any other person within the town.

(B) The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any fowl which by any frequent or long-continued noise shall cause annoyance or discomfort to persons of normal sensitivity in the vicinity is prohibited. The written affirmation by two persons that violation of this section disturbs the peace and quiet of said persons within the same two-week period shall be prima facie evidence of a violation of this section. Enforcement of this provision shall be the responsibility of the Building Official or Code Enforcement Officer and shall occur as set forth in Chapter 1.10, Administrative Citation and Hearing Process Enforcement. The use of administrative citation and fine as means for addressing violations of this section shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this code and may be used at the sole discretion of the town.

(Prior Code, § 6.16.040) (Ord. 777, passed 3-5-2014)

Any person maintaining any stable, corral, pen or coop for holding or confining any of the birds, fowl or animals mentioned in §§ 6.16.040 and 6.16.050 shall keep and maintain the same in a clean and sanitary condition.

(Prior Code, § 6.16.050)

(A) It is unlawful for any person to display, sell, offer for sale, barter or give away any baby chicks, rabbits, duckling or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated.

(B) This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

(Prior Code, § 6.16.060)