Chapter 6.05 GENERAL PROVISIONS

For the purpose of protection to persons and property, except as otherwise limited or qualified, this title shall apply to the regulation of any animal including but not limited to canines and felines. [Ord. 421 § 3, 1-10-66. Prior code § 3-1].

Article I. Poundmaster – Enforcement

6.05.020 Office created – Duties generally.

There is created the position of poundmaster, which officer shall enforce the provisions of this title and the laws of the state relating to the registration, control, and disposition of animals. [Ord. 421 § 2, 1-10-66. Code 1959 §§ 3.5, 3.6; prior code § 3-2].

Cross reference—Duty to impound dogs, WMC 6.10.100.

6.05.030 Power of arrest.

The poundmaster is vested with the powers and duties of police officers of the city, and each shall have the power and it shall be their duty to make arrests for violations of any of the provisions of this title. [Code 1959 § 3.7; prior code § 3-3].

6.05.040 Right of entry.

The poundmaster is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large contrary to the provisions of this title, or for the purpose of ascertaining whether such animal is registered as provided in this title, or for the purposes of inspecting the premises to ascertain whether any law of the city or state relating to the care, treatment or impounding of dumb animals is being violated. [Code 1959 § 3.13; prior code § 3-4].

6.05.050 Records.

The poundmaster shall keep a record of the number of all animals impounded, showing in detail in the case of each animal the description; date of receipt; name of the owner and keeper, if known; the date and manner of disposal; the name of the person redeeming or purchasing and the fees and charges and proceeds of sales received on account thereof; and such additional records as may be required by the city council. [Code 1959 § 3.9; prior code § 3-5].

6.05.060 Interference with.

It shall be unlawful to interfere with, oppose or resist any authorized person who is collecting or impounding animals under the provisions of this title and such authorized person may go upon private property for the purpose of enforcing this title or collecting or impounding animals. Any such authorized person, other than a peace officer, shall wear a badge. [Ord. 421 § 14, 1-10-66. Prior code § 3-6].

6.05.070 Collection and disposition of dead animals.

The poundmaster shall see that dead animals are collected and disposed of. [Ord. 421 § 12(c), 1-10-66. Prior code § 3-7].

6.05.080 Enforcement by police – Citation to appear for violation.

It shall be the duty of any police or other authorized person to enforce this title. In addition to the impounding of an animal, the owner and keeper of such licensed or unlicensed animal which is running at large may be cited to appear by citation, giving the license number of said animal, if licensed, and directing said owner and keeper to appear before a court of proper jurisdiction for violation of this title. [Ord. 421 § 15, 1-10-66. Prior code § 3-8].

Article II. Impounding

6.05.090 Providing for facilities.

The city council may construct and maintain pounds and arrange for transportation facilities, or the city council may contract for either or both of these services. The city council may require a faithful performance bond of the other contracting party. The fees for collecting, impounding and disposing of animals may be determined by negotiation, and shall be stipulated in any contract signed by the city council. If a city agency provides these services, the city shall determine the fees. [Ord. 421 § 13, 1-10-66. Prior code § 3-9].

6.05.100 Care of impounded animals.

When any animal is impounded, it shall be provided with proper and sufficient food and water by the poundmaster. [Code 1959 § 3.11; prior code § 3-10].

6.05.110 Notice to owner.

The poundmaster shall immediately upon impounding any animal make every reasonable effort to notify the owner of the animal impounded and inform such owner of the conditions whereby he may regain custody of such animal. [Code 1959 § 3.12; prior code § 3-11].

6.05.120 Destruction of certain impounded animals.

It shall be the duty of the poundmaster and he is authorized and empowered to forthwith destroy any animal lawfully impounded which is by reason of age, disease or other cause, unfit for further use, or is dangerous to keep impounded. [Code 1959 § 3.19; prior code § 3-12].

Cross reference—Impounding of dogs, WMC 6.10.100 et seq.

Article III. Miscellaneous Regulations

6.05.130 Keeping of swine, cattle and horses.

It shall be unlawful and it is hereby declared to be a nuisance for any person to keep or maintain any swine, cattle, horses, or other livestock within the limits of the city. [Code 1959 § 3.4; prior code § 3-13].

6.05.140 Vicious animals.

It shall be unlawful to keep any vicious or dangerous animal unrestrained. [Code 1959 § 3.36; prior code § 3-14].

6.05.150 Wild animal defined.

The term “wild animal” shall be construed to mean and include any animal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition or which is known to be vicious and which must be kept in confinement to be brought within the immediate power of the owner, or which is venomous to human beings whether its venom is transmitted by bite, sting, touch, or other means. [Ord. 513-75, 3-10-75. Prior code § 3-14.01].

6.05.160 Wild animals not permitted in city – Exceptions.

It shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, within the city of Willows any wild animal as described in WMC 6.05.150, except as follows:

(1) Wild Animals in Zoos or Museums. Any wild animals which are kept confined in zoos, museums, or any place where they are kept as live specimens for the public to view.

(2) Wild Animals in Circuses, Carnivals, Exhibits or Shows. Any wild animals which are kept and confined and placed on exhibit in a circus, carnival, or any type of exhibit or show.

(3) Wild animals in bona fide, licensed veterinary hospitals for treatment.

(4) Any nonvenomous, nondangerous wild animal under the weight of three pounds, provided such animal is properly confined and cared for in a manner satisfactory to the chief of police.

Dangerous or poisonous reptiles may be maintained by bona fide education institutions for the purpose of instruction, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the chief of police. [Ord. 513-75, 3-10-75. Prior code § 3-14].

6.05.170 Noisy animals and fowl.

The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or the neighborhood is unlawful, is declared to be a public nuisance, and each day shall constitute a separate offense. [Code 1959 § 3.37; prior code § 3-15].

Cross reference—Prohibition of noises generally, WMC 8.10.020(17).

6.05.180 Animals creating nuisances generally.

It shall be unlawful to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the same is declared to be a nuisance and any such animal may be impounded. Whenever it shall be affirmed in writing by three or more persons having separate residences, or regularly employed in the neighborhood, that any animal is an habitual nuisance by reason of trespassing, howling, barking or other noises, or damage to property, or being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, the poundmaster, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated. [Code 1959 § 3.38; prior code § 3-16].

Cross reference—Committing nuisance on another’s property by dog, WMC 6.10.090.

Article IV. Animals at Large

6.05.190 Prohibited.

No owner or keeper of an animal shall allow or permit any animal, whether licensed or unlicensed, to be or run at large within the city in or upon any public place or premises, or in or upon any private place or premises other than those of said owner or keeper, except with the consent of the person in charge of said private place or premises, unless such animal is in the charge and control of a person competent to keep such animal under effective charge and control. For the purposes of this section, any animal in or upon any vehicle shall be deemed to be on the premises of the operator thereof. [Ord. 421 § 6, 1-10-66. Code 1959 § 3.35; prior code § 3-17].

6.05.200 Fowl at large.

It shall be unlawful and it is hereby declared to be a nuisance for any person to cause or permit any chickens, ducks, geese, turkeys, or other domestic fowl to go or be at large, or to go or be upon the premises owned or occupied by any other person in the city, without such other person’s written consent. [Code 1959 § 3.3; prior code § 3-18].

6.05.210 Compliance with state law relating to strays.

Notwithstanding any provisions in this title, the Agriculture Code of the state, Division 3, Chapter 5, Article 2, shall be complied with in reference to estray bovine animals, horses, mules or burros. [Code 1959 § 3.2; prior code § 3-19].